42-701. Irrigation districts; petition and application for organization of district; contents of application; application to be accompanied by map and supplementary information.
42-701
42-701. Irrigation districts; petition andapplication for organization ofdistrict; contents of application; application to be accompanied by map andsupplementary information.(a) A majority of the qualified owners of irrigable lands within a proposedirrigation district who shall be three or more persons and who own,collectively, at least 60 acres of land which are susceptible of irrigation,and who own a majority of the irrigable acres in such proposed district, maypetition and make application to the chief engineer of the division of waterresources of the Kansas department of agriculture,for the organization,establishment and authority to incorporate an irrigation district under theprovisions of this act. Qualified owners of irrigable land shall be understoodand construed to mean taxpayers of such proposed district owning irrigable landor some interest therein, in such proposed district. A qualified owner ofirrigable land who is a tenant in common shall be understood and construed toown the number of acres of land to which such person would be entitled in theevent that partition were made of such real estate, in kind, upon an acreagebasis and not a valuation basis. A qualified owner of irrigable land who is ajoint tenant shall be understood and construed to own the number of acres suchperson would receive in the event that the tract of land involved were divided,in kind, equally among the joint tenants owning such tract, upon an acreagebasis and not upon a valuation basis. A corporation incorporated under theprovisions of K.S.A. 17-5901, and amendments thereto, trust, association orpartnership which legally holds title to such irrigable land shall be aqualified owner of irrigable land under the provisions of this act. Lands to beincluded in a district need not be contiguous. Irrigation districts may beformed in order to cooperate with the United States under the federalreclamation laws, heretofore or hereafter enacted, or under any act of congresswhich shall permit the performance by the United States of work in this statefor the purpose of construction of irrigation works, including drainage works,or for purchase, extension, operation, or maintenance of constructed works, orfor the assumption, as a principal or guarantor, of indebtedness to the UnitedStates on account of district works. When organized, irrigation districts shallhave the authority and power conferred, or that may hereafter be conferred, bylaw upon such irrigation districts.
(b) The certificate of the register of deeds of the county where theland is located shall be sufficient evidence of title for the purposesof this act. Before any such district shall be established, therequisite number of qualified owners of irrigable lands, shall file anapplication with the chief engineer of the division of water resourcesof the Kansas department of agriculture, for theapproval of the creation ofthe proposed district. Such application shall be accompanied by adequatemaps, a general description of the lands proposed to be included in thedistrict and a statement of the source of water supply for the district,and such application shall set forth: (1) The proposed name ofthe irrigation district designated as "__________ Irrigation District No.______" (indicating in blank space number of district in consecutiveorder as incorporated and established); (2) a description of theterritory proposed to be organized as a district, which descriptionshall be deemed sufficient if generally accurate; (3) the names of thequalified owners of irrigable lands within the proposed district, together withaddresses of such persons, if known; (4) the source from which the lands in theproposed district are expected to be irrigated, the character of the works,water rights, canals, ditches, and other property, proposed to be acquired orconstructed for irrigation or drainage purposes in such district; (5) astatement of the need and purpose of organizing, incorporating and establishingsuch proposed district; and (6) a request that the chief engineer define theboundaries of the lands to be benefited within the proposed district, and forapproval of maps, plans and specifications submitted and for a permit approvingorganization of proposed irrigation district. Such application for authority toincorporate shall be accompanied by application for acquisition of permit foruse of water.
History: L. 1941, ch. 262, § 1; L. 1947, ch. 284, § 1; L. 1979,ch. 155, § 1; L. 1992, ch. 70, § 1;L. 2004, ch. 101, § 77; July 1.