§ 30-30-102. Authority to Remove Obstructions in Streams

1. The board of county commissioners of each county shall have authority within its respective county, for flood control purposes only, to remove or cause to be removed any obstruction to the channel of any natural stream which causes a flood hazard, and for such purpose only the board of county commissioners shall have a right of access to any such natural stream, which access shall be accomplished through existing gates and lanes, if possible. Such authority includes the right to modify existing diversion or storage facilities at no expense to the diverter of a water right, but it shall in no way alter or diminish the quality or quantity of water entitled to be received under any vested water right.
2. Except in case of imminent flood danger, such right of access shall be exercised only as follows:
   1. Upon five days’ notice to the landowner and to the owner of any other property or leasehold interest in the area to be inspected, including public utilities, the board of county commissioners shall have a right of access to any natural stream for the purpose of inspecting it and determining if there are obstructions to its channel which create a flood hazard.
   2. If the board of county commissioners determines that there are obstructions on the property owner’s property which in its opinion create a flood hazard, it shall give him written notice of those conditions. Thereafter the board of county commissioners shall negotiate with the owner to reach agreement as to the existence of such conditions and as to the procedures necessary for the elimination thereof. If such agreement is reached, the owner, if he requests, shall be given a reasonable time within which to eliminate such conditions himself, and such agreement may provide for compensation to the owner for such work.
   3. If the board of county commissioners and the owner cannot reach such agreement, then, unless the owner consents to access by the board of county commissioners, the board of county commissioners shall have access only through the institution of proceedings in the district court for a mandatory order compelling the owner to permit access for the purposes specified in subsection (1) of this section. In such court proceedings, it shall be appropriate for the court to consider the necessity for and the reasonableness of the request of the board of county commissioners for access and to award to the owner such payment, if any, as may be proper to compensate him for damages to his property resulting from the flood control work on his property as authorized by the board of county commissioners.
   4. Whenever such action occurs within the boundaries of a municipality, the board of county commissioners shall consult with the governing body of that municipality.
3. Prior to the initiation of any flood control work under this article, the board of county commissioners shall give the division of parks and wildlife written notice, specifying the conditions which in its opinion create a flood hazard and the location of such. This subsection (3) shall not apply in the case of imminent flood danger.

Source: L. 74: Entire article added, p. 230, § 1, effective May 14.