# K.S.A. § 42-397: 42-397 - Repeated unlawful diversion as evidence

> Kansas · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_KS_C42_A3_S42-397

## Section

- **Citation:** K.S.A. § 42-397
- **Heading:** 42-397 - Repeated unlawful diversion as evidence
- **Jurisdiction:** Kansas
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** KS Code / Chapter 42 / Article 3 / Section 42-397

## Text

42-397. Repeated unlawful diversion as evidence. If it shall appear that upon two or more occasions within the same period of thirty days or less, water to the carriage, use or enjoyment whereof any person or corporation was entitled for any purpose, was diverted or flowed without consent of such person or corporation into the works of any other carrier, or to the field, meadow, mill, manufactory or other works, or the habitation or premises, of any person or corporation not entitled thereto, this shall be deemed and taken as prima facie evidence that any improper diversion thereof afterwards during the same calendar year was caused or procured by the carrier into whose works or the person to whose field, meadow, mill, manufactory, works, habitation or premises such waters were so improperly diverted or flowed.

## Nearby sections

- [K.S.A. § 42-3,100 42-3,100 - Closing head gates for failure to construct rating flume or measuring device.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C42_A3_S42-3%2C100.md)
- [K.S.A. § 42-3,101 42-3,101 - Penalty for failure to construct devices, or to lock head gate and deliver key, or to maintain such devices.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C42_A3_S42-3%2C101.md)
- [K.S.A. § 42-3,102 42-3,102 - Procedure upon failure of proprietors to construct or maintain head gate; costs; attorney fees; sale of proprietors' rights to pay cost; liability of proprietors; penalty for unlawful acts.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C42_A3_S42-3%2C102.md)
- [K.S.A. § 42-3,103 42-3,103 - Inspection of works; condemnation and abatement.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C42_A3_S42-3%2C103.md)
- [K.S.A. § 42-3,104 42-3,104 - Damage liability for negligent or unlawful construction of work; penalty for unlawful act.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C42_A3_S42-3%2C104.md)
- [K.S.A. § 42-3,105 42-3,105 - Complaint by person fearing injury or damage.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C42_A3_S42-3%2C105.md)
- [K.S.A. § 42-3,106 42-3,106 - Same; orders of district court; injunction; costs.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C42_A3_S42-3%2C106.md)
- [K.S.A. § 42-3,107 42-3,107 - Abatement of structure as nuisance by sheriff; costs.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C42_A3_S42-3%2C107.md)
- [K.S.A. § 42-3,108 42-3,108 - Same; payment of costs.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C42_A3_S42-3%2C108.md)
- [K.S.A. § 42-3,110 42-3,110 - False swearing.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C42_A3_S42-3%2C110.md)
- [K.S.A. § 42-3,111 42-3,111 - Civil liability of officers.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C42_A3_S42-3%2C111.md)
- [K.S.A. § 42-302 42-302 - Extent of appropriation; residue of waters.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C42_A3_S42-302.md)
- [K.S.A. § 42-303 42-303 - Right to conduct water along natural channels and withdraw same.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C42_A3_S42-303.md)
- [K.S.A. § 42-304 42-304 - Change of natural channel so as to prevent inflow into ditch or conduit.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C42_A3_S42-304.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_KS_C42_A3_S42-397. Check the current official text before relying on it. Not legal advice.