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12-635. Authorization of improvements within or without city limits; eminent domain; federal cooperation; agreements with watershed or drainage districts. The governing body of any city of the state of Kansas in, near or through which flows a natural watercourse, the overflow from which, in the event of high water, is liable to cause injury to any bridge, street, alley or public or private property may, in order to prevent said injury, acquire by eminent domain in the manner prescribed by K.S.A. 26-501 to 26-516, inclusive, and amendments thereto, gift or purchase, within said city limits or within ten (10) miles therefrom, the land and easements necessary: (a) To construct drains, canals and artificial watercourses, (b) to widen and straighten existing drains and watercourses, (c) to construct the necessary levees and embankments, (d) to change and raise the grade of streets and alleys and the approaches to bridges, and raise said bridges, or construct bridges where necessary, (e) to widen existing drains, channels and canals, and acquire the necessary outlets therefor beyond the limits of the city, or (f) to cause any and all other necessary work, construction and improvements to be made to protect said city and public and private property therein located from floods and damage by overflow of said natural and artificial watercourses.

The governing body of any city proceeding under this act is hereby authorized: (a) To enter into contracts or agreements with the United States army corps of engineers or any other agency or agencies of the federal government that may be necessary in order to cooperate with the federal government and its agencies; and such contract or agreement shall provide that the city will maintain, repair and operate the flood control works; (b) to enter into contracts or agreements to furnish all of the necessary lands, rights-of-way and easements without cost to the federal government; (c) to enter into contracts or agreements relieving the federal government from any liability and damage to persons or property resulting from construction of the flood control works or resulting after the completion thereof; (d) to enter into contracts or agreements with watershed or drainage districts that may be necessary in order to cooperate with such watershed or drainage districts in matters relating to flood control and drainage. No provision of this act shall be construed to affect the power of drainage districts now organized under the provisions of chapter 24, of the Kansas Statutes Annotated, and amendments thereto.

History: L. 1917, ch. 87, § 1; R.S. 1923, § 12-635; L. 1925, ch. 95, § 1; L. 1929, ch. 107, § 1; L. 1937, ch. 114, § 1; L. 1943, ch. 86, § 1; L. 1947, ch. 109, § 1; L. 1953, ch. 61, § 1; L. 1963, ch. 234, § 21; L. 1978, ch. 57, § 1; March 28.

Cross References to Related Sections:

Watershed districts, see chapter 24, article 12.

Attorney General's Opinions:

Applicability of city initiative and referendum ordinance to flood control. 81-252.

Sales to contractors on Kansas park and resources authority projects. 82-156.


1. Title being broader than text does not render act invalid. Putnam v. City of Salina, 136 Kan. 637, 641, 644, 17 P.2d 827. Motion for modification denied: 137 Kan. 731, 22 P.2d 957.

2. Elements of damages considered. Loomis v. City of Augusta, 151 Kan. 343, 344, 348, 99 P.2d 988.

3. Flood control project requires approval of division of water resources' engineer and state corporation commission's engineer. Lyman Flood Prevention Ass'n v. City of Topeka, 152 Kan. 484, 487, 106 P.2d 117.

4. Limitation provisions of K.S.A. 14-408 and 10-303 inapplicable to bonds issued hereunder. City of Council Grove v. Schmidt, 155 Kan. 515, 516, 517, 518, 519, 127 P.2d 250.

5. City constructed dike further outside limits than authorized; liability for resulting damage determined. Krantz v. City of Hutchinson, et al., 165 Kan. 449, 453, 196 P.2d 227.

6. Procedure and elements of damages discussed and determined in exhaustive opinion. Foster v. City of Augusta, 165 Kan. 684, 686, 691, 692, 694, 199 P.2d 779.

7. Act construed and compared with K.S.A. 19-3301 through 19-3307; constitutional. Cow Creek Valley Flood Prevention Ass'n v. City of Hutchinson, 166 Kan. 78, 80, 81, 82, 83, 84, 85, 86, 91, 93, 200 P.2d 299.

8. Condemnation proceedings may be initiated either by resolution or ordinance. Cow Creek Valley Flood Prevention Ass'n v. City of Hutchinson, 166 Kan. 78, 80, 81, 82, 83, 84, 85, 86, 91, 93, 200 P.2d 299.

9. K.S.A. 12-635 through 12-646 construed; rights; liabilities and powers of city determined. Cow Creek Valley Flood Prevention Ass'n v. City of Hutchinson, 166 Kan. 78, 80, 81, 82, 83, 84, 85, 86, 91, 93, 200 P.2d 299.

10. Statute discussed; landowner's damages determined under this act not eminent domain statute. Yoder v. City of Hutchinson, 171 Kan. 1, 2, 6, 9, 228 P.2d 918.

11. Cited; drainage system construction held exercise of city's governmental functions. Perry v. City of Wichita, 174 Kan. 264, 268, 255 P.2d 667.

12. Owner of life estate entitled to damages; computation. Foster v. City of Augusta, 174 Kan. 324, 325, 332, 334, 256 P.2d 121.

13. Mentioned; plaintiff in injunction action held liable on bond signed as principal. Alder v. City of Florence, 194 Kan. 104, 105, 397 P.2d 375.

14. Cited in case concerning operation under a franchise by a public utility. City of Wichita v. Kansas Gas & Electric Co., 204 Kan. 546, 555, 464 P.2d 196.

15. Cited; criteria to meet requirements as city of second class (K.S.A. 14-101) to avoid bonded indebtedness limits examined. Bockhaus v. City of Halstead, 242 Kan. 504, 505, 748 P.2d 870 (1988).

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