History: L. 1941, ch. 7, § 1; L. 1986, ch. 70, § 43; May 15.
History: L. 1941, ch. 7, § 2; June 30.
Nothing in this section shall be construed as providing a procedure for the detachment or deannexation of land located within the boundaries of a rural water district.
History: L. 1997, ch. 143, § 7; May 8.
History: L. 1941, ch. 7, § 3; L. 2004, ch. 101, § 139; July 1.
History: L. 1941, ch. 7, § 4; June 30.
History: L. 1941, ch. 7, § 5; June 30.
History: L. 1941, ch. 7, § 6; June 30.
History: L. 1941, ch. 7, § 7; June 30.
History: L. 1941, ch. 7, § 8; June 30.
History: L. 1941, ch. 7, § 9; June 30.
History: L. 1941, ch. 7, § 10; June 30.
History: L. 1941, ch. 7, § 11; June 30.
(a) "District" means a rural water district organized pursuant to this act;
(b) "board" means the governing body of a district;
(c) the terms "board of county commissioners" and "county clerk" shall mean, respectively, the board of county commissioners and county clerk of the county in which the greatest portion of the territory of any existing or proposed rural water district is located;
(d) "participating member" means an individual, firm, partnership, association or corporation which owns land located within a district and which has subscribed to one or more benefit units of such district;
(e) "chief engineer" means the chief engineer of the division of water resources, Kansas department of agriculture.
History: L. 1957, ch. 540, § 1; L. 2004, ch. 101, § 140; July 1.
History: L. 1957, ch. 540, § 2; L. 1986, ch. 70, § 44; May 15.
History: L. 1957, ch. 540, § 3; L. 1963, ch. 512, § 1; L. 1965, ch. 556, § 1; June 30.
Nothing in this section shall be construed as providing a procedure for the detachment or deannexation of land located within the boundaries of a rural water district.
History: L. 1997, ch. 143, § 8; May 8.
History: L. 1957, ch. 540, § 4; L. 1963, ch. 512, § 1a; L. 1965, ch. 556, § 2; L. 1981, ch. 173, § 82; July 1.
(b) Any district heretofore declared and incorporated by the board of county commissioners pursuant to a petition presented under this section, the boundaries of which fall within the boundaries as proposed in said petition but which are not congruent therewith, is hereby ratified and declared to be a lawfully incorporated and existing district.
History: L. 1957, ch. 540, § 5; L. 1963, ch. 512, § 2; L. 1965, ch. 556, § 3; L. 1976, ch. 437, § 1; July 1.
History: L. 1957, ch. 540, § 6; L. 1965, ch. 556, § 4; June 30.
History: L. 1957, ch. 540, § 7; L. 1963, ch. 512, § 3; April 22.
(a) Exercise eminent domain within the boundaries of such district;
(b) sue and be sued;
(c) contract;
(d) hold real and personal property acquired by will, gift, purchase, or otherwise, as authorized by law;
(e) construct, install, maintain and operate such ponds, reservoirs, pipelines, wells, check dams, pumping installations or other facilities for the storage, transportation or utilization of water and such appurtenant structures and equipment necessary to carry out the purposes of its organization;
(f) contract with cities or counties, or both, to operate and maintain state-permitted wastewater treatment works, systems and other facilities relating to the treatment of wastewater within the boundaries of the district;
(g) cooperate with and enter into agreements with the secretary of the United States department of agriculture or the secretary's duly authorized representative necessary to carry out the purposes of its organization; and to accept financial or other aid which the secretary of the United States department of agriculture is empowered to give pursuant to 16 U.S.C.A., secs. 590r, 590s, 590x-1, 590x-a and 590x-3, and amendments thereto;
(h) acquire loans for the financing of up to 95% of the cost of the construction or purchase of any project or projects necessary to carry out the purposes for which such district was organized and to execute notes and mortgages in evidence thereof with interest, or combined interest and mortgage insurance charges, which shall not exceed 13%, except that for purposes of interim financing, interest or combined interest and mortgage insurance charges shall not exceed 14%. Any district shall have the same power to acquire loans for the refinancing of up to 95% of the original cost of any such project or projects. The balance of the cost of construction shall be acquired by subscription, donation, gift or otherwise than through the medium of loans, except that in the case of cooperative corporations and corporations not for profit being converted to water districts as provided for in K.S.A. 82a-631 to 82a-635, inclusive, and amendments thereto, the district may assume 100% of the indebtedness of the corporation, providing the corporation originally raised at least 10% of the construction cost by means otherwise than through the medium of loans. Any such loan may be secured by any or all of the physical assets owned by the district, including easements and rights-of-way, except that no district organized under this act shall have any power or authority to levy any taxes.
History: L. 1957, ch. 540, § 8; L. 1959, ch. 415, § 1; L. 1963, ch. 512, § 4; L. 1974, ch. 449, § 1; L. 1976, ch. 438, § 1; L. 1980, ch. 331, § 4; L. 1981, ch. 396, § 1; L. 1982, ch. 435, § 1; L. 2002, ch. 137, § 2; July 1.
History: L. 1963, ch. 513, § 2; Repealed, L. 1989, ch. 118, § 196; July 1.
(b) The terms used in this section shall have the meanings respectively ascribed thereto by K.S.A. 82a-612.
History: L. 1976, ch. 436, § 1; July 1.
History: L. 1957, ch. 540, § 9; June 29.
History: L. 1957, ch. 540, § 10; L. 1959, ch. 415, § 2; L. 1963, ch. 512, § 5; L. 1965, ch. 556, § 5; L. 1974, ch. 450, § 1; L. 1979, ch. 332, § 1; April 26.
History: L. 1957, ch. 540, § 11; L. 1959, ch. 415, § 3; L. 1963, ch. 512, § 6; L. 1965, ch. 556; L. 1978, ch. 432, § 1; L. 1980, ch. 331, § 1; April 23.
History: L. 1957, ch. 540, § 12; L. 1965, ch. 556, § 7; L. 1980, ch. 331, § 2; L. 1986, ch. 70, § 45; L. 1997, ch. 143, § 2; May 8.
(b) When the petition has been signed by seventy-five percent (75%) of the landowners, the board of county commissioners shall ascertain whether the statements contained in the petition are true. If the statements contained in the petition are true and if a majority of the members of the board of the district to which attachment is desired do not object, the board of county commissioners shall enter into its minutes of such findings and shall set forth in said minutes a metes and bounds description of the new territory attached to said district.
History: L. 1957, ch. 540, § 13; L. 1965, ch. 556, § 8; L. 1980, ch. 331, § 3; April 23.
History: L. 1957, ch. 540, § 14; L. 1970, ch. 64, § 98; L. 1979, ch. 332, § 2; April 26.
(b) Except as provided by the bylaws of the district pursuant to K.S.A. 2007 Supp. 82a-648, and amendments thereto, at the annual meeting of each year after the year of the election of the original board members, elections shall be held to elect directors to fill any position on the board, the term of office of which has expired, and any director so elected shall hold office for a term of three years and until such director's successor is elected and has qualified. For the purpose of election of board members and for such other purposes as the bylaws may prescribe, annual meetings of participating members shall be held by each district between January 1 and April 1 of each year following the year of incorporation of such district. The board of directors shall cause notice of the time and place of each annual meeting and the purpose thereof to be mailed to each of its participating members or shall cause such notice to be published in a newspaper of general circulation within the district. Every such notice shall be mailed or published not less than 10 nor more than 30 days prior to any such meeting. Each participating member shall be entitled to a single vote, regardless of the number of benefit units to which such member has subscribed.
History: L. 1957, ch. 540, § 15; L. 1959, ch. 415, § 4; L. 1987, ch. 401, § 1; L. 2002, ch. 137, § 4; July 1.
History: L. 1957, ch. 540, § 16; June 29.
History: L. 1957, ch. 540, § 17; June 29.
History: L. 1957, ch. 540, § 18; L. 1985, ch. 337, § 1; L. 1991, ch. 291, § 1; March 21.
History: L. 1959, ch. 415, § 5; L. 1977, ch. 355, § 1; Repealed, L. 2001, ch. 80, § 2; Apr. 12.
History: L. 1959, ch. 415, § 6; April 4.
History: L. 1959, ch. 415, § 7; April 4.
History: L. 1959, ch. 415, § 8; L. 1963, ch. 512, § 7; April 22.
History: L. 1959, ch. 415, § 9; April 4.
History: L. 1959, ch. 415, § 10; April 4.
History: L. 1959, ch. 415, § 11; July 4.
Such agreement and transfer of assets and properties of the district shall be subject to the approval of the secretary of agriculture of the United States or his or her duly authorized representative; and no transfer of assets or properties shall be made until such approval has been received.
At any time after the participating members of the district have approved such transfer of assets and properties as herein provided for by petition or election, and after an agreement is executed as authorized herein, and upon payment of the twenty percent (20%) of the outstanding indebtedness and debts as required, the board of directors of the water district shall transfer the physical assets and properties to the municipality or board of public utilities, together with all records, maps, plans and files in connection therewith and thereafter the governing body of the city or the board of public utilities, as the case may be, shall operate such properties as a part of the municipal functions of the city, subject to the terms of the agreement entered into.
History: L. 1969, ch. 107, § 1; April 15.
History: L. 1973, ch. 413, § 1; L. 1975, ch. 511, § 1; L. 1978, ch. 433, § 1; L. 1979, ch. 332, § 3; April 26.
History: L. 1976, ch. 438, § 2; L. 1986, ch. 70, § 46; May 15.
History: L. 1976, ch. 438, § 3; L. 1979, ch. 332, § 4; April 26.
History: L. 1976, ch. 438, § 4; L. 1981, ch. 173, § 83; July 1.
History: L. 1976, ch. 438, § 5; July 1.
History: L. 1976, ch. 438, § 6; July 1.
History: L. 1976, ch. 438, § 7; July 1.
History: L. 1976, ch. 438, § 8; July 1.
(b) If certain lands included within a district cannot be economically or adequately served by the facilities of the district, the owners of such lands may petition the board of directors of the district to release those lands from the district. The petition shall describe the lands requested to be released and shall be signed by at least 75% of the total number of the owners of the lands requested to be released. The board of directors may prescribe a fee to be collected from the petitioners for the purpose of offsetting costs reasonably expected to be incurred by the district in hearing the request for release. The petition for release, together with a verified list of the names and addresses of all owners of the land requested to be released, and the prescribed fee, shall be filed with the secretary of the district.
(c) If the board of directors of the district finds the petition to be in proper form, the board shall conduct a hearing on the petition for release. Notice of the time and place of the hearing shall be mailed to all owners of land requested to be released not later than 10 days before the hearing. The hearing may be continued from time to time without further notice to landowners. In considering the petition for release, the board shall consider whether the lands requested to be released cannot be economically or adequately served by the facilities of the district and whether the release would be in the best interests of the landowners and the district, based on the following factors:
(1) Whether the petitioners for release of lands have applied for one or more benefit units to serve the lands requested to be released, which applications have been denied;
(2) the length of time before the board of directors reasonably expect to make water service available to the lands requested to be released;
(3) whether water service is available from another source if the lands are released from the district;
(4) if water service is available from the district to the lands requested to be released, the relative cost of obtaining such water service, as determined by the district, compared to the additional value of the lands after water service is made available;
(5) if water service is available from the district, the cost of obtaining such water service, as determined by the district, compared to the cost of obtaining water from another source;
(6) whether any applicable law will prevent any other water suppliers from serving the lands requested to be released; and
(7) whether the district's interest in maintaining the integrity of its territory is outweighed by the landowners' need to obtain a source of supply of water to the lands requested to be released.
(d) The board may approve the release of all or part of the lands requested to be released or may deny the request. The burden of proof shall be on the petitioners for release. The board of directors shall make a determination on the petition for release within 120 days after its receipt, shall record its findings in the minutes of the district and shall mail a copy of such findings to each petitioner within seven days.
(e) Any owner of land requested to be released from the district who is dissatisfied with the determination of the board of directors on the petition for release may bring an action in the district court of the county in which the district is located to determine if the board of directors of the district abused its discretion in making such determination. Such appeal shall be filed within 30 days after the final decision of the board.
(f) If the board of directors of the district approves the petition, or if the district court on appeal determines that the board abused its discretion in denying release, a copy of the board's action approving the release or of the district court's order on appeal, as the case may be, shall be transmitted to the chief engineer and to the county clerk, who shall note the change of such district's boundaries.
History: L. 2001, ch. 80, § 1; Apr. 12.
(1) Describe the land sought to be released;
(2) state the name and number of the rural water district to which the owners seek to have such land attached; and
(3) state that such release is sought conditioned upon the attachment thereof by such other rural water district.
Such petition shall be signed by at least 75% of the owners of the land affected. The ownership shall be determined by an enumeration of landowners taken from the tax rolls of the county in which the land is located.
Within 30 days of receipt of such petition the board of directors of the district shall call and hold a hearing on the advisability of granting such petition. The board shall give notice of such hearing in the same manner provided by K.S.A. 82a-646, and amendments thereto. On the date of such hearing, the board shall approve or disapprove such release based on its determination of the best interests of the district and the petitioning landowners.
(b) Following approval of such petition for release, a petition for attachment of such lands shall be filed with the board of directors of the district to which such land is sought to be attached. The petition shall:
(1) Describe the land sought to be attached;
(2) request that the owners thereof seek to have such land attached to the district; and
(3) have attached to it a copy of the approval of release of such land by the board of directors of the district in which such land was conditionally released. Such petition shall be signed by at least 75% of the owners of the land affected. Ownership shall be determined by an enumeration of landowners taken from the tax rolls of the county in which the land is located.
Within 30 days of receipt of such petition the board of directors of the district shall call and hold a hearing on the advisability of granting such petition. Notice of such hearing shall be provided in the manner provided by K.S.A. 82a-646, and amendments thereto, by the board of directors. On the date of such hearing, the board shall approve or disapprove such attachment based on its determination of the best interests of the district and the petitioning landowners.
(c) If the district to which release is sought approves of the release of such lands and the district to which attachment is sought approves of attachment of such lands, copies of the approval of such action by the boards of directors of each district shall be transmitted to the chief engineer. Copies also shall be filed with the county clerk, who shall note the change of such district's boundaries.
(d) Nothing in this section shall be construed as limiting landowners from using the procedures for attachment or release of property otherwise provided in K.S.A. 82a-622 et seq., and amendments thereto.
History: L. 1999, ch. 161, § 1; L. 2005, ch. 142, § 2; Apr. 21.
History: L. 2002, ch. 137, § 3; July 1.
(b) Any agreement pursuant to the provisions of this act may provide, but not necessarily be limited to, terms and conditions for: (1) The transfer to the municipality of control and ownership of the district's water supply and distribution system, including all property, equipment, records, reports and funds; (2) continued service, at an agreed upon rate, by the municipality to customers served by such system; (3) assumption of all or part of the revenue bond liability or other outstanding obligations of the district; and (4) establishment of a policy for connecting new customers to the water supply and distribution system.
(c) An agreement entered into pursuant to this act shall not take effect until: (1) The board of directors of the rural water district and the governing body of the municipality each adopts a resolution approving such agreement; (2) a copy of the agreement is filed for public inspection in the office of the county clerk of each county where there is located any portion of the area served by the rural water district; (3) the board of directors of the rural water district causes notice of the approval of the agreement, the reasons therefor and a copy of the agreement to be mailed to each participating member of the district; (4) the board of directors causes to be published once in a newspaper or newspapers of general circulation in the areas served by the district's water supply and distribution system notice of the approval of the agreement and the reasons therefor, together with a statement that the proposed agreement shall take effect unless there is presented to the board of directors of the rural water district a petition as provided by subsection (d); and (5) if a petition is presented as provided by subsection (d), a majority of the participating members of the district approve the agreement as provided by subsection (d).
(d) If, within 60 days after publication of notice pursuant to subsection (c), there is presented to the board of directors of the rural water district board a written petition which is signed by participating members of the rural water district equal in number to not less than 10% of the total number of participating members of the district according to the records of the district and requests an election on whether the agreement shall take effect, the board of directors of the rural water district shall call an election on the approval of such agreement. The election may be held at a meeting called for that purpose or may be by mail ballot, or both. The agreement shall not take effect unless approved by a majority of the participating members voting at the election to approve the agreement. Each participating member shall be entitled to a single vote, regardless of the number of benefit units to which such member has subscribed.
(e) Notwithstanding the provisions of subsections (b) and (c), no agreement made pursuant to this section shall become effective unless prior to entering into such agreement, the rural water district purchases from the municipality the water distributed by such district.
(f) Notwithstanding the provisions of K.S.A. 82a-629, and amendments thereto, a rural water district shall be dissolved whenever the district enters into an agreement pursuant to this section and the agreement provides for: (1) Total transfer of the district's water supply and distribution district and all other assets of the district; (2) continuation of water supply and distribution service to all customers of the district; (3) assumption of all revenue bond liability and all other obligations of the district; and (4) a policy for connecting new customers to the water supply and distribution system.
History: L. 2003, ch. 78, § 1; Apr. 24.
(1) "Acquired district" means a rural water district organized under K.S.A. 82a-612 et seq., and amendments thereto, that wishes to transfer its assets, liabilities and the area contained within its boundaries to another rural water district organized under K.S.A. 82a-612 et seq., and amendments thereto.
(2) "Acquiring district" means a rural water district organized under K.S.A. 82a-612 et seq., and amendments thereto, that wishes to receive from an acquired district, the acquired district's assets, liabilities and the area contained within the acquired district's boundaries.
(b) The board of directors of an acquiring district and the board of directors of an acquired district may enter into a memorandum of understanding containing, but not necessarily limited to, terms and conditions for: (1) The transfer to the acquiring district of control and ownership of the acquired district's water supply and distribution system, including all property, equipment, contracts, records, reports and funds; (2) continued service, at an agreed upon rate, by the acquiring district to customers served by such system; (3) assumption by the acquiring district of all of the revenue bond liability and other outstanding obligations of the acquired district; (4) establishment of a policy for connecting new customers to the acquired water distribution system; and (5) the acquisition by the acquiring district of the area within the acquired district's boundaries.
(c) The terms contained in a memorandum of understanding entered into pursuant to this act shall take effect by operation of law when: (1) The board of directors of the acquiring district and the board of directors of the acquired district each adopt a resolution approving such terms; (2) a copy of the memorandum of understanding is filed for public inspection in the office of the county clerk of each county where there is located any portion of the area served by the acquired district; (3) the board of directors of the acquired district causes notice of the approval of the terms of the memorandum of understanding, the reasons for such approval and a copy of the memorandum of understanding to be mailed to each participating member of the acquired district; (4) the board of directors of the acquired district causes to be published once in a newspaper or newspapers of general circulation in the areas served by the acquired district's water supply and distribution system notice of the approval of the memorandum of understanding and the reasons for such approval, together with a statement that the terms of the memorandum of understanding shall take effect unless there is presented to the board of directors of the acquired district a petition as provided by subsection (d); and (5) if a petition is presented as provided by subsection (d), a majority of the participating members of the acquired district approve the memorandum of understanding as provided by subsection (d).
(d) If, within 60 days after publication of notice pursuant to subsection (c), there is presented to the board of directors of the acquired district a written petition which is signed by participating members of the acquired district equal in number to not less than 10% of the total number of participating members of the acquired district according to the records of the acquired district and requests an election on whether the terms of the memorandum of understanding shall take effect, the board of directors of the acquired district shall call an election on the approval of the terms of such memorandum. The election may be held at a meeting called for that purpose or may be by mail ballot. If such an election is held, the terms of the memorandum of understanding shall not take effect unless they are approved by a majority of the participating members voting at the election to approve such terms.
(e) Notwithstanding the provisions of K.S.A. 82a-629, and amendments thereto, an acquired district shall be dissolved whenever that district enters into a memorandum of understanding pursuant to this section, such memorandum shall take effect by operation of law pursuant to this section, and such memorandum provides for: (1) Total transfer of the acquired district's water supply and distribution system and all other assets of the acquired district; (2) continuation of water supply and distribution service to all customers of the acquired district; (3) assumption by an acquiring district of all revenue bond liability and all other obligations of the acquired district; (4) a policy for connecting new customers to the water supply and distribution system; and (5) acquisition by an acquiring district of the area within the acquired district's boundaries.
(f) At the time of the effective date of the acquisition, and unless otherwise provided by the memorandum of understanding: (1) All the property of the acquired district shall be combined and administered as one unit with that of the acquiring district, and the acquiring district shall thereupon be invested with all the property benefits, franchises and privileges of the acquired and acquiring districts and shall have all of the powers of rural water districts; (2) all revenue bonds, promissory notes or other liabilities theretofore incurred by the acquired district shall be paid in accordance with the terms thereof from revenues and facilities of both the acquired and acquiring districts; and (3) a copy of the memorandum of understanding and a map showing the boundaries of the consolidated rural water district shall be filed with the chief engineer and the secretary of state.
History: L. 2005, ch. 142, § 1; Apr. 21.