42-703. Proposed district; notice of hearing; protest against application; withdrawal of name from petition; review of action on application.
42-703
42-703. Proposed district; notice of hearing;protest against application; withdrawal of name from petition; review of actionon application.Upon receipt of the application of the proposed irrigation district bythe chief engineer, the chief engineer shall cause to bepublished at applicant'sexpense, once each week for three consecutive weeks, in a newspaper ornewspapers of general circulation in the vicinity of the watercourse orsource of supply from which water is sought for the land to be includedin the proposed irrigation district, a notice of hearing upon suchapplication. The published notice shall be directed to all personsconcerned, without specifically naming any person. Suchnotice shall contain among other matters a general description ofboundaries of the district as proposed; the purpose of the district asproposed; the source of the water supply sought for use and theapproximate point of diversion proposed; and the date and place ofhearing. Incorporated cities shall be excluded from such district. Anyperson interested, at any time after first publication of such noticeand prior to the expiration of 60 days after the firstpublication of such notice, may file in duplicate with the chiefengineer, a verified written protest against the approval of suchapplication, stating therein all reasons relied upon in objectionthereto, which objections shall be duly considered by the chiefengineer.
A person who signs a petition and application for the organization andincorporation of a proposed irrigation district shall be permittedto withdraw such person's name as a signer only if the chief engineerdetermines that the signature was obtained by fraud, undueinfluence or mutual mistake of fact. All applications for withdrawal ofa signature from the petition must be filed with the chief engineer,within 30 days after the first publication of the notice of hearing.The chief engineer may hear and determine any such application forwithdrawal of a signature in advance of the hearingfor approval of thepetition for establishment and organization of the proposed irrigationdistrict.
Any action of the chief engineer uponan application of a proposed irrigation district is subject to review inaccordance with the provisions of K.S.A. 2000 Supp. 82a-1901 and amendmentsthereto. Anyactionupon such review is subject to review inaccordance with the act for judicial review and civil enforcement of agencyactions.
History: L. 1941, ch. 262, § 3; L. 1947, ch. 284, § 2;L. 1986, ch. 318, § 52;L. 1999, ch. 130, § 1; July 1.