Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 15-1947
Unlawful interference with drainage works
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 15, TITLE 19
§ 15-1947. Unlawful interference with drainage works.

1. It shall be unlawful for any person to divert water from its
natural watershed in such manner that it flows into a drainage district,
or so to divert water in a drainage district as to prevent it from
following the course laid out for such water by the department and cause
it to flow into any stream, ditch or ditches into which it does not
naturally or was not designed to flow.

2. It shall be unlawful for any person without authorization to
interfere with, fill up, alter or change any drainage ditch or other
structure constructed under the provisions of title 19 of this article
or lawfully constructed under the provisions of the conservation or the
drainage laws or any other general or special statutes, or without
authorization to open or close gates or other regulating works in
connection therewith or to construct unauthorized ditches or drains or
other interference. This shall not be held to prevent the private
construction of drainage works within a district, provided that such
construction is done in accordance with plans approved by the department
and with its written consent.

3. It shall be unlawful to build or maintain across or in such
drainage ditch any bridge or culvert which unduly impedes the flow of
water in such ditch. No bridge or culvert across or in any drainage
channel or ditch within or without a drainage district and necessary to
the proper drainage thereof, shall hereafter be built, rebuilt or
altered by any person or authority except with the written consent and
approval of the department.