42-120. Powers of canal corporations.

42-120

Chapter 42.--IRRIGATION
Article 1.--GENERAL PROVISIONS

      42-120.   Powers of canal corporations.Every canal corporation, for the purpose of irrigation, shall, inaddition to the powers heretofore conferred, have power:

      First. To cause such examination and survey for its proposedcanal to be made as may be necessary to the selection of theadvantageous route, and for such purpose, by its officers, agents orservants, to enter upon the lands or waters of any person.

      Second. To take and hold such voluntary grants of real and otherproperty as shall be made to it to aid in the construction andmaintenance of its canal, ditches, and sluices.

      Third. To lay out a canal, not exceeding fifty (50) feet inwidth, and to construct the same; and for the purpose of cuttings andembankments, to take as much more land as may be necessary for theproper construction and security of the canal or any of its branchditches or sluices.

      Fourth. To construct its canal across, along or upon any streamof water.

      Fifth. To furnish water for irrigation at such rates as suchorganization or corporation may by its bylaws and regulations prescribe.

      Sixth. To borrow such sums of money as may be necessary forcompleting and finishing or operating their canal, and to issue anddispose of their bonds for any amount so borrowed, and to mortgage theircorporate property and franchises to secure the payment of any debtcontracted by the corporation for the purposes aforesaid. Any propertyappropriated by such corporation shall be acquired under the power ofeminent domain in accordance with K.S.A. 26-501 to 26-516, inclusive.

      History:   G.S. 1868, ch. 23, § 89; R.S. 1923, 42-120; L. 1963, ch. 234, § 76;Jan. 1, 1964.