§ 69-6-101. Short Title
This chapter shall be known as the “Watershed District Act of 1955.”
§ 69-6-102. Chapter Definitions
As used in this chapter, unless the context otherwise requires: “Board” means the board of directors of a watershed district; “District” means a watershed district for which organization is proposed or which has been granted under this chapter; “Land” means “real property” as defined by the laws of this state and includes, but is not […]
§ 69-6-103. Organization of District — Petition — Copies — Certification — Filing
Before any watershed district is organized, a petition shall be filed in the office of the state soil conservation committee, signed by not less than twenty percent (20%) of the landowners of the real property, and representing twenty-five percent (25%) of the acreage within the proposed district, as shown by a verified enumeration of the […]
§ 69-6-104. Contents of Petition
The petition shall set forth: The proposed name of the district; Wherever practical the name of the district shall include the name of the principal body of water located in the watershed, such as “ Watershed District”; The state soil conservation committee is empowered to reject the proposed name where a watershed district previously established […]
§ 69-6-105. [reserved.]
The state soil conservation committee shall determine the sufficiency or insufficiency of the petition and the exhibits to the petition, including the certification by the county clerk, or county assessor of property, required in § 69-6-103. If the petition and the attached exhibits meet the requirements of this chapter, the state soil conversation committee shall […]
§ 69-6-107. Organizational Meeting — Establishing the District
Upon receiving notification of the sufficiency of the petition from the state soil conservation committee, the acting chair of the board of the proposed district shall call a meeting of the board by mailing a written notice, fixing the time and place of such meeting, to each member of the board at least five (5) […]
§ 69-6-108. Conduct of Election — Voting Places — Judges and Clerks
The board shall designate one (1) or more centrally located voting places within the proposed district, but if the territory of such proposed district lies in more than one (1) county, then at least one (1) voting place shall be designated within each county of the proposed district in which more than fifteen (15) voters […]
§ 69-6-109. Election Notice
The president and secretary shall cause a notice of the special election to be published for three (3) consecutive weeks in some newspaper of general circulation within the proposed district, the first publication to be not less than twenty-one (21) days prior to such election. If the proposed district lies in more than one (1) […]
§ 69-6-110. Form of Ballot — Qualifications of Voters — Filing Results
The vote at such election shall be by ballot, and such ballot shall comply with the usual requirements for an official ballot for public office insofar as such requirements are applicable. Upon such ballot shall be printed the following question: Shall the board of directors of the proposed Watershed District proceed with the creation of […]
§ 69-6-111. Issuance of Charter — Form — Recordation
If a majority of the landowners voting in the election provided in §§ 69-6-106 — 69-6-110 vote in favor of the organization and creation of the district, the state soil conservation committee shall issue a charter for the district in the same manner as other general welfare corporation charters are issued under the laws of […]
§ 69-6-112. Adverse Vote on Organization — Endorsement — New Application
If a majority of the landowners voting on the proposition shall vote against the organization and creation of the district, the state soil conservation committee shall endorse that fact on the face of the petition and the proceedings shall be closed. A second application containing substantially the same or the same boundaries within a watershed […]
§ 69-6-113. Officers of District — Duties — Treasurer’s Bond
The officers of the district shall be a president, vice president, secretary and treasurer. The president presides over all meetings of the board and serves as chief executive officer of the district. The vice president presides in the absence of the president and performs other duties as may be prescribed by the board. The secretary […]
§ 69-6-114. Open Board Meetings
All meetings of the board, including the organization’s meeting provided for in §§ 69-6-106 — 69-6-110, are open to the public, and any landowner, landowner’s agent or attorney, is entitled to attend and to be heard.
§ 69-6-115. Filing Fees
The state soil conservation committee is not entitled to collect any fee for the filing of the petition, the issuing of the charter, or other services rendered by it under this chapter. The fee of the county register for recording the charter of such district shall be one dollar ($1.00). The county clerk and the […]
§ 69-6-116. Funding of Expenses — No Election Without Sufficient Funds
For the purpose of paying the costs of the election provided by §§ 69-6-106 — 69-6-110, and for the purpose of paying the costs of recording the charter of such district, and any other necessary expenses incurred in the organization of the district, the board is empowered to receive contributions from private sources, or from […]
§ 69-6-117. Alternative Method for Establishment of District — Procedure
As an alternative method for the establishment of a watershed district, any such district may be organized and established in the same manner as a levee and drainage district by the procedure set forth in chapter 5 of this title. In event this alternative procedure is followed, it will not be necessary to file a […]
§ 69-6-118. Corporate Nature of District — Powers
Each watershed district incorporated under this chapter is a body politic and corporate and has the following powers necessary for carrying out the purposes set forth in this chapter to: Adopt a seal; Sue and be sued by its corporate name; Purchase, hold, sell and convey land and personal property, and execute such contracts as […]
§ 69-6-119. Study of Watershed Area
Upon the incorporation of the watershed district, the board shall cause a study to be made of the watershed area to be served by the district. The board has the power to employ engineers, surveyors and other personnel necessary for such study and to have prepared surveys, maps, profiles, plans and descriptions, and such other […]
§ 69-6-120. Change of Boundaries — Election Procedure
In the event that such study shall establish that the areas embodied in the charter originally issued by the state soil conservation committee need to be enlarged or diminished, or that the boundaries set forth in the charter are substantially and materially insufficient or inaccurate to reasonably describe the district, a petition shall be filed […]
§ 69-6-121. Certification of Results — Issuance of Amended Charter — Recordation
The result shall be certified to the state soil conservation committee in accordance with §§ 69-6-106 — 69-6-110. If the vote is favorable, an amended charter shall be issued and shall substantially follow the form prescribed in §§ 69-6-111 and 69-6-112, but shall show on its face that it is an amended charter, issued in […]