Printable Format82a-619. Powers of rural water districts. Every district incorporated under this act shall have perpetual succession, subject to dissolution or consolidation pursuant to law and shall have the power to:
(a) Exercise eminent domain within the boundaries of such district;
(b) sue and be sued;
(c) contract;
(d) hold real and personal property acquired by will, gift, purchase, or otherwise, as authorized by law;
(e) construct, install, maintain and operate such ponds, reservoirs, pipelines, wells, check dams, pumping installations or other facilities for the storage, transportation or utilization of water and such appurtenant structures and equipment necessary to carry out the purposes of its organization;
(f) contract with cities or counties, or both, to operate and maintain state-permitted wastewater treatment works, systems and other facilities relating to the treatment of wastewater within the boundaries of the district;
(g) cooperate with and enter into agreements with the secretary of the United States department of agriculture or the secretary's duly authorized representative necessary to carry out the purposes of its organization; and to accept financial or other aid which the secretary of the United States department of agriculture is empowered to give pursuant to 7 U.S.C. § 1921 et seq., as in effect on the effective date of this act;
(h) acquire loans for the financing of up to 95% of the cost of the construction or purchase of any project or projects necessary to carry out the purposes for which such district was organized and to execute notes and mortgages in evidence thereof with interest, or combined interest and mortgage insurance charges, which shall not exceed 13%, except that for purposes of interim financing, interest or combined interest and mortgage insurance charges shall not exceed 14%. Any district shall have the same power to acquire loans or to issue revenue bonds pursuant to K.S.A. 82a-625, and amendments thereto, for the refinancing of up to 95% of the original cost of any such project or projects. The balance of the cost of construction shall be acquired by subscription, donation, gift or otherwise than through the medium of loans, except that in the case of cooperative corporations and corporations not-for-profit being converted to water districts as provided for in K.S.A. 82a-631 to 82a-635, inclusive, and amendments thereto, the district may assume 100% of the indebtedness of the corporation, providing the corporation originally raised at least 10% of the construction cost by means otherwise than through the medium of loans. Any such loan may be secured by any or all of the physical assets owned by the district, including easements and rights-of-way, except that no district organized under this act shall have any power or authority to levy any taxes.
History: L. 1957, ch. 540, § 8; L. 1959, ch. 415, § 1; L. 1963, ch. 512, § 4; L. 1974, ch. 449, § 1; L. 1976, ch. 438, § 1; L. 1980, ch. 331, § 4; L. 1981, ch. 396, § 1; L. 1982, ch. 435, § 1; L. 2002, ch. 137, § 2; L. 2012, ch. 29, § 2; July 1.
Law Review and Bar Journal References:
"Legal Constraints on Diverting Water from Eastern Kansas to Western Kansas," John C. Peck, 30 K.L.R. 160, 206 (1982).
Attorney General's Opinions:
Rural water districts; financing of projects. 80-226.
Attachment of additional land by rural water districts. 81-80.
Tax exempt sales. 83-155.
Easements for pipelines; property abandoned by railroad. 84-29.
Issuance of revenue bonds by rural water districts. 84-127.
Kansas tort claims act; definition of municipality. 86-31.
Powers of rural water districts; deletion of "rural" from name. 87-19.
Rural water districts; sale or disposition of rural water district property. 87-146.
Deposit of public moneys; bodies subject thereto; rural water districts. 87-157.
Powers of rural water districts; contract with city for purchase of water. 89-95.
Township's and municipality's maintenance of fire department; purchase of equipment; fire hydrants. 92-78.
CASE ANNOTATIONS
1. Act does not contravene constitutional requirements; water rates charged by district not unreasonable. Shawnee Hills Mobile Homes, Inc. v. Rural Water District, 217 Kan. 421, 423, 537 P.2d 210.
2. Owner of benefit unit certificate in rural water district is owner of property interest protected by requirements of due process; service cannot be terminated before notice and opportunity for hearing. Dedeke v. Rural Water Dist. No. 5, 229 Kan. 242, 249, 623 P.2d 1324.
3. Cited; water district only has legal right to provide service within its boundaries. Rural Water District No. 4 v. City of Eudora, Kansas, 604 F. Supp. 2d 1298, 1303, 1322 to 1324, 1336 (2009).
4. Water district only has legal right to provide service within its boundaries. Rural Water Dist. No. 4 v. City of Eudora, Kan., 659 F.3d 969 (10 th Cir. 2011).
5. Rural water district's claim against city for alleged poaching precluded due to district's failure to demonstrate that obtaining loan guarantees from the USDA was absolutely necessary to complete its project, as required under Kansas law. Rural Water Dist. No. 4 v. City of Eudora, Kan., 720 F.3d 1269 (10 th Cir. 2013).
6. Amendment to statute governing powers of rural water districts constituted a substantive amendment, and this did not apply retroactively. Rural Water Dist. No. 4 v. City of Eudora, Kan., 720 F.3d 1269 (10 th Cir. 2013).