1. (a) If a petition filed under this chapter alleges the obstruction of:

   1. (1) a drain; or

   2. (2) a natural surface watercourse;

      the county surveyor of the county in which the obstruction is alleged to exist shall promptly investigate whether the obstruction exists.

2. (b) If the county surveyor, upon investigation, finds an existing obstruction in a drain or natural surface watercourse in the location alleged in the petition, the county surveyor shall report the existence of the obstruction to the drainage board.

3. (c) Upon receiving a report from the county surveyor under subsection (b), the drainage board shall:

   1. (1) set a date for a hearing on the petition; and
   2. (2) serve notice of the hearing on each owner of the land on which the obstruction exists who can be identified in the records of the county recorder.
4. (d) The hearing must be held at least thirty (30) days but less than ninety (90) days after the date of the filing of the petition.
5. (e) Notice of a hearing must be mailed to each respondent with return receipt requested.

As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2. Amended by P.L.276-2001, SEC.18.