9-9-18
Section 9-9-18 Board of water management commissioners - Auditing of district accounts;
annual report; notice of reports and annual meeting. On or before August 1 of each year, the
board of water management commissioners of any district organized under this article shall
have the accounts of the district audited, and it shall file with the court of probate having
jurisdiction thereof the auditor's report showing the receipts and disbursements of the district
for the preceding calendar year ending June 30 as well as its statement of the character of
the work accomplished during such year and a general statement of the plans and purposes of
the board of water management commissioners for the succeeding year. The commissioners shall
give notice by publication as provided in this article that the auditor's report and the annual
report of the board of water management commissioners is on file with the court and that the
board of water management commissioners will hold its annual meeting in...
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9-9-14
Section 9-9-14 Board of water management commissioners - Composition; qualifications,
appointment, terms of office, oath and bond of commissioners; seal; officers and employees
generally; meetings; vacancies; quorum. Upon the organization of the district, the court of
probate shall appoint three water management commissioners to be designated "Board of
Water Management Commissioners," who shall have control of the affairs of the district,
and each commissioner shall be an owner of real property within the district and shall be
over 19 years of age, and at least one of them shall be a resident of the county in which
the proceedings are held. Whenever the owners of a majority in acres of the land comprising
a district petition the court for appointment of a person qualified under this article to
act as a water management commissioner, it shall be the duty of the court to appoint such
person or persons, but in the absence of such petition it shall be the duty of the court to
appoint such...
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9-9-26
Section 9-9-26 Transmittal of certified copy of water management plan to probate court;
petition for appointment of viewers; composition, etc., of board of viewers; qualifications
and appointment of members. Within 90 days after the adoption of the plan of water management,
the secretary of the board of water management commissioners shall prepare and transmit a
certified copy thereof to the court of probate of the county in which the district is organized,
and at the same time the board of water management commissioners shall file with said court
of probate a petition to appoint viewers to appraise the lands within and without said district
to be acquired for rights-of-way on the works of improvement of the district and to assess
benefits and damages according to all lands in the district and other property by reason of
the execution of the plan of water management. Within 30 days after the filing of such petition,
the court of probate shall by an order appoint a board of viewers...
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9-9-40
Section 9-9-40 Bonds - Remedies and proceedings upon default. (a) If any installment
of principal and interest evidenced by any bonds issued under the provisions of this article
shall not be paid at the time and in the manner when the same shall become due and payable,
the same shall bear interest at the rate of eight percent per annum until paid, and if such
default shall continue for a period of 60 days, the holder or holders of such bond or bonds
upon which default has been made may have a right of action against said water management
district wherein the court may issue a writ of mandamus against the officers of said district,
including the tax collector, directing the levying of a sufficient tax as provided in this
article and the collection of same in such sum as may be necessary to meet any unpaid installments
of principal and interest and costs of suit and such other remedies are hereby vested in the
holder or holders of such bond or bonds in default as may be authorized by...
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9-9-9
Section 9-9-9 Establishment of district - Notice of filing of petition and of hearing.
Immediately upon the filing of the report of the engineer or other plans submitted by petitioner,
it shall be the duty of the court of probate to forthwith give notice thereof by personal
service or by causing publication to be made as hereinafter defined; and, in the event notice
is given by publication, the following form shall suffice: "Notice of Petition for the
Organization of a Water Management District. Notice is hereby given to all persons interested
in the following described lands in _____ County, State of Alabama (here describe the lands
as set out in the preliminary survey or other plans on file with this court) that a petition
has been filed with this court signed by a majority of the persons owning at least one third
of the land or by at least one third of the persons owning more than one half of the aforementioned
land, asking that the aforementioned and described lands be organized...
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9-9-2
Section 9-9-2 Definitions. Whenever used in this article, the following words and phrases
shall have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) NOTICE BY PUBLICATION. Unless otherwise specified, such notice shall consist of publication
once in each of three consecutive weeks (three insertions) in some newspaper having general
circulation in the county or counties wherein the land in the water management district is
located, the last insertion to be made at least 15 days prior to the date fixed for the hearing
of said notice, and it shall not be necessary that the publication shall be made on the same
day in each of the three weeks, but not less than 14 days, excluding the day of the first
publication, shall intervene between the first publication and the last publication. When
a district includes lands in two or more counties, such notice shall be published in each
county, and it will be sufficient to set out only the lands in the county...
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9-9-25
Section 9-9-25 Correction of errors in or amendments to water management plan. The board
of water management commissioners may correct errors in or amend the plan of water management
at any time upon the recommendation or concurrence of competent technicians when it appears
that the purpose for which the district is organized may thereby be more effectively and economically
accomplished; provided, that after assessments of benefits have been confirmed by the court,
no such amendment to plans shall be effective until approved by the court having jurisdiction
of the district after a hearing, for which notice shall be given as in the case of the assessments
of benefits, at which hearing all parties whose property has been assessed for benefits or
may be damaged or taken by reason of such amendment shall have opportunity to be heard. When
any amendment to the plan is approved by the court, the benefits and damages resulting from
such amendment shall be determined at the same hearing. (Acts...
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9-9-13
Section 9-9-13 Establishment of district - Effect of order establishing district. The
order of the court of probate establishing said district shall have all the force of a judgment,
and the court shall forthwith levy a uniform tax of not more than $1.00 per acre upon each
acre of land owned by the landowners within such district to be used for the purpose of defraying
the expenses incurred in establishing said district or to be incurred in organizing said district,
making surveys of the same and assessing benefits and damages and to pay other expenses necessary
to be incurred before the board of commissioners provided for in this article shall be empowered
by the subsequent provisions of this article to provide funds to pay the total cost in connection
with the works of improvement of the district. In case the boundaries of the district shall
be extended under subsequent sections of this article so as to include land and other property
not contained within the district as organized by...
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9-9-47
Section 9-9-47 Construction of improvements crossing railroad right-of-way. After a
district has let a contract for work which crosses or traverses a railway right-of-way and
the actual construction is commenced, the engineer in charge of construction shall notify
the railroad company of the probable time at which the contractor will be ready to enter upon
the right-of-way of said road and construct the work thereon. It shall be the duty of the
said railroad to send a representative to view the ground with the engineer and arrange the
exact time at which such work can be most conveniently done. At the time agreed upon, the
said railroad company shall remove its rails, ties, stringers and such other obstructions
as may be necessary to permit the excavation or construction of the channel or other work
of improvement across its right-of-way. The work shall be so planned and conducted as to interfere
in the least possible manner with the business of the said railroad. In case the railroad...

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9-9-48
Section 9-9-48 Control and supervision of completed improvements; annual tax for repairs
and maintenance; payment of costs of repairs and maintenance; injury, damage or obstruction
of improvements. Whenever any improvement constructed under this article is completed, it
shall be under the control and supervision of the board of water management commissioners.
It shall be the duty of said board to maintain the levees, ditches, drains, watercourses,
floodwater retarding structures and any other improvements in good repair, and for this purpose
the board of water management commissioners may annually levy a tax on the lands benefited
by the construction of such improvement in the same manner as other water management taxes
are levied, not to exceed 10 percent of the assessed benefits in any one year, and the fund
that is collected shall be used for repairing and maintaining the ditches, drains, watercourses,
floodwater retarding structures and other improvements in perfect order;...
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