reglab/housing_qa huggingface dataset:
7 DE Code § 3923. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 39. Soil and Water Conservation Districts|Subchapter II. State and County Appropriations to Districts|§ 3923. Use of appropriated money in Sussex, Kent and New Castle Counties.

§ 3923. Use of appropriated money in Sussex, Kent and New Castle Counties. The money appropriated pursuant to § 3921 of this title shall be used by the Division of Watershed Stewardship to pay or assist in paying all costs including personnel required for planning, construction, installation and maintenance of tax ditches, public group ditches, highway ditches and resource conservation projects in Sussex, Kent and New Castle Counties, which tax ditches shall be organized under Chapter 41 of this title; Article 2, Chapter 65, and Article 1, Chapter 105 of the 1935 Revised Code of Delaware; and which public group ditches shall be ditches providing water management and drainage for groups of landowners and for landowners and portions of state highways and for which necessary construction permits, easements or rights-of-way for construction and maintenance operations shall have been acquired by this State or by Sussex, Kent or New Castle County, and which highway ditches shall be ditches maintained by the public on state or county-owned easements or rights-of-way adjacent to the roads of Sussex, Kent or New Castle County, and which resource conservation projects shall be defined in applications or project plans submitted to the Secretary of the United States Department of Agriculture for Watershed Planning or Resource Conservation and Development assistance. The money appropriated shall be paid from time to time by the State Treasurer and the governments of Sussex, Kent and New Castle Counties to the Division of Watershed Stewardship, or to the Sussex Conservation District, the Kent Conservation District, or the New Castle Conservation District, or directly to the contractors and suppliers furnishing work, labor, services and materials for such projects or to landowners for rights-of-way or easements, or shall be paid or otherwise made available to other state agencies for work, labor, services and materials for certain portions of such projects as shall be determined by the Division and upon certification by the Division that such payments are proper and for the purposes authorized by this section. 7 Del. C. 1953, §  3923;  55 Del. Laws, c. 414, §  2;  56 Del. Laws, c. 92;  57 Del. Laws, c. 739, §  178;  57 Del. Laws, c. 749;  59 Del. Laws, c. 561, §  2;  59 Del. Laws, c. 562, §  1;  64 Del. Laws, c. 382, §  1;  77 Del. Laws, c. 430, §  5;
7 DE Code § 3925. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 39. Soil and Water Conservation Districts|Subchapter II. State and County Appropriations to Districts|§ 3925. Transfer of funds prohibited.

§ 3925. Transfer of funds prohibited. Funds appropriated for use by a particular district in a particular county shall only be used by that district in that county. 7 Del. C. 1953, §  3925;  55 Del. Laws, c. 414, §  2;  57 Del. Laws, c. 749.;
7 DE Code § 4101. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 41. Drainage of Lands and Management of Waters; Tax Ditches|Subchapter I. General Provisions|§ 4101. Declaration of policy.

§ 4101. Declaration of policy. It is declared that the drainage and the prevention of flooding of lands and the management of water for resource conservation shall be considered a public benefit and conducive to the public health, safety and welfare. 48 Del. Laws, c. 151, §  1;  7 Del. C. 1953, §  4101;  50 Del. Laws, c. 276, §  1;  70 Del. Laws, c. 246, §§  2, 3;
7 DE Code § 4102. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 41. Drainage of Lands and Management of Waters; Tax Ditches|Subchapter I. General Provisions|§ 4102. Purpose.

§ 4102. Purpose. It is the purpose of this chapter in carrying out the policy declared in § 4101 of this title to provide a basis for a uniform system for establishing, financing, administering, maintaining and dissolving tax ditch organizations in the State under the supervision of the Department of Natural Resources and Environmental Control to the end that the conservation and management of the soil, water, wildlife, forest and other resources of the State may be accomplished in a workable and practicable manner. 48 Del. Laws, c. 151, §  2;  7 Del. C. 1953, §  4102;  57 Del. Laws, c. 739, §  180;  70 Del. Laws, c. 246, §§  4, 5;
7 DE Code § 4103. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 41. Drainage of Lands and Management of Waters; Tax Ditches|Subchapter I. General Provisions|§ 4103. Definitions.

§ 4103. Definitions. For the purposes of this chapter, unless otherwise specifically defined, or another intention clearly appears, or the context requires a different meaning:  (1) “Benefits” include, but shall not be limited to, the privilege of participating in a cooperative system for the management of water from one's lands by a tax ditch formed under this chapter. (2) “Drainage” means water management, by drainage areas or watersheds, to safely remove or control both excess, surface flood waters and damaging, excess subsurface waters. (3) “Landowner” or “owner” means that person or group of persons in whom the entire title to a certain tract of land is vested. (4) “Taxable” means any person entitled to vote under this chapter. (5) “Flooding” means the occurrence of damaging, excess surface water. The occurrence of surface water for beneficial uses is a component of water management, not flooding. (6) “Water management” means the removal, storage, or application of water by intentional means, including but not limited to management methods using drains, channels, culverts, structures for water level control and dams.48 Del. Laws, c. 151, §  3;  7 Del. C. 1953, §  4103;  50 Del. Laws, c. 276, §  2;  70 Del. Laws, c. 246, §§  6, 7;
7 DE Code § 4104. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 41. Drainage of Lands and Management of Waters; Tax Ditches|Subchapter I. General Provisions|§ 4104. Application; effect on previously established drainage organizations and on earlier drainage laws.

§ 4104. Application; effect on previously established drainage organizations and on earlier drainage laws. (a) Any landowner or owners in an area served by a drainage organization established prior to June 1, 1951, under any other law of this State, or any landowner or owners who desire their lands to be drained or protected from flooding may, at any time, petition for the establishment of a tax ditch under this chapter. (b) In those cases, when an existing drainage organization becomes a tax ditch under this chapter, the present assets or liabilities of said existing drainage organization may be transferred to the tax ditch provided that such assets or liabilities are declared by the tax ditch commissioners in their report, and that the transfer of such assets or liabilities is approved by the affected taxables either by a referendum held by board of ditch commissioners pursuant to § 4132 of this title or by a signed statement pursuant to § 4135 of this title. (c) Article 2, Chapter 65, and Article 1, Chapter 105, of the 1935 Revised Code of Delaware shall remain in effect and shall apply to drainage organizations established thereunder prior to June 1, 1951, unless such drainage organizations reform or reorganize under this chapter. 48 Del. Laws, c. 151, §§  7, 69, 75;  7 Del. C. 1953, §  4104;  50 Del. Laws, c. 276, §  3;  56 Del. Laws, c. 312, §  1;
7 DE Code § 4105. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 41. Drainage of Lands and Management of Waters; Tax Ditches|Subchapter I. General Provisions|§ 4105. Limitation of easement or right-of-way.

§ 4105. Limitation of easement or right-of-way. (a) Once a tax ditch has been constructed, any right-of-way for the construction and major maintenance of the tax ditch — provided such has been created pursuant to this chapter — and including tax ditches where rights-of-way were previously defined as “adequate” or “sufficient” — unless previously modified by a change to the court order, shall have the maximum extent defined as follows:  (1) Tax ditches with a designed 0′-4′ bottom width — 80′ from top of bank and to include the cross-section of the ditch; or the existing construction right-of-way, whichever is less. (2) Tax ditches with a designed 4′-10′ bottom width — 120′ from top of bank and to include the cross-section of the ditch; or the existing construction right-of-way whichever is less. (3) Tax ditches with a designed bottom width greater than 10′ — existing construction and major maintenance right-of-way as filed in the original court order. (b) No change to the minor maintenance right-of-way is necessary provided such has been otherwise created pursuant to this chapter. (c) The reference point for all tax ditch rights-of-way that are established or modified as a result of 76 Del. Laws, c. 389 or future actions is the nearest top of ditch bank. The “top of ditch bank” is the point where the side slope of the ditch intersects the existing grade of the adjacent land. For ditch sections that have been piped, the point of references shall be the centerline of the pipe. (d) An additional deferment of the timeline for the recordation process for certifying rights-of-way as set forth in amendments contained in § 4195(b) of this title and as extended by SCR No. 27 of the 144th General Assembly shall be granted until January 13, 2009. (e) For purposes of this chapter:  (1) “Construction and major maintenance right-of-way” means the right-of-way created by this chapter for the purpose of construction/reconstruction of the tax ditch, to allow for the piling of debris and to allow spoil to be leveled as part of the construction operations and major maintenance activities including “dipping out” and/or disposal of spoils. (2) “Minor maintenance right-of-way” means the right-of-way created under this chapter for the purpose of maintenance activities that include but are not limited to inspection, mowing, use of specialized equipment for vegetative management (i.e. herbicide applications), removal of debris and obstructions, pipe repairs and installation of crossings for access.76 Del. Laws, c. 389, §  1;
7 DE Code § 4106. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 41. Drainage of Lands and Management of Waters; Tax Ditches|Subchapter II. Boards of Ditch Commissioners|§ 4106. Ditch commissioners; membership; qualifications; term; vacancies; secretary.

§ 4106. Ditch commissioners; membership; qualifications; term; vacancies; secretary. (a) A board of ditch commissioners, consisting of 3 ditch commissioners and 3 alternate ditch commissioners, is continued for each county within the State. Upon the expiration of the terms of office of the present and all future commissioners, the resident judge for each county shall appoint ditch commissioners and alternate ditch commissioners, who may be selected from lists of 10 or more names submitted by the supervisors of the soil conservation district within the county. Each ditch commissioner and alternate ditch commissioner shall be a resident landowner of the county from which the commissioner is appointed, shall have some knowledge of water management including flood and drainage problems and their impacts to natural resources and shall be familiar with farming and with land values within such county. (b) The term of office for each ditch commissioner shall be 3 years. The term of office for the alternate ditch commissioners shall be 1 year each. A ditch commissioner or alternate ditch commissioner may be reappointed to succeed himself or herself. All appointments shall be effective as of August 1 of each year. (c) In the case of the death, resignation or removal from office of a ditch commissioner, the vacancy shall be filled by the appointment of 1 of the alternate ditch commissioners to serve for the remainder of the term of the vacating ditch commissioner. (d) Except in the case of death or removal from office, a ditch commissioner shall hold office until his or her successor has been appointed. (e) The Division of Watershed Stewardship shall serve as secretary, without voting authority, for each of the county boards of ditch commissioners. 48 Del. Laws, c. 151, §  4;  7 Del. C. 1953, §  4106;  50 Del. Laws, c. 276, §  4;  59 Del. Laws, c. 560, §  2;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 246, §  8;  76 Del. Laws, c. 213, §  1;  77 Del. Laws, c. 430, §  6;
7 DE Code § 4107. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 41. Drainage of Lands and Management of Waters; Tax Ditches|Subchapter II. Boards of Ditch Commissioners|§ 4107. Disqualification of members.

§ 4107. Disqualification of members. In those cases where any member of the board of ditch commissioners owns lands within the boundary of a proposed tax ditch, such member shall not serve as a member of said board on that particular tax ditch and an alternate ditch commissioner shall serve in the member's stead. 48 Del. Laws, c. 151, §  4;  7 Del. C. 1953, §  4107;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 246, §  9;
7 DE Code § 4108. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 41. Drainage of Lands and Management of Waters; Tax Ditches|Subchapter II. Boards of Ditch Commissioners|§ 4108. Chairperson; quorum; voting.

§ 4108. Chairperson; quorum; voting. A chairperson of each board of ditch commissioners shall be designated by the members thereof and such designation may be changed from time to time. A majority of the ditch commissioners of each board shall constitute a quorum and the concurrence of a majority in any matter within their duties shall be required for its determination. 48 Del. Laws, c. 151, §  4;  7 Del. C. 1953, §  4108;  70 Del. Laws, c. 186, §  1;
7 DE Code § 4109. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 41. Drainage of Lands and Management of Waters; Tax Ditches|Subchapter II. Boards of Ditch Commissioners|§ 4109. Compensation; expenses and reimbursement.

§ 4109. Compensation; expenses and reimbursement. (a) The ditch commissioners shall be entitled to receive reimbursement for their expenses necessarily incurred in the discharge of their duty at a per diem rate set by the Secretary of the Department of Natural Resources and Environmental Control, not to exceed $50, plus mileage reimbursement at the rate established in § 7102 of Title 29, as amended. The ditch commissioners shall be reimbursed for said expenses by the landowners petitioning to have a tax ditch formed. Such reimbursement shall be made from funds deposited in advance by the petitioners at the time the petition is filed or from the first moneys collected by the tax ditch after it is organized, the manner to be decided by the county soil conservation district pursuant to § 4120 of this title. (b) Ditch commissioners will be reimbursed for their expenses incurred in the discharge of their duties in connection with the formation of a tax ditch after the ditch order has become effective, or at such time as the Superior Court issues an order denying the petition for the formation of the tax ditch. 48 Del. Laws, c. 151, §§  4, 5;  7 Del. C. 1953, §  4109;  50 Del. Laws, c. 276, §  5;  57 Del. Laws, c. 739, §  181;  64 Del. Laws, c. 136, §  1;
7 DE Code § 4110. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 41. Drainage of Lands and Management of Waters; Tax Ditches|Subchapter II. Boards of Ditch Commissioners|§ 4110. Employment of qualified personnel.

§ 4110. Employment of qualified personnel. The Department of Natural Resources and Environmental Control shall employ personnel, including a Registered Professional Engineer, authorized to practice engineering in this State under Chapter 28 of Title 24, who is qualified by experience in hydraulic engineering, drainage and soil work, to assist it in carrying out its functions under this chapter and to perform related duties within the Division of Watershed Stewardship. 48 Del. Laws, c. 151, §  6;  7 Del. C. 1953, §  4110;  58 Del. Laws, c. 312, §  2;  57 Del. Laws, c. 739, §  182;  59 Del. Laws, c. 560, §  1;  77 Del. Laws, c. 430, §  7;
7 DE Code § 4111. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 41. Drainage of Lands and Management of Waters; Tax Ditches|Subchapter II. Boards of Ditch Commissioners|§ 4111. Employment of personnel; purchase of supplies and equipment.

§ 4111. Employment of personnel; purchase of supplies and equipment. The Department may employ such personnel and obtain by purchase or otherwise such supplies and equipment as are necessary to carry out this chapter. 48 Del. Laws, c. 151, §  6;  7 Del. C. 1953, §  4111;
7 DE Code § 4116. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 41. Drainage of Lands and Management of Waters; Tax Ditches|Subchapter III. Formation of Tax Ditch; Procedure|§ 4116. Nature of a tax ditch.

§ 4116. Nature of a tax ditch. A tax ditch organized under this chapter shall constitute a governmental subdivision of this State and a public body, corporate and politic, exercising public powers. 48 Del. Laws, c. 151, §  43;  7 Del. C. 1953, §  4116;
7 DE Code § 4117. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 41. Drainage of Lands and Management of Waters; Tax Ditches|Subchapter III. Formation of Tax Ditch; Procedure|§ 4117. Petition for formation of a tax ditch; assistance of Division of Watershed Stewardship.

§ 4117. Petition for formation of a tax ditch; assistance of Division of Watershed Stewardship. (a) Whenever 1 or more of the owners of any lands desire their lands to be drained or protected from flooding, or the waters of their lands to be managed they may present a petition for the formation of a tax ditch to the Superior Court of the county in which all or the major portion of the area involved is located, through the board of supervisors of the soil conservation district of the county. (b) The services of the Division of Watershed Stewardship shall be available to assist the landowners in the preparation of such petitions. 48 Del. Laws, c. 151, §  7;  7 Del. C. 1953, §  4117;  50 Del. Laws, c. 276, §  8;  59 Del. Laws, c. 560, §  2;  70 Del. Laws, c. 246, §§  10, 11;  77 Del. Laws, c. 430, §§  8, 9;
7 DE Code § 4118. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 41. Drainage of Lands and Management of Waters; Tax Ditches|Subchapter III. Formation of Tax Ditch; Procedure|§ 4118. Form of petition.

§ 4118. Form of petition. A petition for the formation of a tax ditch shall be in the following form:  PETITION To the Superior Court of ________________________________ County through the Board of Supervisors of the Soil Conservation District of ________________________________ County:  Whereas the undersigned (is) (are) the owner(s) of certain lands subject to overflow or in need of water management situated in ________________________________ Hundred(s) ________________________________ County (Counties), and the State of Delaware, said lands being more particularly described as follows ________________ ________________ ________________  ________________; and Whereas the draining and the prevention of flooding of said lands, and/or the management of water for resource conservation on said lands would be a public benefit and conducive to the public health, safety and welfare; and Whereas the undersigned desire that a Tax Ditch be formed under the provisions of Chapter 41, Title 7 of the Delaware Code, said Tax Ditch to be known as________________________________ Tax Ditch; The undersigned therefore request the Soil Conservation District of ________________________________ County to make the investigation required under the above cited chapter and, if the findings thereon be favorable, to file this petition in the office of the Prothonotary of ________________________________ County so that the Superior Court of said County may take the necessary steps required by law to issue an order establishing ________________________________ Ditch. Dated this ________date day of ________________________________month , ________year at ________________________________, Delaware. ________________  (Space for Signatures)48 Del. Laws, c. 151, §  8;  7 Del. C. 1953, §  4118;  70 Del. Laws, c. 246, §§  12, 13;
7 DE Code § 4119. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 41. Drainage of Lands and Management of Waters; Tax Ditches|Subchapter III. Formation of Tax Ditch; Procedure|§ 4119. Name of tax ditch.

§ 4119. Name of tax ditch. The name of any tax ditch established under this chapter shall not be the same as the name of any existing drainage organization within the same county. 48 Del. Laws, c. 151, §  71;  7 Del. C. 1953, §  4119;
7 DE Code § 4120. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 41. Drainage of Lands and Management of Waters; Tax Ditches|Subchapter III. Formation of Tax Ditch; Procedure|§ 4120. Deposit upon filing of petitions for tax ditch.

§ 4120. Deposit upon filing of petitions for tax ditch. (a) The county soil conservation district shall require that a specified sum be deposited with it by the petitioners before the petition is filed in the office of the prothonotary to cover filing fees, mailing and other necessary expenses. The amount of the deposit shall be determined by the county soil conservation district and may vary according to the size of the area involved, the complexity of the problem, and other pertinent factors. If the original deposit is not sufficient, the district shall require an additional deposit as soon as the need for such becomes evident. (b) The district shall keep an account of such deposits and shall return any unused portion thereof to the petitioners upon completion of final action by the Superior Court. When such action is favorable, the petitioners shall be repaid, out of the first moneys collected by the tax ditch, all expenses of formation charged to them by the county soil conservation district. (c) From the funds deposited with it pursuant to this section, the county soil conservation district shall pay filing fees, mailing and other necessary expenses incurred in the investigation and formation of a tax ditch. 48 Del. Laws, c. 151, §§  14, 15;  7 Del. C. 1953, §  4120;
7 DE Code § 4121. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 41. Drainage of Lands and Management of Waters; Tax Ditches|Subchapter III. Formation of Tax Ditch; Procedure|§ 4121. Duties of county soil conservation district upon receipt of petition.

§ 4121. Duties of county soil conservation district upon receipt of petition. The board of supervisors of the county soil conservation district shall, upon receipt of a petition for the formation of a tax ditch, determine whether the petition is in the form set forth in § 4118 of this title and has been properly executed. If the petition is in the prescribed form and has been properly executed, the board shall immediately notify the Division of Watershed Stewardship, and by virtue of such action shall have made available to it the services of the Department of Natural Resources and Environmental Control to assist it with the investigation concerning the possible formation of the tax ditch. 48 Del. Laws, c. 151, §  9;  7 Del. C. 1953, §  4121;  57 Del. Laws, c. 739, §  183;  59 Del. Laws, c. 560, §  2;  70 Del. Laws, c. 246, §  14;  77 Del. Laws, c. 430, §  10;
7 DE Code § 4122. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 41. Drainage of Lands and Management of Waters; Tax Ditches|Subchapter III. Formation of Tax Ditch; Procedure|§ 4122. Investigation; hearing.

§ 4122. Investigation; hearing. The county soil conservation district shall cause an investigation to be made by the Division of Watershed Stewardship in order to ascertain the general location and approximate watershed boundaries of the proposed tax ditch, and to obtain other information to assist the district to determine whether the formation of the tax ditch is practicable and feasible and is in the interest of the public health, safety and welfare. The district may hold such hearings as it deems necessary in order to assist it in making such determination. 48 Del. Laws, c. 151, §  10;  7 Del. C. 1953, §  4122;  50 Del. Laws, c. 276, §  7;  59 Del. Laws, c. 560, §  2;  77 Del. Laws, c. 430, §  11;