The owner of any land that has been assessed for the cost of the construction of any ditch, drain or watercourse, as herein provided, shall have the right to use the ditch, drain or watercourse as an outlet for lateral drains from such land and if such land is separated from the ditch, drain or watercourse by the land of another or others and the owner thereof shall be unable to agree with such other or others as to the terms and conditions on which he may enter their lands and construct such drain or ditch he may file his auxiliary petition in such pending proceeding to the court and the procedure shall be as now provided by law. When the ditch is constructed it shall become a part of the drainage system and shall be under the control of the board of drainage commissioners and be kept in repair by them as herein provided.