24-1206.Sufficient petition transmitted to chief engineer;investigation, report and approval or disapproval; approval required, when;transmittal of approval to secretary of state and to chairperson of steeringcommittee.(a) If the secretary of state finds the petition to be sufficient as toformand the number and qualifications of the petitioners, the secretary ofstate shall prepare acertified copy of the petition and transmit it to the chiefengineerwithin five days after the secretary ofstate's determination of sufficiency.
(b) Upon receipt of a certified copy of apetition transmitted pursuant to subsection (a) or a certified copy of aresolution transmitted pursuant to K.S.A. 24-1203a, the chiefengineer shallinstituteaninvestigation of each proposed district, its territory andpurposes and, within 90 days after receipt of such copy shall transmit awrittenreport of the chief engineer's findings on the petition orresolution, together with the chief engineer's written approvalor disapproval of the petition or resolution, to the secretary of state andthe acting chairperson of the steering committee named in the petitionor resolution.
(c) The chief engineer shall approve thepetition or resolution if the chief engineer finds and disclosesby the chief engineer's report that:
(1) The lands proposed to be included in each districtcomprisesubstantially a watershed or two or more adjoining watersheds;
(2) each proposed district would not include lands in anyexistingwatershed district;
(3) the statement of purposes contained in the petition orresolution conformswith the intents and purposes of this act;
(4) the lands within each proposed district orpart thereof, aresubject to erosion, floodwater or sediment damage or would be benefited bythe construction of works for the conservation, development, utilization ordisposal of water;
(5) the boundary of each proposed district is defined,as far aspracticable, so as to include all quarter-quarter sections of which morethan 1/2 of each is within the watershed;
(6) the downstream limit of each proposed district isestablishedwith due regard to the location of highways and railroads and the locationand character of existing works of improvement, the boundaries of anyorganized levee, drainage, irrigation and watershed districts, and thephysical characteristics of and the probable relative effect of theoperation of the proposed district upon any flood plane area common to boththe stream or watercourse and any other stream or watercourse; and
(7) the map attached to the petition or resolution and thedescription of landsproposed to be included in each district are adequateand correct, except the chief engineer, in the chief engineer's report, may make anyminorcorrections with respect to the map or the description of lands proposed tobe included in the district to make such map and description of landsconform to the map previously prepared in consultation with the chiefengineer and such corrections shall thereupon become a part of thepetition or resolution and be deemed effective without a recirculation ofthe correctedpetition among the landowners or amendment of the resolution.
(d) If the chief engineer approvesthe petition or resolution, the chief engineer shall transmit acertified copy of the chief engineer's report to the secretary ofstate and to the chairpersonof the steering committee of the district.
History: L. 1953, ch. 477, § 6; L. 1957, ch. 226, § 3; L. 1959, ch. 172, § 5;L. 1961, ch. 193, § 6;L. 1995, ch. 210, § 6; May 4.
24-1206.Sufficient petition transmitted to chief engineer;investigation, report and approval or disapproval; approval required, when;transmittal of approval to secretary of state and to chairperson of steeringcommittee.(a) If the secretary of state finds the petition to be sufficient as toformand the number and qualifications of the petitioners, the secretary ofstate shall prepare acertified copy of the petition and transmit it to the chiefengineerwithin five days after the secretary ofstate's determination of sufficiency.
(b) Upon receipt of a certified copy of apetition transmitted pursuant to subsection (a) or a certified copy of aresolution transmitted pursuant to K.S.A. 24-1203a, the chiefengineer shallinstituteaninvestigation of each proposed district, its territory andpurposes and, within 90 days after receipt of such copy shall transmit awrittenreport of the chief engineer's findings on the petition orresolution, together with the chief engineer's written approvalor disapproval of the petition or resolution, to the secretary of state andthe acting chairperson of the steering committee named in the petitionor resolution.
(c) The chief engineer shall approve thepetition or resolution if the chief engineer finds and disclosesby the chief engineer's report that:
(1) The lands proposed to be included in each districtcomprisesubstantially a watershed or two or more adjoining watersheds;
(2) each proposed district would not include lands in anyexistingwatershed district;
(3) the statement of purposes contained in the petition orresolution conformswith the intents and purposes of this act;
(4) the lands within each proposed district orpart thereof, aresubject to erosion, floodwater or sediment damage or would be benefited bythe construction of works for the conservation, development, utilization ordisposal of water;
(5) the boundary of each proposed district is defined,as far aspracticable, so as to include all quarter-quarter sections of which morethan 1/2 of each is within the watershed;
(6) the downstream limit of each proposed district isestablishedwith due regard to the location of highways and railroads and the locationand character of existing works of improvement, the boundaries of anyorganized levee, drainage, irrigation and watershed districts, and thephysical characteristics of and the probable relative effect of theoperation of the proposed district upon any flood plane area common to boththe stream or watercourse and any other stream or watercourse; and
(7) the map attached to the petition or resolution and thedescription of landsproposed to be included in each district are adequateand correct, except the chief engineer, in the chief engineer's report, may make anyminorcorrections with respect to the map or the description of lands proposed tobe included in the district to make such map and description of landsconform to the map previously prepared in consultation with the chiefengineer and such corrections shall thereupon become a part of thepetition or resolution and be deemed effective without a recirculation ofthe correctedpetition among the landowners or amendment of the resolution.
(d) If the chief engineer approvesthe petition or resolution, the chief engineer shall transmit acertified copy of the chief engineer's report to the secretary ofstate and to the chairpersonof the steering committee of the district.
History: L. 1953, ch. 477, § 6; L. 1957, ch. 226, § 3; L. 1959, ch. 172, § 5;L. 1961, ch. 193, § 6;L. 1995, ch. 210, § 6; May 4.
24-1206.Sufficient petition transmitted to chief engineer;investigation, report and approval or disapproval; approval required, when;transmittal of approval to secretary of state and to chairperson of steeringcommittee.(a) If the secretary of state finds the petition to be sufficient as toformand the number and qualifications of the petitioners, the secretary ofstate shall prepare acertified copy of the petition and transmit it to the chiefengineerwithin five days after the secretary ofstate's determination of sufficiency.
(b) Upon receipt of a certified copy of apetition transmitted pursuant to subsection (a) or a certified copy of aresolution transmitted pursuant to K.S.A. 24-1203a, the chiefengineer shallinstituteaninvestigation of each proposed district, its territory andpurposes and, within 90 days after receipt of such copy shall transmit awrittenreport of the chief engineer's findings on the petition orresolution, together with the chief engineer's written approvalor disapproval of the petition or resolution, to the secretary of state andthe acting chairperson of the steering committee named in the petitionor resolution.
(c) The chief engineer shall approve thepetition or resolution if the chief engineer finds and disclosesby the chief engineer's report that:
(1) The lands proposed to be included in each districtcomprisesubstantially a watershed or two or more adjoining watersheds;
(2) each proposed district would not include lands in anyexistingwatershed district;
(3) the statement of purposes contained in the petition orresolution conformswith the intents and purposes of this act;
(4) the lands within each proposed district orpart thereof, aresubject to erosion, floodwater or sediment damage or would be benefited bythe construction of works for the conservation, development, utilization ordisposal of water;
(5) the boundary of each proposed district is defined,as far aspracticable, so as to include all quarter-quarter sections of which morethan 1/2 of each is within the watershed;
(6) the downstream limit of each proposed district isestablishedwith due regard to the location of highways and railroads and the locationand character of existing works of improvement, the boundaries of anyorganized levee, drainage, irrigation and watershed districts, and thephysical characteristics of and the probable relative effect of theoperation of the proposed district upon any flood plane area common to boththe stream or watercourse and any other stream or watercourse; and
(7) the map attached to the petition or resolution and thedescription of landsproposed to be included in each district are adequateand correct, except the chief engineer, in the chief engineer's report, may make anyminorcorrections with respect to the map or the description of lands proposed tobe included in the district to make such map and description of landsconform to the map previously prepared in consultation with the chiefengineer and such corrections shall thereupon become a part of thepetition or resolution and be deemed effective without a recirculation ofthe correctedpetition among the landowners or amendment of the resolution.
(d) If the chief engineer approvesthe petition or resolution, the chief engineer shall transmit acertified copy of the chief engineer's report to the secretary ofstate and to the chairpersonof the steering committee of the district.
History: L. 1953, ch. 477, § 6; L. 1957, ch. 226, § 3; L. 1959, ch. 172, § 5;L. 1961, ch. 193, § 6;L. 1995, ch. 210, § 6; May 4.
