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Session Laws, 1959
Volume 642, Page 849   View pdf image (33K)
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J. MILLARD TAWES, GOVERNOR                               849

received from the above sources be inadequate to provide for the
needed maintenance, repair, or operation, a special tax may be levied
against the land benefited. Such taxes shall be levied, collected, and
disbursed in the same manner as hereinbefore provided for the
original taxes.

210.    The governing body of any public drainage association,
drainage district, soil conservation district, town, city, or county in
this State, hereinafter referred to as governmental divisions, which
may reasonably be expected to receive a benefit from the construc-
tion, improvement, operation or maintenance of any works of im-
provement herein provided for may appropriate money for such
construction, improvement, operation or maintenance if this expecta-
tion exists as to any part of the governmental division and even
though such works of improvement are not located within the cor-
porate limits of the governmental division or not within this State:
Provided, however, that if the expenditure is not made directly by
the governmental division for such purpose, it shall be made only
through a Public Watershed Association, or Soil Conservation Dis-
trict organized under the laws of this State, but it shall not be neces-
sary that any part of the governmental division be within the limits
of the Soil Conservation District or Public Watershed Association
through which the expenditure is made. Such governing bodies or
governmental divisions may set up in their respective budgets funds
to be spent for such purposes, and municipalities and counties may
levy and collect taxes for such purposes in the manner provided by
law.

211.    The Board of Directors of any Public Watershed Associa-
tion organized under this sub-title shall have power and authority
to acquire and hold water rights under existing law of this State
and to plan and carry out works of improvement for storage,
utilization, and distribution of water. The Directors may, at their
discretion, make charges for the use of such water, the proceeds of
such sale to be used as payment for water rights or for the con-
struction, maintenance, repair, improvement, and operation of the
works of improvement.

212.    Nothing contained in this sub-title shall be so construed as
to authorize the interference with legal water rights, nor to divert
the water so as to deprive the owner over whose lands said water
flows of the benefits and water rights now enjoyed by him or to
which he is legally entitled.

213.    Any person, taxed for any ditch or drain which does not
pass through or under his land may open a ditch or ditches or install
drain tile through the intervening lands into such main ditch or
ditches and keep the same open at his own cost and charge; provided
that no such cross ditch or drain shall be cut through the land of
any other person without the consent of the owner of such land,
unless the damages thereon occurring to the owner of the land be
assessed by three freeholders appointed by the County Commis-
sioners for the county for the purpose of assessing such damages.
The person applying for such ditch or drain shall pay all costs of
laying out and opening the same; and shall also, before making such
ditch or drain, tender or pay all damages awarded to such person as
may be injured thereby.


 

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Session Laws, 1959
Volume 642, Page 849   View pdf image (33K)
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