Brief Description: Requiring the department of transportation to reimburse drainage and diking districts for maintenance and repairs to drainage facilities if the department does not respond to written notice by the districts.

Sponsors: Senators Haugen, Benson, Shin and Sheldon.

Hearing Date: 2/20/06

Staff: Beth Redfield (786-7347).

Background:

Drainage and diking districts exist around the state as taxing districts and oversight bodies which create, maintain, and manage specific areas that include significant drainage or dike infrastructures. Drainage facilities include dikes, dams, ditches, drains, and outlets. Individual drainage facilities need to be maintained to help ensure viability of the entire drainage system, and those adjacent to roads help protect roads from flooding and other damage.

Under current law, any drainage facilities that are located on land under the jurisdiction of the
Department of Transportation (DOT) are required to be maintained by DOT.

Summary of Bill:

If the commissioners of any drainage or diking district determine that repair or maintenance is required on a drainage facility under the jurisdiction of the DOT, they may send a written notice to DOT requesting that the repair or maintenance be completed. If the specified repair or maintenance is not conducted within seven days of DOT receiving the notice, the district commissioners may independently make the repair or complete the maintenance.

The DOT must reimburse the district for all reasonable costs incurred by the district associated
with the repair or maintenance.

Appropriation: None.

Fiscal Note: Requested on February 17, 2006.

Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.