51-31-87 - Compensation for use of other district drains.
§ 51-31-87. Compensation for use of other district drains.
After the organization of any drainage district under this chapter or after the filing of a petition to organize any such district, if any other or different drainage district lying adjacent to or above said proposed drainage district, or any district not heretofore organized shall be organized and drain the water from their ditches into the ditches or drains of the said lower drainage district from the lands lying above or adjacent and draining into the said drainage district so organized or petitioned for, the commissioners of such lower district shall ask, demand, and receive from said upper district or adjacent district just compensation for an outlet for the waters of said upper or adjacent district. In case said commissioners of the two districts cannot agree upon the amount to be paid by such district, then the same shall be submitted by petition to the chancery court or chancellor in vacation having jurisdiction of the lower district. Said court or chancellor shall hear the petition on proper notice and shall apportion the cost or amount to be paid, if any, by such upper or adjacent district. This section shall apply to all natural drains which may have been heretofore or which shall hereafter be improved, cleaned out, dredged, and used as a drainage canal or main outlet for any drainage district.
Sources: Codes, 1906, § 1720; Hemingway's 1917, § 4309; 1930, § 4413; 1942, § 4618; Laws, 1912, ch. 196.