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This entry was published on 2014-09-22
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SECTION 15-1925
General apportionment of cost
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 15, TITLE 19
§ 15-1925. General apportionment of cost.

1. A general apportionment of the cost of the complete system of
drainage shall be made as herein described. The total cost determined
under the provisions of section 15-1923 shall be equitably apportioned
on the various parcels of land in the district and on such public
corporations as the department may find to be justly chargeable with a
part of such cost in addition to what might be apportioned to them as
owners of property in the district. Such charge on a public corporation
shall be expressed as a percentage of the whole cost and only the
remaining percentage of the cost shall be apportioned on the individual

2. The general theory of such apportionment shall be that any parcel
using or served by any ditch or part of a ditch shall share in the cost
of that ditch or part and that share shall be in proportion to the
drainage enhancement of that parcel already determined as set forth in
section 15-1919 as compared with the sum of such drainage enhancements
of all the parcels using or served by the same ditch or part of a ditch,
but such strict rule may be modified should it lead to inequitable

3. The department may divide the whole drainage system into individual
ditches and appropriate parts of ditches, estimate for each ditch or
part the total cost thereof, determine the boundaries of the lands which
would use or be served by that ditch or part, subdivide the previously
determined drainage enhancement of each parcel which may be subdivided
by such boundaries and apportion the total cost of each ditch or part of
a ditch accordingly. Finally all amounts apportioned to any one parcel
shall be added together and compared with the drainage enhancement of
that parcel. Should the total cost apportioned to any parcel exceed the
drainage enhancement of that parcel, the design of the drainage system
or the boundaries of the district shall be changed in such manner that
for no parcel shall the costs exceed the enhancements. The department
may make a similar apportionment of the cost determined under the
provisions of section 15-1923 for such drainage works heretofore done
which in its opinion are useful and may be incorporated into the
complete system of drainage.