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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9-9-11
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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9-9-50
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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9-9-27
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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11-99A-4
Section 11-99A-4 Establishment of districts. (a) One or more owners of land wishing to form
a district in a municipality or a county may petition the municipality or county to form a
district as follows: (1) The owners shall prepare a written petition executed by the owners
of all land proposed to be included within the district. (2) The petition shall include a
description of the tract or tracts of land proposed to be included within the district, which
may include less than all of any individual tract of land. The description shall be sufficient
if it refers to tax assessment tracts in accordance with the tax assessor's numbering or other
reference system, by metes and bounds, by subdivision lot, by reference to recorded deeds,
or by other reasonable reference method. (3) The petition shall include a map or plat of the
proposed district, showing that, if the district is created, (i) with respect to a petition
being submitted to a municipality, the land will be contiguous with land...
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9-9-75
Section 9-9-75 Establishment of subdistricts - Procedure. (a) The establishment of a subdistrict
shall be undertaken only upon the initiative of one or more of the land owners concerned.
Such land owners shall file with the chairman, for which a fee of $1.00 shall be charged,
a petition signed by three fourths of the land owners who own, control or operate all of the
land involved. Said petition shall state the approximate boundaries of the proposed subdistrict,
that the purpose of this article will be served by the drainage of such land or by the control
of such surface waters and the name and last known address of each owner of land within the
proposed subdistrict. (b) When said petition has been filed, the chairman shall set a date
for a hearing before him on said petition, not less than 10 nor more than 30 days after the
date on which the petition is filed, and all owners of land within the proposed subdistrict
shall be notified by personal service or by letter, postage prepaid and...
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9-9-73
Section 9-9-73 Powers and duties of commission and officers or directors of subdistricts generally.
The county commission shall have control of the affairs of the county as such drainage district.
No commissioner shall directly or indirectly be interested in any contract made by the county
commission, save and except insofar as other land owners are benefited by the work constructed.
They shall appoint and employ such agents and persons as they may deem necessary for the execution
of the purposes expressed in this article, particularly operators of county controlled machinery
and equipment, save and except they shall not become directly or indirectly employed by the
county commission or by a subdistrict established by authority of this article. They shall
have the right and authority to enter into contracts or other agreements with the United States
government or any department thereof, with persons, firms or corporations, with the state
government of any department thereof or with...
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11-48-8
Section 11-48-8 Hearing upon objections as to proposed improvement; amendment, modification,
rescission, etc., of ordinance or resolution; actions ratified and confirmed where prior to
ordinance, resolution or hearing. (a) At the meeting, to be held as provided for as specified
in Section 11-48-6, or at a place and time to which the same may be adjourned, all persons
whose property may be affected by the proposed improvement may appear in person or by attorney
or by petition and object or protest against said improvement, the material to be used or
the alternative types of material or any of them from which selection is later to be made,
if any, and the manner of making the same, and said council shall consider such objection
and protest and may confirm, amend, modify, or rescind the original ordinance or resolution.
But if objection to the proposed improvement is made by a majority in frontage of the property
owners to be affected thereby when the proposed improvement is to be...
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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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