HB 2435--
Session of 1997
By Committee on Environment

9 AN ACT concerning watershed districts; concerning election of directors; 10 relating to exercise of eminent domain; amending K.S.A. 24-1211 and 11 repealing the existing section. 12 13 Be it enacted by the Legislature of the State of Kansas: 14 Section 1. K.S.A. 24-1211 is hereby amended to read as follows: 24- 15 1211. In not less than 12 months, nor more than 13 months after the 16 recording of the certificates of incorporation, and annually thereafter, a 17 meeting shall be held for the election of directors whose terms expire 18 and also to render a report on the financial condition and activities of the 19 district including the estimated construction date of all proposed projects 20 to be initiated within the next five years and the board's determination 21 as to whether each of these projects is still cost effective and in the current 22 public interest. Notice of the annual meeting shall be given at least 10 23 days prior to the date thereof by one publication in a newspaper of general 24 circulation in each of the counties of which said watershed district is a 25 part. Elections shall be by ballot. Qualified voters in attendance shall be 26 entitled to vote at any such meeting or by mail. The directors shall fill 27 any vacancy occurring on the board prior to the expiration of the term of 28 any director by electing a substitute director to serve for the unexpired 29 term. 30 The number of directors of a district or the date of the annual meeting, 31 or both, may be changed at an annual meeting if notice of the proposition 32 of making such change or changes is given at the annual meeting im- 33 mediately preceding the annual meeting at which such change or changes 34 are considered. If the number of directors is proposed to be changed, 35 the proposition shall be introduced in the same manner as other items of 36 business and shall clearly show the changes in representation of subwa- 37 tersheds, if any, and in the length of terms of the directors. It shall be 38 the duty of the board of directors to include the proposition in the notice 39 of the annual meeting at which such changes are being considered. If a 40 majority of those voting are favorable, the election of directors shall be 41 in conformance with the adopted proposal and all powers shall be exer- 42 cised by the newly constituted board beginning immediately after the 43 annual meeting. Copies of the minutes of the annual meeting and report HB 2435

 1  on the financial condition and activities of the district shall be furnished
 2  to the state conservation commission.
 3    New Sec. 2.  (a) Before acquiring any real property by eminent do-
 4  main, a district shall submit the dispute regarding acquisition of such real
 5  property to dispute resolution mediated by the chief engineer or a person
 6  designated by the chief engineer.
 7    (b)  This section shall be part of the watershed district act.
 8    Sec. 3.  K.S.A. 24-1211 is hereby repealed.
 9    Sec. 4.  This act shall take effect and be in force from and after its
10  publication in the statute book.