AGO 1989-003.

• Case Date: January 12, 1989
• Court: Kansas

Kansas Attorney General Opinions 1989. AGO 1989-003. January 12, 1989ATTORNEY GENERAL OPINION NO. 89-3The Honorable Eugene Shore State Representative 124th District Route 2Johnson, Kansas 67855-9804 Re: Waters and Watercourses--Groundwater Management Districts--"Eligible Voter" Synopsis: A landowner in a groundwater management district is entitled to vote in district elections, unless the landowner agrees to allow the lessee of the land to vote. A person who leases land from several landowners in a district, however, cannot cast a vote for each parcel of land that is under a lease. Cited herein: K.S.A. 82a-1020; 82a-1021. * * * Dear Representative Shore: As State Representative, you have requested our opinion concerning the definition of "eligible voter" contained in the groundwater management districts act, K.S.A. 82a-1020 et seq. K.S.A. 82a-1021(e) provides as follows:

"'Eligible voter' means any person who is a landowner or a water user as defined in this act except as hereafter qualified. Every natural person of the age of eighteen (18) years or upward shall be an eligible voter of a district under this act if (1) he or she is a landowner who owns, of record, any land, or any interest in land, comprising forty (40) or more contiguous acres located within the boundaries of the district and not within the corporate limits of any municipality, or (2) he or she withdraws or uses groundwater from within the boundaries of the district in an amount of one acre-foot or more per year.

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"Each tract of land of forty (40) or more contiguous acres and each quantity of water withdrawn or used in an amount of one acre-foot or more per year shall be represented by but a single eligible voter. If the land is held by lease, under an estate for years, under contract, or otherwise, the fee owner shall be the one entitled to vote, unless the parties in interest agree otherwise. If the land is held jointly or in common, the majority in interest shall determine which natural person or corporation shall be entitled to vote. Each qualified voter shall be entitled to cast only one vote. A person duly authorized to act in a representative capacity for estates, trusts, municipalities, public corporations or private corporations may also cast one vote for each estate, trust, municipality, or public or private corporations so

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