§ 15-1909. Entry upon lands, structures and waters; condemnation.

1. For carrying out the surveys and examinations required by title 19
of this article, the department may enter upon any lands, structures and
waters as in its judgment may be necessary, as provided by section
15-0305.

2. The department, its members, officers, employees and agents may
enter upon any lands, structures and waters necessary for the purposes
of title 19 of this article and may determine what rights in and to such
property are to be acquired therein. If the owner of any property to be
acquired, or on or over which an easement is needed for such improvement
shall agree with the department upon the sum to be paid therefor, or for
the right to use and occupy the same, or for any damages sustained, such
sum shall be paid as part of the necessary expense of the project.

3. If the department cannot agree with the owners upon the
compensation and damages to be paid for the property or easement to be
acquired, the department shall proceed to take the title thereto or the
required rights therein under the provisions of the eminent domain
procedure law.

4. Whenever a construction project affects a ditch or channel which
has been constructed and in use for twenty years and upwards such use
and operation shall be conclusive evidence that a right of way therefor
and all rights in the premises through which it passes, which are
necessary and incident to the perpetual maintenance thereof, were duly
obtained when such ditch or channel was constructed. All real property
acquired by a drainage improvement district shall be exempt from
taxation.