N.Y. Environmental Conservation Law Section 15-1905
Drainage improvement districts


1.

Bodies corporate which shall consist of and be known as drainage improvement districts may be created as herein provided to carry out the purposes of title 19 of this article. Such drainage improvement districts are declared to be public corporations and shall have perpetual existence and the power to acquire, hold or sell such real estate or other property as may be necessary, to sue or be sued, to incur contract liabilities, to exercise the right of eminent domain, and of assessment and taxation and to do all acts and exercise all powers necessary to accomplish the purposes of title 19 of this article. Such powers shall be exercised by and in the name of the district. The governing body of the district shall be the department.

2.

The debts, liabilities and obligations incurred by a drainage improvement district shall in no event be construed as debts, liabilities or obligations of the State of New York, and neither the department, nor any member thereof in his individual capacity shall be liable therefor. All drainage improvement districts heretofore formed under the provisions of this chapter or its predecessor, the Conservation Law, are hereby declared to be such bodies corporate and all the provisions of title 19 of this article shall be applicable to such drainage improvement districts.

3.

Drainage improvement districts generally shall include all such portions of a natural drainage basin as should be treated as one project on the assumption that all lands in such basin needing drainage are to be improved. The department may form a portion of such basin into a district, on the assumption that the district may later be extended to include the whole basin, but, in so far as may be possible, in that case the district formed shall be so laid out that all lands which eventually will drain into or be served by any part of the district works other than the main drainage channel, shall be included therein. It is intended that the boundaries of the district shall include all lands which would be enhanced in value by the construction of complete drainage works therefor and that land, the value of which will not be enhanced, shall be excluded, but in order to simplify the boundaries of the district certain relatively small areas of land not so enhanced may be included on condition that they bear no part of the cost of any improvement work.

Source: Section 15-1905 — Drainage improvement districts, https://www.­nysenate.­gov/legislation/laws/ENV/15-1905 (updated Sep. 22, 2014; accessed Jun. 15, 2024).

15‑1901
Purpose
15‑1903
General provisions and definitions
15‑1905
Drainage improvement districts
15‑1907
Drainage improvement associations
15‑1909
Entry upon lands, structures and waters
15‑1911
Petition for formation of district
15‑1913
Proceedings on petition
15‑1915
Proceedings for formation of district
15‑1917
Surveys and maps
15‑1919
Drainage enhancements
15‑1921
Proceedings on enhancements
15‑1923
Plans and estimates
15‑1925
General apportionment of cost
15‑1927
Proceedings on general apportionment of costs and final fixation of boundaries
15‑1929
Corrections and revisions of statements of enhancements
15‑1931
Procedure for authorization of construction
15‑1933
Construction
15‑1935
Contracts
15‑1937
Operation and maintenance
15‑1939
Special apportionment of cost
15‑1941
Major repairs of drainage works
15‑1943
Minor repairs in drainage districts
15‑1945
Minor repairs in existing drainage ditches
15‑1947
Unlawful interference with drainage works
15‑1949
Removal of beaver
15‑1951
Financing of improvements
15‑1953
Drainage improvement district fund
15‑1955
Proceedings for assessment and collection of cost
15‑1957
Drainage fund
15‑1959
Corrections and revisions of assessments, determinations of drainage enhancements and apportionment of costs
15‑1961
Drainage district with federal aid
15‑1963
Formation of district with federal aid
15‑1965
Construction project
15‑1967
Changes in project
15‑1969
Continuation of district
15‑1971
Transfer of property and discontinuance of district
15‑1973
Drainage section association
15‑1975
Drainage section association
15‑1977
Articles of association
15‑1979
First annual meeting
15‑1981
Powers of association
15‑1983
Drainage of agricultural lands

Accessed:
Jun. 15, 2024

Last modified:
Sep. 22, 2014

§ 15-1905’s source at nysenate​.gov

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