A landowner that has been assessed under this title for the cost to construct a ditch, drain, or watercourse may use the ditch, drain, or watercourse as an outlet for lateral drains from the assessed land. The owner of the assessed land may petition the county commissioners or county council if: the assessed land is separated from a ditch, drain, or watercourse by the land of another; and the owner of the assessed land and the other landowner do not agree on the terms and conditions under which the owner of the assessed land may enter the property of the other landowner and construct a lateral drain or ditch. A lateral ditch constructed under this section shall be: part of the drainage system; under the control of the board of drainage commissioners; and maintained by the board of drainage commissioners as provided under this title.