State Codes and Statutes
Statutes > Kansas > Chapter24 > Article12 > Statutes_1329424-1229
24-1229. Dissolution of portion of district; petition, contents;powers and duties of chief engineer; notice and hearing; evidence;findings, filing; certificate of dissolution; recordation; removal ofdirector upon dissolution, effect.The chief engineer of the division of water resources shall have powerupon proper petition being presented for that purpose to dissolve aportion of a watershed district organized and incorporated under theprovisions of article 12, chapter 24 of the Kansas Statutes Annotated, orany amendments thereto. The petition for dissolution of aportion of a watershed district shall be addressed to the chief engineerof the division of water resources and shall: (1) Describe the territoryto be dissolved by section numbers and fractions thereof and otherplatted areas as appropriate; (2) contain a prayer that the territorydescribed therein be dissolved from the watershed district, naming it;(3) show that the dissolution is being sought by either a majority ofthe board of the watershed district or a majority of the landowners inthe territory to be dissolved. Whenever a petition in conformity withthis section is received by the chief engineer it shall be his dutyforthwith to fix a time for the hearing of such petition and to givenotice thereof which shall be published by the affected watersheddistrict at their expense at least five (5) days before the date fixedfor the hearing. It shall be the duty of the petitioners to showsatisfactory evidence in support of the requested dissolution.
If after such hearing the chief engineer finds that the exclusion ofterritory described in the petition would leave within the district anarea in conformance with the findings considered for the organization ofa district as prescribed in K.S.A. 24-1206 and that the exclusion of the territorydescribed in the petition will not substantially impair theeffectiveness of a general plan of the district which has been approvedby the chief engineer, he shall transmit a written report of hisfindings on the petition, together with his written approval ordisapproval of the petition, to the secretary of state and the secretaryof the board. Upon receipt of such report and approval of the petitionthe secretary of state shall thereupon issue and deliver to thesecretary of the board a certificate of dissolution as to the landswhich are to be excluded from the district fixing the effective date ofsuch dissolution. A certified copy of the certificate of dissolutionshall be recorded in the office of the register of deeds of each countyin which any portion of the district is located: Provided, That, ifthe dissolution of a portion of the territory of a watershed districtremoves one or more directors from the constituted board, the remainingboard of directors shall exercise the powers granted by this act untilsuch time as changes in the board are proposed and effected in a mannerprescribed by K.S.A. 24-1211.
History: L. 1961, ch. 193, § 20; July 1.
