Id. Swift County argues that the idea of requiring simultaneous compliance with both ditch establishment and outlet improvement provisions was rejected in In re Judicial Ditch No. 17, 263 Minn. 547, 117 N.W.2d 392 (1962). That case is distinguishable.
Section 106.511 is one of the remedial provisions of the Drainage Code. In re Establishment of Judicial Ditch No. 17, 263 Minn. 547, 117 N.W.2d 392. It provides that where drainage ditches have been or are about to be constructed which empty or will empty into an existing drain or watercourse and the construction has caused or will cause that drain or watercourse to overflow and inundate the adjoining lands, a petition may be filed by 26 percent of the resident owners of such lands or the owners of 26 percent of the land requesting improvement of the drain or watercourse. Section 106.511 establishes the content of the petition, the method of assessment, and the procedure to be followed.