An Act concerning certain drainage districts; relating to the powers and duties of the gov-
erning bodies thereof; amending K.S.A. 24-611 and 24-639 and repealing the existing

Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 24-611 is hereby amended to read as follows: 24-
611. If, upon the filing of any report of said engineer, together with his
or her estimates as herebefore provided, it shall appear that lands, other
than those incorporated by the court in said district will be benefited (a)
Subject to the provisions of K.S.A. 19-270, and amendments thereto, and
if the board of supervisors determines that land located outside the district
benefits by the drainage improvements of said the district it shall be the
duty of the chairman of said board of supervisors to file a petition in the
district court of the county where said district is originally organized,
containing a description of said lands, the name or names of the owners
as they appear on the tax rolls of the county in which the lands are situated
and their place or places of residence, alleging that said lands will be
benefited by the improvements and ought in justice bear its proportion
of the expense and cost of such improvement, and that said land was not
incorporated within the limits of said drainage district as originally estab-
lished by said court, and if the names of the owners of any such tract or
tracts of land are unknown this fact should be stated, and praying that
such tract or tracts of land may be incorporated, and made a part of said

      Upon the filing of any such petition duly verified as herein provided
the clerk of the district court of said county shall issue summons or notice
to the parties interested as provided by K.S.A. 24-602 with reference to
the original petition for the establishment of said district, and the same
proceedings shall be had upon said petition and in said court as upon the
original petition for the establishment of said district and the same pro-
visions of law shall apply thereto insofar as the same are applicable. Upon
the return day of said notice or summons or any other time to which said
court shall adjourn said cause the court shall have jurisdiction to try and
determine said matter at chambers and to make all necessary orders,
judgments and decrees. The owners of said land may by writing duly
verified, waive the issuance and service of all notice or process and con-
sent that the court may at once upon the filing of said petition and waiver
enter the necessary decree.

      Upon filing said petition in said court it shall be the duty of the clerk
to docket said cause, as a proceeding in and as a part of the original cause
for the establishment of said district. After the entering of the decree of
the court as aforesaid the land of all the parties so brought into said district
shall be subject to the same provisions of law as would have applied to
them had they been incorporated in the original petition and decree en-
tered thereon. No land shall be included in said drainage district or sub-
ject to taxation for said drainage except wet, submerged and swamp land
or lands within a district subject to overflow., the board shall present a
petition to the board of county commissioners of the county in which the
greater portion of the territory of the original drainage district is located
asking for the extension of the territorial limits of the district to include
such land. The board of county commissioners shall investigate such pe-
tition and determine whether such land should be included within the

      (b) The petition submitted pursuant to subsection (a) shall:

      (1) Describe the land proposed to be included within the drainage
district by sections or subdivisions of sections, according to the govern-
ment survey or by metes and bounds;

      (2) state that the land and property thereon are subject to injury and
damage from the overflow of some natural or manmade watercourse,
naming or describing it;

      (3) state that improvement of the channel of such watercourse, the
construction and maintenance of levees, drains, ditches, dikes, jetties, rip-
rap or other works are necessary to prevent such overflow;

      (4) state that such improvement or works will be conducive to the
public health, convenience or welfare; and

      (5) contain a prayer that the land described in the petition be included
within such drainage district. If any land requested to be included in the
original drainage district is located within the corporate limits of any city,
it shall be sufficient to describe such land by appropriate number as lots
or blocks or parts of lots or blocks.

      Whenever a petition is presented to the board of county commissioners
pursuant to this section, the board of county commissioners shall fix a
time for the hearing of such petition. Notice of such hearing shall be
published at least once in a newspaper of general circulation in the county
in which the land described in the petition is located at least 10 days
before the date fixed for the hearing.

      (c) Following such hearing, if the board finds the petition is in con-
formity to the requirements of this section and that the allegations thereof
are true, the board shall make a finding and decision to that effect, and
shall declare the land described in the petition to be annexed to and in-
cluded within the original drainage district. No territory within any city
located in a county having an assessed tangible valuation of more than
$150,000,000 shall be included within any drainage district without the
approval of the governing body of such city.

      Sec.  2. K.S.A. 24-639 is hereby amended to read as follows: 24-639.
Every (a) A district organized under the provisions of this act K.S.A. 24-
601 et seq., and amendments thereto, shall be a body politic and corporate,
and shall be known by the corporate name of ``drainage district number
________ of ________ county,'' and shall have power and authority
to take and hold real and personal property necessary for its use, to make
contracts, to sue and to be sued, have and use a corporate seal, and
exercise any and all other powers, as a corporation necessary to carry out
the purposes of this act.

      (b) The board of supervisors of the drainage district shall have the
power to:

      (1) Adopt a seal;

      (2) enter into contracts;

      (3) hold real and personal property;

      (4) sue and be sued;

      (5) determine and fix the district boundaries;

      (6) remove all obstructions from the channel of the watercourse;

      (7) commence and maintain suits against any and all persons or cor-
porations unlawfully maintaining dams or other obstructions in the chan-
nel of the watercourse to compel the removal of the same;

      (8) exercise the power of eminent domain as to all lands necessary to
the construction of cutoffs, spillways and auxiliary channels in accordance
with K.S.A. 26-501 through 26-516, and amendments thereto;

      (9) require that all bridges across the watercourses shall be of suffi-
cient length or that they shall be provided with sufficient trestle work to
permit the unobstructed flow of the waters at flood time;

      (10) construct cutoffs, spillways and auxiliary channels across rail-
roads and highways, to compel the adequate bridging of the same and to
compel the raising of the grades of the railroads and highways;

      (11) levy an annual tax not to exceed five mills on the assessed value
of all tangible taxable property located within the district to constitute a
general fund to meet the incidental expenses of the district. The board
shall not levy a tax pursuant to this subsection for more than four years
unless the board adopts a resolution declaring it necessary to continue
such levy. Such resolution shall be published at least once each week for
three consecutive weeks in a newspaper of general circulation within the
district. If within 30 days after the last publication of such resolution, a
petition protesting such levy, signed by qualified electors of the district
equal in number to not less than 10% of the electors voting at the last
election for the board of supervisors, is filed with the county clerk of the
county in which the greatest portion of such district is located, no levy
shall be made unless the question of continuing such levy is submitted to
and approved by a majority of the electors of the district voting at an
election called and held thereon. If no petition protesting the levy is filed
within the prescribed time, the drainage district may continue to levy
such tax for four more years;

      (12) issue bonds and provide for the payment of the same; and

      (13) perform any other acts not inconsistent with the provisions of
K.S.A. 24-601 et seq., and amendments thereto.

      (c) Nothing in this section shall be construed as exempting the drain-
age district from the requirements of K.S.A. 24-126 and 82a-301 et seq.,
and amendments thereto.

      New Sec.  3. (a) The board of supervisors and the owners of land
which is located outside a drainage district organized pursuant to K.S.A.
24-601 et seq., and amendments thereto, may enter agreements allowing
water from such land to drain into the drainage system of the district. All
moneys received under such agreements shall be used for drainage dis-
trict purposes.

      (b) If the owner of any land which is located outside of any drainage
district constructs any ditch or drain so that the water on such land will
be drained into the drainage system of any drainage district or into any
natural depression, draw or watercourse, or any artificial ditch, tile, or
drain that drains into such drainage system, without first having entered
into written agreement with the board of supervisors of such drainage
district, the owner shall be deemed to have made voluntary application
to be included in such drainage district and receive the benefits thereof.
If by the natural grade and formation of such land, the surface or flood
water, or both, therefrom are drained into any ditch, tile, drain, natural
depression, draw or watercourse in such drainage system of such drainage
district, the owner of such land shall be deemed to receive the benefits
of such drainage system. The board of supervisors of such drainage district
may bring an action in the county where such land or drainage district is
located, stating the name of such owner, description of the land and of
the ditch, drain or natural grade or formation leading into the system of
such drainage district to recover payment for the benefit received and to
include such land within the drainage district.

      Any judgment so rendered may be filed in the office of the clerk of
the district court of the county and become a lien on such land in like
manner as other judgments. If any such land which drains or is drained
into the drainage system of any other drainage district is located within a
drainage district organized under any law of the state of Kansas, the drain-
age district in which such land so drained is located may be named the
defendant instead of the owner of the land. In such case, the drainage
district prosecuting such proceedings shall have the option of prosecuting
the same in the district court in which such drainage district or the major
portion thereof is located. If such proceedings are so prosecuted in the
district court the proceedings shall be governed by the code of civil pro-
cedure. The district court may assess against the drainage district receiv-
ing the benefits of the drainage of its land into the system of another
district an annual payment commensurate with such benefits. All money
collected under this subsection shall be used for drainage district pur-

 Sec.  4. K.S.A. 24-611 and 24-639 are hereby repealed.
 Sec.  5. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 3, 2001.