Section 9-9-1 – Short Title.
Section 9-9-1 Short title. This article shall be known as the “Alabama Water Management Act.” (Acts 1965, No. 685, p. 1246, §1.)
Section 9-9-10 – Establishment of District – Presentation of Opinion by Representative of State Committee.
Section 9-9-10 Establishment of district – Presentation of opinion by representative of state committee. On the day appointed for the hearing, a representative of the State Soil and Water Conservation Committee may appear and by verbal or written statement advise the court of his opinion of the need of establishing the proposed water management district. […]
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.
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 […]
Section 9-9-12 – Establishment of District – Appeal as to Inclusion in or Exclusion From District of Property.
Section 9-9-12 Establishment of district – Appeal as to inclusion in or exclusion from district of property. If the court finds that any property set out in the report of the engineer or other plans submitted by petitioners should not be incorporated in the district, the board of commissioners or any owner of realty in […]
Section 9-9-13 – Establishment of District – Effect of Order Establishing District.
Section 9-9-13 Establishment of district – Effect of order establishing district. The order of the court of probate establishing said district shall have all the force of a judgment, and the court shall forthwith levy a uniform tax of not more than $1.00 per acre upon each acre of land owned by the landowners within […]
Section 9-9-14 – Board of Water Management Commissioners – Composition; Qualifications, Appointment, Terms of Office, Oath and Bond of Commissioners; Seal; Officers and Employees Generally; Meetings; Vacancies; Quorum.
Section 9-9-14 Board of water management commissioners – Composition; qualifications, appointment, terms of office, oath and bond of commissioners; seal; officers and employees generally; meetings; vacancies; quorum. Upon the organization of the district, the court of probate shall appoint three water management commissioners to be designated “Board of Water Management Commissioners,” who shall have control […]
Section 9-9-15 – Board of Water Management Commissioners – Powers and Duties Generally.
Section 9-9-15 Board of water management commissioners – Powers and duties generally. The board of water management commissioners shall have the right and authority to enter into contracts or other agreements with the United States government or any department thereof, with persons, with railroads or other corporations, with public corporations, with the state government of […]
Section 9-9-16 – Board of Water Management Commissioners – Election of District Treasurer.
Section 9-9-16 Board of water management commissioners – Election of district treasurer. The board of water management commissioners shall elect some competent person, corporation or partnership as district treasurer, whose duty it shall be to receive all moneys derived from tax collections, the sale of bonds or from any other source and to disburse the […]
Section 9-9-17 – Board of Water Management Commissioners – Appointment, etc., of Fiscal Agent.
Section 9-9-17 Board of water management commissioners – Appointment, etc., of fiscal agent. For the purpose of carrying out the provisions of this article, to assist in the keeping of the tax books, the collection of taxes, the remitting of funds to pay maturing bonds and coupons and to be of such other service in […]
Section 9-9-18 – Board of Water Management Commissioners – Auditing of District Accounts; Annual Report; Notice of Reports and Annual Meeting.
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 […]
Section 9-9-19 – Compensation of District Officers and Employees.
Section 9-9-19 Compensation of district officers and employees. Each member of the board of viewers shall receive as compensation for his services $25.00 per diem when actually employed. The secretary of the board of water management commissioners shall be entitled to such compensation for his secretarial work as may be agreed upon by the board […]
Section 9-9-2 – Definitions.
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 […]
Section 9-9-20 – Removal of Commissioners, Viewers or Other District Officers.
Section 9-9-20 Removal of commissioners, viewers or other district officers. Any commissioner, viewer or other officer of any district organized under this article may, after due hearing, be removed for cause upon a motion filed in the court of probate where said district was organized. (Acts 1965, No. 685, p. 1246, §12.)
Section 9-9-21 – Right of Condemnation.
Section 9-9-21 Right of condemnation. The power of eminent domain is hereby conferred, and such land, easements or rights-of-way within or outside the district which are necessary to carry out the purposes of the district may be condemned. Nothing in this article shall be construed to authorize the acquisition by eminent domain of any real […]
Section 9-9-22 – Right of Commissioners, etc., to Enter Lands to Make Surveys, etc.; Liability for Damages; Obstruction of Entrance.
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 […]
Section 9-9-23 – Appointment of District Engineer, etc.; Preparation, Adoption, etc., of Report and Water Management Plan for Improvements in District.
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 […]
Section 9-9-24 – Procedure as to Proposed Improvement Crossing Railroad Right-of-Way.
Section 9-9-24 Procedure as to proposed improvement crossing railroad right-of-way. Whenever the proposed improvement crosses the right-of-way of any railroad company, it shall be the duty of the board of water management commissioners, before adopting the plan of water management, to promptly notify such railroad company by serving written notice on any agent of such […]
Section 9-9-25 – Correction of Errors in or Amendments to Water Management Plan.
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 […]
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.
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 […]
Section 9-9-27 – Viewing and Assessment of Lands by Board of Viewers; Report of Findings.
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 […]