42-3,106. Same; orders of district court; injunction; costs. - Kansas Statutes

42-3,106

Chapter 42.--IRRIGATION Article 3.--IRRIGATION AND IRRIGATION DISTRICTS

      42-3,106.   Same; orders of district court; injunction; costs.In the trial of any such case, the district court having jurisdictionthereof shall make such orders, rulings and awards as shall appear just,necessary and proper, and may enjoin the completion, further constructionor further use of any such dam or other designated works, if the publicwelfare or noncompliance with any provision of the statutes of the stateshall require it, and may compel such alteration therein and in the methodof constructing the same as shall be in accordance with law and necessaryto the safety and welfare of any and all parties concerned, and if suchproceeding shall prove to have been necessary or expedient, and infurtherance of justice, the costs thereof shall be adjudged against thedefendant; but if such proceeding shall prove to have been groundless andwithout justification, then the costs thereof shall be taxed against theperson at whose instance said action was brought.

      History:   L. 1891, ch. 133, art. 8, § 18; May 20; R.S. 1923, 42-3,106.