24-668. Dissolution of portion of joint district; petition, contents; hearing; findings; report; certificate of dissolution; powers and duties of chief engineer. - Kansas Statutes

24-668

Chapter 24.--DRAINAGE AND LEVEES Article 6.--DRAINAGE IN ONE OR MORE COUNTIES

      24-668.   Dissolution of portion of joint district; petition, contents;hearing; findings; report; certificate of dissolution; powers and duties ofchief engineer.The chief engineer of the division of water resources shall have powerupon proper petition being presented for that purpose to dissolve a portionof a joint drainage district organized and incorporated under theprovisions of K.S.A. 24-656 to 24-666, both sections inclusive, or anyamendments thereto. The petition for dissolution of a portion of a jointdrainage district shall be addressed to the chief engineer of the divisionof water resources and shall: (1) Describe the territory to be dissolved bysection numbers and fractions thereof and other platted areas asappropriate; (2) contain a prayer that the territory described therein bedissolved from the joint drainage district, naming it; (3) show that thedissolution is being sought by either a majority of the board of the jointdrainage district or a majority of the landowners in the territory to bedissolved. Whenever a petition in conformity with this section is receivedby the chief engineer it shall be his duty forthwith to fix a time for thehearing of such petition and to give notice thereof which shall bepublished by the affected joint drainage district at their expense at leasttwenty (20) days before the date fixed for the hearing. It shall be theduty of the petitioners to show satisfactory evidence in support of therequested dissolution.

      If after such hearing the chief engineer finds that the exclusion of theterritory described in the petition would leave within the district an areain conformance with the findings considered for the organization of adistrict as prescribed in K.S.A. 24-661, as amended, and that the exclusionof the territory described in the petition would not substantially impairthe effectiveness of the remaining area as a joint drainage district, heshall transmit a written report of his findings on the petition, togetherwith his written approval or disapproval of the petition, to the secretaryof state and the secretary of the board. Upon receipt of such report andapproval of the petition the secretary of state shall thereupon issue anddeliver to the secretary of the board a certificate of dissolution as tothe lands which are to be excluded from the district fixing the effectivedate of such dissolution. A certified copy of the certificate ofdissolution shall be recorded in the office of the register of deeds ofeach county in which any portion of the district is located.

      History:   L. 1973, ch. 147, § 3; July 1.