42-722. Dissolution of district; petition to chief engineer. Except as provided by K.S.A. 42-722a, and amendments thereto, whenever a petition signed by a majority of the members of the board of directors of an irrigation district, or by a majority of the qualified owners of irrigable land within a district as defined in K.S.A. 42-701, and amendments thereto, organized or existing under provisions of this act, is presented to the chief engineer praying for the dissolution of the district, and it shall appear from the petition that the district has no real property; that the board of directors has not held a meeting, other than those meetings held for the purpose of considering any aspect of the election of members of the board of directors, for more than one year prior to the date resulting in signing and presentation of the petition; and that the district is not functioning, had ceased to function and will probably continue inoperative and that all indebtedness and obligations of the district have been satisfied, the chief engineer, after such finding, shall issue a certificate in duplicate, declaring the irrigation district dissolved. The chief engineer shall forward the original of the certificate to the secretary of state and the duplicate to the secretary of the board of directors of the irrigation district. The certificate shall: (a) Direct the secretary of the district to file all minutes and records of the district with the county clerk of the county wherein the registered office of the irrigation district is located; (b) direct the officer of such district having custody of any personal property other than moneys to make such disposition as the chief engineer deems proper; and (c) direct the treasurer of such district to transfer to the county treasurers of the counties within such district, moneys held in the name of the district, to be distributed by such treasurer in proportion to the number of acres of each county within the district. The county treasurer shall deposit such moneys into the county general fund. The irrigation district shall be dissolved and cease to exist upon expiration of 30 days after the date of the issuance of such certificate, or upon expiration of 30 days after a final order pursuant to K.S.A. 2000 Supp. 82a-1901, and amendments thereto, or a final judicial determination affirming the findings of the chief engineer, as set out in the certificate, in event that an appeal is taken therefrom.
History: L. 1941, ch. 262, § 22; L. 1974, ch. 197, § 1; L. 1979, ch. 155, § 3; L. 1993, ch. 212, § 2; L. 1999, ch. 130, § 2; July 1.
Structure Kansas Statutes
42-702 Powers and duties of chief engineer; expenses; bond or deposit for costs.
42-704 Permit by chief engineer; articles of incorporation; filing fee; nature of corporation.
42-705 Perpetual existence; powers; eminent domain; bonds; tax levies.
42-709 Provision for preliminary expenses.
42-710 General plan of operation; approval by chief engineer; surveys, maps and estimates.
42-713 Bond resolution; election; publication notice.
42-714 Issuance, sale and delivery of bonds.
42-715 Annual assessments; duties of assessor; map.
42-716 Water rentals or charges.
42-717 Delivery of assessment roll; equalization of assessments.
42-718 Certification of levies to county clerk.
42-719 Compensation of directors.
42-720 Bids for construction work; publication notice; contractor's bond.
42-722 Dissolution of district; petition to chief engineer.
42-722a Cedar Bluff irrigation district No. 6; dissolution; procedure.
42-726 Same; notice by publication; objections in writing.
42-727 Same; hearing on petition.
42-728 Same; payments by petitioners may be required.
42-729 Same; order on petition.
42-730 Same; amendment to articles of incorporation; recordation; effect.