KANSAS OFFICE of
  REVISOR of STATUTES

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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 minerals, without the payment to the state of any compensation therefor, and sell the same and use the proceeds in the construction or maintenance of levees, or river walls, or for dredging, or other improvements authorized to be made or maintained by such districts.

Second, to construct and maintain streets upon, along, adjoining or over any river wall, dike or levee, and approaches thereto from adjacent or intersecting streets, and to contract with any city or other municipal corporation in which the same may be situated, or with any private corporation or person, for the making of such improvements, or for the payment of a portion of the cost thereof, and to levy taxes and issue bonds in accordance with and subject to the provisions of chapter 215 of the Session Laws of 1905, and acts amendatory thereof, to pay the cost of such improvements.

Third, to contract or otherwise co-operate with any city or other municipal corporation in which the same may be situated, or with any corporation or person, for the construction of flood control works and for the acquiring of rights of way therefor and for the maintenance, repair or operation thereof, and for the construction and maintenance of sewers, drains or ditches for the drainage of any drainage district or portion thereof, or to prevent the same from being overflowed by surface water from adjoining lands, and to levy taxes and issue bonds in accordance with and subject to the provisions of chapter 215 of the Session Laws of 1905, and acts amendatory thereof, to pay for the cost of such improvements.

History: L. 1917, ch. 173, § 1; R.S. 1923, 24-408; L. 1955, ch. 199, § 1; April 8.

Revisor's Note:

For sections included in Chapter 215, Laws of 1905, see the Table of Sections in Constitutions Volume.

Cross References to Related Sections:

Sand and gravel, see chapter 70a.

Attorney General's Opinions:

Absent a contract, a drainage district is not authorized to compel payment for sewer services provided to a municipality. 93-115.

CASE ANNOTATIONS

1. Operation of sand plant for profit by district not authorized. State, ex rel., v. Kaw Valley Drainage District, 126 Kan. 43, 267 P. 31.

2. District has power to protect against surface waters and insanitary conditions. State, ex rel., v. North Topeka Drainage Dist., 133 Kan. 274, 280, 281, 299 P. 637.

3. City and adjoining district may contract for joint improvement; cost. Alber v. Kansas City, 138 Kan. 184, 189, 25 P.2d 364.

4. City and adjacent district may contract for joint improvement. Addis v. Kansas City, 143 Kan. 25, 27, 53 P.2d 809.

5. Acts subsequent to 1905 act conferred on water resources division supervisory power over drainage districts. State, ex rel., v. Dolese Bros. Co., 151 Kan. 801, 808, 102 P.2d 95.

6. County commissioners may bind county by contract extending beyond their terms. Verdigris River Drainage Dist. v. State Highway Comm., 155 Kan. 323, 331, 125 P.2d 387.


 



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