All drains that have been constructed in this state except township drains shall be
under the charge of the board and it shall be the duty of the board to keep such drains
open and in good repair. When a drain is situated in more than one county, the drainage board of each county
shall have charge of the maintenance of that portion of the drain located in its county. It shall be the mandatory duty of the board, within the limits of available funds,
to clean out and repair any drain when requested to do so by petition of fifty-one
percent of the affected landowners. The percentage of affected landowners of record in the treasurer's office or recorder's
office favoring such cleaning out or repairing shall be determined by the weighted
voting method as provided in section 61-21-16.
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