9-9-42
Section 9-9-42 Construction of improvements under water management plan - Authority and procedure
for letting contracts. The board of water management commissioners may secure and use men,
equipment and materials under the supervision of the water management engineer to construct,
excavate and complete all or any of the works of improvements which may be needed to carry
out the plan of water management, or it may, in its discretion, let contracts therefor, either
as a whole or in part. The board of commissioners shall fix the time and place of letting
contracts for the construction of the improvements and cause notice thereof, containing a
description of the work to be let, to be made by publication in three consecutive issues of
some weekly newspaper (if such there be) of general circulation published in the county in
which the district is organized and by at least one insertion in some contractor's or trade
journal and by such additional publication elsewhere as the board of water...
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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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9-9-33
Section 9-9-33 Collection of taxes on property divided, sold or transferred. When any property
in a water management district has been divided, sold or transferred, the tax collector may
receive taxes levied under this article on a part of any tract, piece or parcel of land or
other property and give his receipt accordingly only when the deed or transfer of said property
shows the agreed division of said taxes and the approval of the board of water management
commissioners of the district. (Acts 1965, No. 685, p. 1246, §26.)...
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9-9-41
Section 9-9-41 Bonds of district employees, etc. Bonds in behalf of the district for the safekeeping
of funds and faithful performance of their respective duties and obligations shall be given
by each of the commissioners, the engineer, if any, the attorney, the secretary, the treasurer
and all other persons who may handle funds of the district and by such persons, firms or corporations
having contracts with the district as the commissioners may require. The amount of the bonds
and the sureties of the commissioners shall be subject to the approval of the court of probate.
The amount of bonds and the sureties of the treasurer, the attorney, the secretary, the engineer,
if any, and the contractors shall be subject to the approval of the board of water management
commissioners. All bonds of district officials shall be placed with the court of probate and
the bonds of contractors with the secretary of the district. The amount of the bonds of any
person who handles district funds or of a...
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9-10A-6
Section 9-10A-6 Petition to form authority. When 25 or more residents, who are 18 years of
age or older, within each county located on a defined watershed desire to form a watershed
management authority, said residents shall file a petition with the board of supervisors of
the soil and water conservation district in which said proposed authority lies. Such petition
shall define the boundaries of the proposed watershed management authority, the number of
acres of land involved, reasons for requesting creation of such authority, the proposed name
for such watershed management authority and other information pertinent to such proposal.
The proposed name of a proposed watershed management authority shall not be the same as, or
deceptively similar to, the name of any other watershed management authority. The proposed
name shall include references to the geographic features of the area encompassing the watershed
management authority. (Acts 1991, No. 91-602, p. 1119, §6.)...
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9-9-28
Section 9-9-28 Notice of hearing on report of board of viewers. When the report of the board
of viewers is fully completed in accordance with the provisions of this article and filed,
the court of probate shall forthwith set a date for hearing said report, not less than 30
days thereafter, and shall give notice thereof by causing publication to be made as hereinafter
defined, and the following form shall suffice: "Notice of Filing of Viewers' Report and
Hearing Thereon for ___ Water Management District. Notice is hereby given to all persons interested
in the following described land and property in _____ County (or Counties), Alabama; (here
describe land and property) included within and without _____ water management district, that
the board of viewers heretofore appointed to assess benefits and damages to the property and
lands situated within and without said water management districts and to appraise the cash
value of the land necessary to be taken for rights-of-way for the...
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9-9-53
Section 9-9-53 Joint works of improvement with adjoining states. Whenever it may be desirable
to construct, widen, deepen, straighten or otherwise change any ditch, drain, watercourse,
floodwater retarding structure, levee or other works of improvement lying on or along, across
or near the boundary line between the State of Alabama and an adjoining state or whenever
it may be desirable to construct, repair or improve any works of improvement as provided for
in this article, which ditch, drain, watercourse, floodwater retarding structure or other
works of improvement cannot be constructed, repaired or improved in the best manner without
affecting lands in such adjoining state, the board of water management commissioners of the
district in which such work is located shall have authority to join with the proper officers
of such adjacent county or counties or districts of other states in the construction, widening,
deepening, straightening, repairing or improving of any such drain, ditch,...
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9-9-49
Section 9-9-49 Rights of landowners as to use of drains, watercourses, etc., as outlets for
lateral drains from lands. The owner of any land that has been assessed for the cost of the
construction of any ditch, drain, watercourse or other improvement as provided in this article
shall have the right to use the ditch, drain or watercourse as an outlet for lateral drains
from said land; and, if said land is separated from the ditch, drain, watercourse or other
drainage improvement by the land of another or others and the owner thereof shall be unable
to agree with said other or others as to the terms and conditions on which he may enter their
lands and construct said drain or ditch, he may petition to condemn the same and the same
proceeding shall be had as in cases of condemnation under the right of eminent domain. When
the drain is constructed it shall become a part of the drainage system and shall be under
the control of the board of water management commissioners and be kept in repair...
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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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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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