24-1209. Corporate powers and duties.
24-1209
24-1209. Corporate powers and duties.Each watershed district incorporated under the provisions of this act shallbe a body politic and corporate and shall have the power:
First. To adopt a seal.
Second. To sue and be sued by its corporate name.
Third. To purchase, hold, sell and convey land and personalproperty and to execute such contracts as may, by its board of directors,be deemed necessary or convenient to enable it to properly carry out thepurpose for which organized.
Fourth. To construct, improve, maintain and operate works ofimprovement including such facilities and appurtenances as necessary forthe conservation of soil, prevention of floods, disposal of water and theconservation, development and utilization of water for domestic, municipal,agricultural, industrial, recreational purposes and such other uses as maybe authorized by the provisions of K.S.A. 82a-701 to 82a-725, inclusive,and any amendments thereto; and in any case where the construction, improvementor operation of such works causes the substantial displacement of a wildlifehabitat and when required by the soil conservation service of the UnitedStates department of agriculture as a condition precedent to the releaseof federal funds for such works,to acquire land for the purpose of restoring such wildlife habitat. Thepower of eminent domain shall not be used for any such acquisition.
Fifth. To operate or lease any and all district properties andfacilities associated with the use of water and to collect reasonable fees,rentals, tolls, and charges for the use of such facilities, said revenue tobe placed in the maintenance fund of the district. Where the property is leased the lessee or anyone authorized to collectsuch fees, rentals, tolls and charges shall conform to a schedule approvedby the board of directors of the district.
Sixth. To employ such professional services and other assistance asis, by its board of directors, deemed essential. Soil conservation engineeringservices may be used wheneveravailable.
Seventh. To acquire personal property by gift or purchase.
Eighth. To acquire land and interests in land by gift, purchase,exchange or eminent domain; such power of eminent domain to be exercisedwithin or without the boundaries of the district in like manner as providedby K.S.A. 26-501 to 26-516, inclusive, or any amendments thereto.
Ninth. To levy taxes and assessments, issue bonds and incurindebtedness within the limitations prescribed by this act.
Tenth. To cooperate and contract with persons, firms, associations,partnerships and private corporations, and with other watershed districts,drainage districts, and cities of all classes of this state, and withdrainage districts, watershed districts, or other public corporationsorganized for similar purposes in any adjoining state and with other local,state and federal governmental agencies and to enter into co-operativecontracts and agreements with any such districts, corporations or agencies.
Eleventh. (a) To take appropriate actions to extend and transferthe territory of the district, receive territory transferred from otherdistricts, and dissolve all or a portion of the district as provided for inthis act; (b) to merge with adjoining watershed districts, subject toapproval of a majority of the qualified voters voting on the proposition ineach of the districts proposing to merge.
Twelfth. To select a residence or home office for the watersheddistrict, which shall be at a place in a county in which the watersheddistrict or any part thereof is located and may be either within or withoutthe watershed district as may be designated by the board of directors. Theboard shall thereupon designate the county in which said residence or homeoffice is located as the official county for the filing of all officialacts and levies. After an official county has been so designated, saidcounty designation shall not be changed even though theresidence or home office of said watershed district may be changed at alater date.
History: L. 1953, ch. 477, § 9; L. 1955, ch. 201, § 6; L. 1957,ch. 226, § 5;L. 1959, ch. 172, § 8; L. 1961, ch. 193, § 8; L. 1963, ch. 234, § 69;L. 1976, ch. 175, § 1; July 1.