CHAPTER 115 HOUSE BILL No. 2659 An Act concerning water; relating to public wholesale water supply districts, watershed
districts and water districts; amending K.S.A. 19-3545, 19-3552 and 24-1228 and re-
pealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:

      Section  1. On and after July 1, 2000, K.S.A. 19-3545 is hereby
amended to read as follows: 19-3545. It is the purpose of K.S.A. 19-3545
to 19-3556, inclusive, and amendments thereto, to permit certain public
agencies to make the most efficient use of their powers relating to public
water supplies by enabling them to cooperate with other public agencies
on a basis of mutual advantage and thereby to provide services and facil-
ities to wholesale water to participating public agencies and to provide
for the establishment for such purpose of a quasi-municipal corporation
which shall be known as a public wholesale water supply district. The
function of the public wholesale water supply district shall be to:

      (a) Secure a source of water on a scale larger than is feasible for public
water supply districts, municipalities, publicly and privately owned water
distribution companies, acting alone, and to;

      (b) sell such water at wholesale to public water supply districts, mu-
nicipalities, and publicly and privately owned water distribution compa-
nies; and

      (c) provide services, pursuant to contract, to participating public
agencies of the district, except that, if the contract amount for such serv-
ices is $10,000 or more, the district shall be authorized to provide such
services only if the award of the contract is based on competitive bids.

      Sec.  2. On and after July 1, 2000, K.S.A. 19-3552 is hereby amended
to read as follows: 19-3552. For the purpose of providing a water supply
or other services to the participating public agencies the governing body
of the district shall have the following powers, authorities and privileges:

      (1) To accept by gift or grant from any person, firm, corporation, trust
or foundation, or from this state or any other state or any political sub-
division or municipality thereof, or from the United States, any funds or
property or any interest therein for the uses and purposes of the district
and to hold title thereto in trust or otherwise and to bind the district to
apply the same according to the terms of such gift or grant;

      (2) to sue and be sued;

      (3) to enter into franchises, contracts and agreements with this or any
other state or the United States or any municipality, political subdivision
or district thereof, or any of their agencies or instrumentalities, or any
public or private person, partnership, association, or corporation of this
state or of any other state or the United States, and this state and any
such municipality, political subdivision, district, or any of their agencies
or instrumentalities, and any such public or private person, partnership,
association, or corporation is hereby authorized to enter into contracts
and agreements with such district for any term not exceeding forty (40)
40 years for the planning, development, construction, acquisition, or op-
eration of any facility or for any service rendered to, for, or by said the
district;

      (4) to borrow money and evidence the same by warrants, notes, or
bonds as hereinafter provided in this act, and to refund the same by the
issuance of refunding obligations;

      (5) to acquire land and interests in land by gift, purchase, exchange
or eminent domain, such power of eminent domain to be exercised within
or without the boundaries of the district in accordance with provisions of
K.S.A. 26-501, and amendments thereto;

      (6) to acquire by purchase or lease, construct, install, and operate
reservoirs, pipelines, wells, check dams, pumping stations, water purifi-
cation plants, and other facilities for the production, wholesale distribu-
tion, and utilization of water and to own and hold such real and personal
property as may be necessary to carry out the purposes of its organization;

      (7) to provide, by contract, to participating public agencies for the
construction, installation and operation of pipelines, wells, pumping sta-
tions and other facilities and services relating to the distribution of water
within the boundaries of the participating public agencies or retail dis-
tribution and utilization of water and to own and hold such real and
personal property as may be necessary in relation thereto, except that, if
the contract amount for such services is $10,000 or more, the district shall
be authorized to provide such services only if the award of the contract
is based on competitive bids;

      (7) (8) to have the general management, control, and supervision of
all the business, affairs, property, and facilities of the district, and of the
construction, installation, operation, and maintenance of district improve-
ments, and to establish regulations relating thereto;

      (8) (9) to hire and retain agents, employees, engineers and attorneys
and to determine their compensation. The governing body shall select
and appoint a general manager of the district who shall serve at the plea-
sure of said the governing body. The general manager shall have training
and experience in the supervision and administration of water systems
and shall manage and control the water system under the general super-
vision of said the governing body. All employees, servants and agents of
the district shall be under the immediate control and management of said
the general manager. The general manager shall perform all such other
duties as may be prescribed by said the governing body and shall give the
governing body a good and sufficient surety company bond in a sum to
be set and approved by the governing body conditioned upon the satis-
factory performance of the general manager's duties. The governing body
may also may require that any other employees be bonded in such amount
as it shall determine. The cost of said such bonds shall be paid out of the
funds of the district;

      (9) (10) to adopt and amend rules and regulations not in conflict with
the constitution and laws of this state, necessary for the carrying on of
the business, objects and affairs of the governing body and of the district;
and

      (10) (11) to have and exercise all rights and powers necessary or in-
cidental to or implied from the specific powers granted herein. Such
specific powers shall not be considered as a limitation upon any power
necessary or appropriate to carry out the purposes of this act.

      Sec.  3. On and after July 1, 2000, K.S.A. 24-1228 is hereby amended
to read as follows: 24-1228. Whenever a watershed district has been or-
ganized and incorporated under the provisions of article 12 of chapter 24
of the Kansas Statutes Annotated, or any and amendments thereto, for
more than four years, and such district eight years and has not adopted
a general plan of work and projects to be undertaken by the district, nor
constructed or contracted to construct any works of improvement, nor or
incurred any continuing obligations for maintenance of any works of im-
provement, or when such a district has been organized and incorporated
under such provisions for more than four years and has not made sub-
stantial progress toward a general plan of work and projects to be un-
dertaken by the district, the board of such district may, by resolution
adopted by a 2/3 vote of all members of such board present and voting,
but in no event less than a majority of all members of such board at a
special meeting of such board called for that purpose, and notice of which
special meeting shall specify the purpose for which the meeting is to be
called, provide for the calling of an election of the qualified voters of such
district for the purpose of determining whether such district shall be
dissolved; and the board shall provide for the calling of such an election
if written petitions therefor signed by 20% of the landowners of such
district, as shown by a verified enumeration of such landowners by a
landowner of such district, are filed with the secretary of such board.
Notwithstanding any provision of this section, the Middle Creek joint
watershed district No. 50 may be dissolved in the same manner and pro-
cedure as provided herein.

      The election to determine whether the district shall be dissolved shall
be held and conducted in the same manner as provided by K.S.A. 24-
1207, 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 shall
thereupon issue and deliver to the secretary of such board a certificate
of dissolution.

 Sec.  4. On and after July 1, 2000, K.S.A. 19-3545, 19-3552 and 24-
1228 are hereby repealed.
 Sec.  5. This act shall take effect and be in force from and after its
publication in the Kansas register.

Approved April 19, 2000.
 Published in the Kansas Register April 27, 2000.
__________