§ 15-1939. Special apportionment of cost.

1. The special apportionment of the cost of a construction project, be
it new construction, enlargement, repair or maintenance, must be based
on the benefits derived from the work. This will conform to that part of
the general apportionment applicable to the particular ditch or part of
a ditch under consideration unless the department shall determine
otherwise. It is the intent of title 19 of this article that in the
interest of justice and equity and best to meet the needs and desires of
the owners of the property affected, the department may exercise some
latitude in the application of the rules herein set forth and, without
excluding other departures therefrom, the following are required or
authorized:

a. If a parcel previously has been assessed for drainage improvements
which will continue to be useful for the drainage thereof due allowance
shall be made therefor. The apportionment of the cost of previous work,
already made, will be used for this purpose, but may be modified to give
due consideration to actual records of cost, if such can be discovered.
If the present owner of such parcel has contributed labor, materials, or
money to any such drainage work the department may make such allowances
therefor as it finds to be just and proper.

b. If any parcel is uncleared or otherwise not immediately fit for the
raising of crops, the department may make a reasonable adjustment based
on the minimum time required with all due diligence to fit such parcel
for such use.

2. Except by special request of the owner the capital cost of all past
and future work serving a parcel shall not exceed the total drainage
enhancement of that parcel.

3. Any ditch may on due petition therefor be excavated to less than
full size if certain groups of properties eventually to be served by it
do not desire at that time to share in the cost thereof. In that case it
shall be unlawful for such properties to be drained until the owners
thereof have had suitable enlargements of the outlet ditches made at
their expense. If the petition shall so ask, a ditch, in the cost of
which only a part of the properties eventually to be served asked to
participate, may be made to full dimensions and the cost apportioned on
the participating lands only, provided that the petition clearly so
states and is signed by at least two-thirds of the owners of the lands
to share in the cost representing at least two-thirds of the total
enhancements to such lands. In that case the lands not sharing in the
cost shall not be drained until the owners thereof have asked that their
share of the cost be apportioned to them and such apportionment has been
made as provided above and the department shall have made suitable
provision for reimbursement or credit to the persons at that time owning
the property which bore the cost of such improvement in the first
instance.

4. The costs of making such special apportionment of cost and
proceedings thereupon shall be included in the cost of the work, or
should the work be delayed or not carried out, they shall be assessed on
one assessment roll on the participating lands in accordance with the
apportionment made.