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9-10B-25
Section 9-10B-25 Considerations when designating capacity stress areas; authority of local
organizations to implement proposed actions. During the designation of a capacity stress area,
the commission shall give due consideration to any hydrologic boundaries or other geographical
considerations in designating an area of the state as a capacity stress area. In addition,
the commission shall determine whether any local organization, including, but not limited
to, watershed management authorities, conservancy districts, or soil and water conservation
districts, are duly organized and authorized to implement the proposed actions in a capacity
stress area other than those actions delegated to the Alabama Department of Environmental
Management pursuant to Section 9-10B-23. In the absence of local organizations or in the event
any such local organizations do not have the authority or are not authorized to take the action
proposed within the capacity stress area, the Office of Water Resources...
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9-9-7
Section 9-9-7 Establishment of district - Filing of petition for organization of district;
appointment, etc., of engineer; report of engineer. (a) Whenever a petition praying for the
organization of a water management district and signed by a majority of the landowners owning
more than one third of the land in acreage in a proposed district or by at least one third
of the persons owning more than one half of the land in the proposed district shall be filed
with the court of probate of such county in which such lands are located or, if such lands
are composed of tracts or parcels situated in two or more counties, then in the office of
the court of probate of the county in which there is situated more of said lands than in any
other county, said petition setting forth the specific body or district of land in the county
or county and adjoining counties described in such a way as to convey an intelligent idea
as to location of such land and stating that the public benefit or utility or the...
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9-9-27
Section 9-9-27 Viewing and assessment of lands by board of viewers; report of findings. (a)
Within 30 days after qualifying, the board of viewers shall begin its duties, and it may at
any time call upon the attorney of the district for legal advice and information relative
to its duties. Said viewers shall proceed to view the premises and determine the value of
all land and other property within or without the district to be acquired and used for rights-of-way
or other works of drainage, leveeing, reclamation, flood prevention or for the conservation,
development, utilization and disposal of water as set out in the water management plan. They
shall assess the amount of benefits and the amount of damages, if any, that will accrue to
each tract of 40 acres or less, according to the legal or recognized subdivisions of land
according to ownership, to public highways, railroad and other rights-of-way, railroads, roadways
and other property from carrying out and putting into effect the plan...
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45-29-90.07
Section 45-29-90.07 Acquisition of property. The authority may acquire by purchase, construction,
lease, gift, condemnation, or otherwise, property of any kind, real, personal, or mixed,
or any interest therein, that the board deems necessary or convenient to the exercise of its
powers or functions; provided, that acquisition by condemnation shall be limited to lands,
rights in land, including leaseholds and easements, and water rights in the Tom Bevill Reservoir
Management Area that the board determines to be necessary to the control and optimum development
of the Tom Bevill Reservoir Management Area, including such lands adjacent to or in the immediate
vicinity of water control reservoirs as the board determines to be necessary to assure full
development and optimum use of such reservoirs for the purposes of, water conservation and
supply, flood control, irrigation, navigation, industrial development, public recreation,
and related purposes. The amount and character of the interest...
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9-9-74
Section 9-9-74 Establishment of subdistricts - Jurisdiction, authority, etc.; purposes. The
county commission of any county, as a drainage district, shall have jurisdiction, power and
authority to establish drainage subdistricts as provided in this article, to promote, aid
and assist the purposes of drainage districts organized under Title 2, Sections 208 through
262 of the 1940 Alabama Code or water management districts organized under Sections 9-9-1
through 9-9-72 of this code by the development of systems for the prevention of soil erosion
and surface waters control upon lands in and contiguous to and affecting the drainage of said
district and to aid and assist land owners in providing for the prevention, elimination or
control of overflow waters and wet, swamp and overflow lands by the proper distribution of
surface waters or holding such waters upon the land from which it flows to or upon wet, swamp
and overflow lands and to prevent and deter the filling of natural or artificial...
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11-99A-2
include gambling or gaming establishments. (7) MUNICIPALITY. An incorporated city or town in
the state. (8) OWNER. The person or persons in whose name property within a district is assessed
for ad valorem property tax purposes. Notwithstanding the preceding sentence, in the case
of a trust, the owner of the property is the trustee; in the case of an estate, the owner
of the property is the executor or administrator; in the case of a minor, the owner of the
property is the guardian, or other personal representative. "Owner" only
includes the holders of present interests, and not the holders of future interests in property.
In the case of land with respect to which a person owns an option to purchase or a contract
to purchase, the holder of the option or purchase contract shall be considered the owner,
rather than the person holding legal title to the real estate, provided that the person owning
an option or real estate contract certifies under oath that the person will purchase real...
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45-2-243.81
Section 45-2-243.81 Definitions. For the purposes of this subpart, the following words have
the following meanings: (1) GOVERNMENTAL INFRASTRUCTURE. Any facilities, systems, or services
that are owned and operated by or on behalf of a political subdivision for any of the following
purposes: a. Storm water, drainage, and flood control. b. Roads and bridges. c. Capital expenditures
related to law enforcement and public safety, fire protection, emergency medical services,
public park and recreational facilities, and public schools. d. Maintenance and upkeep of
facilities or resurfacing of roadways where needed because of the impact of new development.
(2) IMPACT FEE. A charge or assessment imposed by a political subdivision against new development
in order to generate revenue for funding or recouping the costs of governmental infrastructure
necessitated by and attributable directly to the new development. The term includes the dedication
of land for public parks or payments made in lieu...
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9-16-122
Section 9-16-122 Abandoned Mine Reclamation Fund. (a) There is hereby created in the State
Treasury a special fund to be called the State Abandoned Mine Reclamation Fund which shall
receive all state and federal appropriations, grants and donations, and all other moneys available
for the purposes of this article, and such funds are hereby appropriated and made exclusively
available to be used as provided by this article and for the purposes herein stated. All fund
sources shall be separately accounted for. (b) Moneys in the fund may be used for the following
purposes: (1) Reclamation and restoration of land and water resources adversely affected by
past coal mining, including but not limited to reclamation and restoration of abandoned surface
mine areas, abandoned coal processing areas, and abandoned coal refuse disposal areas; sealing
and filling abandoned deep mine entries and voids, planting of land adversely affected by
past coal mining to prevent erosion and sedimentation;...
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9-6-3
Section 9-6-3 Purposes of authorities. Public corporations may be formed under the provisions
of this chapter for any one or more or all of the following purposes: (1) To undertake and
to make or cause to be made engineering, technical, financial, legal and other appropriate
studies and surveys with respect to water, air or general environmental pollution problems
and hazards within the area of operation; (2) To construct, acquire, own and operate, singly
or in conjunction with others, lease, sell and otherwise dispose of equipment, facilities
and systems for the control, abatement or prevention of water, air or general environmental
pollution; and (3) To cooperate with and lend financial assistance and other aid to municipalities,
communities, counties, industries and public and private corporations within and outside of
the area of operation and within or outside of the boundaries of the State of Alabama in any
matters and undertakings having to do with or the end purpose of which is...
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9-8-21
Section 9-8-21 Legislative findings; declaration of policy. (a) It is hereby declared as a
matter of legislative determination: (1) That the farm, forest and grazing lands of the State
of Alabama are among the basic assets of the state and that the preservation of these lands
is necessary to protect and promote the health, safety and general welfare of its people;
(2) That improper land-use practices have caused and have contributed to, and are now causing
and contributing to, a progressively more serious erosion of the farm, forest and grazing
lands of this state by wind and water; (3) That the consequences of such soil erosion are
the silting and sedimentation of stream channels, reservoirs, dams, ditches and harbors, the
loss of fertile soil material, the reduction in productivity or outright ruin of rich bottom
lands by overwash of poor subsoil material, sand and gravel and the deterioration of soil
and its fertility; and (4) That to conserve soil resources and control and prevent...
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