Section 15-1909. Entry upon lands, structures and waters; condemnation

1.  For carrying out the surveys and examinations required by title 19
  of this article, the department may enter upon any lands, structures and
  waters as in its judgment may  be  necessary,  as  provided  by  section
  15-0305.
    2.  The  department,  its  members, officers, employees and agents may
  enter upon any lands, structures and waters necessary for  the  purposes
  of title 19 of this article and may determine what rights in and to such
  property  are to be acquired therein. If the owner of any property to be
  acquired, or on or over which an easement is needed for such improvement
  shall agree with the department upon the sum to be paid therefor, or for
  the right to use and occupy the same, or for any damages sustained, such
  sum shall be paid as part of the necessary expense of the project.
    3.  If  the  department  cannot  agree  with  the  owners   upon   the
  compensation  and  damages to be paid for the property or easement to be
  acquired, the department shall proceed to take the title thereto or  the
  required  rights  therein  under  the  provisions  of the eminent domain
  procedure law.
    4. Whenever a construction project affects a ditch  or  channel  which
  has  been  constructed  and in use for twenty years and upwards such use
  and operation shall be conclusive evidence that a right of way  therefor
  and  all  rights  in  the  premises  through  which it passes, which are
  necessary and incident to the perpetual maintenance thereof,  were  duly
  obtained  when such ditch or channel was constructed.  All real property
  acquired by  a  drainage  improvement  district  shall  be  exempt  from
  taxation.