42-2981 — CERTAIN PUBLIC AND PRIVATE LANDS LIABLE FOR COSTS AND EXPENSE OF DRAINAGE -- COLLECTION OF DRAINAGE CHARGES
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TITLE 42
IRRIGATION AND DRAINAGE -- WATER
RIGHTS AND RECLAMATION
CHAPTER 29
DRAINAGE DISTRICTS
42-2981. CERTAIN PUBLIC AND PRIVATE LANDS LIABLE FOR COSTS AND EXPENSE OF
DRAINAGE -- COLLECTION OF DRAINAGE CHARGES. Lands, whether public or private,
which have been developed for commercial, industrial, recreational,
residential, governmental or highway purposes, and from which surface water or
seepage drain into the irrigation or drainage system of any person or persons,
canal company, irrigation district, drainage district, or ditch owners'
association, shall be liable for a proportionate share of the cost and expense
of operating, maintaining, repairing and replacing the portions of such system
which are used or allocated for drainage purposes. Drainage charges for any
such lands which are not subject to the regular assessment powers of the
person or entity owning or controlling the system shall be billed to, and
shall be paid promptly by, the governmental unit owning the land. If the lands
are privately owned, the drainage charges shall be billed to, and shall be
paid promptly by the county in which the lands are located, and such charges
shall be included in the county budget as a separate fund for drainage, the
tax for which shall be levied against all privately owned lands in the county
which are benefited by such drainage and which are not subject to the regular
assessment powers of the owner of the irrigation or drainage system.