42-394. Waste of water; penalty. That it shall be unlawful for any person entitled to the use of waters under this act for irrigation purposes, to use the same in excessive quantities or to suffer the same to run to waste. And if any person using the waters of any natural stream or other source of supply shall, by reason of his omission to maintain and keep the banks or other appurtenances of the works whereby the same are diverted, conveyed, or stored, in proper repair, or by other negligence knowingly suffers such waters to run to waste, or willfully and wastefully uses water in greater quantity than necessary for his purposes, such person shall be liable to a fine of not less than five dollars and not exceeding three hundred dollars, in the discretion of the court wherein conviction shall be had.
And it shall be unlawful for any water bailiff, ditch rider, or superintendent, or other person in charge or control of the operation of head gates or water gates to laterals or ditches supplying water from any irrigating canal to consumers and users of water, to furnish water to any consumer or user whose laterals are not in proper repair to receive and distribute said water without waste, and any water bailiff, ditch rider, superintendent, or other person so in charge or control of the operation of head gates or water gates as aforesaid, who shall furnish water to any consumer or user whose laterals are not in proper repair to receive and distribute said water without waste, shall be guilty of a misdemeanor and punished by a fine of not less than five dollars nor more than fifty dollars for each and every offense.
And every water bailiff, ditch rider, superintendent, or other person under whose charge or control shall be the operation and management of the water gates or boxes supplying consumers with water, shall have the right to go over and upon the lands of water users for the purpose of determining whether their laterals, ditches, and conduits are clean and in repair and in proper condition to receive and distribute the water in an economic manner.
History: L. 1891, ch. 133, art. 8, § 6; L. 1917, ch. 219, § 1; May 26; R.S. 1923, 42-394.
Structure Kansas Statutes
Article 3 - Irrigation And Irrigation Districts
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.
42-306 Rights of prior appropriator of such waters.
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.
42-315 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.
42-331 Statements by prior proprietors of wells.
42-332 Record of boring of artesian well; filing in other counties.
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.
42-344 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.
42-358 Petition for district; contents.
42-359 Examination of petition; creation of district; form.
42-363 Officers; term; annual election.
42-365 Bonds; tax levy to pay.
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.
42-375 Reports of treasurer of board.
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.
42-383 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.
42-388a Powers of districts organized under 42-357 et seq.
42-388b Irrigation districts organized under 42-357 et seq.; borrowing; bonds.
42-388e Same; mortgage liens; pledge of revenue; depreciation fund; rates.
42-388f Same; suits by bondholders; receivers; duties.
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.
42-393 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.
42-3,103 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.