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19-3502. Conditions and restrictions on organization and establishment; powers. One or more water districts, for the purpose of this act, may be organized, created and established in the manner hereinafter provided in any territory located in Miami, Franklin, Johnson and Wyandotte counties. Such water district or districts shall be located in territory outside the limits of any territory served by or included within the limits of any previously organized municipally-owned and operated public water supply and distribution system. Such water district or districts shall be organized, created and established without regard to county, township or city boundaries and no such counties, townships or cities in any territory in which a duly organized water district is located shall have or exercise any jurisdiction or control over the administration of such water district, except as specifically provided herein. Nor shall any such city, township, or county create, organize or establish any municipally-owned and operated water supply and distribution system in any territory actually served, supplied or serviced by any water district created under this act.

Each of such water districts shall be quasi-municipal body corporate with the power of eminent domain, which shall be exercised in the manner provided in K.S.A. 26-501 to 26-517, inclusive; such districts shall have power to enter into contracts; to sue and be sued; to establish, construct, purchase, operate and maintain a water supply and distribution system; to fix water rates; and to issue revenue bonds in the manner hereinafter provided to pay for the establishment, construction, purchase and operation of a water supply and distribution system or systems.

History: L. 1951, ch. 240, § 2; L. 1953, ch. 159, § 1; L. 1963, ch. 234, § 50; L. 1974, ch. 127, § 1; March 8.

Attorney General's Opinions:

Federal jurisdiction; surplus property of federal agencies; eligibility to receive property. 82-71.

General improvement and assessment law; special assessments; work or improvements authorized. 84-108.

KOMA; executive sessions; acquisition of property. 89-92.

CASE ANNOTATIONS

1. Various constitutional objections to act's validity considered and rejected. Water District No. 1 v. Robb, 182 Kan. 2, 3, 9, 14, 318 P.2d 387.

2. Water district has an exclusive right to provide pressurized treated water within district's boundaries. Water Dist. No. 1 v. Mission Hills Country Club, 265 Kan. 355, 360, 960 P.2d 239 (1998).


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