§ 24-03-06 — Method of construction of highway ditches

All highways constructed or reconstructed by the department, board of county
commissioners, board of township supervisors, their contractors, subcontractors, or agents, or
by any individual firm, corporation, or limited liability company must be so designed as to permit
the waters running into the ditches to drain into coulees, rivers, and lakes according to the
surface and terrain where the highway or highways are constructed in accordance with the
stream crossing standards prepared by the department and the department of water resources
so as to avoid the waters flowing into and accumulating in the ditches to overflow adjacent and
adjoining lands. In the construction of highways the natural flow and drainage of surface waters
to the extent required to meet the stream crossing standards prepared by the department and
the department of water resources may not be obstructed, but the water must be permitted to
follow the natural course according to the surface and terrain of the particular terrain. The
department, county, township, their contractors, subcontractors, or agents, or any individual
firm, corporation, or limited liability company is not liable for any damage caused to any
structure or property by water detained by the highway at the crossing if the highway crossing
has been constructed in accordance with the stream crossing standards prepared by the
department and the department of water resources.