Chapter 42 — IRRIGATION

[Repealed or reserved.]

42-101. History: L. 1886, ch. 115, § 1; R.S. 1923, 42-101; Repealed, L. 1941, ch. 261, § 1; June 30. CASE ANNOTATIONS 1. Eminent domain; exercise of for irrigation purposes. Irrigation Co. v. Klein, 63 Kan. 484, 65 P. 684. 2. Right to use water for irrigation a common-law right. …

42-102. History: L. 1886, ch. 115, § 2; R.S. 1923, 42-102; Repealed, L. 1941, ch. 261, § 1; June 30. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School …

42-103. History: R.S. 1923, 42-103; Repealed, L. 1941, ch. 261, § 1; June 30. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFU…

42-104. History: L. 1886, ch. 115, § 4; L. 1911, ch. 216, § 1; R.S. 1923, 42-104; Repealed, L. 1941, ch. 261, § 1; June 30. CASE ANNOTATIONS 1. Watercourse; flowage rights acquired by prescription. Wallace v. City of Winfield, 96 Kan. 35, 149 P. 693. Previous | Next LEGISLATIVE C…

42-105. History: R.S. 1923, 42-105; Repealed, L. 1941, ch. 261, § 1; June 30. Source or prior law: L. 1886, ch. 115, § 5. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Docum…

42-106. Works constructed prior to 1884. Where any canal, ditch, flume or aqueduct which is the property of any individual, company, or corporation, and is used for the purpose of irrigating lands, has been located or constructed on or over any tract of land with the knowledge or…

42-107. Rights of way acquired on unoccupied lands prior to 1892. Any individual, company or corporation who has heretofore constructed any canal, ditch, flume or aqueduct for purposes of irrigation upon or over lands unoccupied at the time of such construction, who shall maintai…

42-108. Measure of damages for right of way over unoccupied lands, when. When any individual, company or corporation shall have constructed any canal, ditch, flume or aqueduct for purposes of irrigation over unoccupied lands of another, the damages awarded for the right of way of…

42-109. History: L. 1889, ch. 165, § 1; R.S. 1923, 42-109; Repealed, L. 1945, ch. 390, § 25; June 28. CASE ANNOTATIONS 1. Eminent domain; exercise of for irrigation purposes. Irrigation Co. v. Klein, 63 Kan. 484, 65 P. 684. 2. Section cited; right to use water for irrigation disc…

42-119. Lien upon crop for water furnished under contract for irrigation purposes. Any person, association or corporation which shall, under contract with the owner of a tract or piece of land, his agent, trustee, or under contract with the husband or wife of such owner, furnish …

42-120. Powers of canal corporations. Every canal corporation, for the purpose of irrigation, shall, in addition to the powers heretofore conferred, have power: First. To cause such examination and survey for its proposed canal to be made as may be necessary to the selection of t…

42-121. Water rights and shares in irrigation companies; transfer. That all water rights of every kind, or shares in irrigation companies, entitling the owners and holders thereof to the use of water for irrigation purposes, shall be appurtenant to the land upon which they are es…

42-122. Unlawful acts affecting irrigating canals; penalty. Any person who shall willfully or maliciously cut, dig, break down or open any gate, bank, embankment or side of any ditch, canal, flume, feeder or reservoir, the property of another, used for the purpose of irrigation, …

[Repealed or reserved.]

42-3,100. Closing head gates for failure to construct rating flume or measuring device. If the proprietors of any ditch, canal, conduit or other works for diverting the water from any natural source shall fail or refuse to construct therein such rating flume or measuring device a…

42-3,101. Penalty for failure to construct devices, or to lock head gate and deliver key, or to maintain such devices. Any person, association or corporation who, being the owner of or controlling any ditch, conduit or other works for diverting water from any natural source, shal…

42-3,102. Procedure upon failure of proprietors to construct or maintain head gate; costs; attorney fees; sale of proprietors' rights to pay cost; liability of proprietors; penalty for unlawful acts. If the proprietors of any canal, ditch, conduit or other works for diverting the…

42-3,103. Inspection of works; condemnation and abatement. Every dam and embankment, flume, aqueduct and other conduit now or hereafter constructed in this state for the purpose of collecting, holding, storing, impounding, carrying or raising the level of any water for industrial…

42-3,104. Damage liability for negligent or unlawful construction of work; penalty for unlawful act. Every person who, as owner, agent, contractor or manager, shall build, construct, operate or maintain any such dam or embankment, flume, aqueduct or other conduit in such manner t…

42-3,105. Complaint by person fearing injury or damage. Any person having reason to believe and believing that any such dam, embankment, flume, aqueduct or other conduit is or will be unsafe for the purposes for which it is designed or used, and fearing injury or damage to his pe…

42-3,106. Same; orders of district court; injunction; costs. In the trial of any such case, the district court having jurisdiction thereof shall make such orders, rulings and awards as shall appear just, necessary and proper, and may enjoin the completion, further construction or…

42-3,107. Abatement of structure as nuisance by sheriff; costs. It may be a part of the judgment in any such case that the structure in question be abated as a nuisance by the sheriff of the county wherein the structure may be, and the cost of such abatement shall be taxed by the…

42-3,108. Same; payment of costs. In case execution for such costs be returned unsatisfied, the same shall be paid by the board of county commissioners of the county wherein the work was constructed; or, if the same was situate in two or more counties, then by the boards of commi…

42-3,109. History: L. 1891, ch. 133, art. 8, § 21; R.S. 1923, 42-3,109; Repealed, L. 1945, ch. 390, § 25; June 28. Revisor's Note: Appropriation of water for beneficial use, see chapter 82a, article 7. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archive…

42-3,110. False swearing. Any person guilty of willful false swearing to any statement as by this act required shall be deemed guilty of perjury, and punished accordingly. History: L. 1891, ch. 133, art. 8, § 23; May 20; R.S. 1923, 42-3,110. Cross References to Related Sections: …

42-3,111. Civil liability of officers. No officer in the discharge of his duties under this act shall be liable to any civil action for any act or omission in the administration of the duties of his office, unless it shall manifestly appear that such officer, in such act or omiss…

[Repealed or reserved.]

[Repealed or reserved.]

42-301. History: L. 1891, ch. 133, art. 1, § 1; R.S. 1923, 42-301; Repealed, L. 1945, ch. 390, § 25; June 28. CASE ANNOTATIONS 1. This section considered as to power of eminent domain. Irrigation Co. v. Klein, 63 Kan. 484, 490, 65 P. 684. 2. Section cited; right to appropriate wa…

42-302. Extent of appropriation; residue of waters. The appropriation of water hereafter shall in every case be deemed and be taken to be accomplished and effectual only as to so much water as shall have been actually applied to beneficial uses within a reasonable time after the …

42-303. Right to conduct water along natural channels and withdraw same. Any person may conduct water into and along any of the natural streams or channels of the state, and may withdraw all such waters so by him turned into such channel at any point desired, without regard to pr…

42-304. Change of natural channel so as to prevent inflow into ditch or conduit. In case the channel of any natural stream shall have become so cut down, lowered, turned aside or otherwise changed from any cause as to prevent any ditch or conduit for the diversion of water from r…

42-305. History: L. 1891, ch. 133, art. 1, § 5; L. 1911, ch. 212, § 1; R.S. 1923, 42-305; Repealed, L. 1945, ch. 390, § 25; June 28. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Se…

42-306. Rights of prior appropriator of such waters. No person shall be permitted to take or appropriate the waters of any subterranean supply which naturally discharge into any superficial stream, to the prejudice of any prior appropriator of the water of such superficial channe…

42-307. History: L. 1891, ch. 133, art. 1, § 7; R.S. 1923, 42-307; Repealed, L. 1978, ch. 190, § 1; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived …

42-308. User; forfeiture. Any right of appropriation shall exist and continue only by the exercise thereof in a lawful manner. The failure of the appropriator continuously to apply such water to lawful and beneficial uses, for a period of three years, without due and sufficient c…

42-309. Rights subject to eminent domain. Every vested right of prior appropriation or diversion of water for industrial uses shall be subject as to the right of eminent domain, and may be condemned and compensated for, for public and beneficial uses, in the same manner and under…

42-310. Right to continuance of use of water procured from carrier by contract. Any person having by lease, purchase or agreement, written or oral, procured from any carrier water for the irrigation of lands or for other use whatsoever, and having actually applied such water to b…

42-311. Right to take water for domestic uses. Any person may at any time take water from any natural stream or open ditch, conduit or reservoir at any public road crossing, or at any place upon his own lands, or upon the lands of others by license of the proprietor thereof, or w…

42-312. Such person responsible for injury or pollution. Every person resorting for the purposes aforesaid to any ditch, conduit or reservoir shall be responsible that no injury be done to the embankment thereof, or the fence enclosing the same, or other parts or appurtenances th…

42-313. Right to collect and store water. Any person entitled to use water for beneficial purposes may collect and store the same and all natural flows for use thereafter, so long as such collection, storage, use and times of use thereafter are consistent with reasonable storage …

42-314. History: L. 1891, ch. 133, art. 2, § 5; R.S. 1923, 42-314; Repealed, L. 1957, ch. 539, § 26; June 29. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archive…

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. Hi…

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…

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, …

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…

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 sha…

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 s…

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, l…