Code of Alabama

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9-9-51
Section 9-9-51 Organization of district over lands of watershed conservancy district. A water
management district may be organized over the whole or any part of the lands covered by an
existing watershed conservancy district organized under Sections 9-8-50 through 9-8-67; provided
that: (1) The soil and water conservation district supervisors and the directors of the watershed
conservancy district concerned file no objection to the organization; and (2) The water management
district assumes any outstanding obligations and responsibilities of the watershed conservancy
district. When such water management district is established, it will supersede the watershed
conservancy district, and the watershed conservancy district or that portion of the watershed
conservancy district involved shall be dissolved and shall no longer be in effect over the
area covered by the water management district. (Acts 1965, No. 685, p. 1246, ยง46.)...
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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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9-9-11
Section 9-9-11 Establishment of district - Filing of objections to organization of district;
hearing and proceedings upon petition and objections; issuance of order declaring organization
of district; dismissal of petition and issuance of itemized bill of costs and expenses. (a)
Any owner of real property affected by said proposed district who wishes to object to the
organization and incorporation of said district shall, on or before 12:00 noon of the day
set for the causes to be heard, file his objection in writing stating why such district should
not be organized and incorporated. On the day appointed for the hearing, the court shall hear
and determine in a summary manner any objection that may be offered to the sufficiency of
the petition or to the report of the engineer or plan submitted by petitioners. If it appears
that there is any land within the proposed district that is not in the watershed, if the proposed
plan includes purposes other than drainage or is not in the benefited...
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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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9-9-50
Section 9-9-50 Annexation of land to district. Any body of land, however large, contiguous
or adjacent to a water management district organized under this article may be annexed thereto
and made a part thereof, the same as if originally included therein, upon petition of one
third or more of the landowners owning 50 percent or more in acreage of the real property
to be annexed or upon the petition of one half or more of the owners of the real property
to be annexed owning more than one third of the area to be annexed. Such petition and all
the proceedings relative thereto shall conform as nearly as may be with the provisions of
this article for the filing of the petition for the organization of a water management district
and shall be filed with the court of probate having jurisdiction over the district to which
annexation is sought. Upon filing of such petition, the court shall direct the board of water
management commissioners of said district to cause surveys and a report to be made...
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9-9-23
Section 9-9-23 Appointment of district engineer, etc.; preparation, adoption, etc., of report
and water management plan for improvements in district. (a) Within 60 days after the district
is established, it shall be the duty of the board of water management commissioners to appoint
as district engineer a competent civil or agricultural engineer of good standing in his profession
who is familiar with the type of project involved if said engineer is needed or required by
the district. Such services of an engineer may not be required if engineering services are
furnished by a federal, state or local agency. (b) In case an engineer is needed or required,
it shall be the duty of the court of probate to refer the report of the preliminary survey
or other plans to the district engineer, who shall make a survey of the district and shall
prepare a report with plans for improvements for the district. Such report shall include maps,
profiles, specifications, estimates of cost and other data and...
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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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9-8-23
Section 9-8-23 Creation and incorporation of districts; increase or decrease in boundaries;
reorganization; change of name. (a) Any 25 owners of land lying within the limits of the territory
proposed to be organized into a district may file a petition with the State Soil and Water
Conservation Committee asking that a soil and water conservation district be organized to
function in the territory described in the petition. Such petition shall set forth: (1) The
proposed name of said district; (2) That there is need in the interest of the public health,
safety and welfare for a soil and water conservation district to function in the territory
described in the petition; (3) A description of the territory proposed to be organized as
a district, which description shall not be required to be given by metes and bounds or by
legal subdivisions but shall be deemed sufficient if generally accurate; and (4) A request
that the State Soil and Water Conservation Committee duly define the boundaries...
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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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