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<br />board determines that a drain, lateral drain, or ditch has been <br />opened or established by a landowner or tenant contrary to the <br />provisions of this title or any rules or regulations promulgated <br />by the board, the board shall notify the landowner by registered <br />or certified mail at the landowner's post-office address of <br />record. A copy of the notice must also be sent to the tenant, if <br />known. The notice must specify the nature and extent of the <br />noncompliance and shall state that if the drain, lateral drain, <br />or ditch is not closed or filled within such reasonable time as <br />the board shall determine, but not less than thirty days, the <br />board shall procure the closing or filling of the drain, lateral <br />drain, or ditch and assess the cost thereof, or such portion as <br />the board shall determine, against the property of the landowner <br />responsible. The notice must also state that the affected <br />landowner may, wi thin fifteen days of the date the notice is <br />mailed, demand, in writing, a hearing on the matter. Upon <br />receipt of the demand, the board shall set a hearing date within <br />fifteen days from the date the demand is received. In the event <br />of an emergency, the board may immediately apply to the <br />appropriate district court for an injunction prohibiting the <br />landowner or tenant from constructing or maintaining the drain, <br />lateral drain, or ditch and ordering the closure of the illegal <br />drain. Any assessments levied under the provisions of this <br />section must be collected in the same manner as assessments <br />authorized by chapter 61-16.1. If, in the opinion of the board, <br />more than one landowner or tenant has been responsible, the costs <br />may be assessed on a pro rata basis in proportion to the <br />responsibility of the landowners. Any person aggrieved by action <br />of the board under the provisions of this section may appeal the <br />decision of the board to the district court of the county in <br />which the land is located in accordance with the procedure <br />provided under sections 61-16.1-54 through 61-16.1-57. A hearing <br />as provided for in this section is not a prerequisite to such an <br />appeal. <br /> <br />Source: S.L. 1987, ch. 642, ~ 8. <br /> <br />61-32-08. Appeal of board decisions - State engineer review <br />Closing of noncomplying drains. The board shall make the <br />decision required by section 61-32-07 within a reasonable time, <br />but not to exceed one hundred twenty days, after receiving the <br />complaint. The board shall notify all parties of its decision by <br />certified mail. The board's decision may be appealed to the <br />state engineer by any aggrieved party. The appeal to the state <br />engineer must be made within thirty days from the date notice of <br />the board's decision has been received. The appeal must be made <br />by submitting a written notice to the state engineer which must <br />specifically set forth the reason why the board's decision is <br />erroneous. The appealing party shall also submit copies of the <br />written appeal notice to the board and to the nonappealing <br />party. Upon receipt of this notice the board, if it has ordered <br />closure of a drain, lateral drain, or ditch, is relieved of its <br />obligation to procure the closing or filling of the drain, <br /> <br />-8- <br />