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24-1201a. Declaration of public necessity for creation of districts; power; benefits. It is recognized that serious problems of water management resulting from erosion, floodwater or sediment damages or instability of natural water supplies are arising in the watersheds of the rivers and streams of the state of Kansas; that for the purpose of alleviating such damages and furthering the conservation, development, utilization and disposal of water and thereby preserving and protecting the state's land and water resources, it is legislatively determined that it is necessary and advisable to establish watershed districts with the power to construct, operate and maintain works of improvement needed to carry out such purposes; that there is hereby declared the public necessity for the creation of such districts in watersheds including lands that are subject to erosion, floodwater or sediment damages or that would be benefited by the construction of works of improvement for the conservation, development, utilization and disposal of water; and that it is further declared that the formation of such districts will inure to the general benefit of all of the taxable, tangible property included therein.

History: L. 1961, ch. 193, ยง 2; July 1.

Law Review and Bar Journal References:

"Riparian Property Rights: Kansas Law of Riparian Ownership," Blaise R. Plummer, 21 W.L.J. 96, 97 (1981).

Attorney General's Opinions:

Assignment of liability for damages caused by works of improvement. 86-158.

Use of watershed district funds. 87-85. (See 87-99.)

Sale or transfer of watershed district property to a governmental entity for recreational purposes is permissible. 87-122.

CASE ANNOTATIONS

1. Existence and function of district declared by legislature to be of benefit to all property in district. Barten v. Turkey Creek Watershed Joint District No. 32, 200 Kan. 489, 503, 438 P.2d 732.


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