AB 246

This bill makes various changes to the law relating to drainage districts.

Under current law, the owners of the majority of the land in a drainage district

that is located entirely within the boundaries of a city or village, or partly within the

boundaries of a city, village, or town (municipality), may petition the drainage board

(board) having jurisdiction over the district to transfer jurisdiction of the district, or

that part of the district that is located in the municipality, to the municipality. If the

district is located only partially within a municipality, however, the district and the

municipality must be in agreement regarding the terms of transfer. If, after a

hearing, the board finds that the petition requirements have been met, the board

must issue an order transferring jurisdiction.

Also under current law, a city or village may adopt a resolution stating that the

city or village is willing to accept a drain or part of a drain and to administer it under

city or village drainage laws, and may petition the board with jurisdiction over the

drain to transfer jurisdiction over the drain from the district to the city or village.

After a hearing the board may, but is not required to, issue an order transferring

jurisdiction of the drain or part of the drain to the city or village.

Under this bill, the owners of a majority of the land proposed to be transferred

in a drainage district that is located entirely, or partly, within the boundaries of a

municipality may petition the board having jurisdiction over the district to transfer

jurisdiction of the district, or a part of the district that is located in the municipality,

to the municipality. After a hearing, the board may order transfer of jurisdiction if

it finds that a sufficient number of owners has signed the petition, the governing

body of the municipality approves the transfer, and the municipality and district

have entered into an agreement that contains the following items: 1) a statement of

the goal of the agreement; 2) specification of monetary obligations of the municipality

and district; 3) the municipality agrees to ensure district access to, and maintenance

of, drain access corridors; 4) the municipality agrees, upon request by the district, to

maintain and repair former district drains; and 5) upon declaratory judgment by a

court, the district may complete any maintenance work not performed by the

municipality and assess the costs to the municipality.

Also under this bill, a municipality may petition the board with jurisdiction

over a drain to transfer jurisdiction of the drain or part of the drain to the

municipality. After a hearing, the board may, but is not required to, issue an order

transferring jurisdiction of the drain or part of the drain to the municipality if the

municipality has entered into an agreement with the district, as described above.

Under current law, members of the drainage district board are appointed by the

court having jurisdiction over the district. In general, the board is made up of three

or five persons selected from persons recommended by a county committee on

agriculture and extension education or certain landowners owning property in the

district. Under this bill, if the board has jurisdiction over a district that is located