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82a-612. Definitions. As used in this act, unless the context clearly requires otherwise:

(a) "District" means a rural water district organized pursuant to this act;

(b) "board" means the governing body of a district;

(c) the terms "board of county commissioners" and "county clerk" shall mean, respectively, the board of county commissioners and county clerk of the county in which the greatest portion of the territory of any existing or proposed rural water district is located;

(d) "participating member" means an individual, firm, partnership, association or corporation and:

(1) Which has subscribed to one or more benefit units of such district; or

(2) which is charged a franchise fee for water service which is paid, either directly or indirectly through another water provider, to such district;

(e) "chief engineer" means the chief engineer of the division of water resources, Kansas department of agriculture.

History: L. 1957, ch. 540, § 1; L. 2004, ch. 101, § 140; L. 2010, ch. 15, § 4; L. 2012, ch. 27, § 1; July 1.

Attorney General's Opinions:

Definitions; participating member. 85-136.

Kansas tort claims act; definition of municipality. 86-31.

Powers of rural water districts; deletion of "rural" from name. 87-19.

KOMA; rural water districts. 88-97.

Powers of rural water districts; contract with city for purchase of water. 89-95.

Rural water districts; definitions; directors' qualifications; election; bylaws; adoption; eligible voter. 93-88.

Recouping costs of relocating water lines crossing state funded highway projects; eligible districts. 96-53.

Election of directors of rural water district. 2001-04.

CASE ANNOTATIONS

1. Act does not contravene constitutional requirements; water rates charged by district not unreasonable. Shawnee Hills Mobile Homes, Inc. v. Rural Water District, 217 Kan. 421, 423, 425, 537 P.2d 210.

2. Owner of benefit unit certificate in rural water district is owner of property interest protected by requirements of due process; service cannot be terminated before notice and opportunity for hearing. Dedeke v. Rural Water Dist. No. 5, 229 Kan. 242, 249, 250, 623 P.2d 1324.

3. Rural water district defined; requirements for qualification for ad valorem property tax exemption. In re Application of Riverton Water Co. for Tax Exemption, 23 Kan. App. 2d 496, 932 P.2d 452 (1997).

4. Cited in discussion of the purposes of water districts; concerning dispute with a city. Rural Water District No. 4 v. City of Eudora, Kansas, 604 F. Supp. 2d 1298, 1307, 1318, 1331 (2009).


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