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9-8-61
Section 9-8-61 Board of directors - Powers and duties generally. Subject to the approval of
the board of supervisors, the board of directors of a watershed conservancy district shall
have power to: (1) Acquire, by purchase, gift, grant, bequest or devise, or through condemnation
proceedings held in the manner provided by Chapter 1 of Title 18 of this code, such lands
or rights-of-way as are necessary for the exercise of any authorized function of the district;
(2) Construct, improve, operate and maintain such structures as may be necessary for the exercise
of any authorized function of the district; (3) Borrow such money as is necessary for the
purpose of acquiring rights-of-way and establishing, constructing, reconstructing, repairing,
enlarging and maintaining such structures and improvements as are required by the district
in the performance of its functions, and issue, negotiate and sell its bonds as provided in
Section 9-8-62; provided, that all contracts made and all bonds issued...
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9-9-22
Section 9-9-22 Right of commissioners, etc., to enter lands to make surveys, etc.; liability
for damages; obstruction of entrance. The board of water management commissioners of any district
organized under this article or its employees or agents or cooperating state and federal agencies,
including contractors and their employees, and the engineer and members of the board of viewers
and their assistants may enter upon the lands within or without the district in order to make
surveys and examinations to accomplish the necessary preliminary purposes of the district
or to have access to the work, being liable, however, for actual damage done. Any person or
corporation preventing such entrance shall be guilty of a misdemeanor. (Acts 1965, No. 685,
p. 1246, §15.)...
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9-10A-5
Section 9-10A-5 Land which may be included in authority. The land area embraced in any watershed
management authority must encompass at least 50 square miles, must be contiguous and must
lie within a defined watershed. The area may include lands within any soil and water conservation
district. Such authorities may embrace lands lying in one or more soil and water conservation
districts. Two or more watersheds may be included in a watershed management authority. Provided,
however, no land may be included in more than one watershed management authority and provided
further, that no lands or facilities which are subject to the licensing jurisdiction of the
Federal Energy Regulatory Commission or the jurisdiction of the Alabama Public Service Commission
to issue certificates of convenience and necessity shall be subject to the exercise of any
powers or authorities granted herein. (Acts 1991, No. 91-602, p. 1119, §5.)...
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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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9-10A-2
Section 9-10A-2 Definitions. For the purposes of this chapter, the following words and phrases
shall have the meanings indicated unless the context clearly indicates a different meaning:
(1) WATERSHED MANAGEMENT AUTHORITY. A governmental subdivision of this state and a public
body, corporate and politic, organized in accordance with the provisions of this chapter for
the purposes, with the powers and subject to the restrictions set forth in this chapter. (2)
DIRECTOR. One of the members of the governing body of a watershed management authority. (3)
AT LARGE DIRECTOR. A director of a watershed management authority who may reside within any
county that lies within the boundaries of the watershed management authority. (4) RESIDENT
DIRECTOR. A director of a watershed management authority who, pursuant to the requirements
of this chapter, must reside in a particular county. (5) BOARD OF DIRECTORS. The governing
body of a watershed management authority. (6) BOARD OF SUPERVISORS. The...
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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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9-8-31
Section 9-8-31 Discontinuance. (a) At any time after three years after the organization of
a district under the provisions of this article, any 25 owners of land lying within the boundaries
of such district may file a petition with the State Soil and Water Conservation Committee
praying that the operations of the district be terminated and the existence of the district
discontinued. The committee may conduct such public meetings and public hearings upon such
petition as may be necessary to assist it in consideration thereof. Within 60 days after such
a petition has been received by the committee, it shall give due notice of the holding of
a referendum and shall supervise such referendum and issue appropriate regulations governing
the conduct thereof, the question to be submitted by ballots upon which the words "For
terminating the existence of the _____ (name of the soil conservation district to be here
inserted)" and "Against terminating the existence of the _____ (name of the soil...
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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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9-9-55
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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9-9-42
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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