Section 36-9-27.4-18 - Additional duties of board; natural surface watercourses(a) If:(1) a petition filed under this chapter concerns a natural surface watercourse; and(2) the drainage board: (A) finds for the petitioner under section 14(a) of this chapter; and(B) does not find under section 15 of this chapter that the obstruction of the natural surface watercourse was created intentionally by any of the respondents; the drainage board shall enter an order under subsection (b).
(b) Upon a determination made under subsection (a), the drainage board shall enter an order: (1) authorizing the petitioner to remove the obstruction; or(2) directing the county surveyor to remove the obstruction at the expense of the petitioner.(c) The drainage board shall consult with the:(3) county surveyor; before deciding whether to enter an order under subsection (b)(1) or (b)(2).
(d) If the drainage board enters an order under subsection (b), the order may require the petitioner to bear the expenses of removing the obstruction, including the monetary value of the harm and inconvenience that the respondents will incur as a result of the removal of the obstruction.As added by P.L. 239-1996, SEC.3 and P.L. 240-1996, SEC.2.