Authors: Representative Ronald Bacon
Co-authors: Representative Robert Cherry, Representative Ben Smaltz, Representative David Niezgodski
Amends the law providing for the removal of obstructions from mutual drains and natural surface watercourses to make the law apply also to the removal of obstructions from streams. Provides that the owner of a tract of land that is adversely affected by an obstruction in a stream may petition the drainage board of the county in which the obstruction is located for the removal of the obstruction, even if the owner's tract of land is not located in the county in which the obstruction is located. Provides for an investigation by the county surveyor in response to the petition. Requires the drainage board to order the removal of the obstruction if it finds that removal of the obstruction: (1) will promote better drainage of the petitioner's tract of land or alleviate an adverse effect of the obstruction upon the petitioner's tract of land; and (2) will not cause unreasonable damage to the owners of the tract of land on which the obstruction is located. Provides for the cost of removing the obstruction to be paid by the owners of all tracts of land that are located in the county over which the drainage board has jurisdiction and are benefited by the stream. Provides for judicial review of the drainage board's order.