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Statutes > Kansas > Chapter24 > Article4 > Statutes_13019

24-418

Chapter 24.--DRAINAGE AND LEVEES
Article 4.--DRAINAGE DISTRICTS WITHIN COUNTIES OR CITIES

      24-418.   Improvements authorized; estimate;construction; bonds;election.The board of directors may cause any or all natural watercourses withinthe district to be widened and deepened, walls, embankments and leveesto be constructed along the banks, and obstructions and sand bars to beremoved from the channel thereof, or such other improvements, includingdetention dams and reservoirs in areas adjacent to such watercourses, tobe made thereto as may be deemed necessary to prevent the overflow ofsuch watercourses or protect property from damage thereby. Beforeany such work shall be contracted for, plans and specifications for suchwork and an estimate of the cost thereof shall be made under oath by acompetent engineer appointed for the purpose and embodied in awritten report and filed with the secretary. If, upon considerationof such report and such other information as the board ofdirectors may obtain, it shallbe determined by the board of directors that the improvement of anynatural watercourse by the removal of obstructions from the channelthereof or otherwise or the construction of any levee, levees, system oflevees or detention dams and reservoirs will prevent the overflow ofsuch natural watercourse, and thereby protect all of the lands within thedrainage district from injury therefrom, and will be conducive tothe public health, convenience or welfare, the board of directorsshall have power to cause such levee, levees or such detention dams andreservoirs to be constructed and such other improvement and work to bedone, and to issue bonds not exceeding in amount 20% onthe taxable property of the district as shown by the assessment and taxrolls of the next preceding year to pay the cost thereof, such bonds tobe paid by a general tax to be levied upon all of the taxable property withinthe drainage district issuing the same, except that: (1) Such improvement shallnot be made until it has been authorized by a vote of the taxpayers of thedistrict, at a special election to be called and held for that purpose at suchtime and place and in such manner as the board of directors may prescribe by anorder entered upon its journal; and (2) the board of directors of the drainagedistrict shall have no power to remove, lower or injure any dam constructed byany city in this state in or across any nonnavigable natural watercourse forthe purpose of holding or storing water for the use of the city and itsinhabitants, or to make any excavation or ditch to permit the flow of wateraround or by said dam, without first filing an application with the division ofwater resources of the Kansas department ofagriculture pursuant to K.S.A. 82a-301 and amendments thereto.

      History:   R.S. 1923, 24-418; L. 1951, ch. 262, § 3; L.1975, ch. 427, § 64;L. 1995, ch. 116, § 8;L. 2004, ch. 101, § 70; July 1.