24-418. Improvements authorized; estimate; construction; bonds; election. The board of directors may cause any or all natural watercourses within the district to be widened and deepened, walls, embankments and levees to be constructed along the banks, and obstructions and sand bars to be removed from the channel thereof, or such other improvements, including detention dams and reservoirs in areas adjacent to such watercourses, to be made thereto as may be deemed necessary to prevent the overflow of such watercourses or protect property from damage thereby. Before any such work shall be contracted for, plans and specifications for such work and an estimate of the cost thereof shall be made under oath by a competent engineer appointed for the purpose and embodied in a written report and filed with the secretary. If, upon consideration of such report and such other information as the board of directors may obtain, it shall be determined by the board of directors that the improvement of any natural watercourse by the removal of obstructions from the channel thereof or otherwise or the construction of any levee, levees, system of levees or detention dams and reservoirs will prevent the overflow of such natural watercourse, and thereby protect all of the lands within the drainage district from injury therefrom, and will be conducive to the public health, convenience or welfare, the board of directors shall have power to cause such levee, levees or such detention dams and reservoirs to be constructed and such other improvement and work to be done, and to issue bonds not exceeding in amount 20% on the taxable property of the district as shown by the assessment and tax rolls of the next preceding year to pay the cost thereof, such bonds to be paid by a general tax to be levied upon all of the taxable property within the drainage district issuing the same, except that: (1) Such improvement shall not be made until it has been authorized by a vote of the taxpayers of the district, at a special election to be called and held for that purpose at such time and place and in such manner as the board of directors may prescribe by an order entered upon its journal; and (2) the board of directors of the drainage district shall have no power to remove, lower or injure any dam constructed by any city in this state in or across any nonnavigable natural watercourse for the purpose of holding or storing water for the use of the city and its inhabitants, or to make any excavation or ditch to permit the flow of water around or by said dam, without first filing an application with the division of water resources of the Kansas department of agriculture 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.
Structure Kansas Statutes
Chapter 24 - Drainage And Levees
Article 4 - Drainage Districts Within Counties Or Cities
24-401 Organization of drainage districts; duties of board of county commissioners.
24-402 Lands within cities may be included in drainage district.
24-403 Petition for organization of drainage district; definitions.
24-403a Inclusion of land located in other benefit districts.
24-404 Time and notice of hearing.
24-405 Hearing of petition; corporate name; perpetual succession.
24-406 Record of organization; first election; description of lands.
24-407 Powers of drainage districts.
24-408 Powers of districts incorporated under law of 1905.
24-408a Sanitary sewers of district; bonds.
24-409 Board of directors; members' qualifications and terms.
24-410 Who may vote at elections; definitions.
24-412 Elections of directors, when; term of office.
24-412a Directors' names and district description to secretary of state.
24-413 Vacancy in office of director.
24-417 Engineer; plans and specifications.
24-418 Improvements authorized; estimate; construction; bonds; election.
24-419 Board to determine work to be done; surveys; estimates; reports.
24-420 Action of board on engineer's report; special election; issuance of bonds.
24-421 Change of channel of natural watercourse; issuance of bonds; levy of assessments.
24-422 Assessment of cost against landowners; appointment of assessors, qualifications.
24-423 Same; meeting of taxpayers, when; notice; vote.
24-424 Hearing on assessments; notice; equalization; time for bringing actions.
24-425 Election upon bond issue; notice; canvass of returns.
24-426 Manner of letting contracts; bond of contractor; tools and machinery.
24-428 Bond elections; costs included.
24-429 Prevention of overflow of streams.
24-430 Installment assessments or bonds.
24-433 Levy and collection of assessments to pay bonds.
24-434 Construction and purposes of act; limitation of actions.
24-435 Supplemental assessments to correct errors.
24-436 Relevy of assessments; when.
24-437 Order requiring railroad to elevate tracks; mandamus.
24-438 Eminent domain proceedings.
24-448 Contracts with federal agencies.
24-449 Cooperation of districts; aid from persons or corporations; letting of contracts.
24-450 Contract with railroad company.
24-450a Counties of 140,000; contract with railroad company; tax levy.
24-451 Section 24-426 inapplicable to 24-448 through 24-450.
24-452 Sewers through levees; floodgates and pumping apparatus; duty of cities; costs.
24-453 Watercourses on boundary of district; jurisdiction; sale of abandoned channel.
24-454 Lands in abandoned watercourse; sale; appraisement.
24-455 Failure of director to perform duty; penalty.
24-456 Penalty for unlawful acts.
24-457 Liability for damages for injury.
24-458 Incorporation of district where owners of three-fifths of land are nonresidents; petition.
24-459 Directors; election; term; eligible voters.
24-460 Same; application of act of 1905.
24-461 Same; application of act.
24-462 Additional assessments where installment levies and bond proceeds insufficient; limitation.
24-463 Enlargement of district; petition.
24-464 Same; contents of petition.
24-465 Same; notice of hearing.
24-466 Same; hearing on petition.
24-467 Same; eminent domain proceedings.
24-468 Same; drainage outside district; agreement with landowner.
24-469 Same; benefits to adjoining land; incorporation into district; proceedings.
24-470 Harbor lines along navigable streams.
24-471 Appropriation of land at harbor lines.
24-472 How appropriation made; duties of governor.
24-473 Penalty for interfering with possession of such property; removal from property.
24-474 Action to ascertain ownership of and compensation for such land.
24-475 Payment of judgment, cost and award; bonds; tax levy; reversion of land, when; damages.
24-476 When railway company not to be deprived of easement in such land.
24-477 Removal of personal property from land so appropriated; mandamus.
24-478 Sections 24-470 through 24-480 supplemental to act of 1905.
24-479 Grant of easements in strip of land so appropriated; relinquishment of land.
24-481 Application for incorporation of drainage district under article 7; when.
24-482 Notice of hearing on application; publication; continuance.
24-483 Duties of county commissioners; style and powers of drainage district.
24-484 Directors, qualifications; voters, qualifications.
24-485 Laws governing district after incorporation.
24-486 Authority and powers of drainage district; bond issue; with and without election.
24-487 Validity of 24-481 through 24-487a.
24-487a Construction of 24-481 through 24-487.
24-489 Dike or levee improvement in certain districts.
24-490 Same; acquisition of land.
24-491 Same; money or credits from federal government.
24-493 Same; duties of county engineer.
24-495 Expenditure from general fund.
24-496 Same; improvements authorized.
24-499a Same; expenditure of funds from district without budgeting.
24-4,100 Dissolution of certain inoperative districts located wholly within cities; procedure.