24-611a. Agreements to allow drainage from land located outside district.
24-611a
24-611a. Agreements to allow drainage from landlocated outside district.(a) The board of supervisors and the owners of land which islocated outside a drainage district organized pursuant to K.S.A. 24-601 etseq., and amendments thereto, may enter agreements allowing water fromsuch land to drain into the drainage system of the district. All moneysreceived under such agreements shall be used for drainage district purposes.
(b) If the owner of any land which is located outside of any drainagedistrict constructs any ditch or drainso that the water on such land will be drained into thedrainage system of any drainage district or into any natural depression,draw or watercourse, or any artificial ditch, tile, or drain that drainsinto such drainage system, without first having entered into writtenagreement with the board of supervisors of such drainage district, the ownershall bedeemed to have made voluntary application to be included in such drainagedistrict and receive the benefits thereof. If by the natural grade andformation of such land, the surface or flood water, or both, therefrom aredrained into any ditch, tile, drain, natural depression, draw orwatercourse in such drainage system of such drainage district, the owner ofsuch land shall be deemed to receive the benefits of suchdrainage system. The board of supervisors ofsuch drainage district may bring an action in the county where such landor drainage district is located, stating the name of such owner, description oftheland and of the ditch, drain or natural grade or formation leading into thesystem of such drainage district to recover payment for the benefit receivedand to include such land within the drainage district.
Any judgment so rendered may be filed in the office of the clerk of thedistrict court of the county and become a lien on such land in like manneras other judgments. If any such land which drains or is drained into thedrainage system of anyother drainage district is located within a drainage districtorganized under any law of the state of Kansas, the drainage district inwhich such land so drained is located may be named the defendant instead ofthe owner of the land. In such case, thedrainage district prosecuting such proceedings shall have the option ofprosecuting the same in the district court in which such drainage districtor the major portion thereof is located. If such proceedings are soprosecuted in the district court the proceedings shall be governed by thecode of civil procedure. The district court may assess against the drainagedistrict receiving the benefits of the drainage of its land into the systemof another district an annual payment commensuratewith such benefits. All money collected under this subsectionshall be used for drainage district purposes.
History: L. 2001, ch. 76, § 3; July 1.