Title 49, Waters, Water Resources and Drainage

If it should be deemed more expedient to the board of supervisors as to money derived from the sale of bonds issued the board may by resolution select some suitable bank or banks or other depository as temporary treasurer or treasurers to hold and disburse the moneys on the order…

The funds derived from the sale of such bonds or any of them shall be used for the purpose of paying the cost of the drainage works and improvements and such costs, expenses, fees and salaries as may be authorized by law and used for no other purpose.

All bonds issued by any board of supervisors under the provisions of this chapter shall be secured by a lien on all lands and other property benefited in the district and the board of supervisors shall see to it that a tax is levied annually and collected under the provisions of …

For that purpose the Department of Administration or a majority of the owners or the owners of a majority of the acreage of such lands may make and sign a petition in which shall be stated: (1) The name of the proposed drainage district; (2) The number of years the district is to…

No drainage district shall be formed, no levy of assessments had and no bonds issued under the provisions of this chapter until an election thereon has been had under the direction of the commissioners of election in the county in which the drainage district is proposed to be for…

To maintain and preserve the ditches, drains, or other improvements made pursuant to this chapter and to repair and restore them when needed and for the purpose of defraying the current expenses of the district the board of supervisors may upon the completion of the improvements …

Whenever the owners of twenty-five per cent or more of the acreage of the lands in a district shall file a petition with the clerk of the court that organized the district stating that there has been a material change in the value of the property in the district since the last pr…

Such notice may be in the following form: Notice is hereby given to all persons interested in the lands included within the __________ drainage district that a petition has been filed in the office of the clerk of the court of common pleas of __________ County praying for a readj…

Upon the hearing of the petition if the court shall find that there has been a material change in the values of the lands in the district since the last previous assessment of benefits the court shall order that there be made a readjustment of the assessment of benefits for the p…

There shall be no such readjustment of benefits oftener than once in five years.

No drainage district shall be established or consolidated under any provisions of this chapter until there shall have been first obtained the written approval or consent of a majority of the owners or the owners of a majority in acreage of the lands within the district, such writ…

Immediately after such petition shall have been filed, the clerk in whose office it has been filed shall give notice by causing publication to be made once a week for four consecutive weeks in some newspaper published in each county in which the lands referred to in the petition …

The board of supervisors or the board of drainage commissioners, for and in behalf of any drainage district organized under the provisions of this chapter, or the owners of land adjacent to such district may file a petition in the office of the clerk of the court organizing the d…

As soon as such petition shall have been filed the clerk of the court shall give notice in the manner and for the time provided for in SECTION 49-19-250. Such notice shall be substantially in the following form: Notice of Drainage Hearing To the owners and all persons interested …

Any owner of land or other property located in the district or any owner of land or property located outside of the district that will be affected by the proposed changes, amendments and corrections enumerated in the petition shall have the right to file objections to the grantin…

The clerk of the court shall, within ten days after the granting of such decree, transmit a certified copy of the petition to the secretary of the board of supervisors and also a copy to each of the clerks of the courts of common pleas of the counties having land in the district …

If the decree of the court provides that the Plan of Reclamation may be amended, changed or corrected or the boundary lines of the district extended the court shall appoint three commissioners, possessing the same qualifications as the commissioners appointed under the provisions…

Any two or more adjacent districts established under this chapter, whether incorporated in the same or different counties, may be united and consolidated in one district and such new district and the board of supervisors thereof shall have the rights, powers and privileges of any…

In order to effect such a consolidation the board of supervisors of each of the original districts shall call an election in the same manner as elections for supervisors, stating the time, place and object of such election. If a majority of the acreage voting in each district vot…

When the petition has been filed the clerk of the court shall give notice of such filing in the manner provided for giving notice in SECTION 49-19-250, the notice to state substantially the contents of the petition and the objects sought and the term of court at which the matter …

The lands so included in the new district shall be subject to all liens, liabilities and obligations of the original districts and a new board of supervisors shall be elected as is now provided in case of election of supervisors.

The notice shall be substantially in the following form which shall be deemed sufficient for all purposes of this chapter: Notice of Application to Form a Drainage District. —Notice is hereby given to all persons interested in the following described lands in __________ County, S…

Whenever the board of supervisors of any district organized under this chapter finds that, in order to raise funds (1) to (a) complete the Plan of Reclamation, (b) pay for works already completed, (c) pay bonds outstanding and interest thereon or such interest alone or (d) restor…

If a majority of the acreage represented at such meeting shall vote in favor of such extension the board of supervisors shall, not less than ten days before the next term of the court of common pleas, file a petition with the clerk of such court, praying for the extension of the …

When the work set out in the Plan of Reclamation of any drainage district is found insufficient to reclaim in whole or in part any or all of the lands of the district the board of supervisors may formulate new or amended plans containing new canals, ditches, levees or other works…

If it should be found at any time that the amount of total tax levied under the provisions of SECTION 49-19-1610 is insufficient to pay the cost of the works set out in the Plan of Reclamation or additional work done under the provisions of SECTION 49-19-2620, the board of superv…

At the time of the construction in any district incorporated under this chapter of the Plan of Reclamation all canals, ditches or systems of drainage already constructed in the district and all watercourses shall, if necessary to the drainage of any lands in the district, be conn…

No canals, ditches, drains or systems of drainage constructed in the district shall be connected with the works constructed under the Plan of Reclamation unless the consent of the board of supervisors shall be first had and obtained. Such consent shall be in writing and shall par…

Any owner of land within or without the district may, at his own expense and in compliance with the terms and provisions of this chapter, construct a bridge across any drain, ditch, canal or excavation in or out of the district.

Any drainage district in this State organized under the provisions of any other law of this State, either general or special, may elect to become and be reorganized under the provisions of this chapter.

The certificate of the clerk or the affidavit of another, with a copy of such notice affixed, showing that the notice has been published as required by this chapter, shall be sufficient evidence of such fact.

The court of common pleas of the county in which any such petition has been filed shall thereafter maintain and have original and exclusive jurisdiction, coextensive with the boundaries and limits of the proposed district, without regard to county lines, for all purposes of this …

Any owner of lands in the proposed district who may not have signed the petition may appear on or before the appearance day stated in the notice and advocate or resist the organization and incorporation of such drainage district. If he shall desire to resist the establishment of …

The word "owner" as used in this chapter shall mean the owner of the freehold estate, as appears by the deed record, and it shall not include reversioners, remaindermen, trustees or mortgagees, who shall not be counted and need not be notified by publication or served by process …

Upon the hearing of the objections, if any have been filed, if the court shall be of the opinion that the establishment of the drainage district and the improvements to be made thereunder will be for the advantage of the owners of the real property therein or that it would be in …

No person who signed the petition shall have the right to have such proceedings dismissed as to him without the written consent of the majority in acreage of the owners who signed the petition. The petition may be amended as any other pleading.

Immediately after the district has been declared a corporation by the court the clerk thereof shall transmit to the Secretary of State a certified copy of the findings and decree of the court incorporating the district and such copy shall be filed in the office of the Secretary o…

The term "land" or "lands" as used in this chapter shall be held to cover and include railroads and all property assessed for benefits.

If any drainage district or districts organized or established under the provisions of this chapter shall be within the boundaries of a district or districts theretofore established under any law of this State the district or districts last organized and established shall be desi…

Within twenty days after any drainage district shall have been organized and incorporated under the provisions of Article 3 of this chapter the clerk of the court in which the petition has been filed shall, upon giving notice by causing publication thereof to be made once a week …

The landowners when assembled shall organize by the election of a chairman and a secretary of the meeting who shall conduct the election. At such election each and every acre of land in the district shall represent one share and each owner shall be entitled to one vote in person …

The owners of a majority of the acreage included in the district shall be necessary to constitute a quorum for the purpose of holding such election or any election thereafter and in case the owners of a majority of the acreage included in such district are not present in person o…

Any such supervisor so appointed by the State Director of the Department of Administration may be removed by the Director of the Department of Administration for dishonesty, incompetency or failure to perform the duties imposed upon him by this chapter and any vacancies which may…

Every year in the same month after the time for the election of the first board of supervisors they shall call a meeting of the landowners in the district in the same manner as is provided for in SECTION 49-19-510 and the owners of land in such district shall meet at the stated t…

In case of a vacancy in an office of supervisor elected by the landowners the remaining supervisors or, if they fail to act within thirty days, the State Director of the Department of Administration may fill such vacancy until the next annual meeting when a successor shall be ele…

Each supervisor before entering upon his official duties shall take and subscribe to an oath before some officer authorized by law to administer oaths that he will honestly, faithfully and impartially perform the duties devolving upon him in office as supervisor of the drainage d…