Section 15-1939. Special apportionment of cost

1. The special apportionment of the cost of a construction project, be
  it  new  construction, enlargement, repair or maintenance, must be based
  on the benefits derived from the work. This will conform to that part of
  the general apportionment applicable to the particular ditch or part  of
  a  ditch  under  consideration  unless  the  department  shall determine
  otherwise. It is the intent of title 19 of  this  article  that  in  the
  interest of justice and equity and best to meet the needs and desires of
  the  owners  of  the property affected, the department may exercise some
  latitude in the application of the rules herein set forth  and,  without
  excluding  other  departures  therefrom,  the  following are required or
  authorized:
    a. If a parcel previously has been assessed for drainage  improvements
  which  will continue to be useful for the drainage thereof due allowance
  shall be made therefor. The apportionment of the cost of previous  work,
  already made, will be used for this purpose, but may be modified to give
  due  consideration to actual records of cost, if such can be discovered.
  If the present owner of such parcel has contributed labor, materials, or
  money to any such drainage work the department may make such  allowances
  therefor as it finds to be just and proper.
    b. If any parcel is uncleared or otherwise not immediately fit for the
  raising  of crops, the department may make a reasonable adjustment based
  on the minimum time required with all due diligence to fit  such  parcel
  for such use.
    2. Except by special request of the owner the capital cost of all past
  and  future  work  serving  a parcel shall not exceed the total drainage
  enhancement of that parcel.
    3. Any ditch may on due petition therefor be excavated  to  less  than
  full  size if certain groups of properties eventually to be served by it
  do not desire at that time to share in the cost thereof. In that case it
  shall be unlawful for such properties to be  drained  until  the  owners
  thereof  have  had  suitable  enlargements of the outlet ditches made at
  their expense. If the petition shall so ask, a ditch,  in  the  cost  of
  which  only  a  part  of the properties eventually to be served asked to
  participate, may be made to full dimensions and the cost apportioned  on
  the  participating  lands  only,  provided  that the petition clearly so
  states and is signed by at least two-thirds of the owners of  the  lands
  to  share  in  the  cost  representing  at least two-thirds of the total
  enhancements to such lands. In that case the lands not  sharing  in  the
  cost shall not be drained until the owners thereof have asked that their
  share of the cost be apportioned to them and such apportionment has been
  made  as  provided  above  and  the  department shall have made suitable
  provision for reimbursement or credit to the persons at that time owning
  the property which bore the  cost  of  such  improvement  in  the  first
  instance.
    4.  The  costs  of  making  such  special  apportionment  of  cost and
  proceedings thereupon shall be included in the  cost  of  the  work,  or
  should the work be delayed or not carried out, they shall be assessed on
  one  assessment  roll  on the participating lands in accordance with the
  apportionment made.