24-105. Obstructing flow of surface water; application to build levee; contents; examination by engineer; permit.
24-105
24-105. Obstructing flow of surface water; application to buildlevee; contents; examination by engineer; permit.It shall be unlawful for a landowner or proprietor to construct ormaintain a dam or levee which has the effect of obstructing orcollecting and discharging with increased force and volume the flow ofsurface water to the damage of the adjacent owner or proprietor; butnothing herein shall be construed as preventing an owner of land fromconstructing a dike or levee along the bank of a natural watercourse torepel flood waters from such natural watercourse if plans therefor havebeen approved as required in K.S.A. 24-126, as amended: Provided, Thatthe provisions of this sectionshall apply only to lands used for agricultural purposes and highwayslying wholly outside the limits of any incorporated city: Providedfurther, That where such surface water is the overflow of awatercourse on the premises of an upper landowner and such upperlandowner has not constructed or maintained a levee along the bank ofsuch watercourse to prevent the overflow, any landowner may makeapplication to the chief engineer of the division of water resourcesstating in such application that an upper landowner, or landowners, ifmore than one, whose name and address is given in the petition, has notconstructed a levee on his land to prevent the overflow from the stream,and requesting permission to build a levee on his own land to repel suchflood water.
Each application shall be accompanied by maps, profiles, crosssections and such other data and information as the chief engineer ofthe division of water resources may require. The chief engineer of thedivision of water resources shall then set a day to examine the locationof the proposed levee and shall notify the landowners whose names andaddresses are given in said petition. If he finds from an examination ofthe location of the proposed levee and the submitted plans that theconstruction of the proposed levee is feasible, not adverse to thepublic interest and should be built, he may then grant permission forits construction.
History: L. 1911, ch. 175, § 1; L. 1917, ch. 176, § 1; R.S. 1923, 24-105; L.1931, ch. 184, § 1; L. 1951, ch. 261, § 1; April 2.