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COMPILED CODE - Iowa Legislature - State of Iowa

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327<br />

Tit. XV, Ch. 2. LEVEES, DRAINS AND WATERCOURSES. §§ 4836-al-4837.<br />

TITLE XV.<br />

CERTAIN INTERNAL IMPROVEMENTS.<br />

CHAPTER 2.<br />

LEVEES, DITCHES, DRAINS AND WATERCOURSES.<br />

SECTION 4836-al. Levee defined — bank protection — overflowed<br />

lands.<br />

For the purposes <strong>of</strong> this chapter the word "levee" shall be construed<br />

to include in addition to its ordinary and accepted meaning embankments,<br />

revetments, retards or any other approved system <strong>of</strong> construction<br />

which may be deemed necessary adequately to protect the<br />

banks <strong>of</strong> any river or stream, within or adjacent to any county, from<br />

wash, cutting or erosion, and the provisions <strong>of</strong> this chapter shall be<br />

liberally construed to promote, embrace and authorize the drainage,<br />

reclamation or protection <strong>of</strong> wet and overflowed lands, or lands endangered,<br />

or liable to be endangered by wash, cutting or erosion, within<br />

this state, and the preservation and maintenance <strong>of</strong> such works<br />

whether heret<strong>of</strong>ore or hereafter constructed.<br />

[39 G. A., ch. 45, § 1J<br />

SEC. 4837. Proceedings—bond—survey.<br />

1 Whenever a petition signed by one or more <strong>of</strong> the landowners<br />

2 whose lands will be affected by, or assessed for the expenses <strong>of</strong>, the<br />

3 proposed improvement, shall be filed in the <strong>of</strong>fice <strong>of</strong> the county auditor,<br />

4 setting forth that any body or district <strong>of</strong> land in the county, described<br />

5 by metes and bounds, or otherwise, so as to convey an intelligible<br />

6 description <strong>of</strong> such lands, is subject to overflow or too wet for culti-<br />

7 vation, and that the public benefit or utility, or the public health, con-<br />

8 venience or welfare will be promoted by draining, ditching, tiling or<br />

9 leveeing the same, or by changing a natural watercourse, and setting<br />

10 forth therein the starting point, route and terminus and lateral<br />

11 branches, if necessary, <strong>of</strong> the proposed improvement, and there is filed<br />

12 therewith a bond, in amount and with sureties to be approved by the<br />

13 county auditor and conditioned for the payment <strong>of</strong> all costs and ex-<br />

14 penses incurred in the proceedings in case the supervisors do not<br />

15 grant the prayer <strong>of</strong> said petition, the board shall at its first session<br />

16 thereafter, regular, special or adjourned, appoint a disinterested and<br />

17 competent engineer, who shall give bond to the county for the use<br />

18 and benefit <strong>of</strong> the proposed levee or drainage district, if it be estable<br />

lished, in amount and with sureties to be approved by the county audi-<br />

20 tor and conditioned for the faithful and competent performance <strong>of</strong><br />

21 his work, and place a copy <strong>of</strong> the petition in his hands and he shall<br />

22 proceed to examine the lands described in said petition and any other<br />

23 lands which would be benefited by said improvement or necessary in

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