TITLE 7


Conservation


Agricultural and Soil Conservation; Drainage and Reclamation of Lowlands


CHAPTER 41. DRAINAGE OF LANDS AND MANAGEMENT OF WATERS; TAX DITCHES


Subchapter II. Boards of Ditch Commissioners


§ 4106. Ditch commissioners; membership; qualifications; term; vacancies; secretary.


(a) A board of ditch commissioners, consisting of 3 ditch commissioners and 3 alternate ditch commissioners, is continued
for each county within the State. Upon the expiration of the terms of office of the present and all future commissioners,
the resident judge for each county shall appoint ditch commissioners and alternate ditch commissioners, who may be selected
from lists of 10 or more names submitted by the supervisors of the soil conservation district within the county. Each ditch
commissioner and alternate ditch commissioner shall be a resident landowner of the county from which the commissioner is appointed,
shall have some knowledge of water management including flood and drainage problems and their impacts to natural resources
and shall be familiar with farming and with land values within such county.


(b) The term of office for each ditch commissioner shall be 3 years. The term of office for the alternate ditch commissioners
shall be 1 year each. A ditch commissioner or alternate ditch commissioner may be reappointed to succeed himself or herself.
All appointments shall be effective as of August 1 of each year.


(c) In the case of the death, resignation or removal from office of a ditch commissioner, the vacancy shall be filled by the
appointment of 1 of the alternate ditch commissioners to serve for the remainder of the term of the vacating ditch commissioner.


(d) Except in the case of death or removal from office, a ditch commissioner shall hold office until his or her successor
has been appointed.


(e) The Division of Watershed Stewardship shall serve as secretary, without voting authority, for each of the county boards
of ditch commissioners.


48 Del. Laws, c. 151, § 4; 7 Del. C. 1953, § 4106; 50 Del. Laws, c. 276, § 4; 59 Del. Laws, c. 560, § 2; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 246, § 8; 76 Del. Laws, c. 213, § 1; 77 Del. Laws, c. 430, § 6.;


§ 4107. Disqualification of members.


In those cases where any member of the board of ditch commissioners owns lands within the boundary of a proposed tax ditch,
such member shall not serve as a member of said board on that particular tax ditch and an alternate ditch commissioner shall
serve in the member's stead.


48 Del. Laws, c. 151, § 4; 7 Del. C. 1953, § 4107; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 246, § 9.;


§ 4108. Chairperson; quorum; voting.


A chairperson of each board of ditch commissioners shall be designated by the members thereof and such designation may be
changed from time to time. A majority of the ditch commissioners of each board shall constitute a quorum and the concurrence
of a majority in any matter within their duties shall be required for its determination.


48 Del. Laws, c. 151, § 4; 7 Del. C. 1953, § 4108; 70 Del. Laws, c. 186, § 1.;


§ 4109. Compensation; expenses and reimbursement.


(a) The ditch commissioners shall be entitled to receive reimbursement for their expenses necessarily incurred in the discharge
of their duty at a per diem rate set by the Secretary of the Department of Natural Resources and Environmental Control, not
to exceed $50, plus mileage reimbursement at the rate established in § 7102 of Title 29, as amended. The ditch commissioners
shall be reimbursed for said expenses by the landowners petitioning to have a tax ditch formed. Such reimbursement shall be
made from funds deposited in advance by the petitioners at the time the petition is filed or from the first moneys collected
by the tax ditch after it is organized, the manner to be decided by the county soil conservation district pursuant to § 4120
of this title.


(b) Ditch commissioners will be reimbursed for their expenses incurred in the discharge of their duties in connection with
the formation of a tax ditch after the ditch order has become effective, or at such time as the Superior Court issues an order
denying the petition for the formation of the tax ditch.


48 Del. Laws, c. 151, §§ 4, 5; 7 Del. C. 1953, § 4109; 50 Del. Laws, c. 276, § 5; 57 Del. Laws, c. 739, § 181; 64 Del. Laws, c. 136, § 1.;


§ 4110. Employment of qualified personnel.


The Department of Natural Resources and Environmental Control shall employ personnel, including a Registered Professional
Engineer, authorized to practice engineering in this State under Chapter 28 of Title 24, who is qualified by experience in
hydraulic engineering, drainage and soil work, to assist it in carrying out its functions under this chapter and to perform
related duties within the Division of Watershed Stewardship.


48 Del. Laws, c. 151, § 6; 7 Del. C. 1953, § 4110; 58 Del. Laws, c. 312, § 2; 57 Del. Laws, c. 739, § 182; 59 Del. Laws, c. 560, § 1; 77 Del. Laws, c. 430, § 7.;


§ 4111. Employment of personnel; purchase of supplies and equipment.


The Department may employ such personnel and obtain by purchase or otherwise such supplies and equipment as are necessary
to carry out this chapter.


48 Del. Laws, c. 151, § 6; 7 Del. C. 1953, § 4111.;