Session of 2025
SENATE BILL No. 65
By Committee on Federal and State Affairs
1-23
AN ACT concerning irrigation districts; relating to the election of
members of the board of directors thereof; specifying when such
elections may be conducted by mail ballot; authorizing the board of
directors to set the term for such elected members; amending K.S.A.
42-706 and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 42-706 is hereby amended to read as follows: 42-
706. (a) The officers of such an irrigation district established under K.S.A.
42-704, and amendments thereto, shall be a board of directors consisting
of three members who shall be persons entitled to vote as provided in
subsection (g) and residents of a county in which the such irrigation
district or a portion thereof is located, or a county adjoining a county in
which such irrigation district or a portion thereof is located. Such members
shall hold office for a period of two, three or four years, such term of
office being established by the board of directors by passage of a
resolution, and each shall serve until a successor has been elected and
qualified. The members of the board of directors first elected after the
creation of an irrigation district shall hold their respective offices until the
next regular election for the election of directors as provided in subsection
(d), (e) or (f) of this section, except that the terms of the three directors
shall be as provided in subsection (d) or (e) of this section.
(b) The chief engineer of the division of water resources, after the
incorporation of such irrigation district, shall establish and designate the
polling place or places therein where the first election will be conducted
and fix the time for such election within 60 days after the date of
incorporation. In any irrigation district of more than 35,000 acres, the chief
engineer of the division of water resources shall, prior to designating
polling places, establish three voting areas within such district as equal as
possible in acreage and shall designate the same as the first, second or
third voting area. Such polling place or places may thereafter be changed
by the board of directors, and the board may arrange for polling places
outside the corporate boundaries of the district if such places are more
convenient than locations within the district. Prior to the holding of the
first election in newly created districts, the chief engineer of the division of
water resources shall appoint from the qualified electors of the district
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three persons for such election for each voting place who shall constitute
boards of election for such district for such election. If the members
appointed do not attend at the opening of the polls on the day of election,
at the opening hour, the electors present at that hour shall elect from the
electors present members of the election board necessary to fill the place
of any absent member.
(c) The board of directors of every district of more than 35,000 acres
which that was incorporated prior to the effective date of this act shall
establish three voting areas within the district as equal as possible in
acreage and designate the same as the first, second or third voting area.
The board shall also establish and designate the polling place or places
within each voting area, or adopt a procedure for election by mail ballot
pursuant to subsection (d)(5). At the first election held after the effective
date of this act, a director shall be elected for the term length established
by the board.
(d) (1) Except as provided in paragraph (2) (5), all elections shall be
conducted in accordance with the general election laws of the state except
as otherwise provided in this act. Advance voting as provided in article 11
of chapter 25 of the Kansas Statutes Annotated, and amendments thereto,
shall be provided for by the county election officers and boards of
directors for those persons entitled to vote under subsection (g). The forms
for the ballot envelope declaration as provided in K.S.A. 25-1120, and
amendments thereto, and the applications for advance ballots as provided
in K.S.A. 25-1122d, and amendments thereto, shall be modified to
establish that such person is a qualified owner of irrigable land within the
district. After polls are closed the election boards shall proceed to canvass
the votes cast thereat, shall certify to the county election officer of the
county in which all or the greater part of the population of the irrigation
district is located and the chief engineer the result of such election. The
clerks shall then securely wrap the ballots cast at such elections and shall
express or mail the same by registered mail to the county election officer
of the county in which all or the greater part of the population of the
irrigation district is located. The county election officer shall canvass the
ballots, verify the results and declare the person receiving the highest
number of votes duly elected as director, except that at the first election
after creation of a district the county election officer of the county in
which all or the greater part of the population of the irrigation district is
located shall declare the three persons receiving the highest number of
votes duly elected as directors except that in districts, or, if such district is
divided into three voting areas, the person receiving the highest number of
votes in each voting area shall be declared duly elected as director. Such
county election officer shall immediately mail, to each person elected to
the office of director a certificate of election signed by such officer.
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(2) The directors shall thereupon qualify and enter upon the duties of
their office. Directors shall qualify by taking and subscribing to an oath of
office of substantially the same tenor as oath of office prescribed for
county officials. Each member of the board of directors shall execute an
official bond in the sum of $1,000 which oath and bond shall be filed with
the county election officer of the county in which all or the greater part of
the population of the irrigation district is located. The treasurer of each
irrigation district shall execute to the district a corporate surety bond in an
amount at least equal to 125% of the amount, as near as can be
ascertained, that shall be in such person's hands as treasurer at any one
time. The amount and sufficiency of the bond of the treasurer shall be
determined by the county election officer. Upon approval of the bond, the
county election officer shall endorse such approval thereon and file the
same in the office of the county election officer and shall immediately
notify the county treasurer of the county in which the registered office of
the irrigation district is located of such approval and filing.
(3) In the event of the breach of any condition of the treasurer's bond,
the president and secretary of the board shall cause a suit to be commenced
thereon in the name of the irrigation district. It shall not be necessary to
include the treasurer as a party to the action and the money collected shall
be applied to the use of the district, as the same should have been applied
by the treasurer. Should the president and secretary neglect or refuse to
prosecute such a suit, then any person entitled to vote as provided in
subsection (g) may cause such suit to be instituted. Premiums on surety
bonds for such directors and treasurers of irrigation districts shall be paid
by the district out of its general funds.
(4) In case the office of any director shall become vacant the
remaining members of the board shall fill the vacancy by appointment. A
director appointed to fill a vacancy shall serve the unexpired term of the
director whose term such person was appointed to fill.
(2)(5) For any election except the election required in subsection (b),
the board of directors may adopt a procedure providing for the election of
members by mail ballot in an even-numbered or odd-numbered year. Such
procedure shall require the board to mail ballots to all persons entitled to
vote, to receive and tabulate the ballots, to canvass the election and to
certify the results to the county election officer. The irrigation district shall
be responsible for the direct expenses of conducting the election. The
ballot envelope used for mailing ballots shall contain a declaration
establishing that the person who signs the declaration is a qualified owner
of irrigable land within the district. In the resolution providing for the
election of members by mail ballot, the board of directors shall establish
the term of such members to be a period of two, three or four years.
(e) (1) All regular elections of directors of irrigation districts shall be
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held the Tuesday following the first Monday in November in odd-
numbered years.
(2) Any districts organized after the regular election shall hold its
election at the next regular election following incorporation of the district
and, at this election three directors shall be elected and the person
receiving the highest number of votes shall serve for a term of four years,
the persons receiving the second and third highest number of votes shall
serve for a term of two years. In case the first election after creation of a
district is held between June 1 of any year and the day preceding the
Tuesday following the first Monday in November of the next succeeding
odd-numbered year, the next regular election shall be held in the second
succeeding odd-numbered year. At each subsequent regular election, only
one director directors shall be elected each year for a term of four years.
(3) Any person desiring to be a candidate for election to the board of
directors shall file a candidate's declaration of intention with the county
election officer of the county in which all or the greater part of the
population of the district is located. Such candidate's filing shall utilize the
procedures provided in K.S.A. 25-21a03, and amendments thereto, and
K.S.A. 25-205, and amendments thereto. The county election officer shall
prepare the ballot, and place the names thereon in alphabetical order and
shall supply election officials with necessary ballots and polling books at
the irrigation district's expense. At least five days before any election, the
county clerks of the various counties within which a portion of the district
is located, shall cause to be ascertained the names of all persons entitled to
vote as provided in subsection (g) and shall furnish lists thereof to each
election board within such county and to the secretary of the board of
directors of the district. Notice of the time and places of holding of the
general election, shall be published by the county election officer in a
newspaper of general circulation in the district in accordance with K.S.A.
25-105, and amendments thereto. The results of all special or bond
elections shall be made available to the secretary of the district. All
expenses of election, not otherwise provided for herein, shall be paid for
out of the general funds of the irrigation district. Election officials shall
receive the same compensation as provided under general election laws.
(4) The provisions of this subsection shall not apply to any election
conducted pursuant to subsection (d)(5) or (f).
(f) In lieu of the election procedures provided in this section
pertaining to regular elections of directors in accordance with the general
election laws of the state, the board of directors of any irrigation district of
less than 35,000 acres in size may call an annual meeting of all persons
entitled to vote as provided in subsection (g) for the purpose of electing
directors. Such annual meeting shall be held on the first Tuesday in March.
Notice of the time and place of holding said annual meeting shall be given
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in some newspaper or newspapers of general circulation in the district for
one issue at least 30 days prior to date of such meeting. Elections at the
annual meeting shall be by ballot, with absentee voting as provided under
subsection (d) of this section. All persons desiring to be voted upon as
director shall at least 30 days before the day of holding the annual meeting
file such person's name with the secretary of the board of directors of the
district, affixed to a statement that such person desires such person's name
to be placed on the ballot as a candidate for member of board of directors
of the district. The board of directors shall appoint three owners of
irrigable land in the district to serve as an election board at the annual
meeting. After the votes are cast at the annual meeting the election board
shall proceed to canvass the votes and shall certify to the county election
officer of the county in which all or the greater part of the population of
the irrigation district is located and the chief engineer the result of such
election. All provisions of this section not inconsistent with the provisions
of subsection (f) shall apply to the election of directors at the annual
meeting.
(g) (1) Until such time as assessments are made in the district
pursuant to K.S.A. 42-715, and amendments thereto, those persons entitled
to vote shall be "qualified owners of land" within the irrigation district, as
such term is defined in K.S.A. 42-701, and amendments thereto, and who
are otherwise qualified electors.
(2) After lands have been assessed in the district pursuant to K.S.A.
42-715, and amendments thereto, those persons entitled to vote shall be
"qualified owners of land" within the irrigation district as such term is
defined in K.S.A. 42-701, and amendments thereto, which has been
assessed pursuant to K.S.A. 42-715, and amendments thereto, and who are
otherwise qualified electors. For voting purposes, any person entitled to
vote under this subsection who owns land in more than one voting area
shall vote in the voting area which that includes the greatest portion of
such person's land.
(h) As used in this section, the term "qualified electors" shall include
includes a person who is the legal qualified owner of irrigable land or a
person, who is authorized, in writing, to vote for a trust, corporation,
association or partnership which that is the legal qualified owner of
irrigable land. Such person is not required to be a resident of the district.
Such trust, corporation, association or partnership shall be allowed only
one vote. The person authorized by such entity to vote shall be someone
who is not otherwise entitled to a vote under this section.
Sec. 2. K.S.A. 42-706 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
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