Chapter 42.—IRRIGATION

Kansas Statutes

Chapter 42.—IRRIGATION

Cross References to Related Sections:

Watershed Districts, see chapter 24, article 12.

Waters and Watercourses, see chapter 82a.

Division of Water Resources, State Board of Agriculture, see 74-506a et seq.

Water Office and Water Authority, see chapter 74, article 26.

Law Review and Bar Journal References:

"Legal Constraints on Diverting Water from Eastern Kansas to Western Kansas," John C. Peck, 30 K.L.R. 160, 168, 175, 202, 203, 206, 207, 210, 211, 212 (1982).

"Condemnation of Water and Water Rights in Kansas," John C. Peck and Kent Weatherby, 42 K.L.R. 827, 839 (1994).

Article 1.—GENERAL PROVISIONS
- 42-101 Repealed.
- 42-102 Repealed.
- 42-103 Repealed.
- 42-104 Repealed.
- 42-105 Repealed.
- 42-106 Works constructed prior to 1884.
- 42-107 Rights of way acquired on unoccupied lands prior to 1892.
- 42-108 Measure of damages for right of way over unoccupied lands, when.
- 42-109 Repealed.
- 42-110 through 42-118 Repealed.
- 42-119 Lien upon crop for water furnished under contract for irrigation purposes.
- 42-120 Powers of canal corporations.
- 42-121 Water rights and shares in irrigation companies; transfer.
- 42-122 Unlawful acts affecting irrigating canals; penalty.
Article 2.—JOINT KANSAS-COLORADO COMMISSION (Not in active use)
- 42-201, 42-202 Repealed.
Article 3.—IRRIGATION AND IRRIGATION DISTRICTS
- 42-301 Repealed.
- 42-302 Extent of appropriation; residue of waters.
- 42-303 Right to conduct water along natural channels and withdraw same.
- 42-304 Change of natural channel so as to prevent inflow into ditch or conduit.
- 42-305 Repealed.
- 42-306 Rights of prior appropriator of such waters.
- 42-307 Repealed.
- 42-308 User; forfeiture.
- 42-309 Rights subject to eminent domain.
- 42-310 Right to continuance of use of water procured from carrier by contract.
- 42-311 Right to take water for domestic uses.
- 42-312 Such person responsible for injury or pollution.
- 42-313 Right to collect and store water.
- 42-314 Repealed.
- 42-315 Right of use of water subject to eminent domain.
- 42-316 Right of way and site for works for diverting, storing or conveying water.
- 42-317 Condemnation of lands for site or way.
- 42-318 Condemnation of land for public mill or manufactory.
- 42-319 Construction of work in city or town.
- 42-320 Abandonment of right-of-way or site.
- 42-321 Structures for the prevention of floods and waste; liability for damage.
- 42-322 Duty to maintain and supply water; damage liability for failure; contracts not affected.
- 42-323 Head gate, rating flume and lock; delivery of key to officer.
- 42-324 Structures in lieu of head gate; delivery of key.
- 42-325 Waste gate and tailrace where waters cause damage; discharge of water.
- 42-326 Procurement of waters through like works of other proprietors.
- 42-327 Outlets and gates for convenient delivery of water; contracts; construction of embankments.
- 42-328 Superintendent; duties; salary.
- 42-329 Distribution of water at source of supply among proprietors of works.
- 42-330 Record of boring of artesian well; contents; record and statement to be filed with register of deeds.
- 42-331 Statements by prior proprietors of wells.
- 42-332 Record of boring of artesian well; filing in other counties.
- 42-333 through 42-338 Repealed.
- 42-339 Dam or embankment as part of highway; township aid; repairs and guardrails.
- 42-340 Agreements as to distribution of water from works.
- 42-341 Agreements as to rotation of water among consumers.
- 42-342 Agreements between proprietors of two or more works as to rotation of water.
- 42-343 Filing copy of agreement for rotation of water with superintendent; water to be distributed according to such agreement.
- 42-344 Agreements between proprietors injurious to other proprietors.
- 42-345 Certain agreements between proprietors not allowed; proceedings to annul.
- 42-346 Agreement for rotation of water not to affect prior rights.
- 42-347 Agreements for more than one season to be recorded.
- 42-348 Gates or barways in fences; liability for failure to close.
- 42-349 Bridges and viaducts; when maintained by county or township.
- 42-350 Same; restoration of highway.
- 42-351 Same; existing structures across roads; repair and maintenance; tax levy upon failure.
- 42-352 Bridges by owner of land for own use.
- 42-353 Lands saturated with seepage waters.
- 42-354 Same; damages ascertained under laws relating to eminent domain.
- 42-355 Appeal to state board, hearings; commission to fix rates for water from irrigation company.
- 42-356 Powers of commission.
- 42-357 Creation of districts.
- 42-358 Petition for district; contents.
- 42-359 Examination of petition; creation of district; form.
- 42-360 through 42-362 Repealed.
- 42-363 Officers; term; annual election.
- 42-364 Qualifications of voters and officers; election precincts in districts; returns of election; annual election; notice.
- 42-365 Bonds; tax levy to pay.
- 42-366 Petition for bonds.
- 42-367 Hearing on petition.
- 42-368 Bond election; notice.
- 42-369 Issuance of such bonds.
- 42-370 Sale of bonds; use of funds.
- 42-371 Purchase of irrigation works by district; election; payment.
- 42-372 Contracts for works; bids.
- 42-373 Bond of contractor; payment.
- 42-374 Board of irrigation commissioners; rules and regulations; rates for water; use of funds from sales.
- 42-375 Reports of treasurer of board.
- 42-376 Disbursements.
- 42-377 Tax levy by board, when.
- 42-378 Extension of main ditches into other counties.
- 42-379 Compensation of board; bonds of officers; delivery of books to successors.
- 42-380 Superintendent of district; term; compensation.
- 42-381 Formation of districts comprising contiguous territory in two or more counties; petition; election.
- 42-382 Same; procedure.
- 42-383 Same; outline map to be attached to petition.
- 42-384 Same; bond election may be held at same time.
- 42-385 Registration of bonds of district composed of territory in two or more counties.
- 42-386 Name of district comprising territory in two or more counties.
- 42-387 Certification of plat and order creating district.
- 42-388 Laws applicable.
- 42-388a Powers of districts organized under K.S.A. 42-357 et seq.
- 42-388b Irrigation districts organized under K.S.A. 42-357 et seq.; borrowing; bonds.
- 42-388c Same; sale of bonds.
- 42-388d Irrigation districts organized under K.S.A. 42-357 et seq.; accounts; audits; treasurer's bond; custodian of funds.
- 42-388e Same; mortgage liens; pledge of revenue; depreciation fund; rates.
- 42-388f Same; suits by bondholders; receivers; duties.
- 42-388g Same; eminent domain.
- 42-388h Same; invalidity of part.
- 42-389 Discrimination in rates unlawful; recovery of illegal payments; costs and attorney fees.
- 42-390 Same; penalty for excessive charges.
- 42-391 Refusal to furnish water upon tender of charges; penalty; rights of parties owning ditch or other works.
- 42-392 Superintendent of ditch or works; service of process upon; certification of name to district court; vacancies.
- 42-393 Penalty for failure of superintendent to deliver water.
- 42-394 Waste of water; penalty.
- 42-395 Unlawful acts affecting works; penalty.
- 42-396 Unlawful acts affecting works; penalty for second offense.
- 42-397 Repeated unlawful diversion as evidence.
- 42-398 Entry upon premises by officers.
- 42-399 Unlawful acts affecting artesian well; penalty.
- 42-3,100 Closing head gates for failure to construct rating flume or measuring device.
- 42-3,101 Penalty for failure to construct devices, or to lock head gate and deliver key, or to maintain such devices.
- 42-3,102 Procedure upon failure of proprietors to construct or maintain head gate; costs; attorney fees; sale of proprietors' rights to pay cost; liability of proprietors; penalty for unlawful acts.
- 42-3,103 Inspection of works; condemnation and abatement.
- 42-3,104 Damage liability for negligent or unlawful construction of work; penalty for unlawful act.
- 42-3,105 Complaint by person fearing injury or damage.
- 42-3,106 Same; orders of district court; injunction; costs.
- 42-3,107 Abatement of structure as nuisance by sheriff; costs.
- 42-3,108 Same; payment of costs.
- 42-3,109 Repealed.
- 42-3,110 False swearing.
- 42-3,111 Civil liability of officers.
Article 4.—ARTESIAN WELLS, STORAGE RESERVOIRS AND WORKS CONNECTED THEREWITH (Not in active use)
- 42-401 through 42-415 Repealed.
- 42-416 through 42-420 Repealed.
- 42-421 Repealed.
- 42-422 through 42-427 Repealed.
- 42-428, 42-429 Repealed.
Article 5.—EXPERIMENTAL TEST AND ARTESIAN WELLS (Not in active use)
- 42-501 through 42-504 Repealed.
- 42-505, 42-506 Repealed.
Article 6.—MISCELLANEOUS PROVISIONS
- 42-601 through 42-606 Repealed.
- 42-607 through 42-609 Repealed.
- 42-610 Greeley county.
- 42-611 Hamilton county.
- 42-612 Lane county.
- 42-613 Wichita county.
- 42-614 Ford county.
- 42-615 Sale of state irrigation farm in Scott county.
- 42-616 Disposal of state irrigation property in Wallace county.
- 42-617 Sale of irrigation farm at Selkirk.
- 42-618 Sale of state irrigation property in Scott, Wichita and Wallace counties.
- 42-619 Scott county.
Article 7.—DISTRICTS

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