WILLIAM DONALD SCHAEFER, Governor                           Ch. 738

  (5) THE TOTAL ESTIMATED CONSTRUCTION COST OF EACH OF THE
PROPOSED WORKS OF IMPROVEMENT.

(B) WITHIN THE ABOVE PLAN, THE BOARD OF MANAGERS SHALL INCLUDE A
STATEMENT THAT THEY HAVE DETERMINED THAT THE WORKS OF IMPROVEMENT:

(1)      ARE PRACTICABLE;

(2)      WILL PROMOTE THE PUBLIC BENEFIT AND BE CONDUCIVE TO THE
PUBLIC HEALTH, SAFETY, AND WELFARE; AND

(3)      WILL PRODUCE BENEFITS SUFFICIENTLY TO WARRANT THE
EXPENDITURES.

70.

IT IS THE DUTY OF THE BOARD OF COUNTY COMMISSIONERS UPON REVIEW
AND APPROVAL OF THE WATERSHED PLAN TO APPOINT A BOARD OF DRAINAGE
VIEWERS, TO BE COMPOSED OF THREE OR MORE JUDICIOUS AND IMPARTIAL
CITIZENS, RESIDING IN THE VICINITY OF THE WATERSHED PROVIDED, HOWEVER,
THAT NO MEMBER OF THE BOARD OF DRAINAGE VIEWERS SHALL BE THE OWNER
OF ANY LAND WHICH WILL BE AFFECTED BY THE PROPOSED IMPROVEMENTS.
WHERE THE WORKS OF IMPROVEMENT DESCRIBED IN THE WATERSHED WORK PLAN
ARE LOCATED IN TWO OR MORE COUNTIES, THERE SHALL BE AT LEAST ONE
MEMBER OF THE VIEWERS FROM EACH COUNTY IN WHICH SUCH WORKS OF
IMPROVEMENT ARE LOCATED. A PERSON APPOINTED AS A MEMBER OF THE BOARD
OF DRAINAGE VIEWERS MAY NOT ACT IN THAT CAPACITY UNTIL THAT PERSON HAS
GIVEN THE BOARD OF COUNTY COMMISSIONERS WRITTEN NOTICE OF ACCEPTANCE
OF THE APPOINTMENT.

IF ANY MEMBER OF THE BOARD OF VIEWERS APPOINTED BY ANY ORDER OF
THE COUNTY COMMISSIONERS DIES, OR MOVES FROM THE COUNTY OR COUNTIES
IN WHICH THE WATERSHED IS LOCATED, OR OTHERWISE IS UNABLE TO ACT, THE
COUNTY COMMISSIONERS SHALL APPOINT ANOTHER PERSON IN THAT PERSON'S
PLACE AS SOON AS PRACTICABLE, AND SUCH APPOINTMENT SHALL IN NO WAY
AFFECT THE VALIDITY OF ANY WORK OF THE BOARD OF VIEWERS.

82.

(E) NOTWITHSTANDING THE REQUIREMENTS OF THIS SECTION, THE BOARD
OF MANAGERS OF A DRAINAGE ASSOCIATION, AT ANY TIME AFTER THE CREATION
OF A DRAINAGE ASSOCIATION, MAY DETERMINE WHICH LAND IN THE ASSOCIATION
IS CLASSIFIED AS WOODLAND OR CROPLAND.

SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall not affect
the validity of any Public Drainage Association created before October 1, 1994.

SECTION 5. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 1994.

Approved May 26, 1994.

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