Printable Format24-301. Board of county commissioners to establish ditches, drains or streams. That the board of county commissioners of any county in this state shall have power, whenever in their opinion the same is demanded by or will be conducive to the public health, convenience, or welfare, to cause to be established, located and constructed, as hereinafter provided, any ditch, drain or watercourse within such county: Provided, That it shall be unlawful to divert any natural watercourse from a well defined channel.
History: L. 1886, ch. 161, ยง 1; February 24; R.S. 1923, 24-301.
CASE ANNOTATIONS
1. Proviso hereof not repealed by L. 1891, ch. 204. Montague v. Jefferson Co., 7 Kan. App. 160, 165, 53 P. 145.
2. Constitutionality of act considered; act held valid. Shreves v. Gibson, 76 Kan. 709, 710, 92 P. 584.
3. Act cited in considering validity of L. 1905, ch. 215 (article 4, herein). Roby v. Drainage District, 77 Kan. 754, 757, 95 P. 399.
4. Location of ditch held in substantial compliance with petition filed. Brown v. Corrigan, 85 Kan. 33, 116 P. 226.
5. Demurrer to protest; sustaining by county commissioners not judicial act. Coffman v. Hall, 107 Kan. 188, 190 P. 761.