CHAPTER 161 SUBSTITUTE for HOUSE BILL No. 2505 An  Act concerning rural water districts; relating to the release of land from districts. Be it enacted by the Legislature of the State of Kansas:

      Section  1. (a) As an alternative to the procedure contained in K.S.A.
82a-630, and amendments thereto, the owners of land located in a rural
water district who desire for their land to be released from such district
and attached to a different district may proceed in accordance with this
section. A petition to release such land shall be filed with the board of
directors of the district in which such land is located. The petition shall:

      (1) Describe the land sought to be released;

      (2) state the name and number of the rural water district to which
the owners seek to have such land attached; and

      (3) state that such release is sought conditioned upon the attachment
thereof by such other rural water district.

      Such petition shall be signed by at least 75% of the owners of the land
affected. The ownership shall be determined by an enumeration of land-
owners taken from the tax rolls of the county in which the land is located.

      Within 30 days of receipt of such petition the board of directors of the
district shall call and hold a hearing on the advisability of granting such
petition. The board shall give notice of such hearing in the same manner
provided by K.S.A. 82a-640, and amendments thereto. On the date of
such hearing, the board shall approve or disapprove such release based
on its determination of the best interests of the district and the petitioning
landowners.

      (b) Following approval of such petition for release, a petition for at-
tachment of such lands shall be filed with the board of directors of the
district to which such land is sought to be attached. The petition shall:

      (1) Describe the land sought to be attached;

      (2) request that the owners thereof seek to have such land attached
to the district; and

      (3) have attached to it a copy of the approval of release of such land
by the board of directors of the district in which such land was condi-
tionally released. Such petition shall be signed by at least 75% of the
owners of the land affected. Ownership shall be determined by an enu-
meration of landowners taken from the tax rolls of the county in which
the land is located.

      Within 30 days of receipt of such petition the board of directors of the
district shall call and hold a hearing on the advisability of granting such
petition. Notice of such hearing shall be provided in the manner provided
by K.S.A. 82a-640, and amendments thereto, by the board of directors.
On the date of such hearing, the board shall approve or disapprove such
attachment based on its determination of the best interests of the district
and the petitioning landowners. If the board does not approve of such
attachment, it shall notify the district from which release had been sought,
which district shall then declare such release to be void.

      (c) If the district to which release is sought approves of the release
of such lands and the district to which attachment is sought approves of
attachment of such lands, copies of the approval of such action by the
boards of directors of each district shall be transmitted to the chief en-




gineer. Copies also shall be filed with the county clerk, who shall note
the change of such district's boundaries.

      (d) Nothing in this section shall be construed as limiting landowners
from using the procedures for attachment or release of property other-
wise provided in K.S.A. 82a-622 et seq., and amendments thereto.

 Sec.  2. This act shall take effect and be in force from and after its
publication in the statute book.

Approved May 12, 1999.
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