§ 15-1939 — Special apportionment of cost

§ 15-1939. Special apportionment of cost.\n 1. The special apportionment of the cost of a construction project, be\nit new construction, enlargement, repair or maintenance, must be based\non the benefits derived from the work. This will conform to that part of\nthe general apportionment applicable to the particular ditch or part of\na ditch under consideration unless the department shall determine\notherwise. It is the intent of title 19 of this article that in the\ninterest of justice and equity and best to meet the needs and desires of\nthe owners of the property affected, the department may exercise some\nlatitude in the application of the rules herein set forth and, without\nexcluding other departures therefrom, the following are required or\nauthorized:\n a. If a parcel previously has been assessed for drainage improvements\nwhich will continue to be useful for the drainage thereof due allowance\nshall be made therefor. The apportionment of the cost of previous work,\nalready made, will be used for this purpose, but may be modified to give\ndue consideration to actual records of cost, if such can be discovered.\nIf the present owner of such parcel has contributed labor, materials, or\nmoney to any such drainage work the department may make such allowances\ntherefor as it finds to be just and proper.\n b. If any parcel is uncleared or otherwise not immediately fit for the\nraising of crops, the department may make a reasonable adjustment based\non the minimum time required with all due diligence to fit such parcel\nfor such use.\n 2. Except by special request of the owner the capital cost of all past\nand future work serving a parcel shall not exceed the total drainage\nenhancement of that parcel.\n 3. Any ditch may on due petition therefor be excavated to less than\nfull size if certain groups of properties eventually to be served by it\ndo not desire at that time to share in the cost thereof. In that case it\nshall be unlawful for such properties to be drained until the owners\nthereof have had suitable enlargements of the outlet ditches made at\ntheir expense. If the petition shall so ask, a ditch, in the cost of\nwhich only a part of the properties eventually to be served asked to\nparticipate, may be made to full dimensions and the cost apportioned on\nthe participating lands only, provided that the petition clearly so\nstates and is signed by at least two-thirds of the owners of the lands\nto share in the cost representing at least two-thirds of the total\nenhancements to such lands. In that case the lands not sharing in the\ncost shall not be drained until the owners thereof have asked that their\nshare of the cost be apportioned to them and such apportionment has been\nmade as provided above and the department shall have made suitable\nprovision for reimbursement or credit to the persons at that time owning\nthe property which bore the cost of such improvement in the first\ninstance.\n 4. The costs of making such special apportionment of cost and\nproceedings thereupon shall be included in the cost of the work, or\nshould the work be delayed or not carried out, they shall be assessed on\none assessment roll on the participating lands in accordance with the\napportionment made.\n