This text of North Dakota § 61-16.1-49 (Petition for a lateral drain - Bond of petitioners) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
1.For the purposes of this section, "lateral drain" means a drain constructed after the
establishment of an original assessment drain or drainage system and which flows into
such original drain or drainage system from outside the limits of the assessed area of
the original drain; provided, that a determination by a water resource board as to
whether an existing or proposed drain is a lateral or a new drain shall be conclusive
when entered upon the records of the board.
2.All property owners whose property would be affected by a lateral drain may jointly
petition the board for the construction of such drain and shall deposit with the board a
good and sufficient bond to be approved by the board, conditioned upon the petitioner
or petitioners paying all costs of the proposed lateral drain.
Free access — add to your briefcase to read the full text and ask questions with AI
1. For the purposes of this section, "lateral drain" means a drain constructed after the
establishment of an original assessment drain or drainage system and which flows into
such original drain or drainage system from outside the limits of the assessed area of
the original drain; provided, that a determination by a water resource board as to
whether an existing or proposed drain is a lateral or a new drain shall be conclusive
when entered upon the records of the board.
2. All property owners whose property would be affected by a lateral drain may jointly
petition the board for the construction of such drain and shall deposit with the board a
good and sufficient bond to be approved by the board, conditioned upon the petitioner
or petitioners paying all costs of the proposed lateral drain. A petition for a lateral drain
shall be sufficient if signed by one or more property owners whose property will be
affected by the lateral drain. Whenever improvements of an original drain are made
necessary by the construction of a lateral drain, the costs of such improvements to the
original drain shall be charged as part of the cost of construction of the lateral drain
and assessed against the property benefited thereby and collected as other
assessments are collected. In the event the board determines that improvements to
the original drain are also beneficial to property served by the original drain, the board
may assess that portion of the cost of the improvements it determines appropriate to
property benefited by the original drain. Unless the petitioners agree to construct the
lateral drain, the board, within ten days, may commence proceedings for the
construction of the lateral drain according to the provisions of this chapter. No person
shall dig or construct any lateral ditch or drain which will conduct the flow of water from
any land or lands into any drain constructed under the provisions of this chapter,
except as provided in this section and with approval of the board. In all instances
involving the construction of a lateral drain, the board shall estimate and determine the
proportionate share of the cost of the main or original drain which should be paid by
the petitioners. The petitioners shall pay into the district treasury the amount so
determined, and shall then be allowed to connect such lateral ditches or drains with
the original drain under the direction and superintendence of the board, but at their
own cost and expense. The money paid into the county treasury shall be credited to
the drainage fund of the specific drain involved.
3. If one or more of the property owners to be benefited by the construction of a lateral
drain or ditch petitions the district for the construction of a lateral drain or ditch, the
district shall then proceed in the same manner as is used for the establishment of a
new drain and thereafter such lateral drain shall constitute a part of the original drain to
which it is connected and the affected property shall be a part of such drainage district.