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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9-9-18
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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9-9-29
Section 9-9-29 Filing of exceptions to report; hearing upon exceptions and report; approval
and confirmation of report; dismissal of proceedings and dissolution of district; transmittance
of copies of court decree and report of viewers; filing fee. On or before the day set for
the hearing of the final report of the board of viewers, the water management district or
any owner of land or other property in said district or any person having an interest in any
lands or other property within said district may file exceptions to said report or to any
assessment for either benefits or damages. All exceptions shall be heard by the court and
determined in a summary manner so as to carry out liberally the purposes and needs of the
district. If it appears to the satisfaction of the court, after having heard and determined
all of said exceptions, that the estimated cost of constructing the improvements contemplated
in the plan of water management or, in the case of a Public Law 566 watershed...
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9-9-55
Section 9-9-55 Correction of errors in court proceedings, etc. The board of water management
commissioners may petition the court; and, upon a proper showing, the court shall correct
errors or omissions that may have occurred in any proceedings or decrees in relation to any
district organized under this article; provided, that notice by publication as provided in
this article shall be given to any person whose lands are affected by such proposed correction
and that no other person or property shall be affected by such proceeding. (Acts 1965, No.
685, p. 1246, §43.)...
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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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9-9-31
Section 9-9-31 Tax levy to defray expenses of proposed works and improvements generally; water
management tax record; additional taxes. (a) After the list of lands and other property with
the assessed benefits and the decree and judgment of the court have been filed as provided
in Section 9-9-29, the board of water management commissioners shall without unnecessary delay
levy a tax of such portion of said benefit on all lands and other property in the district
to which benefits have been assessed as may be found necessary by the board of water management
commissioners to defray the costs and expenses of the proposed works and improvements as incorporated
in the plan of water management, plus 10 percent of said total amount for emergencies. The
said tax shall be apportioned to and levied on each tract of land or other property in said
district in proportion to the benefits assessed and not in excess of 90 percent thereof; and,
in case bonds are issued as provided in this article, then...
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9-9-35
Section 9-9-35 Payment of tax to district treasurer - Required; records. Any person owning
lands and other property assessed for the construction of any works of improvement under the
provisions of this article shall have the privilege of paying such tax assessment to the district
treasurer on or before a date to be fixed by the board of water management commissioners,
notice of which date shall be given by publication in a newspaper published in each county
in which lie lands in the district at least 10 days before such fixed date, and the amount
to be paid shall be the full amount of the tax levied less any amount added thereto to meet
interest. When such tax assessment has been paid, the secretary of the board of water management
commissioners shall enter upon the water management tax record opposite each tract for which
payment is made the words, "paid in full," and such tax assessment shall be deemed
satisfied, and the secretary of the board of water management commissioners shall...
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9-8-64
Section 9-8-64 Detachment of lands from districts. The owner or owners of lands which have
not been, are not and cannot be benefited by their inclusion in the watershed conservancy
district may petition the board of supervisors to have such lands detached. The petition shall
describe such lands and state the reasons why they should be detached. A hearing shall be
held within 30 days after the petition is received. Due notice of such hearing shall be given
at least 10 days before the hearing. If it is determined by the board of supervisors that
such lands shall be detached, such determination shall be certified to the judge of probate
of each county in which any portion of such lands lie. After recording, the certification
shall be filed with the State Soil and Water Conservation Committee. (Acts 1957, No. 517,
p. 705, §14.)...
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9-9-32
Section 9-9-32 Levy of annual installment of tax; form of certificate and order directing collection
of tax; preparation of tax record; proceedings as to delinquencies. (a) The said board of
water management commissioners shall each year thereafter determine, order and levy the amount
of the annual installment of the total taxes under Section 9-9-31, which shall become due
and be collected during said year at the same time that state and county taxes are due and
collected and which shall be evidenced and certified by the said board as provided in this
section. Prior to the first Monday in October of each year, one copy of the water management
tax book shall be delivered to the tax collector of each county in which benefited lands and
other benefited property of said district are situated after the judge of the court of probate
of the county in which the district was organized has affixed his signature to the certificate
and order directing the collection of said tax, and said tax shall...
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9-9-37
Section 9-9-37 Bonds - Issuance. The board of water management commissioners may issue bonds
of the water management district from time to time for an amount equal in the aggregate to
the total cost of the improvement including all preliminary organization and administration
expenses not heretofore provided for, less such amounts as shall have been paid in cash to
the district treasurer. In no case, however, shall the par value of the bonds issued plus
such amounts as shall have been paid in cash to the district treasurer exceed 90 percent of
the aggregate of benefits assessed against the land or other property. The bonds shall be
numbered serially and shall bear interest not to exceed six percent per annum, payable semiannually,
and shall mature at annual intervals within 40 years commencing after a period of years not
later than five years to be determined by the board of water management commissioners, and
said bonds shall be signed by the president of the board of water management...
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