reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-359 Examination of petition; creation of district; form.

42-359.
Examination of petition; creation of district; form.
It shall be the duty of such board of county commissioners at their first regular meeting after the filing of such petition, or within thirty days thereafter, to examine such petition, make such investigation and hear such testimony as they shall deem proper, and if from the examination of such petition and such investigation and such testimony said commissioners shall find that said petition is signed by three-fourths of the owners of land within said proposed district who are residents of said county, and that the erection of such irrigation district will be beneficial to the owners of land within said district, said board of county commissioners shall make an order creating such district and designate it, "Irrigation district number ______, of __________ County, Kansas." (Inserting in the blank spaces therein the number of the district in consecutive numbers, according to the order of formation of the same in said county, and the name of said county.) Which order shall define the boundaries of said district and shall be recorded upon the journal of said board, and from thenceforth such district shall be a body corporate, having all the powers and responsibilities belonging to other public corporations created under and by virtue of the statutes of the state of Kansas, including the power of eminent domain: Provided, That nothing herein shall be so construed as to grant to such corporation power to condemn or acquire in any other manner than by purchase, any irrigation works belonging to any other person, company or corporation.
History: L. 1891, ch. 133, art. 7, § 3; R.S. 1923, 42-359; L. 1929, ch. 204, § 2; March 16.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-363 Officers; term; annual election.

42-363.
Officers; term; annual election.
The officers of such district shall be a board of irrigation commissioners, consisting of a president, secretary and treasurer, and shall hold their offices for a period of one year. They shall be elected at an annual election to be held on the second Monday of December of each year, and shall hold their respective offices until their successors are elected and qualified. The board of county commissioners shall have power to appoint the first officers of such district, and such appointed officers shall hold their office until the next ensuing annual election, and until their successors are elected and qualified.
History:
L. 1891, ch. 133, art. 7, § 7; May 20; R.S. 1923, 42-363.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-364 Qualifications of voters and officers; election precincts in districts; returns of election; annual election; notice.

42-364.
Qualifications of voters and officers; election precincts in districts; returns of election; annual election; notice.
At all elections held in said irrigation district for the purpose of electing officers, providing for the issuance of bonds, or any other purpose, all persons possessing the qualifications of electors who are residents of the county in which said district is located and owners of land within said district shall be deemed qualified voters, and qualified to hold office as members of the board of irrigation commissioners of such district. Such elections shall be conducted in all respects as general elections in the state of Kansas. After the creation of said district, as hereinbefore provided, the board of irrigation commissioners shall provide in such irrigation district one or more convenient election precincts for all the purposes of this act, and shall designate the voting places in said precincts, and shall make report in writing to the board of county commissioners of said county of such election precincts and voting places, which said report shall be filed with the county clerk and a minute thereof made upon the journal of the board of county commissioners, and if any change shall be made in such voting precincts or voting places by said board of irrigation commissioners, the same shall in like manner be reported to the board of county commissioners, filed and minuted as aforesaid.
It shall be the duty of the county clerk of the county in which such irrigation district is located to cause a notice of each annual election in said district to be published in the official county paper of said county for three consecutive weeks prior to the date of such election, which notice shall designate the voting place in each voting precinct in said district. The board of county commissioners shall designate three judges and two clerks for each election precinct in said district, who shall each be a qualified voter of the county in which said district is located, and who shall receive the same compensation as is provided by law for judges and clerks at general elections. All expenses of conducting such elections shall be paid by the treasurer of said irrigation districts out of the funds of said district. The returns of such elections shall be made to the board of county commissioners of such county, and such board shall meet on the next Friday thereafter and canvass the returns of said election and declare the results.
History: L. 1891, ch. 133, art. 7, § 8; R.S. 1923, 42-364; L. 1929, ch. 204, § 3; March 16.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-365 Bonds; tax levy to pay.

42-365.
Bonds; tax levy to pay.
Any irrigation district created under the provisions of this article shall have the power, and it is hereby authorized, to issue the bonds of said district for the purpose of building or purchasing any main ditch, ditches, or laterals, or any other works, system or device necessary or suitable for the purpose of irrigating the land in such district; the total amount of said bonds not to exceed ten dollars ($10) per acre for each acre of land irrigable from and by said works so purchased or constructed, or to be purchased or constructed, in said district; said bonds to be payable in not less than five (5) years nor more than thirty (30) years, and to bear interest not to exceed the maximum rate prescribed by K.S.A. 10-1009; and shall have power to levy such tax upon all the real estate which shall be dependent for irrigation upon the irrigation works so constructed or purchased, or to be so constructed or purchased, within said district, as may be necessary to raise sufficient funds to pay the interest on such bonds and create a sinking fund to meet the payment of such bonds at maturity thereof.
History:
L. 1891, ch. 133, art. 7, § 9; L. 1901, ch. 71, § 1; R.S. 1923, 42-365; L. 1970, ch. 64, § 73; March 21.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-366 Petition for bonds.

42-366.
Petition for bonds.
If at any time after the creation of any such irrigation district the people of such district shall desire the issuing of the bonds of said district for the purposes hereinbefore set forth, they shall present to the board of county commissioners of the county wherein said district is situated a petition asking said board of county commissioners to submit to the qualified electors of said district a proposition to vote the bonds of said district for such purpose.
History:
L. 1891, ch. 133, art. 7, § 10; May 20; R.S. 1923, 42-366.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-367 Hearing on petition.

42-367.
Hearing on petition.
Such petition shall specify the amount of bonds to be voted and the length of time such bonds shall run, and shall be signed by not less than three-fifths of the owners of land within said district who are qualified electors of the county in which said district is located. The filing of such petition in the office of the county clerk of such county shall be a presentation of the same to said board of county commissioners, and upon the filing of the same the county clerk shall immediately notify the members of said board of county commissioners thereof, and it shall be the duty of said board of county commissioners to meet at their usual place of meeting within ten days after the filing of said petition and consider the same; and if said board shall find that said petition is in due form and signed by not less than three-fifths of the owners of land within said irrigation district who are qualified electors of the county in which said district is located, they shall make an order calling an election in said district to vote upon the proposition to issue said bonds.
History: L. 1891, ch. 133, art. 7, § 11; R.S. 1923, 42-367; L. 1929, ch. 204, § 4; March 16.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-368 Bond election; notice.

42-368.
Bond election; notice.
Such election shall be held within forty days after the day on which said commissioners shall have met to consider such petition. Notice of such election shall be published in the official paper of the county within which such district is located for three consecutive weeks, and be posted in at least five public places in said district at least three weeks prior to the date fixed for such election. That said election shall be conducted in the manner provided by the general election laws of the state of Kansas, and the returns shall be made to and canvassed by the board of county commissioners in the manner provided by K.S.A. 42-364.
History: L. 1891, ch. 133, art. 7, § 12; R.S. 1923, 42-368; L. 1929, ch. 204, § 5; March 16.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-369 Issuance of such bonds.

42-369.
Issuance of such bonds.
If three-fifths of the votes cast at such election be in favor of issuing said bonds, the said board of county commissioners shall make an order that said bonds shall be issued, which said bonds shall be duly executed by the president and secretary of the board of irrigation commissioners of said district and attested with the seal thereof, and shall be countersigned by the chairman of the board of county commissioners and the county clerk and attested with the seal thereof; and said bonds shall be duly registered in the manner provided by law.
History:
L. 1891, ch. 133, art. 7, § 13; May 20; R.S. 1923, 42-369.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-370 Sale of bonds; use of funds.

42-370.
Sale of bonds; use of funds.
When such bonds shall have been duly signed and countersigned and registered, the same shall be deposited with the county treasurer of such county, and by such county treasurer negotiated and sold for not less than par value; and the proceeds arising from the sale of said bonds shall be deposited in the county treasury to the credit of said irrigation district, and shall be devoted to purchasing or building a main ditch, ditches and laterals, head gates, dams and all other works, or any thereof, for purposes of irrigation as herein provided.
History:
L. 1891, ch. 133, art. 7, § 14; May 20; R.S. 1923, 42-370.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-371 Purchase of irrigation works by district; election; payment.

42-371.
Purchase of irrigation works by district; election; payment.
That whenever any irrigation district, formed in the manner hereinbefore provided, shall have secured, by issuing bonds as provided for herein, a fund for the purchase or construction of irrigation works in said district, the irrigation commissioners herein provided for may submit to the qualified electors of such irrigation district, in the same manner as provided for herein for the voting of bonds, a proposition to purchase any such works, particularly describing the same and giving the details of such proposed purchase; and at such election those voting in favor of the proposed purchase shall deposit a written or printed ballot containing the words, "For the purchase," and those voting against such purchase shall deposit a written or printed ballot containing the words, "Against the purchase"; and such vote shall be returned and canvassed in all particulars conformably to the like provisions of this article respecting the organization of such district; and whenever it shall be agreed to purchase any such irrigation works the vendor of the same shall convey the entire interest of the vendor, with an unqualified warranty therefor, to said irrigation district; and the same shall be paid for by the county treasurer out of the funds in his hands to the credit of such irrigation district, on an order signed by the president of said board of irrigation commissioners and attested by the secretary of said board with the seal thereof.
History:
L. 1891, ch. 133, art. 7, § 15; May 20; R.S. 1923, 42-371.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-372 Contracts for works; bids.

42-372.
Contracts for works; bids.
When it shall become necessary to build any irrigation works or any portion thereof to supply water for the purpose of irrigating the lands of said irrigation district, the said board of irrigation commissioners shall advertise for sealed bids for the construction of the same by advertisement for three consecutive weeks in the official paper of the county in which said district is situated, and may give such other public notice as they may deem expedient and proper; and shall let the work of constructing the same to the lowest responsible bidder, and in letting said work they may let the whole of said work to any one party, or may let portions of said work to different parties.
History:
L. 1891, ch. 133, art. 7, § 16; May 20; R.S. 1923, 42-372.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-373 Bond of contractor; payment.

42-373.
Bond of contractor; payment.
The contractors to whom such work is let shall enter into bond with said district, in such amount as the board of irrigation commissioners shall deem sufficient, for the faithful performance of their work; and said contractors shall be paid for their work as the work progresses, by the county treasurer, out of the funds in his hands set apart for that purpose, on orders drawn by the president and secretary of the irrigation district, in the same manner as provided for the purchase of such works: Provided, That said irrigation commissioners shall retain at least twenty percent of the contract price until the completion of said works, and until the said board of irrigation commissioners shall be satisfied that said contractor has fully complied with his contract.
History:
L. 1891, ch. 133, art. 7, § 17; May 20; R.S. 1923, 42-373.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-374 Board of irrigation commissioners; rules and regulations; rates for water; use of funds from sales.

42-374.
Board of irrigation commissioners; rules and regulations; rates for water; use of funds from sales.
That when any such irrigation works shall have been built or purchased by any such irrigation district, as hereinbefore provided, the same shall be under the exclusive charge and control of said board of irrigation commissioners; and said board shall make all proper and necessary rules and regulations for the operation of the same and the distribution of the waters therein to those entitled to the use thereof, and shall have the power to dispose of the waters in said ditches to all persons in said irrigation district, and charge therefor such rates as such board may fix from time to time, subject to the provisions of this act respecting the fixing by the board of county commissioners of maximum rates for the use of water; and the money so received for the sale of water shall go into the hands of the treasurer of said irrigation board and shall be used for the purpose of defraying the necessary expenses incurred in the operation of said works and keeping the same in repair, and paying interest on bonds issued and creating a sinking fund for the redemption of the said bonds.
History:
L. 1891, ch. 133, art. 7, § 18; May 20; R.S. 1923, 42-374.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-375 Reports of treasurer of board.

42-375.
Reports of treasurer of board.
It shall be the duty of the treasurer of said irrigation board to make a quarterly report to said board on the first Monday of March, June, September and December of each year, of all moneys received, and an annual report on the first Monday in December of each year of the sale of water from said works and of all moneys expended thereon.
History:
L. 1891, ch. 133, art. 7, § 19; May 20; R.S. 1923, 42-375.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-376 Disbursements.

42-376.
Disbursements.
All moneys coming into the hands of the treasurer of said board shall be paid out only on the order of the president, countersigned by the secretary thereof.
History:
L. 1891, ch. 133, art. 7, § 20; May 20; R.S. 1923, 42-376.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-377 Tax levy by board, when.

42-377.
Tax levy by board, when.
If the quarterly report of said treasurer of said board for June shall disclose to said board of irrigation commissioners that there is not sufficient money in the hands of the treasurer of said board to pay the necessary current expenses, and pay the interest on the bonds of said district, and create a sinking fund for the redemption of the said bonds, then it shall be the duty of said board, and it is hereby authorized and empowered, to levy a tax on all of the real estate dependent upon such works for irrigation in said district to meet the expenditures as in this section specified.
History:
L. 1891, ch. 133, art. 7, § 21; May 20; R.S. 1923, 42-377.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-378 Extension of main ditches into other counties.

42-378.
Extension of main ditches into other counties.
Any irrigation district formed under this act shall have power to extend its main ditches, for the purpose of obtaining a sufficient supply of water, into any adjoining county or counties, and through as many counties as may be necessary in order to secure a sufficient supply of water.
History:
L. 1891, ch. 133, art. 7, § 22; May 20; R.S. 1923, 42-378.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-379 Compensation of board; bonds of officers; delivery of books to successors.

42-379.
Compensation of board; bonds of officers; delivery of books to successors.
The members of said board of irrigation commissioners shall receive, as full compensation for their services under this act, $3 per day for the time actually employed, and not to exceed the sum of $100 each per annum.
The president and secretary of said board shall each enter into bond in the sum of $1,000, with good and sufficient surety to the state of Kansas, for the faithful performance of their duties; and the treasurer shall in like manner enter into bond, in a sum to be fixed by the county commissioners, in double the largest amount of the money of said irrigation district which will probably come into his hands at any time. All said bonds shall be taken and approved by the county clerk of the county in which the irrigation district is located, and shall be filed in the office of said clerk. Said president, secretary and treasurer shall, at the expiration of their respective terms of office, turn over to their respective successors in office all books, papers, moneys, and other property of the district.
History:
L. 1891, ch. 133, art. 7, § 23; May 20; R.S. 1923, 42-379.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-380 Superintendent of district; term; compensation.

42-380.
Superintendent of district; term; compensation.
Said board of irrigation shall have power to appoint for a period not longer than one year, a superintendent of said district, who shall in no event be a member of said board, and who shall receive such reasonable compensation for his services as such board may agree upon, not to exceed $1,000 per annum.
History:
L. 1891, ch. 133, art. 7, § 24; May 20; R.S. 1923, 42-380.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-381 Formation of districts comprising contiguous territory in two or more counties; petition; election.

42-381.
Formation of districts comprising contiguous territory in two or more counties; petition; election.
That an irrigation district, for the creation of which provision is made by K.S.A. 42-357 to 42-380, may comprise contiguous territory located in two or more counties, and when so located or proposed to be located, all acts and proceedings by the board of county commissioners and other county officers, as provided in said article, shall be done and performed by the board of county commissioners and other county officers of the county in which the greater part of the territory of such district is located or proposed to be located.
The petition for the formation of any irrigating district located partly in each of two or more counties, and any petition for the holding of an election to vote bonds of such district, must be signed by not less than three-fifths of the resident landowners of each of the several portions of said district lying in each of the said counties; and in order to authorize the issuance of any bonds of such district, three-fifths of the votes cast at such election in each of the several portions of said district lying in each of said counties must be in favor of issuing such bonds.
History:
L. 1901, ch. 234, § 1; May 1; R.S. 1923, 42-381.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-382 Same; procedure.

42-382.
Same; procedure.
That all petitions, reports, election returns, bonds, moneys and other matters that are directed to be presented, returned, paid to or deposited with the board of county commissioners or other county officers by the inhabitants, landowners, the board of irrigation commissioners or other officers of an irrigation district by the provisions of K.S.A. 42-357 to 42-380, shall, when such district is located or proposed to be located in two or more counties, be presented, returned, paid to or deposited with the board of county commissioners or other county officers of the county in which the greater part of the territory of such district is located or proposed to be located.
History:
L. 1901, ch. 234, § 2; May 1; R.S. 1923, 42-382.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-383 Same; outline map to be attached to petition.

42-383.
Same; outline map to be attached to petition.
That when the territory comprised in any proposed irrigation district shall be under irrigation at the time the petition for the formation of such district is presented in accordance with K.S.A. 42-358, then it shall be necessary to attach to said petition an outline map or plat showing only the tracts of territory to be included in such district, without any probable cost of building ditches and laterals.
History:
L. 1901, ch. 234, § 3; May 1; R.S. 1923, 42-383.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-384 Same; bond election may be held at same time.

42-384.
Same; bond election may be held at same time.
That when an irrigation district shall desire to issue bonds for the purpose of purchasing any ditches and laterals already erected, then the election to vote upon the proposition to issue such bonds, and the election to vote upon the proposition to purchase certain irrigation works, both of which elections are provided for by K.S.A. 42-357 to 42-380, may be held at the same time.
History:
L. 1901, ch. 234, § 4; May 1; R.S. 1923, 42-384.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-385 Registration of bonds of district composed of territory in two or more counties.

42-385.
Registration of bonds of district composed of territory in two or more counties.
That when bonds shall be issued by an irrigation district comprising territory in two or more counties, then such bonds shall be so registered by the county clerk of each of the counties in which said district is located.
History:
L. 1901, ch. 234, § 5; May 1; R.S. 1923, 42-385.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-386 Name of district comprising territory in two or more counties.

42-386.
Name of district comprising territory in two or more counties.
That when an irrigation district comprises territory in two or more counties, then the name of each county shall appear in the designation of each district.
History:
L. 1901, ch. 234, § 6; May 1; R.S. 1923, 42-386.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-387 Certification of plat and order creating district.

42-387.
Certification of plat and order creating district.
That when an irrigation district comprises territory in two or more counties, then the county clerk of the county in which the greater part of the territory of said district is located shall certify to the county clerk of any other county in which a part of said district is located a copy of the plat of said district and a copy of the order of the board of county commissioners creating the same.
History:
L. 1901, ch. 234, § 7; May 1; R.S. 1923, 42-387.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-388 Laws applicable.

42-388.
Laws applicable.
All the provisions of chapter 133 of the Session Laws of 1891, and of any amendments thereof, relating to irrigation districts, are hereby made applicable to all irrigation districts created under the provisions of this act, subject to the restrictions hereinbefore set forth.
History: L. 1901, ch. 234, § 8; May 1; R.S. 1923, 42-388.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-388a Powers of districts organized under K.S.A. 42-357 et seq.

42-388a.
Powers of districts organized under K.S.A. 42-357 et seq.
An irrigation district organized and existing under K.S.A. 42-357, 42-358, 42-359, 42-363, 42-364, 42-365, 42-366, 42-367, 42-368 and 42-369 to 42-388, inclusive, of the Kansas Statutes Annotated, and any amendments thereto, and to which sections this act is supplemental, may borrow money and issue bonds therefor for the purpose of constructing, maintaining and operating dams, reservoirs, sluices, ditches and canals, to divert, convey, store and deliver water to be used by any persons for the purpose of irrigating land in such district. Any such district is authorized to construct, maintain and operate such works for the purpose of conveying, storing and delivering water, the works to be either upon or away from a running stream of water, or both, but subject to the prior rights of all persons to the use of the water and rights of all persons to the land.
History:
L. 1933, ch. 205, § 1; March 22.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-388b Irrigation districts organized under K.S.A. 42-357 et seq.; borrowing; bonds.

42-388b.
Irrigation districts organized under K.S.A. 42-357 et seq.; borrowing; bonds.
For the purpose of constructing such works the district shall have the power to borrow money and issue bonds therefor, which shall be tax-exempt. Such bonds may be self-liquidating out of the revenue to be derived by the district for its services and facilities, or may be paid by means of taxes, or by both such revenue and taxes, and shall be issued to mature in installments of approximately equal amounts each year, and shall bear interest at not more than the maximum rate of interest prescribed by K.S.A. 10-1009, payable semi-annually. Except as otherwise herein provided, the statutes mentioned in K.S.A. 42-388a shall apply to such bonds.
History:
L. 1933, ch. 205, § 2; L. 1970, ch. 64, § 74; March 21.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-388c Same; sale of bonds.

42-388c.
Same; sale of bonds.
When such bonds shall have been duly signed and countersigned, and registered, the same shall be deposited with the treasurer of such district, and by the board of commissioners of the district negotiated and sold for not less than par value; and the proceeds arising from the sale of said bonds shall be deposited with the treasurer of such district and shall be devoted to the construction of the works for which said bonds shall be issued. The provisions of K.S.A. 42-370 shall not apply to the bonds issued under this act, or the receipts therefrom.
History:
L. 1933, ch. 205, § 3; March 22.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-388d Irrigation districts organized under K.S.A. 42-357 et seq.; accounts; audits; treasurer's bond; custodian of funds.

42-388d.
Irrigation districts organized under K.S.A. 42-357 et seq.; accounts; audits; treasurer's bond; custodian of funds.
Any district issuing bonds under the provisions of this act shall maintain a proper system of accounts, showing the receipts and disbursements pertaining to such bonds, the amount of revenue received by the district and the application of the same, and shall, at least once a year, cause such accounts to be properly audited by a competent auditor, and the report of such audit shall be open for inspection at all proper times to any taxpayer in the district, any user of water delivered by such district, any holder of such bonds, or any coupons appertaining thereto and any one acting on behalf of any of such persons.
The treasurer of the district shall be the custodian of the funds of the district and shall give proper bond for the faithful discharge of the duties of such custodian. Such bond shall be fixed and approved by the board of commissioners of the district, and the treasurer shall keep proper accounts of its receipts and disbursements and of its funds on hand.
History:
L. 1933, ch. 205, § 4; L. 1983, ch. 49, § 80; May 12.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-388e Same; mortgage liens; pledge of revenue; depreciation fund; rates.

42-388e.
Same; mortgage liens; pledge of revenue; depreciation fund; rates.
A statutory mortgage lien shall exist upon the property owned by the district, including said works, to secure the payment of said bonds and interest thereupon. The revenue derived from the rates charged by the district for the services performed and facilities furnished by it shall be pledged to secure the payment of such bonds and interest thereon, less a proper amount which shall be set aside to pay the expenses of operation and maintenance of said district and its works, and to provide an adequate depreciation fund. Such rates shall be sufficient to provide for such purposes.
History:
L. 1933, ch. 205, § 5; March 22.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-388f Same; suits by bondholders; receivers; duties.

42-388f.
Same; suits by bondholders; receivers; duties.
Any holder or holders of 1/5 of the amount of such outstanding bonds, or any coupons of such 1/5, if there is a default in the payment thereof, by an appropriate suit in court, may enforce the statutory mortgage lien and compel the performance of the duties of the board of commissioners and any other officers of such district, and any court having jurisdiction of such a suit may appoint a receiver to administer the property, including the works owned by the district, with power to charge and collect rates for the services and facilities furnished by the district adequate for all such purposes.
History:
L. 1933, ch. 205, § 6; L. 1983, ch. 49, § 81; May 12.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-388g Same; eminent domain.

42-388g.
Same; eminent domain.
Such district shall have the right to condemn, for its uses, any land or other property, according to the procedure provided by K.S.A. 26-501 to 26-516, inclusive.
History:
L. 1933, ch. 205, § 7; L. 1963, ch. 234, § 77; January 1, 1964.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-388h Same; invalidity of part.

42-388h.
Same; invalidity of part.
If for any reason any part of this act shall be held void, such holding shall not invalidate any other portion of this act.
History:
L. 1933, ch. 205, § 8; March 22.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-389 Discrimination in rates unlawful; recovery of illegal payments; costs and attorney fees.

42-389.
Discrimination in rates unlawful; recovery of illegal payments; costs and attorney fees.
It shall not be lawful for any person, association or corporation owning or controlling or claiming to own or control, any ditch, canal or reservoir carrying or storing or designed for the carrying or storing of water taken from any natural stream, or other source of supply within this state, to be carried or stored and delivered for compensation, for irrigation, milling, sanitary or domestic purposes, to persons not interested in such ownership or control, to demand, bargain for, accept or receive from any person who may apply for water for any of the aforesaid purposes, any money or other valuable thing whatsoever, or any promise or agreement therefor, directly or indirectly, as royalty, bonus, or premium, prerequisite or condition precedent to the right or privilege of applying or bargaining for or procuring such water; but such water shall be carried or stored and delivered according to the right of the person entitled to the enjoyment thereof, upon the payment or tender of the charges fixed by the county commissioners of the proper county, as is or may be provided by law.
Any and all moneys and every valuable thing or consideration of whatsoever kind which shall be so as aforesaid demanded, charged, bargained for, accepted, received or retained contrary to the provisions of this section, shall be deemed and held an additional and corrupt rate, charge or consideration for the water intended to be furnished and delivered therefor, or because thereof, and wholly extortionate and illegal, and when paid, or delivered, or surrendered, may be recovered back by the party or parties paying, delivering or surrendering the same, from the party to whom or for whose use the same shall have been paid, delivered, or surrendered, together with all costs of suit, including reasonable fees of attorneys of plaintiff, by proper action in any court having jurisdiction.
History:
L. 1891, ch. 133, art. 8, § 1; May 20; R.S. 1923, 42-389.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-390 Same; penalty for excessive charges.

42-390.
Same; penalty for excessive charges.
Every person, association or corporation owning or controlling, or claiming to own or control any ditch, canal or reservoir as is mentioned in K.S.A. 42-389 or any officer or agent of such association or corporation, who shall, after demand in writing made upon him for the supply or delivery of water for irrigation, manufacturing, milling or domestic purposes, to be delivered from the ditch, canal or reservoir owned, possessed, or controlled by him, and after tender of the lawful rates of compensation therefor in lawful money, demand, require, bargain for, accept or retain from the party making such application any money or other thing of value, or any promise or contract or any valuable consideration whatever, as such royalty, bonus, premium, prerequisite or condition precedent, as is by the provisions of the preceding section prohibited, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not less than one hundred dollars nor more than five thousand dollars, or imprisonment for a term of not less than three months nor more than one year, or both such fine and imprisonment, in the discretion of the court.
History:
L. 1891, ch. 133, art. 8, § 2; May 20; R.S. 1923, 42-390.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-391 Refusal to furnish water upon tender of charges; penalty; rights of parties owning ditch or other works.

42-391.
Refusal to furnish water upon tender of charges; penalty; rights of parties owning ditch or other works.
Every person, association or corporation owning or controlling, or claiming to own or control any ditch, canal or reservoir such as is mentioned in K.S.A. 42-389, any officer or agent of such association or corporation, who shall, after demand in writing made upon him for the carriage or delivery of water for irrigation, milling, sanitary or domestic purposes to be carried in or delivered from the ditch, canal or reservoir owned, possessed or controlled by him, and after tender of the lawful rate of compensation therefor in lawful money, refuse to furnish and deliver from such ditch, canal or reservoir any water so applied for, or carry therein any water the carriage whereof is so applied for, which water can or may be, by use of reasonable diligence in that behalf and within the carrying or storage capacity of such ditch, canal or reservoir, lawfully carried, furnished and delivered without infringement of prior rights, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred dollars nor more than five thousand dollars, or imprisonment for a term of not less than three months nor more than one year, or both such fine and imprisonment, in the discretion of the court: Provided, however, That when any person, association or corporation has heretofore constructed or shall hereafter construct any ditch, canal, conduit, reservoir or other works for the carrying or storage of waters in part for the irrigation of land belonging to such person or corporation, or for the enjoyment of such waters in part by such person or corporation for any other purpose whatsoever, and in part for the use of other persons or corporations, nothing herein contained shall be so construed as to require such person or corporation to yield up or deliver to others, or to suffer to be used by others, the water by him or it devoted to beneficial uses.
History:
L. 1891, ch. 133, art. 8, § 3; May 20; R.S. 1923, 42-391.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-392 Superintendent of ditch or works; service of process upon; certification of name to district court; vacancies.

42-392.
Superintendent of ditch or works; service of process upon; certification of name to district court; vacancies.
The proprietors of every ditch, conduit, reservoir or other works for the diversion, carrying or storage of water for irrigation, now in existence, shall within thirty days after the approval of this act, and the proprietors of every such works hereafter formed shall, immediately upon the commencement of the construction of such works, cause to be chosen a superintendent of such ditch, conduit or other works, upon whom may be served processes in actions wherein may be brought in question the right of such ditch, conduit, reservoir or other works to the waters appropriated, carried or stored by means thereof, and all notices required by this act to be served upon the proprietors of such works in any proceedings for the adjudication of the rights and priorities to the use of water among the several appropriators, and all notices touching the administration of such works.
They shall forthwith cause the name and address of such superintendent to be certified in writing to the clerk of the district court in and for each county in which such works or any part thereof shall be situated. In case of the death, resignation or removal of any such superintendent from his office, the proprietors of every such works shall forthwith choose some other person in his stead, and certify his name and address in like manner as herein above provided.
History:
L. 1891, ch. 133, art. 8, § 4; May 20; R.S. 1923, 42-392.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-393 Penalty for failure of superintendent to deliver water.

42-393.
Penalty for failure of superintendent to deliver water.
Any superintendent having charge of any ditch, canal, conduit or reservoir who shall willfully neglect or refuse to deliver water as in this act provided to any person entitled thereto, shall on conviction thereof be fined not less than ten dollars or more than one hundred dollars, or be imprisoned in the county jail for not less than one month, or punished by both such fine and imprisonment; and the proprietors of such works shall moreover be liable in damages to the person or persons deprived of the use of water to which he or they were entitled, as in this act provided.
History:
L. 1891, ch. 133, art. 8, § 5; May 20; R.S. 1923, 42-393.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-394 Waste of water; penalty.

42-394.
Waste of water; penalty.
That it shall be unlawful for any person entitled to the use of waters under this act for irrigation purposes, to use the same in excessive quantities or to suffer the same to run to waste. And if any person using the waters of any natural stream or other source of supply shall, by reason of his omission to maintain and keep the banks or other appurtenances of the works whereby the same are diverted, conveyed, or stored, in proper repair, or by other negligence knowingly suffers such waters to run to waste, or willfully and wastefully uses water in greater quantity than necessary for his purposes, such person shall be liable to a fine of not less than five dollars and not exceeding three hundred dollars, in the discretion of the court wherein conviction shall be had.
And it shall be unlawful for any water bailiff, ditch rider, or superintendent, or other person in charge or control of the operation of head gates or water gates to laterals or ditches supplying water from any irrigating canal to consumers and users of water, to furnish water to any consumer or user whose laterals are not in proper repair to receive and distribute said water without waste, and any water bailiff, ditch rider, superintendent, or other person so in charge or control of the operation of head gates or water gates as aforesaid, who shall furnish water to any consumer or user whose laterals are not in proper repair to receive and distribute said water without waste, shall be guilty of a misdemeanor and punished by a fine of not less than five dollars nor more than fifty dollars for each and every offense.
And every water bailiff, ditch rider, superintendent, or other person under whose charge or control shall be the operation and management of the water gates or boxes supplying consumers with water, shall have the right to go over and upon the lands of water users for the purpose of determining whether their laterals, ditches, and conduits are clean and in repair and in proper condition to receive and distribute the water in an economic manner.
History:
L. 1891, ch. 133, art. 8, § 6; L. 1917, ch. 219, § 1; May 26; R.S. 1923, 42-394.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-395 Unlawful acts affecting works; penalty.

42-395.
Unlawful acts affecting works; penalty.
It shall be unlawful for any person or persons, without the consent of the superintendent, ditch rider, or other authorized person in charge, to knowingly and willfully raise the head gate of any canal, ditch, conduit or reservoir for the diversion, conveyance, retention or storage of water for domestic, agricultural or other industrial uses whatsoever; or to knowingly and willfully raise the gate of outlet or sublateral whereby said person is himself supplied with water; or to knowingly or willfully close or lower the gate whereby any other person or persons shall be supplied with water from any ditch, canal, conduit, reservoir, lateral, or sublateral; or to by any way or means whatsoever willfully and knowingly prevent any other person or persons from receiving the supply of water to which he or they may be entitled; or to willfully and maliciously cut or break down the head gate of any such ditch, conduit, or reservoir, or the gate of any feeder or lateral thereof; or to willfully cut, excavate, throw down or open the embankment, side or other part of any such work, being the property of another, or in which any other person or persons may be joint owners with the person so offending, or which may be in the possession of any other person or persons, with intent maliciously to injure any person, association, or corporation, or for his, her or their own gain, or with intent to take or cause to run or pour out of such ditch, canal, conduit or lateral, flume feeder or reservoir any water for his or their own use, profit, benefit, or advantage, or for the use, profit, benefit or advantage of any other person or persons not entitled thereto, and to the injury of any other person or persons, association or corporation entitled to the use of such water, or to the injury of the proprietors of such ditch, conduit, reservoir, flume feeder, or lateral, or other person interested therein; or to break or injure or carry away any part or all of any bridge or viaduct, or to oppose or interfere with any officer or ditch rider in the discharge of his duties, or to in any way willfully obstruct the discharge of any such duties—he, she or they so offending shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in any sum not less than fifty dollars nor more than three hundred dollars, and may be imprisoned in the county jail not to exceed ninety days.
History:
L. 1891, ch. 133, art. 8, § 7; L. 1905, ch. 277, § 1; February 28; R.S. 1923, 42-395.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-396 Unlawful acts affecting works; penalty for second offense.

42-396.
Unlawful acts affecting works; penalty for second offense.
Any person so offending, after conviction thereof once had, shall be punished by fine in not less than $20 and not exceeding $1,000, or by imprisonment in the custody of the secretary of corrections for not exceeding one year, in the discretion of the court wherein such conviction shall be had.
History:
L. 1891, ch. 133, art. 8, § 8; R.S. 1923, 42-396; L. 1990, ch. 309, § 30; May 24.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-397 Repeated unlawful diversion as evidence.

42-397.
Repeated unlawful diversion as evidence.
If it shall appear that upon two or more occasions within the same period of thirty days or less, water to the carriage, use or enjoyment whereof any person or corporation was entitled for any purpose, was diverted or flowed without consent of such person or corporation into the works of any other carrier, or to the field, meadow, mill, manufactory or other works, or the habitation or premises, of any person or corporation not entitled thereto, this shall be deemed and taken as prima facie evidence that any improper diversion thereof afterwards during the same calendar year was caused or procured by the carrier into whose works or the person to whose field, meadow, mill, manufactory, works, habitation or premises such waters were so improperly diverted or flowed.
History:
L. 1891, ch. 133, art. 8, § 9; May 20; R.S. 1923, 42-397.