Chapter 42 — IRRIGATION

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 …

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 i…

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 necess…

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 …

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 w…

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…

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…

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 he…

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 amendmen…

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 r…

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…

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 t…

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 …

42-388f. Same; suits by bondholders; receivers; duties. Any holder or holders of ⅕ of the amount of such outstanding bonds, or any coupons of such ⅕, if there is a default in the payment thereof, by an appropriate suit in court, may enforce the statutory mortgage lien and compel …

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. Previous | N…

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. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived…

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 fo…

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 d…

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 …

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 …

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…

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 …

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 f…

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 exceed…

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 withou…

42-398. Entry upon premises by officers. Any water bailiff, the county commissioners, road overseers and city officers, within their respective counties, districts, cities and towns, upon complaint of any person concerning any artesian well, that the person controlling the same i…

42-399. Unlawful acts affecting artesian well; penalty. If any person in charge of the work of sinking or boring an artesian well shall fail, neglect or refuse to keep a record thereof as required by this act, or shall fail, refuse or neglect to set forth therein as nearly as may…

[Repealed or reserved.]

[Repealed or reserved.]

[Repealed or reserved.]

[Repealed or reserved.]

42-421. History: L. 1911, ch. 210, § 22; R.S. 1923, 42-421; 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 Archived Schoo…

[Repealed or reserved.]

[Repealed or reserved.]

[Repealed or reserved.]

[Repealed or reserved.]

42-610. Greeley county. Laws 1917, chapter 149, section 1, included by reference. ["An act requiring the conveyance of certain land owned by the state in Greeley county, Kansas."] History: R.S. 1923, 42-610. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 A…

42-611. Hamilton county. Laws 1917, chapter 150, section 1, included by reference. ["An act requiring the conveyance of certain land owned by the state in Hamilton county, Kansas."] History: R.S. 1923, 42-611. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026…

42-612. Lane county. Laws 1917, chapter 151, section 1, included by reference. ["An act requiring the conveyance of certain land owned by the state in Lane county, Kansas."] History: R.S. 1923, 42-612. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archive…

42-613. Wichita county. Laws 1917, chapter 152, section 1, included by reference. ["An act requiring the conveyance of certain land owned by the state in Wichita county, Kansas."] History: R.S. 1923, 42-613. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 A…

42-614. Ford county. Laws 1919, chapter 168, section 1, included by reference. ["An act authorizing the conveyance by the state of Kansas to the county of Ford, in the state of Kansas, certain real estate therein described, situated within the county of Ford."] History: R.S. 1923…

42-615. Sale of state irrigation farm in Scott county. Laws 1921, chapter 278, included by reference. ["An act providing for the sale of the state irrigation farm in Scott county."] History: R.S. 1923, 42-615. CASE ANNOTATIONS 1. Moneys derived must be handled as other public fun…

42-616. Disposal of state irrigation property in Wallace county. Laws 1921, chapter 279, included by reference. ["An act providing for the sale of all improvements placed on the state irrigation farm in Wallace county by the state of Kansas, and authorizing the governor to deed t…

42-617. Sale of irrigation farm at Selkirk. That the governor of the state is hereby directed, within thirty (30) days after the taking effect of this act, to execute a deed in behalf of the state of Kansas, conveying to the board of county commissioners in Wichita county, Kansas…

42-618. Sale of state irrigation property in Scott, Wichita and Wallace counties. Laws 1921, chapter 281, included by reference. ["An act providing for the sale of the farm machinery and other personal property at the three state irrigation farms in Scott, Wichita and Wallace cou…

42-619. Scott county. Laws 1923, chapter 228, included by reference. ["An act requiring the conveyance of certain land owned by the state in Scott county, Kansas."] History: R.S. 1923, 42-619. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Doc…

42-701. Irrigation districts; petition and application for organization of district; contents of application; application to be accompanied by map and supplementary information. (a) A majority of the qualified owners of irrigable lands within a proposed irrigation district who sh…

42-702. Powers and duties of chief engineer; expenses; bond or deposit for costs. The chief engineer of the division of water resources shall have the power to grant, reject or withhold approval of the application of the proposed irrigation district and the accompanying maps and …

42-703. Proposed district; notice of hearing; protest against application; withdrawal of name from petition; review of action on application. Upon receipt of the application of the proposed irrigation district by the chief engineer, the chief engineer shall cause to be published …

42-704. Permit by chief engineer; articles of incorporation; filing fee; nature of corporation. If upon consideration of the application the chief engineer finds and determines that the proposed project is practical, feasible and economically sound and that said applicant is enti…