46A-10A-116. Powers and duties of board of trustees.
The board of trustees may control, supervise, and manage the district. Subject to the legal controls for drainage management under §46A-10A-20, the board of trustees may, in conformity with any applicable local, state, and federal laws, rules, ordinances, and regulations:
(1)Clean out, repair, and maintain an existing drainage ditch;
(2)Deepen, widen, or enlarge a drainage ditch;
(3)Create a new drainage ditch, or relocate an existing drainage ditch;
(4)Extend an existing drainage ditch;
(5)Acquire lands for right-of-way for ditches by purchase or condemnation or any other lawful method in conformity with chapter 21-35 and any other provision of state law;
(6)Repair levies, dikes, and barriers for the purpose of drainage;
(7)Regulate the flow and direction of water to prevent downstream flooding;
(8)Employ or contract with an engineer, hydrologist, surveyor, appraiser, assessor, legal counsel, or any other specialists as they deem necessary to carry out the powers and duties conferred by §§46A-10A-98 to 46A-10A-123, inclusive;
(9)Let contracts for construction, maintenance, repair, or other necessary work pursuant to the provisions of chapters 5-18A and 5-18B and §46A-10A-75. No member of the board of trustees may have any interest in any contract or employment entered into pursuant to this subdivision or subdivision (8);
(10)Request the county commission or township board of supervisors to replace, repair, remove, and enlarge public highway culverts and bridges, pursuant to §§46A-10A-76, 31-12-19, 31-14-2, and 31-14-27;
(11)Grant a request by a landowner to annex the landowner's land to the district and apportion the costs of clean out, maintenance, or construction according to the benefits received and subject to approval by a majority of the eligible landowners voting in a special election held by the board of trustees in conjunction with the district's annual election; and
(12)Reclassify benefits and apportion costs of clean out, extension, enlargement, repairs, or improvements among landowners benefitting therefrom, if the landowners have land located within the drainage district.
Source: SL 1997, ch 256, §19; SL 2011, ch 2, §151.