A petition to establish a drainage association shall be filed with the designated officer of the county in which all or a part of the land to be affected by the proposed drainage association is located.

The petition shall: clearly describe the area’s location, boundaries, and need of drainage for optimal crop production; describe how draining or ditching the area or changing the natural watercourse benefits the public or promotes the public health, safety, or welfare; and request the establishment of a drainage association for the purposes listed in item (2) of this subsection. A petition is valid only if signed by at least one–third of the landowners or the owners of at least one–third of the land in a watershed.

The petition shall be accompanied by a report from the local soil conservation districts serving the area of the proposed drainage association. The report shall state: the size and location of the area of the proposed drainage association; the nature of the problem to be addressed; the type of treatment believed to be needed and the benefits anticipated; whether the proposed drainage association is feasible and is generally supported by the landowners in the area; whether the proposed drainage association will benefit the public and promote the public health, safety, and welfare; the name of the proposed drainage association, in the form of the “________ Public Drainage Association”; and the number of managers, equaling not less than three, to serve as the board of managers. The local soil conservation districts shall file with the report maps that show: a general delineation of the area of the proposed drainage association; and the area’s location in each county in which it lies.

The county commissioners or county council shall examine the petition and report at the first meeting after receiving the petition and report. If the county commissioners or county council find the petition and report are not in proper form or not in compliance with the law, the petition and report shall be returned to the petitioners to be corrected and resubmitted. If the petition and report are in proper form and in compliance with the law, the county commissioners or county council shall set a date for a public hearing on the petition and report. At least 10 days before the hearing, the county commissioners or county council shall: publish notice of the time and place of the hearing in a newspaper of general circulation in each county in the area in which the proposed drainage association would be located; and send notice of the hearing and any later hearing to the: Department of Agriculture; and State Soil Conservation Committee in the Department of Agriculture. The notice of the hearing shall state that a copy of the report is available for inspection in the office of the designated officer. A copy of the report shall be available for inspection in the office of the designated officer.

If the land described in the petition is located in two or more counties, the county commissioners or county council of an affected county may exercise the jurisdiction conferred in this title, but the venue shall lie in the county in which the petition is filed.

At the hearing on the petition and report, the petitioners, any affected local soil conservation district, and any other person may appear in person or by counsel and object to any part of the report. The county commissioners or county council may: disapprove the petition and report and return them to the petitioners for amendment in view of the objections presented; or approve the petition and report as submitted or amended.