§ 4106 — Ditch commissioners; membership; qualifications; term; vacancies; secretary

(a) A board of ditch commissioners, consisting of 3 ditch commissioners and 3 alternate ditch commissioners, is continued for each county within the State. Upon the expiration of the terms of office of the present and all future commissioners, the resident judge for each county shall appoint ditch commissioners and alternate ditch commissioners, who may be selected from lists of 10 or more names submitted by the supervisors of the soil conservation district within the county. Each ditch commissioner and alternate ditch commissioner shall be a resident landowner of the county from which the commissioner is appointed, shall have some knowledge of water management including flood and drainage problems and their impacts to natural resources and shall be familiar with farming and with land values within such county.

(b) The term of office for each ditch commissioner shall be 3 years. The term of office for the alternate ditch commissioners shall be 1 year each. A ditch commissioner or alternate ditch commissioner may be reappointed to succeed himself or herself. All appointments shall be effective as of August 1 of each year.

(c) In the case of the death, resignation or removal from office of a ditch commissioner, the vacancy shall be filled by the appointment of 1 of the alternate ditch commissioners to serve for the remainder of the term of the vacating ditch commissioner.

(d) Except in the case of death or removal from office, a ditch commissioner shall hold office until his or her successor has been appointed.

(e) The Division of Watershed Stewardship shall serve as secretary, without voting authority, for each of the county boards of ditch commissioners.

Legislative History

48 Del. Laws, c. 151, § 4 ; 7 Del. C. 1953, § 4106; 50 Del. Laws, c. 276, § 4 ; 59 Del. Laws, c. 560, § 2 ; 70 Del. Laws, c. 186, § 1 ; 70 Del. Laws, c. 246, § 8 ; 76 Del. Laws, c. 213, § 1 ; 77 Del. Laws, c. 430, § 6