Kansas Statutes Annotated

K.S.A. § 82a-619 (2026)

Powers of rural water districts

✓ current as of May 2026

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82a-619. Powers of rural water districts. Every district incorporated under this act shall have perpetual succession, subject to dissolution or consolidation pursuant to law and shall have the power to:

(a) Exercise eminent domain within the boundaries of such district;

(b) sue and be sued;

(d) hold real and personal property acquired by will, gift, purchase, or otherwise, as authorized by law;

(e) construct, install, maintain and operate such ponds, reservoirs, pipelines, wells, check dams, pumping installations or other facilities for the storage, transportation or utilization of water and such appurtenant structures and equipment necessary to carry out the purposes of its organization;

(f) contract with cities or counties, or both, to operate and maintain state-permitted wastewater treatment works, systems and other facilities relating to the treatment of wastewater within the boundaries of the district;

(g) cooperate with and enter into agreements with the secretary of the United States department of agriculture or the secretary's duly authorized representative necessary to carry out the purposes of its organization; and to accept financial or other aid which the secretary of the United States department of agriculture is empowered to give pursuant to 7 U.S.C. § 1921 et seq., as in effect on the effective date of this act;

(h) acquire loans for the financing of up to 95% of the cost of the construction or purchase of any project or projects necessary to carry out the purposes for which such district was organized and to execute notes and mortgages in evidence thereof with interest, or combined interest and mortgage insurance charges, which shall not exceed 13%, except that for purposes of interim financing, interest or combined interest and mortgage insurance charges shall not exceed 14%. Any district shall have the same power to acquire loans or to issue revenue bonds pursuant to K.S.A. 82a-625, and amendments thereto, for the refinancing of up to 95% of the original cost of any such project or projects. The balance of the cost of construction shall be acquired by subscription, donation, gift or otherwise than through the medium of loans, except that in the case of cooperative corporations and corporations not-for-profit being converted to water districts as provided for in K.S.A. 82a-631 to 82a-635, inclusive, and amendments thereto, the district may assume 100% of the indebtedness of the corporation, providing the corporation originally raised at least 10% of the construction cost by means otherwise than through the medium of loans. Any such loan may be secured by any or all of the physical assets owned by the district, including easements and rights-of-way, except that no district organized under this act shall have any power or authority to levy any taxes.

History: L. 1957, ch. 540, § 8; L. 1959, ch. 415, § 1; L. 1963, ch. 512, § 4; L. 1974, ch. 449, § 1; L. 1976, ch. 438, § 1; L. 1980, ch. 331, § 4; L. 1981, ch. 396, § 1; L. 1982, ch. 435, § 1; L. 2002, ch. 137, § 2; L. 2012, ch. 29, § 2; July 1.

Notes of Decisions

Cited in 10 cases (1 in the last 5 years), 1981–2022 · leading case: City of Eudora v. Rural Water Dist. No. 4, 875 F.3d 1030 (10th Cir. 2017).

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City of Eudora v. Rural Water Dist. No. 4, 875 F.3d 1030 (10th Cir. 2017). · cites it 7× “§ 1926 (b) provided protection to rural water districts like Douglas-4, and K.S.A. § 82a-619(g) gave Douglas-4 the authority to accept such protection.”

Rural Water Dist. No. 4 v. City of Eudora, 875 F. Supp. 2d 1260 (D. Kan. 2012). · cites it 24× “” 29 The court held that K.S.A. § 82a-619, the statute that enumerates a water district’s powers, is the only statute under which Douglas-4 may claim authority to accept a federal loan guarantee, 30 and “[t]hus, Douglas-4 must have either cooperated or entered into an agreement…”

Rural Water Dist. No. 4 v. City of Eudora, Kan., 659 F.3d 969 (10th Cir. 2011). · cites it 5× “The legislature did not further define in K.S.A. § 82a-619 the.meaning of “necessary to carry out the purposes of [a water district’s] organization.”

Rural Water Dist. No. 4 v. City of Eudora, Kansas, 720 F.3d 1269 (10th Cir. 2013). · cites it 7× “” K.S.A. § 82a-619(g) (emphasis added). If the loan was not “necessary to carry out the purposes of its organization,” then Douglas-4 would not merit § 1926(b) protection.”

Rural Water Dist. No. 4 v. City of Eudora, Kan., 604 F. Supp. 2d 1298 (D. Kan. 2009). · cites it 11× “Under K.S.A. § 82a-619, a water district has the power to: (c) contract; .”

Bodine v. Osage Cnty. Rural Water Dist. 7, 949 P.2d 1104 (Kan. 1997). · cites it 2× “K.S.A. 82a-619. However, just because a rural water district has the statutory power to enter into a reasonable contract with a city for the purchase of water does not mean the rural water district owes a duty to the water users, who are not parties to the contract, to interpret…”

Dedeke v. Rural Water Dist. No. 5, 623 P.2d 1324 (Kan. 1981). · cites it 2× “The powers of a rural water district are prescribed by statute (K.S.A. 1980 Supp. 82a-619). It has been granted the power of eminent domain.”

Rural Water Dist. No. 1 v. City of Wilson, 243 F.3d 1263 (10th Cir. 2001). · cites it 2× “§ 1926 (b) Post Rock is a rural water district incorporated by the Ellsworth County Board of County Commissioners to develop and provide water service to the rural residents within its territory, pursuant to Kan. Stat. Ann. § 82a-613 (1997). Kansas law authorizes rural water…”

Whitewater River Watershed Jt. Dist. No. 22 v. Butler Rural Elec. Coop. Ass'n, 626 P.2d 228 (Kan. Ct. App. 1981). “The powers of a rural water district are prescribed by statute (K.S.A. 1980 Supp. 82a-619). It has been granted the power of eminent domain.”

Loyd v. Rural Water Dist. No. 2, Jefferson Cnty., Kansas (Kan. Ct. App. 2022). “82a-615; K.S.A. 82a-617; 82a-618. Additionally, the rural water district is authorized to exercise eminent domain—the power "to take private property for public use"—which is exclusive to government or a lawfully designated authority.”

— K.S.A. § 82a-619(a) — 2 cases

Rural Water Dist. No. 4 v. City of Eudora, Kan., 604 F. Supp. 2d 1298 (D. Kan. 2009). “Under K.S.A. § 82a-619, a water district has the power to: (c) contract; .”

— K.S.A. § 82a-619(b) — 1 case

Rural Water Dist. No. 1 v. City of Wilson, 243 F.3d 1263 (10th Cir. 2001). “§ 1926 (b) Post Rock is a rural water district incorporated by the Ellsworth County Board of County Commissioners to develop and provide water service to the rural residents within its territory, pursuant to Kan. Stat. Ann. § 82a-613 (1997). Kansas law authorizes rural water…”

— K.S.A. § 82a-619(d) — 1 case

Bodine v. Osage Cnty. Rural Water Dist. 7, 949 P.2d 1104 (Kan. 1997). “K.S.A. 82a-619. However, just because a rural water district has the statutory power to enter into a reasonable contract with a city for the purchase of water does not mean the rural water district owes a duty to the water users, who are not parties to the contract, to interpret…”

— K.S.A. § 82a-619(g) — 5 cases

City of Eudora v. Rural Water Dist. No. 4, 875 F.3d 1030 (10th Cir. 2017). “§ 1926 (b) provided protection to rural water districts like Douglas-4, and K.S.A. § 82a-619(g) gave Douglas-4 the authority to accept such protection.”

Rural Water Dist. No. 4 v. City of Eudora, 875 F. Supp. 2d 1260 (D. Kan. 2012). “” 29 The court held that K.S.A. § 82a-619, the statute that enumerates a water district’s powers, is the only statute under which Douglas-4 may claim authority to accept a federal loan guarantee, 30 and “[t]hus, Douglas-4 must have either cooperated or entered into an agreement…”

Rural Water Dist. No. 4 v. City of Eudora, Kansas, 720 F.3d 1269 (10th Cir. 2013). “” K.S.A. § 82a-619(g) (emphasis added). If the loan was not “necessary to carry out the purposes of its organization,” then Douglas-4 would not merit § 1926(b) protection.”

Rural Water Dist. No. 4 v. City of Eudora, Kan., 659 F.3d 969 (10th Cir. 2011). “The legislature did not further define in K.S.A. § 82a-619 the.meaning of “necessary to carry out the purposes of [a water district’s] organization.”

Rural Water Dist. No. 4 v. City of Eudora, Kan., 604 F. Supp. 2d 1298 (D. Kan. 2009). “Under K.S.A. § 82a-619, a water district has the power to: (c) contract; .”

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