2-1908.Conservation districts; powers.
A conservation district organized under the provisions of K.S.A. 2-1901 et
seq., and amendments thereto, shall constitute a governmental subdivision
of this state, and a public body corporate and politic, exercising public
powers, and such district, and the supervisors thereof, shall have the
following powers, in addition to others granted in other sections of this act:
(a) To conduct surveys, investigations, and research relating to the
character of soil erosion, flood damage and the preventive and control measures
needed, 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 shall
initiate any research program except in cooperation with the government of this
state 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, owned
or controlled by this state or any of its agencies, with the cooperation of the
agency administering and having jurisdiction thereof, and on any other lands
within the district upon obtaining the consent of the occupier of such lands or
the necessary rights or interests in such lands, in order to demonstrate by
example the means, methods, and measures by which soil and soil resources may
be conserved, and soil erosion in the form of soil blowing and soil washing may
be 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 quality
and to reduce flooding and impaired drainage;
(c) to carry out preventive and control measures within the district
including, but not limited to, engineering operations, methods of cultivation,
the growing of vegetation, changes in use of land, and the measures listed in
subsection C of K.S.A. 2-1902, and amendments thereto, on lands owned or
controlled by this state or any of its agencies, with the cooperation of the
agency administering and having jurisdiction thereof, and on any other lands
within the district upon obtaining the consent of the occupier of such lands or
the necessary rights or interests in such lands;
(d) to cooperate, or enter into agreements with, and within the limitations
of appropriations duly made available to it by law, to furnish financial or
other aid to, any agency, governmental or otherwise, or any occupier of lands
within the district, in the carrying on of erosion-control flood prevention and
water management operations within the district, subject to such conditions as
the 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, or
rights or interest therein; to maintain, administer, and improve any properties
acquired, to receive income from such properties and to expend such income in
carrying out the purposes and provisions of this act; and to sell, lease, or
otherwise dispose of any of its property or interests therein in furtherance of
the purposes and the provisions of this act;
(f) to make available, on such terms as it shall prescribe, to land occupiers
within the district, agricultural and engineering machinery and equipment,
fertilizer, seeds, and seedlings, and such other material or equipment, as will
assist such land occupiers to carry on operations upon their lands for the
conservation of soil resources and for the prevention and control
of soil erosion;
(g) to develop comprehensive plans for the conservation of soil and water
resources and for the control and prevention of soil erosion, flood damages,
impaired drainage, the effects of drouth within the district and the
maintenance and improvement of water quality, which plans shall specify in such
detail as may be possible, the acts, procedures, performances, and avoidances
which are necessary or desirable for the effectuation of such plans, including
the specification of engineering operations, methods of cultivation, the
growing of vegetation, cropping programs, tillage practices, and changes in use
of land, and to publish such plans and information and bring them to the
attention of occupiers of lands within the district;
(h) to take over, by purchase, lease, or otherwise, and to administer, any
soil-conservation, erosion-control, or erosion-prevention, flood prevention or
water management project located within its boundaries undertaken by the United
States or any of its agencies, or by this state or any of its agencies; to
manage, as agent of the United States or any of its agencies, or of this state
or any of its agencies, any soil-conservation, erosion-control, or
erosion-prevention, flood prevention or water management project within its
boundaries; to act for the district or as agent for the United States, or any
of its agencies, or for this state or any of its agencies, in connection with
the acquisition, construction, operation, maintenance, or administration of any
soil-conservation, erosion-control, or erosion-prevention, flood prevention, or
water management project within its boundaries; to accept donations, gifts, and
contributions in money, services, materials, or otherwise, from the United
States or any of its agencies, or from this state or any of its agencies, and
from persons, firms, corporations or associations, and to use or expend such
moneys, services, materials, or other contributions in carrying
on its operations;
(i) to sue and be sued in the name of the district; to have a seal, which
seal shall be judicially noticed; to have perpetual succession unless
terminated as hereinafter provided; to make and execute contracts and other
instruments, necessary or convenient to the exercise of its powers; to make,
and from time to time amend and repeal, rules and regulations not inconsistent
with 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 the
performance of work upon, any lands not owned or controlled by this state or
any 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 or
covenants as to the permanent use of such lands as will tend to prevent or
control erosion thereon;
(k) no provisions with respect to the acquisition, operation, or disposition
of property by other public bodies shall be applicable to a district organized
hereunder unless the legislature shall specifically so state;
(l) the supervisors of any district shall not contract debts or obligations
in the name of the district beyond the current appropriation made available to
the district by the committee or federal grants or other financial sources;
(m) to accept and expend funds donated to the district for purposes of
providing at least 20% cost-share for the purchase of an eligible water right
from the holder of the water right under the provisions of K.S.A. 2-1915, and
amendments thereto; and
(n) to control and eradicate sericea lespedeza within the district in any
county that the secretary of agriculture has designated as a sericea lespedeza
disaster 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.
2-1908.Conservation districts; powers.
A conservation district organized under the provisions of K.S.A. 2-1901 et
seq., and amendments thereto, shall constitute a governmental subdivision
of this state, and a public body corporate and politic, exercising public
powers, and such district, and the supervisors thereof, shall have the
following powers, in addition to others granted in other sections of this act:
(a) To conduct surveys, investigations, and research relating to the
character of soil erosion, flood damage and the preventive and control measures
needed, 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 shall
initiate any research program except in cooperation with the government of this
state 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, owned
or controlled by this state or any of its agencies, with the cooperation of the
agency administering and having jurisdiction thereof, and on any other lands
within the district upon obtaining the consent of the occupier of such lands or
the necessary rights or interests in such lands, in order to demonstrate by
example the means, methods, and measures by which soil and soil resources may
be conserved, and soil erosion in the form of soil blowing and soil washing may
be 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 quality
and to reduce flooding and impaired drainage;
(c) to carry out preventive and control measures within the district
including, but not limited to, engineering operations, methods of cultivation,
the growing of vegetation, changes in use of land, and the measures listed in
subsection C of K.S.A. 2-1902, and amendments thereto, on lands owned or
controlled by this state or any of its agencies, with the cooperation of the
agency administering and having jurisdiction thereof, and on any other lands
within the district upon obtaining the consent of the occupier of such lands or
the necessary rights or interests in such lands;
(d) to cooperate, or enter into agreements with, and within the limitations
of appropriations duly made available to it by law, to furnish financial or
other aid to, any agency, governmental or otherwise, or any occupier of lands
within the district, in the carrying on of erosion-control flood prevention and
water management operations within the district, subject to such conditions as
the 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, or
rights or interest therein; to maintain, administer, and improve any properties
acquired, to receive income from such properties and to expend such income in
carrying out the purposes and provisions of this act; and to sell, lease, or
otherwise dispose of any of its property or interests therein in furtherance of
the purposes and the provisions of this act;
(f) to make available, on such terms as it shall prescribe, to land occupiers
within the district, agricultural and engineering machinery and equipment,
fertilizer, seeds, and seedlings, and such other material or equipment, as will
assist such land occupiers to carry on operations upon their lands for the
conservation of soil resources and for the prevention and control
of soil erosion;
(g) to develop comprehensive plans for the conservation of soil and water
resources and for the control and prevention of soil erosion, flood damages,
impaired drainage, the effects of drouth within the district and the
maintenance and improvement of water quality, which plans shall specify in such
detail as may be possible, the acts, procedures, performances, and avoidances
which are necessary or desirable for the effectuation of such plans, including
the specification of engineering operations, methods of cultivation, the
growing of vegetation, cropping programs, tillage practices, and changes in use
of land, and to publish such plans and information and bring them to the
attention of occupiers of lands within the district;
(h) to take over, by purchase, lease, or otherwise, and to administer, any
soil-conservation, erosion-control, or erosion-prevention, flood prevention or
water management project located within its boundaries undertaken by the United
States or any of its agencies, or by this state or any of its agencies; to
manage, as agent of the United States or any of its agencies, or of this state
or any of its agencies, any soil-conservation, erosion-control, or
erosion-prevention, flood prevention or water management project within its
boundaries; to act for the district or as agent for the United States, or any
of its agencies, or for this state or any of its agencies, in connection with
the acquisition, construction, operation, maintenance, or administration of any
soil-conservation, erosion-control, or erosion-prevention, flood prevention, or
water management project within its boundaries; to accept donations, gifts, and
contributions in money, services, materials, or otherwise, from the United
States or any of its agencies, or from this state or any of its agencies, and
from persons, firms, corporations or associations, and to use or expend such
moneys, services, materials, or other contributions in carrying
on its operations;
(i) to sue and be sued in the name of the district; to have a seal, which
seal shall be judicially noticed; to have perpetual succession unless
terminated as hereinafter provided; to make and execute contracts and other
instruments, necessary or convenient to the exercise of its powers; to make,
and from time to time amend and repeal, rules and regulations not inconsistent
with 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 the
performance of work upon, any lands not owned or controlled by this state or
any 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 or
covenants as to the permanent use of such lands as will tend to prevent or
control erosion thereon;
(k) no provisions with respect to the acquisition, operation, or disposition
of property by other public bodies shall be applicable to a district organized
hereunder unless the legislature shall specifically so state;
(l) the supervisors of any district shall not contract debts or obligations
in the name of the district beyond the current appropriation made available to
the district by the committee or federal grants or other financial sources;
(m) to accept and expend funds donated to the district for purposes of
providing at least 20% cost-share for the purchase of an eligible water right
from the holder of the water right under the provisions of K.S.A. 2-1915, and
amendments thereto; and
(n) to control and eradicate sericea lespedeza within the district in any
county that the secretary of agriculture has designated as a sericea lespedeza
disaster 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.
2-1908.Conservation districts; powers.
A conservation district organized under the provisions of K.S.A. 2-1901 et
seq., and amendments thereto, shall constitute a governmental subdivision
of this state, and a public body corporate and politic, exercising public
powers, and such district, and the supervisors thereof, shall have the
following powers, in addition to others granted in other sections of this act:
(a) To conduct surveys, investigations, and research relating to the
character of soil erosion, flood damage and the preventive and control measures
needed, 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 shall
initiate any research program except in cooperation with the government of this
state 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, owned
or controlled by this state or any of its agencies, with the cooperation of the
agency administering and having jurisdiction thereof, and on any other lands
within the district upon obtaining the consent of the occupier of such lands or
the necessary rights or interests in such lands, in order to demonstrate by
example the means, methods, and measures by which soil and soil resources may
be conserved, and soil erosion in the form of soil blowing and soil washing may
be 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 quality
and to reduce flooding and impaired drainage;
(c) to carry out preventive and control measures within the district
including, but not limited to, engineering operations, methods of cultivation,
the growing of vegetation, changes in use of land, and the measures listed in
subsection C of K.S.A. 2-1902, and amendments thereto, on lands owned or
controlled by this state or any of its agencies, with the cooperation of the
agency administering and having jurisdiction thereof, and on any other lands
within the district upon obtaining the consent of the occupier of such lands or
the necessary rights or interests in such lands;
(d) to cooperate, or enter into agreements with, and within the limitations
of appropriations duly made available to it by law, to furnish financial or
other aid to, any agency, governmental or otherwise, or any occupier of lands
within the district, in the carrying on of erosion-control flood prevention and
water management operations within the district, subject to such conditions as
the 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, or
rights or interest therein; to maintain, administer, and improve any properties
acquired, to receive income from such properties and to expend such income in
carrying out the purposes and provisions of this act; and to sell, lease, or
otherwise dispose of any of its property or interests therein in furtherance of
the purposes and the provisions of this act;
(f) to make available, on such terms as it shall prescribe, to land occupiers
within the district, agricultural and engineering machinery and equipment,
fertilizer, seeds, and seedlings, and such other material or equipment, as will
assist such land occupiers to carry on operations upon their lands for the
conservation of soil resources and for the prevention and control
of soil erosion;
(g) to develop comprehensive plans for the conservation of soil and water
resources and for the control and prevention of soil erosion, flood damages,
impaired drainage, the effects of drouth within the district and the
maintenance and improvement of water quality, which plans shall specify in such
detail as may be possible, the acts, procedures, performances, and avoidances
which are necessary or desirable for the effectuation of such plans, including
the specification of engineering operations, methods of cultivation, the
growing of vegetation, cropping programs, tillage practices, and changes in use
of land, and to publish such plans and information and bring them to the
attention of occupiers of lands within the district;
(h) to take over, by purchase, lease, or otherwise, and to administer, any
soil-conservation, erosion-control, or erosion-prevention, flood prevention or
water management project located within its boundaries undertaken by the United
States or any of its agencies, or by this state or any of its agencies; to
manage, as agent of the United States or any of its agencies, or of this state
or any of its agencies, any soil-conservation, erosion-control, or
erosion-prevention, flood prevention or water management project within its
boundaries; to act for the district or as agent for the United States, or any
of its agencies, or for this state or any of its agencies, in connection with
the acquisition, construction, operation, maintenance, or administration of any
soil-conservation, erosion-control, or erosion-prevention, flood prevention, or
water management project within its boundaries; to accept donations, gifts, and
contributions in money, services, materials, or otherwise, from the United
States or any of its agencies, or from this state or any of its agencies, and
from persons, firms, corporations or associations, and to use or expend such
moneys, services, materials, or other contributions in carrying
on its operations;
(i) to sue and be sued in the name of the district; to have a seal, which
seal shall be judicially noticed; to have perpetual succession unless
terminated as hereinafter provided; to make and execute contracts and other
instruments, necessary or convenient to the exercise of its powers; to make,
and from time to time amend and repeal, rules and regulations not inconsistent
with 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 the
performance of work upon, any lands not owned or controlled by this state or
any 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 or
covenants as to the permanent use of such lands as will tend to prevent or
control erosion thereon;
(k) no provisions with respect to the acquisition, operation, or disposition
of property by other public bodies shall be applicable to a district organized
hereunder unless the legislature shall specifically so state;
(l) the supervisors of any district shall not contract debts or obligations
in the name of the district beyond the current appropriation made available to
the district by the committee or federal grants or other financial sources;
(m) to accept and expend funds donated to the district for purposes of
providing at least 20% cost-share for the purchase of an eligible water right
from the holder of the water right under the provisions of K.S.A. 2-1915, and
amendments thereto; and
(n) to control and eradicate sericea lespedeza within the district in any
county that the secretary of agriculture has designated as a sericea lespedeza
disaster 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.