Laserfiche WebLink
<br />lateral drain, or ditch. The state engineer shall handle the <br />appeal by conducting an independent investigation and making an <br />independent determination of the matter. The state engineer may <br />enter property affected by the complaint for the purpose of <br />investigating the complaint. <br /> <br />If the board fails to investigate and make a determination <br />concerning the complaint wi thin a reasonable time, but not to <br />exceed one hundred twenty days, the person filing the complaint <br />may file such complaint with the state engineer. The state <br />engineer shall, without reference to chapter 28-32, cause the <br />investigation and determination to be made, either by action <br />against the board, or by personally conducting the investigation <br />and personally making the determination. <br /> <br />If the state engineer determines that a drain, lateral <br />drain, or ditch has been opened or established by a landowner or <br />tenant contrary to title 61 or any rules adopted by the board, <br />the state engineer shall take one of three actions: <br /> <br />1. Notify the landowner by registered mail at the <br />landowner's post-office address of record; <br /> <br />2. Return the matter to the jurisdiction of the board <br />along with the investigation report; or <br /> <br />3. Forward the drainage complaint and investigation report <br />to the state's attorney. <br /> <br />If the state engineer decides to notify the landowner, the <br />notice must specify the nature and extent of the noncompliance <br />and must state that if the drain, lateral drain, or ditch is not <br />closed or filled within such reasonable time as the state <br />engineer shall determine, but not less than thirty days, the <br />state engineer shall procure the closing or filling of the drain, <br />lateral drain, or ditch and assess the cost thereof, against the <br />property of the landowner responsible. The notice from the state <br />engineer must state that the affected landowner may, within <br />fifteen days of the date the notice is mailed, demand, in <br />wri ting, a hearing on the matter. Upon receipt of the demand, <br />the state engineer shall set a hearing date within fifteen days <br />from the date the demand is received. If, in the opinion of the <br />state engineer, more than one landowner or tenant has been <br />responsible, the costs may be assessed on a pro rata basis in <br />proportion to the responsibility of the landowners. Upon <br />assessment of costs, the state engineer shall certify the <br />assessment to the county auditor of the county where the <br />noncomplying drain, lateral drain, or ditch is located. The <br />county auditor shall extend the assessment against the property <br />assessed. Each assessment must be collected and paid as other <br />taxes are collected and paid. Assessments collected must be <br />deposi ted with the state treasurer and are hereby appropriated <br />out of the state treasury and must be credited to the contract <br />fund established by section 61-02-64.1. Any person aggrieved by <br /> <br />-9- <br />