A petition to establish a drainage district shall be filed with the designated officer where all or a part of the land is located.

A petition shall: state that a specific area of land is subject to overflow or is too wet for cultivation; describe the area’s location; describe how draining, ditching, or leveeing the area, changing the natural watercourse, or other drainage projects benefit the public or promote the public health, safety, or welfare; and specify, to the extent practicable, the starting point, route, and terminus and any lateral branches of the proposed drainage project. A petition is valid only if signed by the majority of the resident landowners in the proposed drainage district or the owners of three–fifths of the land that will be affected by or assessed to finance the proposed drainage project.

A bond shall be filed with a petition. The bond shall be: in the amount of $50 per mile of ditch or other proposed drainage project; signed by two or more individual sureties or a licensed surety company; approved by the county commissioners or county council; and conditioned on payment of all costs and expenses of the proceedings if the county commissioners or county council do not grant the petition.

Each landowner who has not signed the petition is a respondent. The designated officer shall issue a summons to be served on each respondent. A summons may be served by publication as to any respondent who cannot be served as provided by law. If a mortgage is held on land in the proposed drainage district, notice of the proceedings shall be given to the holder of the mortgage in the same manner as to a respondent. A mortgage holder may appear before the county commissioners or county council in person or by counsel.

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.