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61-26 City Joint Use of Drains

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CHAPTER 61-26CITY JOINT USE OF DRAINS61-26-01. Application for joint drain. The governing body of any city or the board ofcommissioners of any water resource district desiring to use an existing drain under the<br>jurisdiction of the county board of drainage commissioners, with or without modification, as a<br>watercourse or channel to provide a water supply for the city or water resource district, may<br>make application therefor to the board of drain commissioners of the county in which such drain<br>is located. In such application there shall be set forth a comprehensive plan of joint use and of<br>any proposed extensions, changes, connecting canals, mains, or other contrivances for<br>conducting the flow of water in, to, or from said drain and an offer of payment by the city or water<br>resource district in a definite sum as a proportionate share of the cost of the existing drain, and a<br>sum certain or a percentage offer for future maintenance costs.61-26-02. Hearing on joint drain. Upon receipt of an application, the board of draincommissioners shall call and give notice of a public hearing, in the manner provided for hearing<br>on a petition to establish a drain, and at such hearing shall receive all evidence and opinions<br>offered for or against the application or of suggested modifications. After such hearing the board<br>of drain commissioners and the governing body of the city or board of commissioners of the<br>water resource district, whichever the case may be, may enter into an agreement for the joint use<br>of such drain setting forth in such agreement the extent, conditions, and nature of permitted use<br>and action, the amount of payment to be made as proportionate share of original cost, and the<br>amount or percentage of costs of future maintenance to be paid by the city or water resource<br>district.61-26-03. Payments for city joint drain. All moneys paid pursuant to such agreementshall be paid into the county treasury and be credited to the drain fund of such drain. In the<br>discretion of the board of drain commissioners, the amount received in payment of proportionate<br>share of original cost of such drain which will not be required for future maintenance of the drain<br>may be paid out to the owners of record, at the time of such payment, of land which was<br>assessed for such drain. Applications for such payments shall be made in the form prescribed<br>by the board of drain commissioners and payments shall be made by the execution and delivery<br>of drain board warrants drawn on the drain fund. The payment to the owner or owners of each<br>tract of land shall be a percentage of the total payment to be made to all the owners equal to the<br>percentage of the cost of the drain which was assessed against such tract of land.Page No. 1Document Outlinechapter 61-26 city joint use of drains