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9-10A-9
Section 9-10A-9 Creation of board of directors; terms of office; vacancies. If the board of
supervisors determines the authority is needed, it shall determine the number of directors
who shall comprise the board of directors of the watershed management authority. The board
of directors of the watershed management authority shall include at least one resident from
each county located within the boundaries of the authority. The board of supervisors of a
soil and water conservation district in which is situated a county or a portion of a county
that is in a watershed management authority, shall determine if the member of the original
board of directors of the watershed management authority, who, pursuant to this chapter must
reside in said county, shall be appointed or elected. For the purposes of this chapter said
directors shall be referred to as "resident directors." The method of selection
chosen shall be proclaimed by resolution. If the original member of the board of directors
is to...
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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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9-9-43
Section 9-9-43 Construction of improvements under water management plan - Duties of water management
engineer; payment of contractor. The water management engineer shall have charge of the construction
of the plan of water management. He shall make monthly estimates of the amount of work done
and shall furnish one copy to the contractor and file the other with the secretary of the
board of commissioners, and the commissioners shall within five days after the filing of such
estimates meet and direct the secretary to draw a warrant in favor of such contractor for
not more than 90 percent of the work done according to the specifications and contract; and,
upon the presentation of such warrant, properly signed by the president and secretary, to
the treasurer of the district, he shall pay the amount due thereon. When the work is fully
completed and accepted by the water management engineer, he shall make an estimate for the
whole amount due, including the amounts withheld on previous...
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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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18-1A-171
Section 18-1A-171 Reduction of compensation award because of incidental benefits from taking.
The amount of compensation to which the owners and other parties interested therein are entitled
must not be reduced or diminished because of any incidental benefits which may accrue to them
or to their remaining lands in consequence of the uses to which the lands to be taken or in
which the easement is to be acquired will be appropriated; provided, that in the condemnation
of lands for ways and rights-of-way for public highways, water or sewer lines, the commissioners
or jury may, in fixing the amount of compensation to be awarded the owner for lands taken
for this use, take into consideration the value of the enhancement to the remaining lands
of such owner that such highway, water or sewer lines may cause; and provided further, that
in proceedings instituted by water conservancy districts and water management districts, benefits
accruing to the landowner from an improvement may be...
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9-8-58
Section 9-8-58 Referendum upon creation of district - Counting, etc., of votes; certification,
recordation and filing of results. The votes shall be counted by the election officers at
the close of the polls, and report of the results, along with the ballots, shall be delivered
to the polling superintendent, who shall certify the results to the board of supervisors.
If a majority of the votes cast favor creation of the district, the board of supervisors shall
certify such results to the judge of probate of the county or counties involved. Upon proper
recording of such action, such watershed conservancy district shall be duly created. After
recording, the certification shall be filed with the State Soil and Water Conservation Committee.
(Acts 1957, No. 517, p. 705, §8.)...
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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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9-9-2
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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9-8-20
Section 9-8-20 Definitions. Wherever used or referred to in this article, unless a different
meaning clearly appears from the context: (1) DISTRICT or SOIL AND WATER CONSERVATION DISTRICT.
A governmental subdivision of this state and a public body corporate and politic organized
in accordance with the provisions of this article for the purposes, with the powers and subject
to the restrictions set forth in this article. (2) SUPERVISOR. One of the members of the governing
body of a district appointed in accordance with the provisions of this article. (3) COMMITTEE
or STATE SOIL AND WATER CONSERVATION COMMITTEE. The agency created in Section 9-8-22. (4)
PETITION. A petition filed under the provisions of subsection (a) of Section 9-8-23 for the
creation of a district. (5) STATE. The State of Alabama. (6) AGENCY OF THIS STATE. Such term
includes the government of this state and any subdivision, agency or instrumentality, corporate
or otherwise, of the government of this state. (7) UNITED...
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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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