§ 15-1901. Purpose. To provide for the drainage of agricultural land to the end that it may be made more productive, and in order to benefit the public health, safety and welfare, the department shall possess the powers and exercise the duties hereinafter prescribed in respect to drainage.
§ 15-1903. General provisions and definitions. The following words and phrases used in this title 19, when not otherwise specified, are defined or indicate procedure, as follows: 1. Filing. Wherever it is required that copies of maps and documents be filed, certified copies thereof shall be filed in the offices of the clerks of each […]
§ 15-1905. Drainage improvement districts. 1. Bodies corporate which shall consist of and be known as drainage improvement districts may be created as herein provided to carry out the purposes of title 19 of this article. Such drainage improvement districts are declared to be public corporations and shall have perpetual existence and the power to […]
§ 15-1907. Drainage improvement associations. 1. There shall be in each drainage improvement district an association to be known by the name of the district, as …………. ………… Drainage Improvement Association. It shall be the object of this association to represent the interests of its members in drainage matters before the department and elsewhere and […]
§ 15-1909. Entry upon lands, structures and waters; condemnation. 1. For carrying out the surveys and examinations required by title 19 of this article, the department may enter upon any lands, structures and waters as in its judgment may be necessary, as provided by section 15-0305. 2. The department, its members, officers, employees and agents […]
§ 15-1911. Petition for formation of district. 1. Any three or more persons possessing swamp, bog, pond, meadow, or other low or wet lands or any lands in the vicinity thereof, or any public corporation in which such lands are located, or in the vicinity of such lands, may present to the department a verified […]
§ 15-1913. Proceedings on petition. 1. On receipt of a petition for the formation of a district the department shall make such preliminary investigation of the proposed district as it may find to be suitable and prepare a report thereon. Such report shall describe tentative boundaries for the district, shall contain a preliminary discussion of […]
§ 15-1915. Proceedings for formation of district. 1. At the hearing the department shall hear all persons affected by the formation of the proposed district. The department may change the tentative boundaries of the proposed district, but in that case a new hearing shall be held thereon after due notice thereof. 2. After the final […]
§ 15-1917. Surveys and maps. 1. The department may proceed to make such survey of the district as may be found to be necessary. It shall prepare maps of such district showing natural and artificial features as may be needed, the boundaries of the district, the boundaries and area of each parcel of land in […]
§ 15-1919. Drainage enhancements. 1. For the purpose of making apportionments of the cost of future drainage construction, allowing credits for such construction already completed, determining the economic feasibility of a contemplated construction project and for other purposes, there shall be determined for each parcel of land in a district what is called the drainage […]
§ 15-1921. Proceedings on enhancements. 1. The drainage enhancements shall be set forth in a statement signed by the department, which together with the map of the district shall be filed and notice of a hearing thereon at which grievances will be heard shall be given. At such hearing objectors shall be heard as to […]
§ 15-1923. Plans and estimates. The department may make a study of the works necessary to drain the district and prepare maps, plans, estimates and reports showing a complete system of drainage therefor, the estimated cost of the various ditches and other works and parts thereof and the boundaries of the land which will be […]
§ 15-1925. General apportionment of cost. 1. A general apportionment of the cost of the complete system of drainage shall be made as herein described. The total cost determined under the provisions of section 15-1923 shall be equitably apportioned on the various parcels of land in the district and on such public corporations as the […]
§ 15-1927. Proceedings on general apportionment of costs and final fixation of boundaries. 1. The department shall prepare and sign a statement of the general apportionment of cost and shall file it together with the maps, reports and estimates on which it was based and shall give notice of a hearing thereon. At the hearing […]
§ 15-1929. Corrections and revisions of statements of enhancements. Should it be found necessary to correct or to revise any statements of enhancements due to drainage, general apportionment of cost, general plan for drainage works, estimates of cost of drainage works, boundaries of districts, boundaries of lands assessable for various portions of the work or […]
§ 15-1931. Procedure for authorization of construction. 1. Petition may at any time after the final fixation of boundaries of a drainage improvement district be filed with the department asking that all or a part of the proposed drainage system be constructed. If the work desired is not shown on the plans filed or differs […]
§ 15-1933. Construction. 1. In general all construction work shall be done by contract, but in the event that the estimated cost of such work or of a specified portion thereof shall not exceed the sum of twenty-five thousand dollars, the department may, on the recommendation of the Commissioner of Transportation, authorize the Commissioner of […]
§ 15-1935. Contracts. 1. The department may prepare contracts, plans and specifications for doing such work and furnishing the necessary materials. The work may be divided into several parts and a separate contract let for each. Each contract shall contain a provision that no extra or unspecified work shall be certified for payment unless such […]
§ 15-1937. Operation and maintenance. 1. The care, operation and maintenance of the drainage works in a drainage improvement district shall be subject to the control and supervision of the department. It shall be the duty of the department, within the limit of the funds made available for that purpose, to maintain the drainage works […]
§ 15-1939. Special apportionment of cost. 1. The special apportionment of the cost of a construction project, be it new construction, enlargement, repair or maintenance, must be based on the benefits derived from the work. This will conform to that part of the general apportionment applicable to the particular ditch or part of a ditch […]
