Chapter 24 — DRAINAGE AND LEVEES

24-203. History: L. 1879, ch. 100, § 3; R.S. 1923, 24-203; Repealed, L. 1963, ch. 234, § 103; January 1, 1964. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archiv…

24-204. Duties of township trustee; eminent domain proceedings; assistance of engineer; adjournments. On the day set for the hearing of said petition, if it appear to the trustee that any person or persons who may be interested in said ditch have not been notified as required by …

24-205. Cost of work; assessments. The said township trustee, whenever he shall have established any such ditch, drain, or watercourse, shall divide the same into suitable sections, not less in number than the number of owners of land through which the same may be located, and sh…

24-206. Penalty for obstructing ditch, drain or stream; damages. If any person shall maliciously or willfully fill up or obstruct any ditch, drain, or watercourse, he shall forfeit and pay to the county in which said ditch, drain or watercourse is located the sum of ten dollars (…

24-209. History: L. 1879, ch. 100, § 9; R.S. 1923, 24-209; Repealed, L. 1963, ch. 234, § 103; January 1, 1964. CASE ANNOTATIONS 1. Proceedings on appeal considered; section construed. Bonnewell v. Lowe, 80 Kan. 769, 775, 104 P. 853. Previous | Next LEGISLATIVE COORDINATING COUNCI…

24-212. Sale of work to lowest bidder. It shall be the duty of said trustee, upon the expiration of the time specified by him for the opening of such ditch, drain, or watercourse, and upon being satisfied by inspection and view that any section or sections of the same have not be…

24-213. Certification of sales to county clerk; assessments; payment; time for action to enjoin. Immediately after the sale of any such sections or parts of sections as provided for in K.S.A. 24-212, said trustee shall certify to the county clerk of said county the amount such se…

24-214. History: L. 1879, ch. 100, § 14; R.S. 1923, 24-214; Repealed, L. 1963, ch. 234, § 103; January 1, 1964. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archi…

24-215. Corporation benefited to pay part of expense. That when any ditch, drain or watercourse located and established under this act crosses or drains, either in whole or in part, any public or corporated road, or any railroad, or benefits any or either of said roads, so that t…

24-216. Widening or deepening ditch, drain or watercourse established under K.S.A. 24-201 through 24-215. The township trustee of any township in this state shall have power, whenever in his opinion the same is demanded by or will be conducive to the public health, convenience, o…

24-301. Board of county commissioners to establish ditches, drains or streams. That the board of county commissioners of any county in this state shall have power, whenever in their opinion the same is demanded by or will be conducive to the public health, convenience, or welfare…

24-302. Drainage ditch, drain or watercourse; maintenance and repair; tax levy, use of proceeds. The county commissioners of any county which has or which shall construct a drainage ditch, drain or watercourse within said county are authorized hereby and empowered to levy a tax u…

24-303. Petition to be filed; bond; notice to persons owning lands. That before the county commissioners of any such county shall take any steps toward locating or establishing any ditch, drain, or watercourse, there shall be filed with the county clerk a petition of one or more …

24-304. History: L. 1886, ch. 161, § 3; R.S. 1923, 24-304; Repealed, L. 1963, ch. 234, § 103; January 1, 1964. CASE ANNOTATIONS 1. Time for presenting claim for damages considered; rights of claimant. Brown v. Corrigan, 85 Kan. 33, 36, 116 P. 226. Previous | Next LEGISLATIVE COOR…

24-305. Duties of county commissioners; eminent domain proceedings; assistance of engineer; adjournments. On the day set for the hearing of said petition, if it appear to the board of county commissioners that any person or persons who may be interested in said ditch have not bee…

24-306. Division into sections; performance of work; fees and costs; assessments. The said board of county commissioners, whenever they shall have established any such ditch, drain, or watercourse, shall divide the same into suitable sections, not less in number than the number o…

24-307. Penalty for obstructing ditch, drain or stream; damages. Any person who shall willfully or maliciously fill up or obstruct any such ditch, drain, or watercourse, shall be guilty of a misdemeanor, and upon conviction, shall be fined in a sum not to exceed twenty-five dolla…

24-308. History: L. 1886, ch. 161, § 7; R.S. 1923, 24-308; Repealed, L. 1963, ch. 234, § 103; January 1, 1964. CASE ANNOTATIONS 1. Act not void as delegating legislative functions to judicial tribunal; amount of bond and notice of appeal considered. Shreves v. Gibson, 76 Kan. 709…

24-309. History: L. 1886, ch. 161, § 8; R.S. 1923, 24-309; Repealed, L. 1963, ch. 234, § 103; January 1, 1964. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archiv…

24-310. History: L. 1886, ch. 161, § 9; R.S. 1923, 24-310; Repealed, L. 1963, ch. 234, § 103; January 1, 1964. CASE ANNOTATIONS 1. Section must be liberally construed; jury "commission appointed by court." Shreves v. Gibson, 76 Kan. 709, 715, 716, 92 P. 584. Previous | Next LEGIS…

24-311. History: L. 1886, ch. 161, § 10; R.S. 1923, 24-311; Repealed, L. 1963, ch. 234, § 103; January 1, 1964. CASE ANNOTATIONS 1. Provisions concerning cost only incidental, can be rejected if invalid. Shreves v. Gibson, 76 Kan. 709, 715, 92 P. 584. Previous | Next LEGISLATIVE …

24-312. History: L. 1886, ch. 161, § 11; R.S. 1923, 24-312; Repealed, L. 1963, ch. 234, § 103; January 1, 1964. CASE ANNOTATIONS 1. Section of ditch sold; notice; rights of landowner considered. Brown v. Corrigan, 85 Kan. 33, 35, 116 P. 226. Previous | Next LEGISLATIVE COORDINATI…

24-313. Sale of work to lowest bidder. It shall be the duty of said county commissioners, upon the expiration of the time specified by them for the opening of such ditch, drain, or watercourse, and upon being satisfied by inspection and view that any section or sections of the sa…

24-314. Commissioners to certify to county clerk the amounts due for sections sold; payment of such amounts; amounts placed on tax roll. Immediately after the sale of any such sections or parts of sections as provided for in K.S.A. 24-313, said board of county commissioners shall…

24-315. History: L. 1886, ch. 161, § 14; R.S. 1923, 24-315; Repealed, L. 1963, ch. 234, § 103; January 1, 1964. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archi…

24-316. Corporation benefited to pay part of expense. That when any ditch, drain or watercourse, located and established under this act, crosses or drains, either in whole or in part, any public or corporated road, or any railroad, or benefits any or either of said roads, so that…

24-317. Act does not repeal K.S.A. 24-201 through 24-215. This act shall not repeal or in any way render inoperative, the whole or any part of a similar act passed by the legislature of this state, which went into effect March twenty-sixth, eighteen hundred and seventy-nine. Hist…

24-4,100. Dissolution of certain inoperative districts located wholly within cities; procedure. Whenever the county clerk shall petition the board of county commissioners to disorganize and dissolve a drainage district located wholly within a city in the county, and it shall appe…

[Repealed or reserved.]

[Repealed or reserved.]

[Repealed or reserved.]

24-401. Organization of drainage districts; duties of board of county commissioners. Subject to the provisions of K.S.A. 19-270, the boards of county commissioners of the several counties in this state shall have power and it shall be their duty, upon a proper petition being pres…

24-402. Lands within cities may be included in drainage district. That any drainage district may include lands within the county subject to overflow from the same natural watercourse, whether the same be situated partly within and partly without or wholly within or without any in…

24-403. Petition for organization of drainage district; definitions. (A) That the petition for the incorporation and organization of a drainage district shall be addressed to the board of county commissioners of the county in which the lands which it is proposed shall constitute …

24-403a. Inclusion of land located in other benefit districts. Any land located within an improvement district created pursuant to K.S.A. 19-2753 et seq., and amendments thereto, or any land located within an industrial district created pursuant to K.S.A. 19-3801 et seq., and ame…

24-404. Time and notice of hearing. Whenever a petition in conformity to the provisions of K.S.A. 24-403, signed by not less than two-fifths of the taxpayers residing within the boundaries of the proposed district, or signed by the record owners of not less than fifty-one percent…

24-405. Hearing of petition; corporate name; perpetual succession. That at the time set for the hearing of the petition, as provided in the next preceding section, it shall be the duty of the board of county commissioners to first ascertain and determine whether notice has been g…

24-406. Record of organization; first election; description of lands. That it shall be the duty of the board of county commissioners incorporating any drainage district under the provisions of this act to cause an entry to be made upon its records showing all of its declarations,…

24-407. Powers of drainage districts. Each drainage district incorporated pursuant to K.S.A. 24-401 et seq., and amendments thereto, shall be a body politic and corporate. Subject to the superior jurisdiction of the United States over navigable waters, the governing body of each …

24-408. Powers of districts incorporated under law of 1905. All drainage districts incorporated under the provisions of chapter 215 of the Session Laws of 1905, shall have power: First, to take from any navigable river within their corporate limits, sand, gravel, rock, or other m…

24-408a. Sanitary sewers of district; bonds. If the board of directors of any drainage district incorporated under the provisions of chapter 215 of the Session Laws of 1905, and amendments thereto, shall find and determine by resolution that the sanitary sewers of such drainage d…

24-409. Board of directors; members' qualifications and terms. (a) All powers granted to drainage districts incorporated under the provisions of this act shall be exercised by a board of directors consisting of three persons. Except as provided in K.S.A. 24-412 and K.S.A. 24-139a…

24-410. Who may vote at elections; definitions. Within five days after any drainage district shall have been incorporated, the county clerk shall ascertain the qualified electors of such district, and deliver a certified list of the same to one of the persons appointed as judges …

24-411. History: L. 1905, ch. 215, § 10; L. 1913, ch. 184, § 1; R.S. 1923, 24-411; L. 1959, ch. 169, § 2; Repealed, L. 1979, ch. 103, § 3; July 1. CASE ANNOTATIONS 1. Purpose and intent of enactment of drainage law considered; general powers of directors of drainage district cons…

24-412. Elections of directors, when; term of office. (a) An election to choose three directors in each district shall be held on the Tuesday following the first Monday in November of 2017, and an election shall be held each four years thereafter, on the Tuesday following the fir…

24-412a. Directors' names and district description to secretary of state. Within 30 days following the election held pursuant to K.S.A. 24-412, as amended, the county election officer of the county where the drainage district is located shall transmit to the secretary of state on…

24-413. Vacancy in office of director. That should a vacancy occur at any time in the office of a director of any drainage district, the remaining directors shall appoint from the qualified residents in said district a person to hold the office of director until the next election…

24-414. Manner of nomination and election of directors; filing fee; election boards; notice of election; who entitled to vote; election expenses. (a) Elections to choose directors shall be conducted, the returns made and the results ascertained in the manner provided by law for g…

24-415. Organization of board; record of proceedings; treasurer, powers and duties; bond; county treasurer's duties. (a) Except as provided by subsection (b), the directors shall meet after they have been qualified and select from their number a president, secretary and treasurer…

24-416. Meetings of the board; executive session authorized, when. (a) The board of directors shall meet at least once each year. At such meeting, the board shall adopt a resolution stating the time, date and place of all regular meetings of the board. The resolution also shall s…