Title 46A — WATER MANAGEMENT

The Department of Agriculture and Natural Resources shall establish and administer a statewide mediation program to provide assistance to property owners who seek to use mediation as a method to resolve disputes over the surface or subsurface drainage of water. The secretary of t…

All staff services required by the drainage mediation program shall be provided by the Department of Agriculture and Natural Resources. The secretary of agriculture and natural resources may employ agents and employees as the secretary deems necessary. The mediation services shal…

Any fees incurred in the mediation process provided under this chapter and by rule shall be borne equally between the parties to the drainage dispute. The fees shall be deposited in the farm mediation operating fund. All money in the farm mediation operating fund is continuously …

The Department of Agriculture and Natural Resources, in the administration of this chapter, may contract with one or more governmental entities, nonprofit corporations, individuals, or other entities as determined by the Department of Agriculture and Natural Resources to provide …

The requesting party shall promptly provide to the Department of Agriculture and Natural Resources, upon the agreement of at least two parties to enter into the mediation program created under this chapter, a list of other parties to the drainage dispute and any property owner an…

Any agreement reached between the parties to the drainage dispute as a result of mediation shall be drafted into a written agreement. If signed by the parties, the agreement constitutes a binding contract, and the mediator shall so certify. Source: SL 2015, ch 226 , § 6.

Information relating to the dispute between the parties to the drainage dispute which is disclosed to the mediator or which is created, collected, or maintained by the Department of Agriculture and Natural Resources mediation program pursuant to the terms of this chapter is confi…

Any person serving as a mediator pursuant to this chapter is immune from civil liability in any action brought in any court in this state on the basis of any act or omission resulting in damage or injury if the person was acting in good faith, in a reasonable and prudent manner, …

Any person or party that claims to be impacted by the planned drainage activities, upon timely notice, is allowed to intervene in the mediation process if the person's or party's claim of impact is supported by a claim that the person or party owns or administers real property im…