Chapter 42.—IRRIGATION

Kansas Statutes

Chapter 42.—IRRIGATION

Cross References to Related Sections:

Watershed Districts, see chapter 24, article 12.

Waters and Watercourses, see chapter 82a.

Division of Water Resources, State Board of Agriculture, see 74-506a et seq.

Water Office and Water Authority, see chapter 74, article 26.

Law Review and Bar Journal References:

"Legal Constraints on Diverting Water from Eastern Kansas to Western Kansas," John C. Peck, 30 K.L.R. 160, 168, 175, 202, 203, 206, 207, 210, 211, 212 (1982).

"Condemnation of Water and Water Rights in Kansas," John C. Peck and Kent Weatherby, 42 K.L.R. 827, 839 (1994).

Article 1.—GENERAL PROVISIONS
- 42-101 Repealed.
- 42-102 Repealed.
- 42-103 Repealed.
- 42-104 Repealed.
- 42-105 Repealed.
- 42-106 Works constructed prior to 1884.
- 42-107 Rights of way acquired on unoccupied lands prior to 1892.
- 42-108 Measure of damages for right of way over unoccupied lands, when.
- 42-109 Repealed.
- 42-110 through 42-118 Repealed.
- 42-119 Lien upon crop for water furnished under contract for irrigation purposes.
- 42-120 Powers of canal corporations.
- 42-121 Water rights and shares in irrigation companies; transfer.
- 42-122 Unlawful acts affecting irrigating canals; penalty.
Article 2.—JOINT KANSAS-COLORADO COMMISSION (Not in active use)
- Revisor's Note:
  General plan for watershed development, see 24-901.
  
  Interstate compacts, see chapter 82a, article 5.
- 42-201, 42-202 Repealed.
Article 3.—IRRIGATION AND IRRIGATION DISTRICTS
- Law Review and Bar Journal References:
  "Legal Aspects on Kansas Water Resources Planning," John C. Peck and Doris K. Nagel, 37 K.L.R. 199 (1989).
- DIVERSION AND APPROPRIATION OF WATER FOR INDUSTRIAL USES
  42-301 Repealed.
- 42-302 Extent of appropriation; residue of waters.
- 42-303 Right to conduct water along natural channels and withdraw same.
- 42-304 Change of natural channel so as to prevent inflow into ditch or conduit.
- 42-305 Repealed.
- 42-306 Rights of prior appropriator of such waters.
- 42-307 Repealed.
- 42-308 User; forfeiture.
- 42-309 Rights subject to eminent domain.
- RIGHT TO USE OF WATER
  42-310 Right to continuance of use of water procured from carrier by contract.
- 42-311 Right to take water for domestic uses.
- 42-312 Such person responsible for injury or pollution.
- 42-313 Right to collect and store water.
- 42-314 Repealed.
- 42-315 Right of use of water subject to eminent domain.
- RIGHT OF WAY AND SITE FOR WORKS
  42-316 Right of way and site for works for diverting, storing or conveying water.
- 42-317 Condemnation of lands for site or way.
- 42-318 Condemnation of land for public mill or manufactory.
- 42-319 Construction of work in city or town.
- 42-320 Abandonment of right-of-way or site.
- CONSTRUCTION, OPERATION AND MAINTENANCE OF WORKS
  42-321 Structures for the prevention of floods and waste; liability for damage.
- 42-322 Duty to maintain and supply water; damage liability for failure; contracts not affected.
- 42-323 Head gate, rating flume and lock; delivery of key to officer.
- 42-324 Structures in lieu of head gate; delivery of key.
- 42-325 Waste gate and tailrace where waters cause damage; discharge of water.
- 42-326 Procurement of waters through like works of other proprietors.
- 42-327 Outlets and gates for convenient delivery of water; contracts; construction of embankments.
- 42-328 Superintendent; duties; salary.
- 42-329 Distribution of water at source of supply among proprietors of works.
- 42-330 Record of boring of artesian well; contents; record and statement to be filed with register of deeds.
- 42-331 Statements by prior proprietors of wells.
- 42-332 Record of boring of artesian well; filing in other counties.
- 42-333 through 42-338 Repealed.
- 42-339 Dam or embankment as part of highway; township aid; repairs and guardrails.
- 42-340 Agreements as to distribution of water from works.
- 42-341 Agreements as to rotation of water among consumers.
- 42-342 Agreements between proprietors of two or more works as to rotation of water.
- 42-343 Filing copy of agreement for rotation of water with superintendent; water to be distributed according to such agreement.
- 42-344 Agreements between proprietors injurious to other proprietors.
- 42-345 Certain agreements between proprietors not allowed; proceedings to annul.
- 42-346 Agreement for rotation of water not to affect prior rights.
- 42-347 Agreements for more than one season to be recorded.
- 42-348 Gates or barways in fences; liability for failure to close.
- 42-349 Bridges and viaducts; when maintained by county or township.
- 42-350 Same; restoration of highway.
- 42-351 Same; existing structures across roads; repair and maintenance; tax levy upon failure.
- 42-352 Bridges by owner of land for own use.
- DISPOSAL OF SEEPAGE WATERS
  42-353 Lands saturated with seepage waters.
- 42-354 Same; damages ascertained under laws relating to eminent domain.
- REGULATION OF RATES FOR WATER
  42-355 Appeal to state board, hearings; commission to fix rates for water from irrigation company.
- 42-356 Powers of commission.
- IRRIGATION DISTRICTS WITHIN A COUNTY
  42-357 Creation of districts.
- 42-358 Petition for district; contents.
- 42-359 Examination of petition; creation of district; form.
- 42-360 through 42-362 Repealed.
- 42-363 Officers; term; annual election.
- 42-364 Qualifications of voters and officers; election precincts in districts; returns of election; annual election; notice.
- 42-365 Bonds; tax levy to pay.
- 42-366 Petition for bonds.
- 42-367 Hearing on petition.
- 42-368 Bond election; notice.
- 42-369 Issuance of such bonds.
- 42-370 Sale of bonds; use of funds.
- 42-371 Purchase of irrigation works by district; election; payment.
- 42-372 Contracts for works; bids.
- 42-373 Bond of contractor; payment.
- 42-374 Board of irrigation commissioners; rules and regulations; rates for water; use of funds from sales.
- 42-375 Reports of treasurer of board.
- 42-376 Disbursements.
- 42-377 Tax levy by board, when.
- 42-378 Extension of main ditches into other counties.
- 42-379 Compensation of board; bonds of officers; delivery of books to successors.
- 42-380 Superintendent of district; term; compensation.
- 42-381 Formation of districts comprising contiguous territory in two or more counties; petition; election.
- 42-382 Same; procedure.
- 42-383 Same; outline map to be attached to petition.
- 42-384 Same; bond election may be held at same time.
- 42-385 Registration of bonds of district composed of territory in two or more counties.
- 42-386 Name of district comprising territory in two or more counties.
- 42-387 Certification of plat and order creating district.
- 42-388 Laws applicable.
- 42-388a Powers of districts organized under K.S.A. 42-357 et seq.
- 42-388b Irrigation districts organized under K.S.A. 42-357 et seq.; borrowing; bonds.
- 42-388c Same; sale of bonds.
- 42-388d Irrigation districts organized under K.S.A. 42-357 et seq.; accounts; audits; treasurer's bond; custodian of funds.
- 42-388e Same; mortgage liens; pledge of revenue; depreciation fund; rates.
- 42-388f Same; suits by bondholders; receivers; duties.
- 42-388g Same; eminent domain.
- 42-388h Same; invalidity of part.
- UNLAWFUL INTERFERENCE WITH, INJURY TO, OR USE OF, WORKS OR WATER
  42-389 Discrimination in rates unlawful; recovery of illegal payments; costs and attorney fees.
- 42-390 Same; penalty for excessive charges.
- 42-391 Refusal to furnish water upon tender of charges; penalty; rights of parties owning ditch or other works.
- 42-392 Superintendent of ditch or works; service of process upon; certification of name to district court; vacancies.
- 42-393 Penalty for failure of superintendent to deliver water.
- 42-394 Waste of water; penalty.
- 42-395 Unlawful acts affecting works; penalty.
- 42-396 Unlawful acts affecting works; penalty for second offense.
- 42-397 Repeated unlawful diversion as evidence.
- 42-398 Entry upon premises by officers.
- 42-399 Unlawful acts affecting artesian well; penalty.
- 42-3,100 Closing head gates for failure to construct rating flume or measuring device.
- 42-3,101 Penalty for failure to construct devices, or to lock head gate and deliver key, or to maintain such devices.
- 42-3,102 Procedure upon failure of proprietors to construct or maintain head gate; costs; attorney fees; sale of proprietors' rights to pay cost; liability of proprietors; penalty for unlawful acts.
- 42-3,103 Inspection of works; condemnation and abatement.
- 42-3,104 Damage liability for negligent or unlawful construction of work; penalty for unlawful act.
- 42-3,105 Complaint by person fearing injury or damage.
- 42-3,106 Same; orders of district court; injunction; costs.
- 42-3,107 Abatement of structure as nuisance by sheriff; costs.
- 42-3,108 Same; payment of costs.
- 42-3,109 Repealed.
- 42-3,110 False swearing.
- 42-3,111 Civil liability of officers.
Article 4.—ARTESIAN WELLS, STORAGE RESERVOIRS AND WORKS CONNECTED THEREWITH (Not in active use)
- 42-401 through 42-415 Repealed.
- 42-416 through 42-420 Repealed.
- 42-421 Repealed.
- 42-422 through 42-427 Repealed.
- 42-428, 42-429 Repealed.
Article 5.—EXPERIMENTAL TEST AND ARTESIAN WELLS (Not in active use)
- 42-501 through 42-504 Repealed.
- 42-505, 42-506 Repealed.
Article 6.—MISCELLANEOUS PROVISIONS
- Revisor's Note:
  Later act, see chapter 82a, article 4.
- COLLECTION, STORAGE AND IMPOUNDING OF WATERS
  42-601 through 42-606 Repealed.
- 42-607 through 42-609 Repealed.
- DEEDS TO LANDS USED FOR IRRIGATION PURPOSES
  42-610 Greeley county.
- 42-611 Hamilton county.
- 42-612 Lane county.
- 42-613 Wichita county.
- 42-614 Ford county.
- 42-615 Sale of state irrigation farm in Scott county.
- 42-616 Disposal of state irrigation property in Wallace county.
- 42-617 Sale of irrigation farm at Selkirk.
- 42-618 Sale of state irrigation property in Scott, Wichita and Wallace counties.
- 42-619 Scott county.
Article 7.—DISTRICTS
- Cross References to Related Sections:
  Districts in a county, see also, 42-357 through 42-388h.
  Law Review and Bar Journal References:
  "Procedure in Formulating Watershed Districts," Arno Windscheffel, 36 J.B.A.K. 13, 14 (1967).
  
  "Riparian Property Rights: Kansas Law of Riparian Ownership," Blaise R. Plummer, 21 W.L.J. 96, 97, 98, 99 (1981).
  Attorney General's Opinions:
  Changes in operation and maintenance formulas; court approval not needed. 90-95.
- 42-701 Irrigation districts; petition and application for organization of district; contents of application; application to be accompanied by map and supplementary information.
- 42-702 Powers and duties of chief engineer; expenses; bond or deposit for costs.
- 42-703 Proposed district; notice of hearing; protest against application; withdrawal of name from petition; review of action on application.
- 42-704 Permit by chief engineer; articles of incorporation; filing fee; nature of corporation.
- 42-705 Perpetual existence; powers; eminent domain; bonds; tax levies.
- 42-706 Board of directors; qualifications, election and terms of office; conduct of elections, election by mail ballot, when, procedure; oath of office and official bond; conduct of elections in districts of less than 35,000 acres at annual meeting.
- 42-707 Officers of board; rules and bylaws; central office; seal; contracts; records; open to inspection; duties of county treasurer and treasurer of district.
- 42-708 Meetings of directors; notice; quorum; assessor of district; employees; compensation; official bonds.
- 42-709 Provision for preliminary expenses.
- 42-710 General plan of operation; approval by chief engineer; surveys, maps and estimates.
- 42-711 Powers of directors.
- 42-712 Bonds of indebtedness.
- 42-713 Bond resolution; election; publication notice.
- 42-714 Issuance, sale and delivery of bonds.
- 42-715 Annual assessments; duties of assessor; map.
- 42-716 Water rentals or charges.
- 42-717 Delivery of assessment roll; equalization of assessments.
- 42-718 Certification of levies to county clerk.
- 42-719 Compensation of directors.
- 42-720 Bids for construction work; publication notice; contractor's bond.
- 42-721 Payment for property and improvements; additional bonds, election; agreement with federal agencies; water rentals or charges; approval of contract by court before assessments extended; service of process.
- 42-722 Dissolution of district; petition to chief engineer.
- 42-722a Cedar Bluff irrigation district No. 6; dissolution; procedure.
- 42-723 Repealed.
- 42-724 Invalidity of part.
- 42-725 Changing of boundaries; petition; approval of chief engineer; withdrawal of name from petition, when.
- 42-726 Same; notice by publication; objections in writing.
- 42-727 Same; hearing on petition.
- 42-728 Same; payments by petitioners may be required.
- 42-729 Same; order on petition.
- 42-730 Same; amendment to articles of incorporation; recordation; effect.

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