ID S1077

Drainage district boards may jointly petition the district court to consolidate two or more contiguous or partially overlapping districts into a single district, with the petition signed by a majority of commissioners from each board.

The hearing must be held between 60 and 120 days after first publication of notice, with the court publishing notice in three consecutive weekly issues of newspapers in each affected county.

Only landowners within the proposed consolidated district, owners of land over which drainage water would flow, and landowners served by the districts may file written objections, which must be filed at least 21 days before the hearing.

A rebuttable presumption exists that consolidation is in the districts' best interests based on board agreement, and objectors bear the burden of proving consolidation is not in the best interests by preponderance of evidence.

Upon court approval, the consolidated district takes effect upon filing a certified order with the secretary of state and shall be named after the largest of the consolidated districts, with the court preferring to appoint at least one commissioner from each original district.