Chapter 42, IRRIGATION

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…

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 permi…

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 c…

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, h…

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 ot…

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,…

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 brid…

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 …

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, whethe…

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 o…

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 …

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 u…

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 pu…

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.

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 irrig…

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, a…

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 s…

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 o…

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 per…

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…

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…

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 sai…

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 fo…

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…

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 …

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…

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 f…

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 fo…

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 char…

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…

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.

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…

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 …

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 …

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 compensati…

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.