Kansas Statutes

Chapter 82a: Waters And Watercourses

Article 1: Power Plant Dams

Statutes:

• 82a-101: Erection and maintenance of dams, ditches or races over land of another.
• 82a-102: Eminent domain.
• 82a-103:
• 82a-104 to 82a-108:
• 82a-109:
• 82a-110 to 82a-113:
• 82a-114: Limitation of actions.
• 82a-115: Right to maintain or raise milldam heretofore erected.
• 82a-116: Acts or omissions entailing forfeiture of rights.

• 82a-101: Erection and maintenance of dams, ditches or races over land of another. When any person, corporation or city may be desirous of erecting and maintaining a milldam or dam for generating power upon his, her or its own land across any watercourse, and shall deem it necessary to raise the water by means of such dam, or occupying grounds for mill yard or power plant structures, so as to damage by overflowing or otherwise real estate not owned by him, her or it nor damaged by consent, and in cases where it is necessary to the more efficient running and operating any such mill or power plant to turn any adjacent stream or spring into the one on which the mill or power plant is situated, the party so desiring to use the same may run the stream over the land of any other person by ditching or otherwise, and he, she or it may obtain the right to erect and maintain said dam and keep up and maintain the necessary ditches or races by proceeding as is prescribed in the act to which this act is amendatory.

        History:   L. 1867, ch. 87, § 1; G.S. 1868, ch. 66, § 1; L. 1869, ch. 47, § 1; L. 1917, ch. 177, § 1; May 26; R.S. 1923, 59-101.

• 82a-102: Eminent domain. He, she or it shall proceed to exercise the right of eminent domain in the manner provided in K.S.A. 26-501 to 26-516, inclusive.

        History:   L. 1867, ch. 87, § 2; G.S. 1868, ch. 66, § 2; R.S. 1923, 59-102; L. 1963, ch. 234, § 96; Jan. 1, 1964.

• 82a-103:

        History:   L. 1867, ch. 87, § 3; G.S. 1868, ch. 66, § 3; R.S. 1923, 59-103; Repealed, L. 1963, ch. 234, § 103; Jan. 1, 1964.

• 82a-104 to 82a-108:

        History:   L. 1867, ch. 87, §§ 4 to 8; G.S. 1868, ch. 66, §§ 4 to 8; R.S. 1923, 59-104 to 59-108; Repealed, L. 1963, ch. 234, § 103; Jan. 1, 1964.

• 82a-109:

        History:   L. 1867, ch. 87, § 9; G.S. 1868, ch. 66, § 9; R.S. 1923, 59-109; Repealed, L. 1963, ch. 234, § 103; Jan. 1, 1964.

• 82a-110 to 82a-113:

        History:   L. 1867, ch. 87, §§ 10 to 13; G.S. 1868, ch. 66, §§ 10 to 13; R.S. 1923, 59-110 to 59-113; Repealed, L. 1963, ch. 234, § 103; Jan. 1, 1964.

• 82a-114: Limitation of actions. No action for damages occasioned by the erection of a milldam shall be hereafter sustained unless such action be brought within two years after the erection of said dam, nor any action for the maintenance of a dam already erected unless brought within one year after the passage of this act.

        History:   L. 1867, ch. 87, § 14; G.S. 1868, ch. 66, § 14; R.S. 1923, 59-114.

• 82a-115: Right to maintain or raise milldam heretofore erected. Any person may obtain a right to maintain a milldam heretofore erected, or raise a milldam, upon his or her own land, by complying with the provisions of this act, adapting his or her petition to the nature of the case.

        History:   L. 1867, ch. 87, § 15; G.S. 1868, ch. 66, § 15; R.S. 1923, 59-115.

• 82a-116: Acts or omissions entailing forfeiture of rights. Any person having obtained the right to erect and maintain, or to maintain or raise any dam, under the provisions of this act, who shall not, within one year thereafter, begin to build said dam and finish the same, or who, having already erected said dam, shall, for the same length of time, fail to proceed, under the provisions of this act, to perfect his or her right to maintain the same, and apply the water power thereby created to the purposes stated in his or her petition, within three years, or in case the said dam and mills connected therewith shall be destroyed, shall not begin to rebuild it one year after such destruction, and finish it in three years, or, having erected such mills, shall fail to keep them in operation for two years at any one time, shall forfeit all rights acquired by virtue of the provisions of this act.

        History:   L. 1867, ch. 87, § 16; G.S. 1868, ch. 66, § 16; R.S. 1923, 59-116.