West Virginia Code Chapter 19. Agriculture § 19-21-1. Jurisdiction of circuit courts to organize drainage districts; definition of terms

Original jurisdiction, power and authority are hereby conferred upon all circuit courts of this State to establish and organize drainage, levee and reclamation districts in this State, and to the end that the public design and intention of this article may be carried into full force and effect, power and authority are hereby conferred upon such courts to provide ways and means consistent with the provisions of this article for the organization, operation and maintenance of drainage, levee and reclamation districts in this State.

The jurisdiction, power and authority conferred upon the circuit courts of this State by this article shall include the establishing, organizing and providing for the operation and maintenance of drainage, levee and reclamation districts in this State, which districts, when organized, shall have the power to construct all levees, ditches, drains or canals, pumping plants, floodgates, and other needed improvements, or to have constructed, straightened, widened, deepened, strengthened and improved any levee, ditch, drain, creek or watercourses within this State, all for the purpose of reclaiming, draining or improving any low, wet, swampy or overflowed lands in this State, or to prevent the overflow of lands, or to protect towns, municipalities and cities from such overflow therein: Provided, however, That in so doing navigation upon navigable streams in this State shall not thereby be impaired: Provided further, That such improvement will result in public benefit, or will promote the public health, or will be conducive to the general welfare of the community in which the proposed district is established.

Whenever the words “court,” “judge” and “clerk of the court” are used in this article, they shall be construed to mean “circuit court,” “circuit judge” and “clerk of the circuit court,” respectively, unless otherwise indicated.