IMPOSE THE COSTS OF THE REPAIRS ON THE ORIGINAL LAND BENEFITTED BY THE CONSTRUCTION OF THE DRAIN. IT IS ONLY WHERE FOR SOME REASON A LANDOWNER HAD REFUSED TO BRING THE APPROPRIATE REQUEST THAT THE LANDOWNER COULD BE HELD SOLELY RESPONSIBLE FOR THE COSTS OF REPAIR AND MAINTENANCE.
I HAVE NOT BEEN ABLE TO FIND ANY LAW MANDATING EITHER THE DISSOLUTION OF THESE OLDER DRAINAGE DISTRICTS OR THEIR REQUIRED TRANSFORMATION INTO CONSERVANCY DISTRICTS AS A RESULT OF THE REPEAL OF THE ACT. SIMILARLY, I HAVE BEEN UNABLE TO LOCATE ANY LAW WHICH PREVENTS THE ORGANIZATION OF A CONSERVANCY DISTRICT TO COVER AREAS OF LAND PREVIOUSLY COVERED BY A DRAINAGE DISTRICT. HOWEVER, THE TERMS OF 82 O.S. 663.1 AND 82 O.S. 663.2 (1981) ENVISION THAT IF SUCH DUPLICATIONS OF JURISDICTION OCCUR, THE DISTRICT COURTS HAVE THE POWER, UPON RECEIPT OF AN APPROPRIATE PETITION, TO ORDER THE UNION OF SUCH DISTRICTS.
THESE CONSERVANCY DISTRICTS AND MASTER CONSERVANCY DISTRICTS ARE STATUTORILY DECLARED TO BE NEITHER POLITICAL SUBDIVISIONS OF THE STATE, NOR POLITICAL CORPORATIONS. 82 O.S. 541 (1981). RATHER, THEY ARE SPECIAL INTEREST ENTITIES OF PURELY LOCAL CONCERN. THEY ARE DEEMED TO BE BODIES CORPORATE", AND HAVE THE POWER TO SUE AND BE SUED, TO ENTER INTO DEBT, TO ISSUE BONDS, AND A HOST OF OTHER AUTHORITY THAT IS GREATER IN BREADTH THAN THAT PREVIOUSLY PERMITTED DRAINAGE DISTRICTS. SEE 82 O.S. 545 (1981). MAINTENANCE OF IMPROVEMENTS CONSTRUCTED BY SUCH A DISTRICT ARE CONTEMPLATED AS BEING OVERSEEN BY THE DISTRICT BOARD OF DIRECTORS, WHO ARE AUTHORIZED TO ASSESS SPECIAL MAINTENANCE ASSESSMENTS AGAINST PROPERTY BENEFITTED BY THE DISTRICT. 82 O.S. 637 (1981). SUITS MAY BE BROUGHT BY AGGRIEVED PERSONS DIRECTLY AGAINST THESE DISTRICTS IN THE DISTRICT COURT WHICH ORIGINALLY FORMED THEM. 82 O.S. 664 (1981).
AT THE SAME TIME, MUNICIPALITIES IN THE STATE ALSO HAVE THE AUTHORITY TO PROVIDE FOR SPECIAL LOCAL MUNICIPAL DRAINAGE DISTRICTS IN THE FORM OF "IMPROVEMENT DISTRICTS, "AS OUTLINED GENERALLY IN 11 O.S. 39-101, ET. THOSE DISTRICTS ARE ENVISIONED AS GENERALLY ENCOMPASSING AREAS OF LAND WITHIN THE CORPORATE BOUNDARIES OF A CITY, BUT CAN INVOLVE LAND THAT IS NOT TECHNICALLY INSIDE THE MUNICIPAL BOUNDARIES, BUT, RATHER, IS MERELY CONTIGUOUS THERETO. 11 O.S. 39-106
IN BROAD, GENERAL TERMS, IN ALL OF THESE VARIOUS STATUTORY SCHEMES, THE ACTUAL FISCAL SUPPORT FOR THE ACTIVITIES OF THESE LOCAL DISTRICTS IS ENVISIONED AS COMING PRIMARILY FROM THE SPECIAL ASSESSMENTS THAT ARE MADE AGAINST THE LANDOWNERS WHO WILL BENEFIT FROM THE IMPROVEMENTS CREATED BY THE DISTRICT. SEE 11 O.S. 39-39-110/82 O.S. 601 AND 82 O.S. 637. IT IS NOT AT ALL IMPOSSIBLE, IN THIS REGARD, THAT THE JURISDICTIONAL BOUNDARIES OF THESE VARIOUS DISTRICTS CAN OVERLAP ONE ANOTHER.
IN ADDITION TO THESE KINDS OF SPECIAL LOCAL DISTRICTS, THE GOVERNING BODIES OF CITIES AND TOWNS CERTAINLY ALSO HAVE SOME GENERAL AUTHORITY TO PROVIDE FOR DRAINAGE SERVICES TO RESIDENTS OF THE AREAS. SEE 11 O.S. 37-101, ET SEQ.
YOUR VARIOUS QUESTIONS ASK WHETHER A CITY HAS A DUTY TO MAINTAIN A DRAINAGE SYSTEM THAT IS OUTSIDE THE MUNICIPAL LIMITS. I CANNOT