Kansas Statutes 82a-2418. Same; dissolution of district, procedures
Terms Used In Kansas Statutes 82a-2418
- Board: means the board of directors of a reservoir improvement district;
(b) "district" means a reservoir district for which organization is proposed or has been organized under the provisions of this act, and amendments thereto;
(c) "eligible water right holder" means any person:
(1) Holding a water right or permit, pursuant to Kan. See Kansas Statutes 82a-2402
- general plan: means a preliminary engineering report describing the characteristics of the reservoir, the nature and methods of dealing with the bed and water problems in the reservoir or the reservoir watershed and the projects proposed to be undertaken by the district. See Kansas Statutes 82a-2402
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
(a) The board of directors of any reservoir improvement district, by resolution, may dissolve such district if such district has been incorporated under the provisions of this section for more than eight years and has not:
(1) Adopted a general plan of work and projects to be undertaken by the district;
(2) constructed or contracted to construct any works of improvement; or
(3) incurred any continuing obligations for maintenance of any works of improvement.
(b) The board of directors of any reservoir improvement district, by resolution, may dissolve such district if such district has been incorporated under the provisions of this section for more than four years and has not made substantial progress toward a general plan or work and projects to be undertaken by the district.
(c) A resolution to dissolve a reservoir improvement district shall be adopted by a 2/3 vote of all members of the board that are present and voting, but in no event less than a majority of all board members at a special meeting called for the purpose of dissolving the district.
(d) Notice of the special meeting to dissolve the district shall specify the purpose for which the meeting is to be called, provide for the calling of an election of eligible water right holders for the purpose of determining whether such district shall be dissolved. The board shall provide for the calling of such an election if written petitions signed by 20% of eligible water right holders in the district, as shown by a verified enumeration of such water rights are filed with the secretary of the board.
(e) The election to determine whether the district shall be dissolved shall be held and conducted in the same manner as provided by Kan. Stat. Ann. § 82a-2407, and amendments thereto, insofar as such provisions can be made applicable. If a majority of those voting on the proposition voted in favor of dissolution of the district, the board shall immediately certify the results of such election to the secretary of state, and the secretary of state thereupon shall issue and deliver to the secretary of such board a certificate of dissolution.