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Section 46A-10A-1 - Definitions. - 46A-10A-1. Definitions. Terms used in this chapter and chapter 46A-11,...
Section 46A-10A-2 - County drainage commission--Appointment--Filling vacancies--Majority required to act--Ex officio members. - 46A-10A-2. County drainage commission--Appointment--Filling vacancies--Majority required to act--Ex officio members....
Section 46A-10A-3 - Term and removal of members. - 46A-10A-3. Term and removal of members. The term of office...
Section 46A-10A-4 - Meetings. - 46A-10A-4. Meetings. A drainage commission shall meet at such times...
Section 46A-10A-5 - Compensation of members. - 46A-10A-5. Compensation of members. Per diem and expenses of a...
Section 46A-10A-6 - Employment of personnel. - 46A-10A-6. Employment of personnel. To carry out the purposes of...
Section 46A-10A-7 - Assistance by units of state government--Expense reimbursement. - 46A-10A-7. Assistance by units of state government--Expense reimbursement. Any unit...
Section 46A-10A-7.1 - Maintenance of correspondence file--Correspondence marked with date of receipt--Term of retention. - 46A-10A-7.1. Maintenance of correspondence file--Correspondence marked with date of receipt--Term...
Section 46A-10A-8 - State Water Management Board, districts, and existing water rights unaffected--Effect on drainage districts. - 46A-10A-8. State Water Management Board, districts, and existing water rights...
Section 46A-10A-9 - Joint drainage efforts by counties. - 46A-10A-9. Joint drainage efforts by counties. The boards or commissions...
Section 46A-10A-9.1 - Petition for assistance in development of intercounty drainage plan--Board defined. - 46A-10A-9.1. Petition for assistance in development of intercounty drainage plan--Board...
Section 46A-10A-9.2 - Meeting to develop mutually acceptable joint county drainage activities. - 46A-10A-9.2. Meeting to develop mutually acceptable joint county drainage activities....
Section 46A-10A-9.3 - Recommendation, notice, and hearing before Water Management Board--Cost of publication--Implementation. - 46A-10A-9.3. Recommendation, notice, and hearing before Water Management Board--Cost of...
Section 46A-10A-9.4 - Limitation on effectiveness of action required by Water Management Board. - 46A-10A-9.4. Limitation on effectiveness of action required by Water Management...
Section 46A-10A-9.5 - Action required by board to be included in county drainage plan--Not subject to referendum procedure. - 46A-10A-9.5. Action required by board to be included in county...
Section 46A-10A-10 - Joint powers agreements by local units of government as to drainage. - 46A-10A-10. Joint powers agreements by local units of government as...
Section 46A-10A-11 - Agreements for receipt of federal or state funds for drainage. - 46A-10A-11. Agreements for receipt of federal or state funds for...
Section 46A-10A-12 - Municipality contracting with county for services--Fees. - 46A-10A-12. Municipality contracting with county for services--Fees. Any governing body...
Section 46A-10A-13 - Joint county-municipal drainage activities. - 46A-10A-13. Joint county-municipal drainage activities. A contract between a governing...
Section 46A-10A-14 - Board to provide funds, equipment, and accommodations for county drainage activity. - 46A-10A-14. Board to provide funds, equipment, and accommodations for county...
Section 46A-10A-15 - Adoption of emergency drainage measures--Hearing--Notice--Limited term--Renewal. - 46A-10A-15. Adoption of emergency drainage measures--Hearing--Notice--Limited term--Renewal. If a county...
Section 46A-10A-16 - County drainage plan--Preparation--Adjuncts--Considerations. - 46A-10A-16. County drainage plan--Preparation--Adjuncts--Considerations. A board or a county drainage...
Section 46A-10A-17 - Purposes of drainage plan. - 46A-10A-17. Purposes of drainage plan. A drainage plan shall be...
Section 46A-10A-18 - Drainage projects and coordinated drainage areas authorized. - 46A-10A-18. Drainage projects and coordinated drainage areas authorized. Official controls...
Section 46A-10A-19 - Maps authorized. - 46A-10A-19. Maps authorized. Official controls instituted by a board or...
Section 46A-10A-20 - Legal controls for drainage management--Right to continue existing drainage. - 46A-10A-20. Legal controls for drainage management--Right to continue existing drainage....
Section 46A-10A-21 - Official controls not limited. - 46A-10A-21. Official controls not limited. Official controls are not limited...
Section 46A-10A-22 - Publication of notice of hearing on proposed drainage plan. - 46A-10A-22. Publication of notice of hearing on proposed drainage plan....
Section 46A-10A-23 - Board action on plan by ordinance or resolution. - 46A-10A-23. Board action on plan by ordinance or resolution. Based...
Section 46A-10A-24 - Filing and publication of board action on plan--Effective date of plan--Public inspection. - 46A-10A-24. Filing and publication of board action on plan--Effective date...
Section 46A-10A-25 - Petition for election on adoption of plan--Notice of election--Ballots--Suspension of effective date--Inconsistent drainage efforts prohibited. - 46A-10A-25. Petition for election on adoption of plan--Notice of election--Ballots--Suspension...
Section 46A-10A-26 - Rejection of plan by voters--Revision, filing, and publication. - 46A-10A-26. Rejection of plan by voters--Revision, filing, and publication. If...
Section 46A-10A-27 - Filing copy of adopted official control. - 46A-10A-27. Filing copy of adopted official control. Upon adoption of...
Section 46A-10A-28 - Approval required for rehabilitation or construction of drain covered by plan--Board review of commission decision. - 46A-10A-28. Approval required for rehabilitation or construction of drain covered...
Section 46A-10A-29 - Failure of commission to act as approval--Extension of period by board. - 46A-10A-29. Failure of commission to act as approval--Extension of period...
Section 46A-10A-30 - Permit system for drainage--Fee--Modification of drain or use of unrecorded right--Drainage without permit as misdemeanor--Civil penalty. - 46A-10A-30. Permit system for drainage--Fee--Modification of drain or use of...
Section 46A-10A-31 - Recording existing drainage rights--Information required--Disputing rights--Appeals--Recording final decision. - 46A-10A-31. Recording existing drainage rights--Information required--Disputing rights--Appeals--Recording final decision. Any...
Section 46A-10A-31.1 - Notice of recording requirements. - 46A-10A-31.1. Notice of recording requirements. On or before July 1,...
Section 46A-10A-31.2 - Local governments exempt from recording requirements. - 46A-10A-31.2. Local governments exempt from recording requirements. No county, municipality,...
Section 46A-10A-32 - Copy of recorded vested right to department. - 46A-10A-32. Copy of recorded vested right to department. After a...
Section 46A-10A-33 - Enforcement of chapter and official controls. - 46A-10A-33. Enforcement of chapter and official controls. The board shall...
Section 46A-10A-34 - Adjudication functions of commission or board. - 46A-10A-34. Adjudication functions of commission or board. A board may...
Section 46A-10A-34.1 - Board of adjudication by mutual agreement--Jurisdiction. - 46A-10A-34.1. Board of adjudication by mutual agreement--Jurisdiction. Any other provision...
Section 46A-10A-35 - Appeals from commission and board--Time allowed--Commencing action in circuit court. - 46A-10A-35. Appeals from commission and board--Time allowed--Commencing action in circuit...
Section 46A-10A-36 - Regulation and elimination of nonconforming drains. - 46A-10A-36. Regulation and elimination of nonconforming drains. The board may...
Section 46A-10A-37 - Amendment and repeal of drainage plan--Request by petition. - 46A-10A-37. Amendment and repeal of drainage plan--Request by petition. Regulations,...
Section 46A-10A-38 - Petition by landowner for change of drainage restrictions--Notice to directly affected persons. - 46A-10A-38. Petition by landowner for change of drainage restrictions--Notice to...
Section 46A-10A-39 - Hearing on petition--Commission recommendation to board. - 46A-10A-39. Hearing on petition--Commission recommendation to board. Following receipt of...
Section 46A-10A-40 - Affected person's right to be heard--Resolution adopting or rejecting proposal--Review, publication, and effective date of adoption--Election. - 46A-10A-40. Affected person's right to be heard--Resolution adopting or rejecting...
Section 46A-10A-41 - Drainage plan or official controls for municipality--Approval or contract by municipality required for effectiveness. - 46A-10A-41. Drainage plan or official controls for municipality--Approval or contract...
Section 46A-10A-42 - Jurisdiction of incorporated municipality. - 46A-10A-42. Jurisdiction of incorporated municipality. Nothing in this chapter other...
Section 46A-10A-43 - Drainage district continuation and dissolution--County plan to include districts, vested rights and plans or projects of local government units and coordinated drainage areas. - 46A-10A-43. Drainage district continuation and dissolution--County plan to include districts,...
Section 46A-10A-43.1 - Petition for future maintenance of drain jointly and voluntarily maintained by landowners within ten years of July 1, 1985. - 46A-10A-43.1. Petition for future maintenance of drain jointly and voluntarily...
Section 46A-10A-43.2 - Signing of petition--Contents. - 46A-10A-43.2. Signing of petition--Contents. The petition shall be signed by...
Section 46A-10A-43.3 - Presentation of petition--Filing--Transmittal to Department of Agriculture and Natural Resources--Hearing. - 46A-10A-43.3. Presentation of petition--Filing--Transmittal to Department of Agriculture and Natural...
Section 46A-10A-43.4 - Opportunity to appear at hearing--When granted--Resolution by board as to maintenance of drain. - 46A-10A-43.4. Opportunity to appear at hearing--When granted--Resolution by board as...
Section 46A-10A-44 - Recommendation that state's attorney seek injunction or other court action to prevent or abate violation. - 46A-10A-44. Recommendation that state's attorney seek injunction or other court...
Section 46A-10A-45 - Mandamus proceedings authorized. - 46A-10A-45. Mandamus proceedings authorized. Any taxpayer of a county may...
Section 46A-10A-46 - Control of drainage construction, rehabilitation, or methods--Approval of board. - 46A-10A-46. Control of drainage construction, rehabilitation, or methods--Approval of board....
Section 46A-10A-47 - Coordinated drainage area--Application for establishment--Inconsistency with county plan or controls barring formation--Validity of information in county in process of adopting plan or controls. - 46A-10A-47. Coordinated drainage area--Application for establishment--Inconsistency with county plan or...
Section 46A-10A-48 - Survey and map of proposed coordinated drainage area required--Availability for examination. - 46A-10A-48. Survey and map of proposed coordinated drainage area required--Availability...
Section 46A-10A-49 - Form, verification, signatures, filing, and presentation of application for establishment of area. - 46A-10A-49. Form, verification, signatures, filing, and presentation of application for...
Section 46A-10A-50 - Order establishing area subject to voters' approval--Notice of election--Exemption from election requirement. - 46A-10A-50. Order establishing area subject to voters' approval--Notice of election--Exemption...
Section 46A-10A-51 - Publication of election notice. - 46A-10A-51. Publication of election notice. The board or commission shall...
Section 46A-10A-52 - Hours polls open--Costs of election. - 46A-10A-52. Hours polls open--Costs of election. At any election to...
Section 46A-10A-53 - Establishment of area effective on voters' approval--Waiting period after rejection by voters. - 46A-10A-53. Establishment of area effective on voters' approval--Waiting period after...
Section 46A-10A-54 - Appointment and duties of election officers--Order declaring area established--Conclusiveness of order. - 46A-10A-54. Appointment and duties of election officers--Order declaring area established--Conclusiveness...
Section 46A-10A-55 - Expenditure of county funds for application for coordinated drainage area--Assessment of costs from benefiting landowners. - 46A-10A-55. Expenditure of county funds for application for coordinated drainage...
Section 46A-10A-56 - Public lands subject to drainage laws--Service of notices--Appearance by board or officer in charge. - 46A-10A-56. Public lands subject to drainage laws--Service of notices--Appearance by...
Section 46A-10A-57 - Responsibilities for drainage projects. - 46A-10A-57. Responsibilities for drainage projects. A commission, if one is...
Section 46A-10A-58 - Signatures required for board action on drainage project petition. - 46A-10A-58. Signatures required for board action on drainage project petition....
Section 46A-10A-59 - Contents of drainage project petition. - 46A-10A-59. Contents of drainage project petition. A project petition shall...
Section 46A-10A-60 - Presentation and filing of petition--Time for board action--Copy to department. - 46A-10A-60. Presentation and filing of petition--Time for board action--Copy to...
Section 46A-10A-61 - Survey and report contracted by board--Contents--Right of entry--Copy to department. - 46A-10A-61. Survey and report contracted by board--Contents--Right of entry--Copy to...
Section 46A-10A-62 - Survey report to be written--Inspection--Scheduling hearing--Notice requirements. - 46A-10A-62. Survey report to be written--Inspection--Scheduling hearing--Notice requirements. The report...
Section 46A-10A-63 - Appearances at hearing--Establishment of project--Variation from report--Adjournment of hearing--Notices. - 46A-10A-63. Appearances at hearing--Establishment of project--Variation from report--Adjournment of hearing--Notices....
Section 46A-10A-64 - Assistance by department--Reimbursement of expenses. - 46A-10A-64. Assistance by department--Reimbursement of expenses. If so requested, the...
Section 46A-10A-65 - Denial of petition or establishment of project--Findings required. - 46A-10A-65. Denial of petition or establishment of project--Findings required. If...
Section 46A-10A-66 - Assessments authorized--Expenses paid. - 46A-10A-66. Assessments authorized--Expenses paid. Assessments shall be made as provided...
Section 46A-10A-67 - Acquisition of easements. - 46A-10A-67. Acquisition of easements. An easement for a drainage right...
Section 46A-10A-68 - Damages due to project--Determination--Hearing--Appeal. - 46A-10A-68. Damages due to project--Determination--Hearing--Appeal. If a board establishes a...
Section 46A-10A-69 - Naming project--Record of proceedings. - 46A-10A-69. Naming project--Record of proceedings. Any project established pursuant to...
Section 46A-10A-70 - Permissible drainage of land. - 46A-10A-70. Permissible drainage of land. Subject to any official controls...
Section 46A-10A-71 - Drains along or across highways. - 46A-10A-71. Drains along or across highways. Subject to any official...
Section 46A-10A-72 - Open ditches restricted along highways. - 46A-10A-72. Open ditches restricted along highways. No open ditch may...
Section 46A-10A-73 - Drains along and across railroads--Costs. - 46A-10A-73. Drains along and across railroads--Costs. A drain may be...
Section 46A-10A-74 - Construction of drainage facilities across railroads--Costs. - 46A-10A-74. Construction of drainage facilities across railroads--Costs. A railroad's reasonable...
Section 46A-10A-75 - Construction contracts--Bids--Preference of landowners--Bond of contractor--Construction without contract. - 46A-10A-75. Construction contracts--Bids--Preference of landowners--Bond of contractor--Construction without contract. At...
Section 46A-10A-76 - Highway bridges and culverts--Construction--Maintenance--Modification--Costs. - 46A-10A-76. Highway bridges and culverts--Construction--Maintenance--Modification--Costs. Contracts for building public highway...
Section 46A-10A-77 - Construction and contracting powers of board. - 46A-10A-77. Construction and contracting powers of board. Any county board...
Section 46A-10A-78 - Maintenance and improvement of existing drains, watercourses, and levees. - 46A-10A-78. Maintenance and improvement of existing drains, watercourses, and levees....
Section 46A-10A-79 - Apportionment of original cost to annexed area when project extended. - 46A-10A-79. Apportionment of original cost to annexed area when project...
Section 46A-10A-80 - Maintenance of drains--Assessment of costs. - 46A-10A-80. Maintenance of drains--Assessment of costs. Any drain that has...
Section 46A-10A-81 - Jurisdiction of improved existing drain--Maintenance--Assessments. - 46A-10A-81. Jurisdiction of improved existing drain--Maintenance--Assessments. If an existing drainage...
Section 46A-10A-82 - Maintenance without notice--Actions authorized. - 46A-10A-82. Maintenance without notice--Actions authorized. At any time and on...
Section 46A-10A-83 - Petition for repair or improvement of drain. - 46A-10A-83. Petition for repair or improvement of drain. If a...
Section 46A-10A-84 - Repairs without contract--Cost reimbursement. - 46A-10A-84. Repairs without contract--Cost reimbursement. If required drainage repairs will...
Section 46A-10A-85 - Replacing drain as repair. - 46A-10A-85. Replacing drain as repair. If, in repairing a closed...
Section 46A-10A-86 - Improvements--Survey and cost estimate--Ordering without notice. - 46A-10A-86. Improvements--Survey and cost estimate--Ordering without notice. If a board...
Section 46A-10A-87 - Improvements requiring notice and hearing--Reclassification of benefits--Appeal. - 46A-10A-87. Improvements requiring notice and hearing--Reclassification of benefits--Appeal. If a...
Section 46A-10A-88 - Assessment of maintenance and improvement costs. - 46A-10A-88. Assessment of maintenance and improvement costs. Costs of cleaning,...
Section 46A-10A-89 - Maintenance and assessments for drainage work in more than one county. - 46A-10A-89. Maintenance and assessments for drainage work in more than...
Section 46A-10A-90 - Injury or obstruction of drainage as misdemeanor--Civil liability. - 46A-10A-90. Injury or obstruction of drainage as misdemeanor--Civil liability. Any...
Section 46A-10A-91 - Drain or watercourse constructed to prevent entry of water as nuisance--Exception. - 46A-10A-91. Drain or watercourse constructed to prevent entry of water...
Section 46A-10A-92 - Abandonment of project--Procedure. - 46A-10A-92. Abandonment of project--Procedure. Any intrastate drainage project, local drainage...
Section 46A-10A-93 - Approval required to alter drainage rights established with federal or state funds. - 46A-10A-93. Approval required to alter drainage rights established with federal...
Section 46A-10A-94 - Accounts of expenditures maintained--Inspection. - 46A-10A-94. Accounts of expenditures maintained--Inspection. An itemized account of expenditures...
Section 46A-10A-95 - Appeal by state as to public lands. - 46A-10A-95. Appeal by state as to public lands. In any...
Section 46A-10A-96 - Stay of proceedings on appeal--Bond--Damages. - 46A-10A-96. Stay of proceedings on appeal--Bond--Damages. No appeal may operate...
Section 46A-10A-97 - Costs on appeal. - 46A-10A-97. Costs on appeal. If, on appeal, the court rules...
Section 46A-10A-98 - Drainage district management by Board of Trustees. - 46A-10A-98. Drainage district management by Board of Trustees. Any established...
Section 46A-10A-99 - Petition for election. - 46A-10A-99. Petition for election. Twenty percent of the landowners as...
Section 46A-10A-100 - Election meeting--Appointments. - 46A-10A-100. Election meeting--Appointments. The board of county commissioners shall at...
Section 46A-10A-101 - Publication of notice of election--Votes by proxy. - 46A-10A-101. Publication of notice of election--Votes by proxy. The county...
Section 46A-10A-102 - Election board to procure district records preceding election--Elected trustees to act as record custodians--Updates to district records. - 46A-10A-102. Election board to procure district records preceding election--Elected trustees...
Section 46A-10A-103 - Voting rights of title holder. - 46A-10A-103. Voting rights of title holder. Anyone who has acquired...
Section 46A-10A-104 - Landowner or joint landowners entitled to one vote collectively--Voting rights of minor or protected person. - 46A-10A-104. Landowner or joint landowners entitled to one vote collectively--Voting...
Section 46A-10A-105 - Voting through agent or proxy--Power of attorney to specify election for which it is used--Delivery of power of attorney. - 46A-10A-105. Voting through agent or proxy--Power of attorney to specify...
Section 46A-10A-106 - Superintendent's responsibilities--Manner and purpose of elections. - 46A-10A-106. Superintendent's responsibilities--Manner and purpose of elections. At the opening...
Section 46A-10A-107 - Ballots and poll list--Ballot delivery. - 46A-10A-107. Ballots and poll list--Ballot delivery. When the voters vote...
Section 46A-10A-108 - Vote count--Determination of election results--Election materials to be retained for sixty days. - 46A-10A-108. Vote count--Determination of election results--Election materials to be retained...
Section 46A-10A-109 - Results of election to determine length of term. - 46A-10A-109. Results of election to determine length of term. The...
Section 46A-10A-110 - Trustees to appoint superintendent and clerks for subsequent election board--Determination of compensation of election board. - 46A-10A-110. Trustees to appoint superintendent and clerks for subsequent election...
Section 46A-10A-111 - Succeeding annual trustee elections. - 46A-10A-111.Succeeding annual trustee elections. Succeeding annual trustee elections shall be...
Section 46A-10A-112 - Trustee qualifications. - 46A-10A-112. Trustee qualifications. Each trustee shall be a citizen of...
Section 46A-10A-113 - Appointment to fill vacancy. - 46A-10A-113. Appointment to fill vacancy. If any vacancy occurs in...
Section 46A-10A-114 - Compensation of trustees and clerk of board--Filing requirements. - 46A-10A-114. Compensation of trustees and clerk of board--Filing requirements. The...
Section 46A-10A-115 - Election of chair and clerk of board. - 46A-10A-115. Election of chair and clerk of board. The board...
Section 46A-10A-116 - Powers and duties of board of trustees. - 46A-10A-116. Powers and duties of board of trustees. The board...
Section 46A-10A-117 - Costs and expenses--Levy. - 46A-10A-117. Costs and expenses--Levy. All costs and expenses to discharge...
Section 46A-10A-118 - Assessment on real property. - 46A-10A-118. Assessment on real property. Any assessment on real property...
Section 46A-10A-119 - Tax--Tax fund. - 46A-10A-119. Tax--Tax fund. The tax shall be collected by the...
Section 46A-10A-120 - Issuance of improvement certificates and drainage bonds. - 46A-10A-120. Issuance of improvement certificates and drainage bonds. The board...
Section 46A-10A-121 - Record of official acts and proceedings--Filing of financial report--Examination of report. - 46A-10A-121. Record of official acts and proceedings--Filing of financial report--Examination...
Section 46A-10A-122 - Grievances--Mediation. - 46A-10A-122. Grievances--Mediation. Any interested person aggrieved by any action taken...
Section 46A-10A-123 - Special election--Notice. - 46A-10A-123. Special election--Notice. Any decision of the board of trustees...