§ 61-32-07 — Closing a noncomplying drain - Notice and hearing - Appeal - Injunction - Frivolous complaints

Frivolous complaints.
1. Only a landowner experiencing flooding or adverse effects from an unauthorized drain
constructed before January 1, 1975, may file a complaint with the water resource
board. Any person may file a complaint about an unauthorized drain constructed after

January 1, 1975. Upon receipt of a complaint of unauthorized drainage, the water
resource board shall promptly investigate and make a determination of the facts with
respect to the complaint. If the board determines that a drain, lateral drain, or ditch has
been opened or established by a landowner or tenant contrary to this title or any rules
adopted by the board, the board shall notify the landowner by certified mail at the
landowner's post-office address of record. A copy of the notice must also be sent to the
tenant, if known. The notice must specify the nature and extent of the noncompliance
and must state that if the drain, lateral drain, or ditch is not closed or filled within a
reasonable time as the board determines, but not less than fifteen days, the board
shall procure the closing or filling of the drain, lateral drain, or ditch and assess the
cost of the closing or filling, or the portion the board determines, against the property
of the landowner responsible. The notice must also state that the affected landowner,
within fifteen days of the date the notice is mailed, may demand, in writing, a hearing
on the matter. Upon receipt of the demand, the board shall set a hearing date within
fifteen days from the date the demand is received. In the event of an emergency, the
board may immediately apply to the appropriate district court for an injunction
prohibiting the landowner or tenant from constructing or maintaining the drain, lateral
drain, or ditch and ordering the closure of the illegal drain. Assessments levied under
this section must be collected in the same manner as assessments authorized by
chapter 61-16.1. If, in the opinion of the board, more than one landowner or tenant has
been responsible, the costs may be assessed on a pro rata basis in proportion to the
responsibility of the landowners. If a complaint is frivolous in the discretion of the
board, the board may assess the costs of the frivolous complaint against the
complainant.
2. Following the closing or filling of an unauthorized drain, either by a water resource
board or by a party complying with an order of a water resource board, the board may
assess its costs against the property of the responsible landowner.