reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-315 Right of use of water subject to eminent domain.

42-315.
Right of use of water subject to eminent domain.
Every right of use of water under this act shall be subject as to the right of eminent domain, and, as public interest and economy may require, may be condemned and compensated for as any other private right or property.
History:
L. 1891, ch. 133, art. 2, § 6; May 20; R.S. 1923, 42-315.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-316 Right of way and site for works for diverting, storing or conveying water.

42-316.
Right of way and site for works for diverting, storing or conveying water.
All necessary right of way and site for any works for diverting, storing or conveying water to be applied to industrial uses shall be allowed on, over and through any land, and on, over, across and under any ditch, canal, conduit, railroad, street, or highway, by the nearest and most practicable route and method commensurate with the least damage to the property condemned: Provided, That no owner of real estate shall be compelled to grant right of way on, over or through his property for any irrigating canal, ditch, flume or conduit, if there shall be already in operation on, over or across the said property irrigating works sufficient and capable to furnish water to properly irrigate the same land intended to be irrigated by the canal, ditch, flume or conduit for which such condemnation is or shall be sought.
History:
L. 1891, ch. 133, art. 3, § 1; May 20; R.S. 1923, 42-316.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-317 Condemnation of lands for site or way.

42-317.
Condemnation of lands for site or way.
Any person, association or corporation desiring to construct a canal, fountain, ditch, conduit, dam, reservoir or other works for diverting, storing or conveying water to be applied to domestic or industrial uses, or for collecting, cleansing or filtering the same, or to enlarge any such works, or to change the course thereof in any place, or to relocate any part thereof, or to enlarge any part thereof, or to set, place or construct any wheel, pump or other machine or apparatus for raising water from any source so that the same may flow or be conveyed to the place of using the same, and who, being lawfully entitled to construct, maintain or operate such works, shall be unable to agree with the proprietor of any lands necessary to be taken for the site or way of such works or any thereof, touching the compensation and damages which ought to be paid in respect of any lands taken or damaged by the construction and operation of such works, or any such enlargement thereof, either by reason of the refusal of such proprietor or by reason that such proprietor is a minor, or incapacitated person, absent from the state, or cannot be found, shall be entitled to condemn and take for the purpose only such width or quantity of lands, as may suffice for the location and construction of such works or such enlargement thereof, and the subsequent maintaining, cleansing, repairing and improving thereof, as may be necessary from time to time; and may cause the damages and compensation to be paid in that behalf, to be ascertained in the manner prescribed by the laws regulating the exercise of the right of eminent domain, which are or may hereafter be in force, and shall be entitled to all rules, orders and other proceedings whatsoever prescribed by such laws.
History: L. 1891, ch. 133, art. 3, § 2; R.S. 1923, 42-317; L. 1965, ch. 318, § 1; June 30.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-318 Condemnation of land for public mill or manufactory.

42-318.
Condemnation of land for public mill or manufactory.
Where any person or corporation shall have constructed a ditch, conduit or other works for diverting or conveying water, and the fall of such water therein is at any place sufficient to afford power for the operation of machinery, such person or corporation shall be entitled to condemn and take for the erection of a public mill or manufactory at the place of such fall, or convenient thereto for the service of all who shall resort thereto, such amount of land as may be necessary for the location and construction of such mill or manufactory, and the necessary appurtenances thereof; and the proprietor of such mill or manufactory may at any time afterwards, if for the utilization of such power for like public purpose the enlargement of such mill or manufactory or the appurtenances thereof be required, in like manner condemn and take other lands necessary for such enlargement; and lands may be condemned and taken in like manner for the tailrace for turning such waters into such ditch or conduit next below the said mill or manufactory, and for the roads and ways necessary for passing between such mill or manufactory and the nearest convenient highways. Such roads shall, however, be located so far as practicable upon the lines of the public land subdivisions, and in all cases so as not to occasion unnecessary injury or inconvenience to the proprietors of such lands.
History:
L. 1891, ch. 133, art. 3, § 3; May 20; R.S. 1923, 42-318.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-319 Construction of work in city or town.

42-319.
Construction of work in city or town.
Where any ditch, conduit or other works for the diversion or conveyance of water shall be proposed to be constructed through, along or across any street, avenue or alley in any city or town, damages and compensation in that behalf shall be awarded only to the proprietors of lots taken or damaged by the construction or maintenance of such works; but the person constructing such ditch, conduit, or other works, or afterwards maintaining or operating the same, shall be subject to such regulations as the authorities of such town may reasonably prescribe for enclosing the excavation during the period of construction, or otherwise protecting the inhabitants of such town from injury by reason thereof, or for bridging such ditch or conduit at the crossing of streets or alleys publicly used and traveled as such at the time of the construction of such ditch, conduit, or other works.
History:
L. 1891, ch. 133, art. 3, § 4; May 20; R.S. 1923, 42-319.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-320 Abandonment of right-of-way or site.

42-320.
Abandonment of right-of-way or site.
If any person, association or corporation having acquired right of way or site for any canal, ditch, conduit, reservoir or other works for diverting, collecting, conveying, storing or supplying water for industrial uses shall abandon such works, or cease for a period of two years to occupy, utilize and operate the same for the purposes for which such right of way or site was obtained, without due and sufficient cause and reason for such cessation of use, such right of way or site shall cease, and such person, association or corporation shall be deemed to have wholly abandoned the same, and all right, title and interest in and to the lands theretofore so occupied and used shall revert to and vest in the owners at the time of such reversion of the several tracts and parcels of land of which the lands embraced in such right of way or site formerly constituted a part.
History:
L. 1891, ch. 133, art. 3, § 5; May 20; R.S. 1923, 42-320.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-321 Structures for the prevention of floods and waste; liability for damage.

42-321.
Structures for the prevention of floods and waste; liability for damage.
The proprietors of every canal, fountain, ditch, conduit or other works for conveying, collecting, retaining or storing waters shall construct and always maintain in good order and repair the dams, locks and gates, embankments, and all other appurtenances thereof, so that the water conveyed, collected, retained or stored thereby may not flood or damage the premises of others, or any highway, or unnecessarily run to waste, and shall be liable for all damages resulting from their willful or negligent failure to comply with any of the provisions of this act, or from their negligence in the construction, maintenance or operation of any such works.
History:
L. 1891, ch. 133, art. 4, § 1; May 20; R.S. 1923, 42-321.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-322 Duty to maintain and supply water; damage liability for failure; contracts not affected.

42-322.
Duty to maintain and supply water; damage liability for failure; contracts not affected.
The proprietors of any canal, ditch, conduit or other works for collecting, diverting or carrying water to be used in whole or in part for the irrigation of land of others, shall at all times keep such works properly repaired and suitably cleaned, so that the same may conveniently carry the water, to which the consumers of water therefrom are entitled, and shall, at all times, so far as may be reasonably practicable keep therein a flow of water sufficient to supply and discharge the amount to which all of those lawfully entitled to the use of water therefrom may be entitled; and such proprietors shall be liable for all damages occasioned such consumers by their willful or negligent failure to comply with the provisions of this section: Provided, That this act shall not be construed to in any way interfere with or prohibit the making of contracts fixing a different period or time when such water shall be supplied.
History:
L. 1891, ch. 133, art. 4, § 2; L. 1911, ch. 213, § 1; March 6; R.S. 1923, 42-322.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-323 Head gate, rating flume and lock; delivery of key to officer.

42-323.
Head gate, rating flume and lock; delivery of key to officer.
Every person, association or corporation hereafter constructing any canal, ditch, conduit or other works for diverting water from any source wherein any other person, association or corporation shall have a prior right of appropriation of water, shall at the time of the construction thereof construct and place therein a head gate, which shall be placed at or near the head of such works, and so constructed and arranged and so placed with reference to such works that the same may be set to exclude the waters or any part thereof, which are wont to flow therein, at all stages thereof; and every person, association or corporation owning or controlling any such works heretofore constructed, wherein there shall upon the passage of this act be no such head gate, shall construct and place therein such head gate within ninety days after the passage of this act; and such proprietors shall, as may be necessary from time to time, repair, replace, reconstruct and renew such head gates, so that the same shall at all times be efficient for the purposes herein set forth; and every person, association, or corporation owning or controlling such works shall at the time of the construction of said head gate construct and provide, at or near each such head gate, a rating flume, or measuring device for rating or measuring the flow of water in such works, and shall always maintain the same in good condition, and shall put on such head gate a keyed device or lock, which shall be of such strength and so designed, constructed and placed as to permit the locking or fastening of such gate, valve or device at any point at which, as herein provided, the same may be set, and shall, upon demand made by any officer authorized by law to demand and have the same, deliver to such officer the key thereof.
History:
L. 1891, ch. 133, art. 4, § 3; May 20; R.S. 1923, 42-323.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-324 Structures in lieu of head gate; delivery of key.

42-324.
Structures in lieu of head gate; delivery of key.
If the proprietors of any such works shall construct therein next below the head gate or head thereof a waste gate, or other opening, so that the whole of the waters of such works may be discharged therefrom and returned to the source of supply thereof, and shall place therein a gate which may be set and locked in like manner as herein prescribed in respect of the head gate and shall provide and deliver the key thereof in like manner as hereinbefore provided in respect of a head gate, then and in such case, in lieu of closing the head gate of such works, such waste gate, sand-gate or other place of discharge may be opened and locked so as to discharge the whole or any necessary part of the waters diverted by such works and return the same to the source of supply thereof; and such waste gate shall be held to comply with all the requirements herein respecting the providing of a head gate for such works.
History:
L. 1891, ch. 133, art 4, § 4; May 20; R.S. 1923, 42-324.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-325 Waste gate and tailrace where waters cause damage; discharge of water.

42-325.
Waste gate and tailrace where waters cause damage; discharge of water.
Every person, association or corporation owning or controlling any ditch, conduit or other works for the conveyance of waters, the water discharged wherefrom has been wont to or probably may flood or damage any road, highway or public grounds, or the lands of other proprietors, shall construct a waste gate and tailrace for discharging the waters of such ditch, conduit or other works into some other works for the conveyance of water, or into the stream wherefrom the same were diverted, or some other stream, ravine or water course, with as little waste or damage to other proprietors as may be: Provided, That such tailrace shall not be so constructed or placed as to convey water into any other such works, save by the consent of the proprietors thereof; and in every case the appropriator next in priority taking water from the same stream or source of supply, and whose ditch, conduit or other works lie below the place of discharge, shall be entitled to have such waste water: Provided further, That nothing in this section contained shall be so construed, nor shall this section be so administered, as to disturb the priorities among the appropriators, or so as to effect the diversion into the works of one appropriator of water to the use whereof another is entitled.
History:
L. 1891, ch. 133, art. 4, § 5; May 20; R.S. 1923, 42-325.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-326 Procurement of waters through like works of other proprietors.

42-326.
Procurement of waters through like works of other proprietors.
The proprietors of any ditch, conduit, reservoir or other works for the diversion, carriage, retention or storage of waters may procure the waters to which they are entitled, to be carried, stored and distributed from and through like works of any other proprietor upon such terms as may be agreed upon between them without in any manner impairing or affecting their right of priority in respect of such waters: Provided, however, That thereby the waters supplied to any consumer be not diminished.
History:
L. 1891, ch. 133, art. 4, § 6; May 20; R.S. 1923, 42-326.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-327 Outlets and gates for convenient delivery of water; contracts; construction of embankments.

42-327.
Outlets and gates for convenient delivery of water; contracts; construction of embankments.
The proprietors of every canal, reservoir, ditch or conduit or other works for the appropriation, diversion, storage or carrying of water for beneficial uses shall construct and maintain necessary outlets and gates for the convenient delivery of water to the persons entitled to the use of water from such works: Provided, That where two or more of the persons entitled to the use of water from such works can be conveniently supplied from one outlet, a second or other outlet shall not be required; and a multiplicity of outlets in any ditch or conduit shall at all times be avoided so far as practicable. The location of such outlet shall be under the control of the manager or superintendent of such ditch, conduit, or reservoir, and the same shall be located at the places most convenient and practicable, having reference to the protection and safety of the works and the convenient distribution of water therefrom among those entitled to the use thereof: And provided further, That nothing herein contained shall be construed to prohibit the proprietors of any such works from agreeing with those entitled to the use of such waters, to construct or maintain such outlets and the gates thereof. Every such gate shall be constructed with embankments of height and strength sufficient to control and exclude the water at all stages, and shall be so constructed and arranged that the gate may be set and locked at any place, so as to exclude any part of such waters.
History:
L. 1891, ch. 133, art. 4, § 7; May 20; R.S. 1923, 42-327.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-328 Superintendent; duties; salary.

42-328.
Superintendent; duties; salary.
It shall be the duty of the superintendent of every such ditch, conduit or reservoir to measure the water therefrom through the outlets to those entitled thereto, and in time of scarcity to apportion the waters flowing in such ditch or conduit, or collected in such reservoir, among those entitled thereto, ratably, and according to the amounts to which they are severally entitled. Where any such ditch, conduit or reservoir hath, subsequent to the original construction, been enlarged, the water diverted, collected, conveyed or stored by means of such enlargement shall be distributed and apportioned in like manner. The several consumers of water under any lateral may at any time, by a vote of a majority thereof, appoint a superintendent to such lateral, who shall be charged with the distribution of the water allotted thereto by the superintendent of the ditch, among those entitled to the use of water from such lateral. A meeting may at any time be called by not less than two of the consumers under such lateral, by notice in writing, specifying the time, place and purpose thereof, for electing such superintendent, or removing him and appointing another. Such superintendent shall hold his office during the pleasure of the consumers of water from such lateral, or a majority of them, and shall receive only such salary or compensation as they may appoint.
History:
L. 1891, ch. 133, art. 4, § 8; May 20; R.S. 1923, 42-328.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-329 Distribution of water at source of supply among proprietors of works.

42-329.
Distribution of water at source of supply among proprietors of works.
The waters of the several streams and sources of supply shall be distributed among the several canals, ditches, conduits and other works so that the proprietors of each of said works, and those entitled to water therefrom, shall, as nearly as may be, and to the extent of their needs, at all times receive and enjoy the waters to which they are severally entitled; and whenever it shall appear that there is flowing into any such works, water to which the proprietor of any other such works having a prior right is entitled, and that such other works having priority of right is not receiving the water necessary for the consumers of water therefrom, and which ought to flow to the same, the head gate of such works having the excess, and being subsequent in right, shall be closed or partly closed, so that a sufficient amount of water of such stream or source of supply may pass and flow to the said works having the priority of right, to the amount to which the same shall be entitled; and if the proprietors of any such works having such excess and being subsequent in right shall fail or refuse to turn out such supply of water when requested by the party entitled to receive the same so to do, the head gate or waste gate of the works receiving such excess shall be so set and locked by the officer authorized by law to perform such duty as to permit a sufficient amount of said water to pass and flow to the party having the right to receive the same.
History:
L. 1891, ch. 133, art. 4, § 9; May 20; R.S. 1923, 42-329.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-330 Record of boring of artesian well; contents; record and statement to be filed with register of deeds.

42-330.
Record of boring of artesian well; contents; record and statement to be filed with register of deeds.
Any person sinking or boring for an artesian well shall cause to be kept thereat a record of the work, setting forth the name and post-office address of the proprietor of such well, or of the person causing such well to be sunk or bored, the name of the contractor therefor, and the name of the person actually in charge of the work; the particular location thereof, specifying the particular forty acres and the part thereof whereon the same is situated; if in any city or town, the particular lot or block or other subdivision upon which or nearest to which the same is situate; the date of commencement of work in sinking or boring such well (which may be the commencement of the work of placing machinery therefor); all suspensions of the work and the duration and cause of such suspension; the time of completion of the work or final cessation thereof; the different strata passed through, and the depth at which each thereof shall be reached and passed as near as may be, showing also each flow of water obtained, and each vein of water or water-bearing strata passed through, and the depth thereof, from the surface, numbering each flow or vein of water consecutively from the surface, and the height to which or the distance from the surface the water rises in such well after penetrating each separate flow or vein of water; and at the completion of the well, or at the cessation of work thereon, he shall, without first closing or shutting off the flow therefrom, cause to be ascertained the flow thereof, if a flowing well, in cubic feet per second or decimal fractions thereof; and within a period of thirty days next after completion of such well, or the cessation of work thereon, the proprietor thereof shall make or cause to be made and file in the office of the register of deeds of the county wherein the said well is situate, a statement or certificate, verified by his affidavit or the affidavit of the person in charge of the work, setting forth all the matters aforesaid, the particular vein or flow of water claimed to be appropriated by means of said well, and the total amount of water so claimed to be appropriated in cubic feet per second or decimal fractions thereof, if such well be a flowing well (otherwise the distance from the surface at which the water customarily stands), what part or parts of such well is or are cased, and the interior diameter or diameters of such casing or casings.
History:
L. 1891, ch. 133, art. 4, § 10; May 20; R.S. 1923, 42-330.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-331 Statements by prior proprietors of wells.

42-331.
Statements by prior proprietors of wells.
Every person who is the proprietor of or entitled to the waters of any artesian well heretofore sunk or bored shall, within ninety days after this act takes effect, make and cause to be filed in said office a like statement, setting forth all the foregoing matters so far as within his knowledge, and according to the best of his knowledge, information and belief.
History:
L. 1891, ch. 133, art. 4, § 11; May 20; R.S. 1923, 42-331.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-332 Record of boring of artesian well; filing in other counties.

42-332.
Record of boring of artesian well; filing in other counties.
Any person owning or controlling any artesian well may record such certificate (provided for in K.S.A. 42-330 and 42-331) in any county or counties in addition to the county wherein such well is situated; and such record shall be to all parties boring or sinking any artesian well in any such county, notice of the priority of the appropriation of water claimed by the party recording such certificate, and the prior right of such appropriation may be enforced as against any and all parties in such county or counties having acquired or seeking to acquire any subsequent right of appropriation of such waters.
History:
L. 1891, ch. 133, art. 4, § 12; May 20; R.S. 1923, 42-332.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-339 Dam or embankment as part of highway; township aid; repairs and guardrails.

42-339.
Dam or embankment as part of highway; township aid; repairs and guardrails.
Whenever any such earthen dam or embankment shall be so placed and situated as that it may be made a part of some public roadway, and afford to public travel a means of crossing the valley, ravine or draw wherein such dam may be located, the township wherein the same is situate may aid in the construction and maintenance thereof, and shall have the right to constitute such dam or embankment a public highway, and to lay out and construct approaches thereto: Provided, That in every such case the authorities having charge of such highway shall keep that part used for the benefit and convenience of public travel in thorough repair at all times, so that such embankment shall be in nowise injured by such use, and shall properly and safely bridge the waste-way to such dam or embankment belonging, and provide such railings or other safeguards as may be necessary for the protection and safety of public travel.
History:
L. 1891, ch. 133, art. 4, § 21; May 20; R.S. 1923, 42-339.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-340 Agreements as to distribution of water from works.

42-340.
Agreements as to distribution of water from works.
The several persons entitled to the use of water diverted, carried, collected or stored by means of any canal, ditch, conduit, reservoir or other works, or the waters lawfully allotted to or carried by any lateral, sublateral or distributing conduit of any canal, ditch, conduit or other works supplying water to two or more customers, may in writing agree among themselves that the waters of such works may and shall be rotated, distributed and delivered upon particular days or parts of days to particular customers, and on other days to other customers, as may be in such agreement specified; and any such agreement may provide for such rotation during any one season or part of season; and at the expiration of the time therein mentioned the rights of all the parties shall be the same as previous to the making of such agreement.
History:
L. 1891, ch. 133, art. 4, § 22; May 20; R.S. 1923, 42-340.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-341 Agreements as to rotation of water among consumers.

42-341.
Agreements as to rotation of water among consumers.
Any number of the consumers of water from any canal, ditch, conduit or reservoir, or any lateral or distributing conduit, receiving water from any such works, may in writing agree among themselves for the rotation of the water to which they are severally entitled, and the delivery thereof upon particular days to particular consumers during such seasons, season or part of season, as in such agreement may be specified: Provided, That the rotation of the water to which the several consumers, parties to such agreement, may be entitled, shall not be conducted in such manner as to diminish the supply of water to which any other consumer under such canal, ditch, conduit or lateral may be entitled.
History:
L. 1891, ch. 133, art. 4, § 23; May 20; R.S. 1923, 42-341.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-342 Agreements between proprietors of two or more works as to rotation of water.

42-342.
Agreements between proprietors of two or more works as to rotation of water.
The proprietors of two or more canals, ditches, reservoirs, or other works, taking water from the same source of supply, may, by a consent in writing of those entitled to the use of the water therefrom, agree in like manner for the rotation of the whole or any part of the water lawfully allotted from such stream or source of supply to such ditches, conduit, or other works, in such way and manner and for such time as may be in such agreement specified: Provided, however, That the rotation of the water to which the several consumers, parties to such agreement, are entitled shall not be conducted in such manner as to diminish the supply of water to which any consumer of water from any other ditch, conduit or other works may be entitled.
History:
L. 1891, ch. 133, art. 4, § 24; May 20; R.S. 1923, 42-342.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-343 Filing copy of agreement for rotation of water with superintendent; water to be distributed according to such agreement.

42-343.
Filing copy of agreement for rotation of water with superintendent; water to be distributed according to such agreement.
Whenever any agreement shall be entered for the rotation of the water of any ditch, conduit, reservoirs or other works, or any lateral of such ditch or conduit, or any part of such water, among those entitled to the use of such water, such agreement, or one part or copy thereof, shall be delivered to the superintendent of the ditch, conduit, reservoir, or lateral, and be by him carefully preserved, and he shall cause the water to which the parties thereto may be entitled to be rotated and distributed conformably to the said agreement, during the time mentioned therein for the continuance in force of such agreement.
History:
L. 1891, ch. 133, art. 4, § 25; May 20; R.S. 1923, 42-343.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-344 Agreements between proprietors injurious to other proprietors.

42-344.
Agreements between proprietors injurious to other proprietors.
No agreement entered into between the proprietors of any two or more canals, ditches, conduits, reservoirs or other works for the rotation of the water thereof in manner as hereinbefore provided shall be permitted to go into effect if it shall be manifestly injurious to the proprietors of other canals or other works, or the consumers of water therefrom; and if after experiment the execution of such agreement be found injurious to other persons, the further rotation of the waters pursuant to such agreement must be discontinued.
History:
L. 1891, ch. 133, art. 4, § 26; May 20; R.S. 1923, 42-344.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-345 Certain agreements between proprietors not allowed; proceedings to annul.

42-345.
Certain agreements between proprietors not allowed; proceedings to annul.
The proprietors of any canal or other works not party to such agreement, or any consumer of water therefrom, shall be entitled to make application to the judge of the district court in and for the county wherein said applicant shall reside, asking that such agreement be annulled. Reasonable notice of every such application shall be given to the proprietors of the canals and other works, parties to such agreement, and the judge of the district court may require like notice to be given to all others in interest, by application, as may by him or her be prescribed.
The proprietors of any such canal or other works, or any consumer of water, or person entitled to the use of water from any such works, shall be heard, and the judge of the district court shall make such order in the premises as right and justice may require. During the pendency of any such application the waters allotted to the canals, ditches, or other works, the proprietors whereof are parties to such agreement, shall be distributed and rotated conformably to such agreement.
History:
L. 1891, ch. 133, art. 4, § 27; R.S. 1923, 42-345; L. 1976, ch. 145, § 196; January 10, 1977.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-346 Agreement for rotation of water not to affect prior rights.

42-346.
Agreement for rotation of water not to affect prior rights.
No agreement for the rotation of water shall in any manner impair or affect the rights of any prior encumbrancer of lands theretofore customarily irrigated by any part of the waters mentioned in such agreement, he not being a party to such agreement; nor shall such agreement, or the rotation of the waters pursuant thereto, in any manner affect or impair the rights or the priority of right of the parties thereto, or the persons using or entitled to use the waters referred to in such agreement, or any of them, as against other persons.
History:
L. 1891, ch. 133, art. 4, § 28; May 20; R.S. 1923, 42-346.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-347 Agreements for more than one season to be recorded.

42-347.
Agreements for more than one season to be recorded.
Whenever any such agreement for the rotation of water, either between or among several ditches, conduits, reservoirs or other works, or among those entitled to the use of the waters of any ditch, conduit, reservoir or other works, or any lateral therefrom, or any part of such water, shall be for a space exceeding one season, the same shall be recorded in the office of the register of deeds of the county wherein is situate the head gate of such ditch or conduit, or wherein is situate such reservoir or the head of the lateral.
History:
L. 1891, ch. 133, art. 4, § 29; May 20; R.S. 1923, 42-347.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-348 Gates or barways in fences; liability for failure to close.

42-348.
Gates or barways in fences; liability for failure to close.
The proprietor of any fence which crosses or abuts upon any stream from which waters are drawn for irrigation or other purposes, or which abuts upon or wholly or in part encloses any reservoir for the collection, retention or storage of water, shall cause to be placed in every such fence, in some convenient place, a gate or barway, and shall always maintain the same; and such proprietor and proprietors of land shall always permit the proprietors of any such works, and their assistants, and all public officers concerned therewith, to pass thereat and along the bank of such stream or to such reservoir, over said premises, by some reasonably direct and convenient way, for any lawful purposes connected with the management of such works and the discharge of their official duties. Every such person shall forthwith, upon passing through any such gate or barway, carefully close such gate or barway, and shall be responsible to the proprietors of such lands for any damage occasioned by his default in that behalf.
History:
L. 1891, ch. 133, art. 4, § 30; May 20; R.S. 1923, 42-348.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-349 Bridges and viaducts; when maintained by county or township.

42-349.
Bridges and viaducts; when maintained by county or township.
It shall be the duty of the proprietors or owners of any canal, ditch or other conduit constructed for the conveyance of water used principally for irrigation purposes to provide and construct all necessary bridges and viaducts for the use of the public in crossing the same. Every such bridge or viaduct shall be so constructed as to be safe and adequate for the purpose for which constructed, and the construction thereof shall in all cases be completed by the time when water shall be caused or permitted to flow in such canal, ditch or other conduit at the place where any such bridge or viaduct shall be required.
All such bridges and viaducts, when constructed, shall be and become a part of the public highway, and shall be maintained and kept in repair by the authorities having charge of such highways: Provided, That when such bridge or viaduct is located on a township road and the county engineer's estimated cost is more than $600, said bridge or viaduct shall be maintained by the board of county commissioners, and when the county engineer's estimated cost of such bridge or viaduct is $600 or less, it shall be maintained by the board of township highway commissioners: Provided further, That when any canal, ditch or other conduit constructed for the conveyance of water used primarily for drainage purposes, and belonging to a regularly established drainage district, shall cross a public highway, thereby necessitating the construction or maintenance of any bridge or viaduct, such bridge or viaduct shall be constructed and maintained by the board of county commissioners when located on a county road or when located on a township road and the county engineer's estimated cost is more than $300; it shall be constructed and maintained by the township board of highway commissioners when located on a township road and the county engineer's estimated cost is less than $300.
History:
L. 1891, ch. 133, art. 4, § 31; L. 1921, ch. 87, § 1; May 25; R.S. 1923, 42-349.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-350 Same; restoration of highway.

42-350.
Same; restoration of highway.
It shall be the duty of any person, firm or corporation who are the owners and proprietors of any canal, ditch or other conduit constructed for the conveyance of water, or other opening through or across a public highway or street, which are used principally for power purposes, to restore such highway to passable condition, and to build, rebuild, maintain and keep in repair at such proprietor's or owner's expense, a good and sufficient bridge or viaduct over and across the same, of the size and kind required by law of the highway authorities in charge of such highway or bridge. If such bridge be located within the corporate limits of a city of the first, second or third class it shall be built, rebuilt, constructed and repaired under the supervision of the city council or board of commissioners of said city, and when required to be rebuilt shall be built according to plans and specifications prepared under their supervision.
If located upon a county road or on a township road if the county engineer's estimated cost exceeds $600, such building or rebuilding shall be according to plans and specifications approved by the board of county commissioners and the county engineer. If located upon a township road, and the county engineer's estimated cost does not exceed $600, then such bridge shall be built, rebuilt, maintained and repaired according to plans and specifications approved by the township board of highway commissioners, and by the county engineer.
History:
L. 1921, ch. 87, § 2; May 25; R.S. 1923, 42-350.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-351 Same; existing structures across roads; repair and maintenance; tax levy upon failure.

42-351.
Same; existing structures across roads; repair and maintenance; tax levy upon failure.
The provisions of this act shall apply to canals, ditches, conduits and other openings through the public highways of the state, which are already built over and across the same, whether built and maintained by the public authorities or the owner and proprietors of such ditches, canals, conduits and other openings. And when it shall become necessary to build, rebuild, repair or maintain bridges and viaducts already existing over canals, ditches, conduits and other openings through a public highway as set out in K.S.A. 42-350, such duty shall devolve upon the owner and proprietor thereof without regard to who has performed such duty heretofore: Provided, That in case said bridges or viaducts become in a dangerous condition for travel and the owner or proprietor of said canal, ditch or conduit shall fail or refuse to repair or reconstruct said bridge or viaduct the highway officials having jurisdiction over said bridge or viaduct may repair or reconstruct the same and certify the cost to the county clerk who shall enter the same against the property of said owner or proprietor on the tax rolls for collection the same as other taxes.
History:
L. 1921, ch. 87, § 3; May 25; R.S. 1923, 42-351.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-352 Bridges by owner of land for own use.

42-352.
Bridges by owner of land for own use.
Every person owning, leasing or controlling any land whereon and over, through or across which shall be located and constructed any canal, ditch, or other such works, shall have the right to construct any necessary bridge or bridges over or across the same on said land for his own use and convenience, and to construct approaches thereto, and to use the same; and the proprietors of such works shall in nowise interfere with such rights, nor unnecessarily remove or obstruct any such bridge or approach thereto, nor willfully or negligently damage the same.
Such proprietors may, when necessary, temporarily remove any such bridge for the purpose of cleansing, repairing or enlarging such works, and shall, upon the completion of such cleansing, repairing or enlargement, forthwith replace such bridge: Provided, That such bridge shall have been so constructed as to admit of its removal and replacement without damage by the exercise of ordinary care: And provided further, That no such bridge shall be so constructed as to break down, injure or weaken any part of such works, nor so as to in anywise obstruct the flow of water therein, or the operation thereof.
History:
L. 1891, ch. 133, art. 4, § 32; May 20; R.S. 1923, 42-352.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-353 Lands saturated with seepage waters.

42-353.
Lands saturated with seepage waters.
The proprietor of any lands which have become saturated by seepage waters flowing out of any ditch, canal, reservoir or conduit shall be entitled to cut and open drains or trenches, or lay pipes or conduits for draining such lands and withdrawing the water therefrom, and conveying the same into any natural stream, arroyo, or watercourse, or may at his election convey such waters to other lands or places whatsoever, and apply the same to domestic, agricultural, manufacturing or other purposes in his pleasure.
History:
L. 1891, ch. 133, art. 5, § 1; May 20; R.S. 1923, 42-353.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-354 Same; damages ascertained under laws relating to eminent domain.

42-354.
Same; damages ascertained under laws relating to eminent domain.
In order to cut such drains and trenches, or to lay such pipes and conduits, such proprietors shall be entitled to pass with the same over the intervening lands of others if necessary; and in case of being unable to agree with the proprietors of such intervening lands touching the compensation in that behalf payable, or in case of the nonage or other disability, or absence of such proprietors, or any of them cannot be found, may cause such damages and compensation to be ascertained in the manner prescribed by the laws regulating the exercise of the power of eminent domain.
History:
L. 1891, ch. 133, art. 5, § 2; May 20; R.S. 1923, 42-354.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-355 Appeal to state board, hearings; commission to fix rates for water from irrigation company.

42-355.
Appeal to state board, hearings; commission to fix rates for water from irrigation company.
Whenever the purchasers of water from any irrigation company considers the rate of charges of such company for the use of water to be unreasonable, extortionate, or unjust, such purchasers may appeal such rate of charge to the state corporation commission. If the state corporation commission considers such complaint just, such commission shall proceed to notify the irrigation company and the complainants that 30 days from date of such notice they will, conduct a hearing thereon in accordance with the provisions of the Kansas administrative procedure act at the county seat within the county from which the complaint came. If the state corporation commission shall decide that such rates are extortionate and unjust, the commission shall fix a rate of compensation for the use of water, which rate shall be binding upon the irrigation company for one year from the service of such decision, and until the further order of such commission therein.
History: L. 1891, ch. 133, art. 6, § 1; R.S. 1923, 42-355; L. 1988, ch. 356, § 137; July 1, 1989.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-356 Powers of commission.

42-356.
Powers of commission.
The state corporation commission shall have the same powers in relation to irrigation companies that they have in relation to railroad companies.
History:
L. 1891, ch. 133, art. 6, § 2; May 20; R.S. 1923, 42-356.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-357 Creation of districts.

42-357.
Creation of districts.
The board of county commissioners of any county in the state of Kansas where irrigation is now or may hereafter be used in the aid of agriculture is hereby authorized and empowered to cause to be erected into convenient districts, to be called irrigation districts, such tracts of contiguous territory as may be conveniently irrigated from any given source of supply.
History:
L. 1891, ch. 133, art. 7, § 1; May 20; R.S. 1923, 42-357.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-358 Petition for district; contents.

42-358. Petition for district; contents.
(a) Whenever the landowners within any proposed irrigation district, who shall be residents of the county in which such proposed irrigation district is located, shall desire the erection of such district as provided for in K.S.A. 42-357, and amendments thereto, such landowners shall cause to be presented to the board of county commissioners of such county a petition signed by not less than 3/4 of the landowners within such proposed district who are residents of such county, which petition shall define the boundaries of such irrigation district, and shall ask for the erection of such district. Such petition shall be accompanied by an outlined map or plat showing the tracts of territory to be erected into such district, together with the numbers of sections and parts of the sections of land to compose such irrigation district; and such map or plat shall contain a drawing and profile of the proposed main ditch to the source of supply, and of all other ditches and laterals proposed to be constructed or purchased for the purpose of irrigating said described lands in such proposed district.
(b) Such petition shall be accompanied by an estimate, to be made by the county engineer of such county, of the probable cost of building the main ditch, ditches and laterals and all other works necessary to be built in order to furnish a sufficient supply of water to irrigate the lands in such proposed district; or the costs of reconstruction and repair of such ditches, laterals and other works in case it is proposed to purchase the same; and at any time after the filing of such petition the county commissioners may, on the written application of any 10 of such petitioners, order such county engineer to make the estimates herein provided for, and such county engineer shall receive such reasonable compensation as such board of commissioners shall allow for such work performed.
History:
L. 1891, ch. 133, art. 7, § 2; R.S. 1923, 42-358; L. 1929, ch. 204, § 1; L. 2011, ch. 49, § 17; July 1.