Section 61-16.1-42 - Drains along and across public roads and railroads1. Drains may be laid along, within the limits of, or across any public road or highway, but not to the injury of the road. If, during the preparation of the report required under section 61-16.1-17, a water resource board discovers it may be necessary to run a drain across a highway, the water resource board shall notify and solicit guidance from the department of transportation, board of county commissioners, or board of township supervisors, as the case may be, as soon as practicable. If the water resource board determines the drain must be run across the highway after considering any guidance received from the department of transportation, board of county commissioners, or board of township supervisors, the department of transportation, board of county commissioners, or board of township supervisors shall make necessary openings through the road or highway at its own expense after receiving notice of the water resource board's determination. The cost to build, maintain, and repair the culverts or bridges must be allocated as provided under section 61-16.1-43. In instances where drains are laid along or within the rights of way of roads or highways, the drains shall be maintained and kept open by and at the expense of the water resource district concerned.2. A drain may be laid along any railroad when necessary, but not to the injury of the railroad. If, during the preparation of the report required under section 61-16.1-17, a water resource board discovers it may be necessary to run a drain across a railroad, the water resource board shall notify and solicit guidance from the railroad company as soon as practicable. If the water resource board determines the drain must be run across the railroad after considering any guidance received from the railroad company, the railroad company, when notified of the water resource board's determination, shall make the necessary opening through such railroad, build the required bridges and culverts, and keep them in repair.Amended by S.L. 2023 , ch. 569( SB 2036 ), § 20, eff. 7/1/2023.