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Statutes > Kansas > Chapter24 > Article4 > Statutes_13050

24-453

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

      24-453.   Watercourses on boundary of district; jurisdiction; sale ofabandoned channel.Every watercourse any section or reach of which runs through orconstitutes a boundary of any drainage district shall, within themeaning and intent of this act, be deemed to be within such district forthe distance that it runs through or constitutes such boundary thereof;and whenever any watercourse constitutes a boundary of any district,such district shall have jurisdiction and control over the whole widthof such watercourse between the banks of highwater mark for the distancethat such watercourse constitutes such boundary, except that in caseswhere drainage districts shall be organized on opposite sides of andbounded by the same watercourse or the watercourse is the boundary of thestate of Kansas, the jurisdiction and control of suchdistricts shall respectively extend from the bank on the side of suchwatercourse on which the district is located to the center of the mainchannel thereof. When a drainage district has beenincorporated under the provisions of this act after the whole or anyportion of the channel of any watercourse, title to which is vested inthe state of Kansas, which watercourse constitutes a boundary of anysuch drainage district, shall be abandoned, or no longer used for achannel, the secretary of state shall cause the same to be surveyed andsold in accordance with the provisions of K.S.A. 82a-209 to 82a-211,inclusive, and the purchasers of said land so sold shall take fee titlesubject only to the drainage district's rights to exclusive control andpossession for its corporate purposes including impoundment rights,flowage easements and other interests of the drainage district essentialto its plan of flood protection or reclamation, and said purchasersshall have the full enjoyment of said lands subject only to theaforementioned rights of the drainage district.

      History:   L. 1905, ch. 215, § 53; R.S. 1923, 24-453; L. 1967, ch.206, § 1; L. 1978, ch. 430, § 4; April 1.