Tuesday, February 13, 1979
9
Landowner's alternatives drained
By BRUCE THOMAS
University Daily Kansan
Staff Renarter
Years of disagreement with the
Wakarusa-Kaw Drainage District ended
years ago.
The Douglas County Commission in a rare, quasi-court action decided that Ott could not withdraw his property from the drainage district.
"In 27 years, since 1951 when the drainage district was formed, nothing has been done for the properties and lands I have acquired," Ott told the commission Thursday when he stated his case for detachment.
Ott has been farming the land he inherited from his father for more than 50 years. His son now farms most of the land. Ott, who has bought land for many years, has a large farm and dairy near Eudora, eight miles east of Lawrence.
A drainage district statute states that a landowner may detach only if his property has been harmed and not benefited by improvements in the drainage district.
Ott, claiming that he has been damaged by taxation, said, "We have been damaged because we paid for something and we've gotten nothing in return.
"I WOULDN't CALL that a benefit. I receive benefits I would have to see ditches dug and water flowing, I believe this is the district whose uwa-KaW Drainage District was formed."
Beverly Bradley, county commissioner, said, "I could not see in my mind that the department would do this."
the drainage board had to have harmed his land and this didn't happen."
The drainage of OH's 200 acres, which has flooded recently, has had an active history.
In a 1968 meeting, the Drainage District secured cessation rights to drain some of the water from Ott's land across land adjacent to his and into the Wakaraura river.
With permission from the Santa Fe Railroad, other water from Ott's land could have been drained along ditches on railroad lands.
TWO YEARS LATER, in 1870, this plan was discarded by the drainage board in favor of another plan. Construction of the drainage ditches had not been started.
Ot claimed he had never been notified of the board's decision to discard the 1986 plan.
"I just thought that it would be taken care of in a matter of time," Ott said. "You have to have a degree of patience even though you're chatting at the bit and want it done."
Arthur Pendleton, a drainage board member in 1968 and 1970, said the 1968 plan was discarded because it would cost four to five times more than the 1970 plan. In the 1968 plan, he said, a natural gas pipeline would have had to have been moved.
In the 1970 plan, the land owned by three different landowners in the area was to be drained, and OT's land was among that. The magnitude of his land was at the bottom of the lake.
"THE DECISION of how fast and in which direction to go with the drainage plans is up to the drainage board," Bob Neise, county commissioner, said.
The next day he be began a $16,000 construction project to drain and level his lands. He also called drainage board members and requested a meeting. The meeting never was called by the board members.
"This does seem like a relatively short time for the drainage district to call a meeting. However, at this time of the year you better get with the project and finish it."
OI said, "I thought if I had this land, then the drainage board would provide an outlet
In July 1974, Ott fitted a law suit against the county commission, the drainage board and the county treasurer. He also began his drainage district taxes under protest.
Ot's suit asked to refund taxes paid under protest, to be detached from the drainage district and to be paid $10,315 for work he did to drain some of his land.
On Nov. 20, 1973, Ott bought lands that at one time had blocked his access to drainage and that had been granted drainage easement in the 1968 plan.
Ot lost his last recourse for detachment yesterday.
"IT'S REALLY NO problem to pick up a phone and say let's hold a meeting with
After offers by the drainage district's attorney of $5,800 to settle out of court, the judge ordered that it be sentenced.
Positions Available
Daniel Young, legal counsel for the county, said the Drainage District would have access to OE's drainage ditches. The district must pay film for the use of his ditches.
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Pendleton said he did not call a meeting because he thought Ott had decided to leave.
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However, Ott said that he might take the issue to the Kansas Supreme Court before allowing other land to be drained across his own.
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TRANSFER STUDENTS
(Plus any interested upperclassmen)
The 30th Annual
Principal-Counselor-Freshman
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Conference will be held on Wednesday, February 14 in the Kansas Union
in the Kansas Union
Each year the Office of Admissions and Records sponsors a Conference which brings to the campus high school principals and counselors and community college personnel for a program of academic and student affairs presentations. On the mornings, the Office will meet with their former students who are freshmen or community college transfers.
The Office of Admissions and Records invited interested students to take part in this year's Conference. It will be an excellent opportunity to discuss your preparation for the conference, and to provide you with advice and your concerns for the future here. Your participation also helps the University build a stronger relationship with your former school, which gained valuable information from the conference.
Students attending the morning meeting will be excused from attendance in their class between 9:30 and 10:30 a.m. on the 14th. The following high schools and community colleges will be attending the Conference and have indicated an interest in visiting with their former students in the Kansas Union. The locations are indicated
KANSAS HIGH SCHOOLS:
Abilene—B
Arkansas City—B
Alvieen—C
Augusta—B
Baldwin City—B
Basehor—C
Belleville—C
Belot—B
Bern, Axell, Summerfield—C
Bishop Carroll, Wichita—B
Alcove B, Level 3
Blue Valley (Randolph), Miltonvale—B
Blue Valley (Stanley)—B
Central Heights (Richmond)—C
Chauvin—C
Chaparral—B
Cimarron, Ensign—B
Colby—B
County, B, Willett—B
Council Grove—C
Decatur—B
Derby—B
Desoto—B
Dodge City—B
Elkhart—B
Emporia—B
Erie, St. Paul, Thayer—B
Edun—B
Eureka—C
Field Kindle Memorial—B
Fort Scott—C
Garden City—C
Gardner—B
Garnett—B
Goddard—B
Bond B, Level 3
Great Bend—B
Greensburg—B
Hawatha—B
Highland Park—B
Hill City—C
Holsington—C
Hope—C
Hollins—C
Hoxie—C
Hutchinson—Alcove B, Level 3
Immaculata—C
Independence—C
Iola—B
J. C. Harmon—B
Jetmore—B
Immaculata—C
Independence—C
Iola—B
Kapuwa M. Camel—Alcove E, Level 3
Kingman—B
Lansing—B
Leavenworth Big Eight Room, Level 5
Leavenworth Sunflower Room, Level 2
Lincoln—C
Louisburg—C
Lyons—C
Manhattan—C
Marysville—C
McCune, Southeast (Cherokee)—C
McPheron—C
Meade—C
Mission Valley—C
Mulvane—C
Nemaha Valley—C
Neodesha—C
Ness City—B
Newton—C
Northern Heights (Allen)—C
Tailahua—Oread Room, Level 5
Osawatson—C
Ottawa—C
Paola—B
Perry Leptonton—C
Phillipsburg—C
Plainville—C
Prarie View—C
Sabina, Wetmore—C
Sacred Heart—C
Salina Central—Regionalist Room, Level 5
Salina South—B
Seaman—B
Shawnee Mission East—Centennial Room, Level 6
Shawnee Mission North—Parior A, Level 6
Shawnee Mission Northwest—Parior C, Level 5
Shawnee Mission South—Kansas Room, Level 6
Shawnee Mission West—Walnut Room Level 6
Silver Lake—C
Syracuse—C
Tonganoxie—C
Topeka High—Curry Room, Level 6
Topeka West International Room, Level 5
Troy—C
Turner—B
Ulysses—C
Valley Center—C
Wabaunsee—C
Wamego—C
Washburn Rural—C
Washington K. C.-Cottonwood Room, Level 5
Wellington—C
Wichita County—B
West East Almove C, Level 3
Wichita Heights—B
Wichita North—B
Wichita South—B
Wichita Southheast—Meadowlark Room Level 6
Wichita West-Walnut Room, Level 6
Winfield—C
MISSOURI HIGH SCHOOLS:
Horton Watkins, St. Louis, Mo.-Governor's Room, Level 4
Lee's Summit, Lee's Summit, Mo.-C Van Horn, Inc., Mo.-B
COMMUNITY COLLEGES:
Allen County, Iola—B
Barton County, Great Bend —B
Coffeyville—B
Colby—B
Dodge City—B
Garden City—B
Berkley—B
Hutchinson—Pine Room, Level 6
Independence—B
Johnson County—Forum Room, Level
Kansas City Kansas—Counsel Room,
Labette, Parsons, B
Longlew, Lel's Committ. Mo —B
Neeson, K.C., B
Penn Valley, K.C. Mo —B
Pratt —B
Rockford
B - Ballroom, C - Cafeteria,
Level 5 Level 3
This is your opportunity to feedback information about experiences at KU to your former high school and community college.
Room Schedule for Student Conferences 9:30 a.m. to 10:30 a.m.
February 14. Kansas Union
in case you have any questions concerning the conference, please contact the Office of Admissions and Records, 126 Strong Hall, phone 884-3911.