2-1908.   Conservation districts; powers.A conservation district organized under the provisions of K.S.A. 2-1901 etseq., and amendments thereto, shall constitute a governmental subdivisionof this state, and a public body corporate and politic, exercising publicpowers, and such district, and the supervisors thereof, shall have thefollowing powers, in addition to others granted in other sections of this act:

      (a)   To conduct surveys, investigations, and research relating to thecharacter of soil erosion, flood damage and the preventive and control measuresneeded, to publish the results of such surveys, investigations, or research,and to disseminate information concerning such preventive and control measures.In order to avoid duplication of research activities, no district shallinitiate any research program except in cooperation with the government of thisstate or any of its agencies, or with the United States or any of its agencies;

      (b)   to conduct demonstrational projects within the district on lands, ownedor controlled by this state or any of its agencies, with the cooperation of theagency administering and having jurisdiction thereof, and on any other landswithin the district upon obtaining the consent of the occupier of such lands orthe necessary rights or interests in such lands, in order to demonstrate byexample the means, methods, and measures by which soil and soil resources maybe conserved, and soil erosion in the form of soil blowing and soil washing maybe prevented and controlled; and to demonstrate by example, the means, methods,and measures by which water and water resources may be conserved, developed,used and disposed of to alleviate drouth, to maintain and improve water qualityand to reduce flooding and impaired drainage;

      (c)   to carry out preventive and control measures within the districtincluding, but not limited to, engineering operations, methods of cultivation,the growing of vegetation, changes in use of land, and the measures listed insubsection C of K.S.A. 2-1902, and amendments thereto, on lands owned orcontrolled by this state or any of its agencies, with the cooperation of theagency administering and having jurisdiction thereof, and on any other landswithin the district upon obtaining the consent of the occupier of such lands orthe necessary rights or interests in such lands;

      (d)   to cooperate, or enter into agreements with, and within the limitationsof appropriations duly made available to it by law, to furnish financial orother aid to, any agency, governmental or otherwise, or any occupier of landswithin the district, in the carrying on of erosion-control flood prevention andwater management operations within the district, subject to such conditions asthe supervisors may deem necessary to advance the purposes of this act;

      (e)   to obtain options upon and to acquire, by purchase, exchange, lease,gift, grant, bequest, devise, or otherwise, any property, real or personal, orrights or interest therein; to maintain, administer, and improve any propertiesacquired, to receive income from such properties and to expend such income incarrying out the purposes and provisions of this act; and to sell, lease, orotherwise dispose of any of its property or interests therein in furtherance ofthe purposes and the provisions of this act;

      (f)   to make available, on such terms as it shall prescribe, to land occupierswithin the district, agricultural and engineering machinery and equipment,fertilizer, seeds, and seedlings, and such other material or equipment, as willassist such land occupiers to carry on operations upon their lands for theconservation of soil resources and for the prevention and controlof soil erosion;

      (g)   to develop comprehensive plans for the conservation of soil and waterresources and for the control and prevention of soil erosion, flood damages,impaired drainage, the effects of drouth within the district and themaintenance and improvement of water quality, which plans shall specify in suchdetail as may be possible, the acts, procedures, performances, and avoidanceswhich are necessary or desirable for the effectuation of such plans, includingthe specification of engineering operations, methods of cultivation, thegrowing of vegetation, cropping programs, tillage practices, and changes in useof land, and to publish such plans and information and bring them to theattention of occupiers of lands within the district;

      (h)   to take over, by purchase, lease, or otherwise, and to administer, anysoil-conservation, erosion-control, or erosion-prevention, flood prevention orwater management project located within its boundaries undertaken by the UnitedStates or any of its agencies, or by this state or any of its agencies; tomanage, as agent of the United States or any of its agencies, or of this stateor any of its agencies, any soil-conservation, erosion-control, orerosion-prevention, flood prevention or water management project within itsboundaries; to act for the district or as agent for the United States, or anyof its agencies, or for this state or any of its agencies, in connection withthe acquisition, construction, operation, maintenance, or administration of anysoil-conservation, erosion-control, or erosion-prevention, flood prevention, orwater management project within its boundaries; to accept donations, gifts, andcontributions in money, services, materials, or otherwise, from the UnitedStates or any of its agencies, or from this state or any of its agencies, andfrom persons, firms, corporations or associations, and to use or expend suchmoneys, services, materials, or other contributions in carryingon its operations;

      (i)   to sue and be sued in the name of the district; to have a seal, whichseal shall be judicially noticed; to have perpetual succession unlessterminated as hereinafter provided; to make and execute contracts and otherinstruments, necessary or convenient to the exercise of its powers; to make,and from time to time amend and repeal, rules and regulations not inconsistentwith this act, to carry into effect its purposes and powers;

      (j)   as a condition to the extending of any benefits under this act, to or theperformance of work upon, any lands not owned or controlled by this state orany of its agencies, the supervisors may require contributions in money,services, materials, or otherwise to any operations conferring such benefits,and may require land occupiers to enter into and perform such agreements orcovenants as to the permanent use of such lands as will tend to prevent orcontrol erosion thereon;

      (k)   no provisions with respect to the acquisition, operation, or dispositionof property by other public bodies shall be applicable to a district organizedhereunder unless the legislature shall specifically so state;

      (l)   the supervisors of any district shall not contract debts or obligationsin the name of the district beyond the current appropriation made available tothe district by the committee or federal grants or other financial sources;

      (m)   to accept and expend funds donated to the district for purposes ofproviding at least 20% cost-share for the purchase of an eligible water rightfrom the holder of the water right under the provisions of K.S.A. 2-1915, andamendments thereto; and

      (n)   to control and eradicate sericea lespedeza within the district in anycounty that the secretary of agriculture has designated as a sericea lespedezadisaster area.

      History:   L. 1937, ch. 5, § 8;L. 1955, ch. 7, § 2;L. 1979, ch. 6, § 3;L. 1988, ch. 396, § 1;L. 2002, ch. 37, § 2;L. 2004, ch. 96, § 3; July 1.