82a-1338. Same; formation of water assurance district; election required, procedure; certificate of incorporation. Within 10 days after receipt of a certified copy of the chief engineer's report approving the petition, as required by K.S.A. 82a-1335, or the petition as amended, the chairperson of the steering committee of the proposed district shall call a meeting of the committee by mailing a written notice fixing the time and place of such meeting to each member of the committee. The committee shall meet at the time and place fixed in the notice for the purpose of adopting a resolution giving notice of an election at which all eligible water right holders shall be entitled to vote on the question of whether the district should be formed in accordance with the petition as approved by the chief engineer. A copy of such resolution shall be mailed to all eligible water right holders within the proposed district not less than 21 days prior to such election. The resolution shall state when and where the election shall be held and the proposition to be voted on. It shall contain a copy of the petition as approved by the chief engineer (omitting the map attached as an exhibit) and shall be signed by the chairperson and attested by the secretary of the steering committee. The steering committee shall conduct the election, canvass the vote, and certify the results to the secretary of state. If eligible water right holders representing more than 50% of the combined quantities of the eligible water rights within the proposed district vote in favor of the organization and creation of the district, the secretary of state shall issue to the steering committee a certificate of incorporation for the district, which shall be filed of record in the office of the register of deeds of each county in which all or a portion of the district lies. Upon such recordation of the certificate of incorporation, the district shall be authorized to function in accordance with the provision of this act and its certificate of incorporation. If eligible water right holders representing more than 50% of the combined quantities of the eligible water rights within the proposed district vote against the organization and creation of the district, the secretary of state shall endorse that fact on the face of the petition and the proceedings shall be closed. No action attacking the legal incorporation of any water assurance district organized under this section shall be maintained unless filed within 90 days after the issuance of the certificate of incorporation for such district by the secretary of state, nor shall the alleged illegality of the incorporation of any such district be interposed as a defense to any action brought after such time.
History: L. 1986, ch. 391, ยง 9; July 1.
Structure Kansas Statutes
Chapter 82a - Waters And Watercourses
82a-1301 State water plan storage act; definitions.
82a-1302 Same; waters subject to act.
82a-1305 Same; withdrawal and use of waters; contracts for withdrawal; disposal of surplus water.
82a-1308a Same; establishment of rates, components; considerations.
82a-1309 Same; meters, gauges or other measuring devices; director, authority.
82a-1310a Same; application to enter into contract, contents.
82a-1311a Same; contract negotiations; authority approval, considerations.
82a-1312 Same; contracts filed with chief engineer.
82a-1313 Same; withdrawal of water under contract; exercise and protection of rights.
82a-1314 Same; request for withdrawal of water; release of water; conduct and withdrawal of water.
82a-1315a Same; payment of charges; disposition of revenue.
82a-1315c Water marketing fund created; purposes for which moneys may be expended from fund.
82a-1317 Same; failure to make payment for water; interest on overdue payment.
82a-1319 Same; rules and regulations.
82a-1330 Water assurance program; citation of act.
82a-1332 Same; negotiation by Kansas water office for water assurance storage in federal reservoirs.
82a-1333 Same; prerequisites to organization of water assurance district; duties of chief engineer.
82a-1334 Same; participation mandatory in program, when.
82a-1335 Same; procedure for organization of water assurance district; petition requirements.
82a-1342 Same; district meetings, purpose.
82a-1343 Same; meetings of district board of directors; notice.
82a-1344 Same; powers of districts.
82a-1346 Same; persons not prohibited from purchasing storage in federal reservoirs.
82a-1347 Same; renegotiation of existing water supply storage contracts.
82a-1348 Same; conservation plans and practices required.
82a-1349 Water supply storage assurance fund established; receipts; use of moneys.
82a-1360 Financing of large reservoir projects; definitions.
82a-1363 Same; issuance of revenue bonds to refund existing revenue bonds.
82a-1365 Same; income from bonds exempt from taxation.
82a-1366 Same; bonds deemed legal and proper securities for investment by governmental entities.
82a-1367 Same; powers supplemental to other powers of Kansas water office; severability.
82a-1368 Same; publication of notice of revenue bond issuance, contents; actions to contest, timing.