reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8A - Cost-Share Grants for Soil and Water Conservation. › Section 9-8A-8 - Ineligible Lands.

Section 9-8A-8
Ineligible lands.
Allocated funds shall not be used to reimburse other units of government for implementing soil and water conservation practices. Privately-owned land not used for agricultural or timber production shall not qualify for allocated funds. Tracts of land used for agricultural or timber production smaller than 20 acres in size from which less than $1,000.00 of agricultural products are sold annually shall not qualify for allocated funds.
(Acts 1985, 1st Ex. Sess., No. 85-123, p. 169, §10; Acts 1986, No. 86-426, p. 775, §9.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8A - Cost-Share Grants for Soil and Water Conservation. › Section 9-8A-10 - Designing of Proposed Soil and Water Conservation Practices.

Section 9-8A-10
Designing of proposed soil and water conservation practices.
A qualified technician of, or technician designated by, the soil and water conservation district in which a particular project is located shall design and lay out proposed soil and water conservation practices for which allocated funds have been obligated. Such technician shall be responsible for determining compliance with applicable design standards and specifications.
(Acts 1985, 1st Ex. Sess., No. 85-123, p. 169, §12; Acts 1986, No. 86-426, p. 775, §11.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8A - Cost-Share Grants for Soil and Water Conservation. › Section 9-8A-12 - Reporting and Accounting by Soil and Water Conservation Districts.

Section 9-8A-12
Reporting and accounting by soil and water conservation districts.
Since appropriations made by the Legislature to the commission are anticipated to be made to the commission with respect to each fiscal year, each soil and water conservation district committee will maintain separate control ledgers and prepare separate reports of work accomplished with allocated funds for each fiscal year. The district supervisor will submit a monthly report to the State Soil and Water Conservation Committee indicating the unobligated balance of allocated funds as shown on each ledger at the close of the last day of each month. Quarterly compilation of the reports shall be submitted by the state to the commission. The districts will also submit through the state committee an annual progress report to the commission. These reports will reflect accomplishments "to date" by program year funds. Annual reports shall be submitted to the commission on or before November 4 each year.
Each district will, based on estimated cost, maintain a record of allocated funds obligated for approved applications.
(Acts 1985, 1st Ex. Sess., No. 85-123, p. 169, §14; Acts 1986, No. 86-426, p. 775, §13.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8A - Cost-Share Grants for Soil and Water Conservation. › Section 9-8A-13 - Exemption of Commission From Taxation.

Section 9-8A-13
Exemption of commission from taxation.
The property and income of the commission, conveyances by or to the commission, and leases, mortgages and deeds of trust or trust indentures by or to the commission shall be exempt from all taxation in the state. The commission shall be exempt from all taxes levied by any county, municipality or other political subdivision of the state, including, but without limitation license and excise taxes imposed in respect of the privilege of engaging in any of the activities in which the commission may engage. Nothing in this section shall be construed to exempt any private person, firm or corporation from payment of any ad valorem, mortgage or deed taxes or recording fees notwithstanding the fact that the commission shall have acquired an interest in the property or instrument subject to such taxes or fees.
(Acts 1985, 1st Ex. Sess., No. 85-123, p. 169, §15; Acts 1986, No. 86-426, p. 775, §14.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8A - Cost-Share Grants for Soil and Water Conservation. › Section 9-8A-14 - Exemption of Cost-Share Grants From Taxation.

Section 9-8A-14
Exemption of cost-share grants from taxation.
The gross income for Alabama income tax purposes of an eligible person receiving a cost-share grant from the commission pursuant to this chapter shall not include the amount of such cost-share grant. The commission shall take such steps as may be necessary to qualify the cost-share grant program provided herein with the United States Secretary of the Treasury and the United States Secretary of Agriculture as a program qualifying under Section 126(a)(10) of the Internal Revenue Code of 1954, as amended.
(Acts 1985, 1st Ex. Sess., No. 85-123, p. 169, §16; Acts 1986, No. 86-426, p. 775, §15.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8A - Cost-Share Grants for Soil and Water Conservation. › Section 9-8A-15 - Independence of Commission; Incorporation and Exercise of Powers; Alabama Administrative Procedure Act Inapplicable.

Section 9-8A-15
Independence of commission; incorporation and exercise of powers; Alabama Administrative Procedure Act inapplicable.
This chapter is intended to aid the state through the furtherance of the purposes of the chapter by providing an appropriate and independent instrumentality of the state with full and adequate powers to fulfill its functions. Except as expressly provided in this chapter, no proceeding, notice or approval shall be required for the incorporation of the commission, or the exercise of any of its powers by the commission. The provisions of the Alabama Administrative Procedure Act shall not be applicable to the commission or to the promulgation of its rules and regulations.
(Acts 1985, 1st Ex. Sess., No. 85-123, p. 169, §17; Acts 1986, No. 86-426, p. 775, §16.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8A - Cost-Share Grants for Soil and Water Conservation. › Section 9-8A-16 - Use of Earnings of Commission.

Section 9-8A-16
Use of earnings of commission.
The commission shall be a political subdivision of the state and no part of its net earnings remaining after payment of its expenses shall inure to the benefit of any individual, firm or corporation, except through the cost-share grants herein provided for.
(Acts 1985, 1st Ex. Sess., No. 85-123, p. 169, §18; Acts 1986, No. 86-426, p. 775, §17.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › 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 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 in which the notice is published. If there is no newspaper published in the county in which the lands included within a water management district are situated, then such publication shall be made in a newspaper published in an adjoining county. It shall not be necessary for a notice to name the parties interested, and said notice shall have all the force and effect of a summons served personally on those owning lands within the district.
(2) COURT. Unless some other court is specifically designated, such term shall be construed to mean court of probate.
(3) BOARD OF WATER MANAGEMENT COMMISSIONERS or BOARD OF COMMISSIONERS. The board of water management commissioners.
(4) VIEWERS. The board of viewers.
(5) PERSON. Any individual, partnership, stock company or corporation.
(6) DISTRICT. Water management district.
(7) SWAMP and OVERFLOWED LANDS. Such terms shall not be construed to apply alone to the present classification of lands under the laws of this state, but shall extend to and include all lands that need drainage or protection from overflow, regardless of former classification.
(8) LANDOWNER. Any property owner who owns partial or full interest in lands in the benefited area or any property owner who owns partial or full interest in over 10 acres of land outside the benefited area within the district.
(Acts 1965, No. 685, p. 1246, §51.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-3 - Declaration of Benefits of Drainage, etc.; Duty of Soil and Water Conservation Committee.

Section 9-9-3
Declaration of benefits of drainage, etc.; duty of Soil and Water Conservation Committee.
The establishing of proper works of improvement for the drainage of wet, swamp and overflowed lands of the state and for flood prevention or the conservation, development, utilization and disposal of water within the state is declared to promote the public health, to aid agriculture and to be in the interest of the public welfare and convenience. The State Soil and Water Conservation Committee is hereby charged with the duty of cooperating with persons desiring to form water management districts and of aiding and advising in such development.
(Acts 1965, No. 685, p. 1246, §2.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-4 - Who May Sign Petitions.

Section 9-9-4
Who may sign petitions.
All petitions provided for under this article may be signed by women, whether married or single, provided they own land in the proposed district; guardians may sign for their wards, and trustees, executors and administrators may sign for the estates represented by them; and, if the signature of any corporation is attested by its corporate seal, the same shall be sufficient evidence of the assent of the corporation.
(Acts 1965, No. 685, p. 1246, §50.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-5 - Establishment of District - Jurisdiction Generally; Purposes.

Section 9-9-5
Establishment of district - Jurisdiction generally; purposes.
(a) The court of probate of any county of the State of Alabama shall have jurisdiction, power and authority to establish water management districts, as provided in this article for the following purposes:
(1) To locate and establish levees, drains or canals and to cause to be constructed, straightened, widened or deepened any ditch, drain or watercourse;
(2) To construct for the purposes of flood prevention or the conservation, development, utilization or disposal of water works of improvement, including levees, embankments, floodwater retarding structures, water storage structures, outlets and tide gates, flood gates and pumping plants for preventing floods, providing drainage, reducing sediment and reclaiming wet, swamp or overflowed lands and other related works of improvement that will carry out the purposes of this article; and
(3) To provide maintenance for such installations.
(b) It is hereby declared that the drainage of surface water and the reclamation of wetlands, swamplands, overflowed lands and tidal marshes and flood prevention and the conservation, development, utilization and disposal of water shall be considered a public benefit and conducive to the public health, safety, convenience, utility and welfare.
(Acts 1965, No. 685, p. 1246, §3.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-6 - Establishment of District - Maintenance of Record of Proceedings in Probate Court; District Record Book.

Section 9-9-6
Establishment of district - Maintenance of record of proceedings in probate court; district record book.
The court of probate shall keep a complete record of all its proceedings under this article in a book to be used for the purpose only. The book shall be designated as the "Water Management District Record of _____ County, Alabama" and shall also have recorded therein all bond orders, papers, proofs of publications and auditors' and water management commissioner's (hereinafter referred to as water management commissioners) reports, bonds and plats filed in any district proceedings in the probate court of that county, except the district tax record and the district tax books.
(Acts 1965, No. 685, p. 1246, §4.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-8 - Establishment of District - Jurisdiction of Probate Court in Which Petition Filed.

Section 9-9-8
Establishment of district - Jurisdiction of probate court in which petition filed.
The court of probate of the county in which said petition is filed shall thereafter maintain and have original and exclusive jurisdiction coextensive with the boundaries and limits of said district without regard to county lines for all purposes of this article; subject, however, to the right of appeal to the circuit court of the county in which the petition is filed.
(Acts 1965, No. 685, p. 1246, §7.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-9 - Establishment of District - Notice of Filing of Petition and of Hearing.

Section 9-9-9
Establishment of district - Notice of filing of petition and of hearing.
Immediately upon the filing of the report of the engineer or other plans submitted by petitioner, it shall be the duty of the court of probate to forthwith give notice thereof by personal service or by causing publication to be made as hereinafter defined; and, in the event notice is given by publication, the following form shall suffice:
"Notice of Petition for the Organization of a Water Management District. Notice is hereby given to all persons interested in the following described lands in _____ County, State of Alabama (here describe the lands as set out in the preliminary survey or other plans on file with this court) that a petition has been filed with this court signed by a majority of the persons owning at least one third of the land or by at least one third of the persons owning more than one half of the aforementioned land, asking that the aforementioned and described lands be organized into a water management district under the provisions of the Alabama Water Management Law and that some of the lands above described will be affected by the formation of said district and may be rendered liable to taxation for the purpose of procuring land rights constructing, operating and maintaining the works of improvements that may be found necessary in said district, and you and each of you are hereby notified to appear at a term of the court of probate to be held on the _____ day of _____, 2__, at __ o'clock in _____ County, and to show cause, if any there be, why the aforementioned and described lands should not be organized as a water management district _____ Probate Judge of _____ County."
A copy of such notice shall be mailed to the commissioners by the probate judge.
(Acts 1965, No. 685, p. 1246, §6.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › 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.
(Acts 1965, No. 685, p. 1246, §8.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › 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 the district may, within 20 days after the refusal of the court of probate to include said property in the district, appeal from the order of the court to the circuit court upon giving bond in a sum to be fixed by the court, conditioned for the payment of costs if the appeal should be decided against said appellant. Any person owning lands within the district that, in his opinion, should not be included in the district may, within 20 days, appeal from the decision of the court to the circuit court by filing an appeal accompanied by a bond approved by the court, conditioned for the payment of the cost if the appeal should be decided against him.
(Acts 1965, No. 685, p. 1246, §13.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › 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 such district to be used for the purpose of defraying the expenses incurred in establishing said district or to be incurred in organizing said district, making surveys of the same and assessing benefits and damages and to pay other expenses necessary to be incurred before the board of commissioners provided for in this article shall be empowered by the subsequent provisions of this article to provide funds to pay the total cost in connection with the works of improvement of the district. In case the boundaries of the district shall be extended under subsequent sections of this article so as to include land and other property not contained within the district as organized by order of the court of probate in the first instance, the same uniform tax shall be made on such lands as soon as the same shall have been annexed and included in the district. Such tax shall be due and payable as soon as levied and, if not paid by December 31 of the year in which it is levied shall become delinquent and shall be turned over to the tax collector of the county in which the lands are located for collection, and the collection of such taxes shall be proceeded with in the same manner as delinquent general state and county taxes. This tax shall be a lien, equal in dignity with the lien for general state and county taxes on the land against which it is levied from the time the levy is made. In case the sum raised from such levy exceeds the total cost of items for which the same has been levied, the surplus shall be placed in the general funds of the district and used to pay the cost of construction, rights-of-way and operations and maintenance of works of improvements.
(Acts 1965, No. 685, p. 1246, §10; Acts 1969, No. 442, p. 883, §10.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › 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 this or other states and with drainage, conservation or other improvement districts in this or other states for cooperating or assisting in constructing, maintaining, using or operating the works of the district or for making surveys and investigations or reports thereon and may purchase, lease or acquire land or other property in adjoining states in order to secure outlets or for other purposes of this article, and may let contracts for securing such outlets or other works in adjoining states as may be necessary to carry out the provisions of this article.
The board shall have the authority to borrow funds from governmental agencies or other lending institutions in lieu of or as a supplement to issuing bonds. Such loan shall not exceed 40 years.
(Acts 1965, No. 685, p. 1246, §48.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › 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 same in accordance with the provisions of this article. The secretary shall also be eligible for the office of treasurer. The said treasurer shall be required before entering upon the discharge of his duties to give bond in such manner as shall be fixed by the board of water management commissioners, payable to the water management district conditioned that he will well and truly account for and pay out as provided by law all moneys received by him from whatever source, which bond shall be signed by at least two sureties approved and accepted by said board of water management commissioners. Said treasurer shall keep all funds received by him from any source whatever deposited at all times in some banking institution to be designated by the board of water management commissioners; provided, that if it shall be deemed more expedient to the board of water management commissioners as to money derived from the sale of bonds issued, said board may by resolution select some suitable bank or banks or other depository as temporary treasurer or treasurers to hold and disburse said moneys on the orders of the board of water management commissioners as the work progresses until such fund is exhausted or transferred to the district treasurer by order of the said board of water management commissioners.
(Acts 1965, No. 685, p. 1246, §54.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › 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 the general management of the affairs of the district as may be determined, the board of water management commissioners shall have authority to appoint a fiscal agent and to define the duties and fix the compensation of said fiscal agent.
(Acts 1965, No. 685, p. 1246, §55.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › 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 court of probate having jurisdiction thereof the auditor's report showing the receipts and disbursements of the district for the preceding calendar year ending June 30 as well as its statement of the character of the work accomplished during such year and a general statement of the plans and purposes of the board of water management commissioners for the succeeding year. The commissioners shall give notice by publication as provided in this article that the auditor's report and the annual report of the board of water management commissioners is on file with the court and that the board of water management commissioners will hold its annual meeting in the office of the court of probate on the second Monday in September to consider any business which may come before the board in behalf of the district or any questions which any landowner may desire to present to the board of water management commissioners.
(Acts 1965, No. 685, p. 1246, §49.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › 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 of water management commissioners. Any attorney, engineer or assistant engineer or assistants employed under the provisions of this article shall receive such compensation for his or their services as shall be fixed and determined upon by the court of probate, together with reimbursement for all necessary expenses, until the board of water management commissioners is appointed, which shall then assume jurisdiction of these matters. The compensation of the treasurer of the district and of all other assistants and employees shall be determined by the board of water management commissioners. Such expenses shall be paid by order of the board of water management commissioners out of the fund provided for that purpose, and the board of water management commissioners shall issue warrants therefor in payment thereof.
(Acts 1965, No. 685, p. 1246, §52.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › 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.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › 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 property or rights owned or controlled by railroads or utilities, both public and private. The right of condemnation hereby conferred shall be exercised by application to the court of probate of the county in which the lands over which such right-of-way or outlet is desired or a material portion thereof are situated, and the same proceedings shall be had as in cases of condemnation of lands under the right of eminent domain, and such damages as may be awarded as compensation shall be paid by the board of water management commissioners out of the first funds which shall be available from the proceeds of the sale of bonds or otherwise.
(Acts 1965, No. 685, p. 1246, §14.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › 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 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.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › 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 company or its lessee or receiver, such notice fixing the time of such meeting, which shall be not less than 10 days after the service of the same, that the board of water management commissioners will meet the company at the place where the proposed works of improvement will cross the right-of-way of such company for the purpose of conferring with said railroad company with relation to the place and the manner in which said improvement shall cross such right-of-way. It shall be the duty of the board of water management commissioners and the railroad company to agree, if possible, upon the place where and the manner and method in which such improvement shall cross such right-of-way. If the board of water management commissioners and the railroad company cannot agree or if the railroad company shall fail, neglect or refuse to confer with the board of water management commissioners, said board of water management commissioners shall determine the place and manner of crossing the right-of-way of said railroad company and shall specify the number and sizes of openings required and so specify in the plan of water management, and it shall further specify that it could not agree with the railroad company or that the latter failed, neglected or refused to confer with said board.
(Acts 1965, No. 685, p. 1246, §17.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › 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 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 1965, No. 685, p. 1246, §18.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › 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 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 consisting of three viewers who shall be disinterested owners of realty in the county or counties involved. A majority of said viewers shall constitute a quorum and shall control the actions of the board of viewers on all questions.
(Acts 1965, No. 685, p. 1246, §19.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-28 - Notice of Hearing on Report of Board of Viewers.

Section 9-9-28
Notice of hearing on report of board of viewers.
When the report of the board of viewers is fully completed in accordance with the provisions of this article and filed, the court of probate shall forthwith set a date for hearing said report, not less than 30 days thereafter, and shall give notice thereof by causing publication to be made as hereinafter defined, and the following form shall suffice:
"Notice of Filing of Viewers' Report and Hearing Thereon for _______ Water Management District. Notice is hereby given to all persons interested in the following described land and property in _____ County (or Counties), Alabama; (here describe land and property) included within and without _____ water management district, that the board of viewers heretofore appointed to assess benefits and damages to the property and lands situated within and without said water management districts and to appraise the cash value of the land necessary to be taken for rights-of-way for the works of improvement of said district within or without the limits of said district filed its report in this office on the _____ day of _____, 2__ and is hereby notified that you may examine said report and on or before the said day of hearing file exceptions to all or any part thereof as provided by law.
________________
Probate Judge,
of _________ County, Alabama."
(Acts 1965, No. 685, p. 1246, §21.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-30 - Appeal From Confirmation of Board of Viewers' Report.

Section 9-9-30
Appeal from confirmation of board of viewers' report.
Any person aggrieved may within 10 days after the confirmation of the board of viewers' report appeal from the judgment of the court of probate to the circuit court, and upon such an appeal there may be determined either or both of the following: first, whether just compensation has been allowed for property appropriated and second, whether proper damages have been allowed for property prejudicially affected by the improvements. Such appeal shall be taken and prosecuted as now provided by law, which appeal shall be based and heard only upon the exceptions heretofore filed by the complaining party, either as to issue of law or fact, and no additional exceptions shall be considered by the court upon the hearing of the appeal; provided, that nothing in this section shall be construed to authorize any appellant to stay the proceedings of the district or to prevent progress in the work of construction of any work or improvement; but said district may proceed with said work, and any subsequent proceedings in the circuit court shall affect only the rights and interests of the appellant in property located in such district.
(Acts 1965, No. 685, p. 1246, §23.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-33 - Collection of Taxes on Property Divided, Sold or Transferred.

Section 9-9-33
Collection of taxes on property divided, sold or transferred.
When any property in a water management district has been divided, sold or transferred, the tax collector may receive taxes levied under this article on a part of any tract, piece or parcel of land or other property and give his receipt accordingly only when the deed or transfer of said property shows the agreed division of said taxes and the approval of the board of water management commissioners of the district.
(Acts 1965, No. 685, p. 1246, §26.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-34 - Compensation of Tax Collector; Failure of Collector to Make Prompt Payment of Tax to Treasurer.

Section 9-9-34
Compensation of tax collector; failure of collector to make prompt payment of tax to treasurer.
The tax collector of each county shall retain for his services as collector of taxes for the water management district one half of one percent of the amount he collects of delinquent taxes, penalties and costs. If any tax collector or sheriff shall refuse, fail or neglect to promptly make full payment of the tax, or any part thereof, collected under this article, he shall pay to the treasurer of the district a penalty of 10 percent on account of his delinquency. Said penalty shall at once become due and payable, and both he and his surety shall be liable to the district therefor.
(Acts 1965, No. 685, p. 1246, §27.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-35 - Payment of Tax to District Treasurer - Required; Records.

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 also make or cause to be made the same entry opposite each tract for which payment is made upon the water management tax record filed with the court of probate of the county in which the property is located; provided, that such payment shall not operate as a release of the lands or other property on which the full amount of taxes has been paid from liability to pay additional taxes upon said lands and other property as provided in this article.
(Acts 1965, No. 685, p. 1246, §28.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-36 - Payment of Tax to District Treasurer - Failure Deemed Consent to Issuance of Bonds and Waiver of Defenses.

Section 9-9-36
Payment of tax to district treasurer - Failure deemed consent to issuance of bonds and waiver of defenses.
Each and every person owning land in the district who shall fail to pay to the district treasurer the full amount for which his land is liable, as aforesaid, within the time above specified shall be deemed as consenting to the issuance of water management bonds; and, in consideration of the right to pay his proportion in installments, he thereby waives his right of defense to the payment of any tax which may be levied for the payment of bonds because of any irregularity, illegality or defect in the prior proceedings except in case of an appeal as provided in this article, which is not affected by this waiver.
(Acts 1965, No. 685, p. 1246, §29.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-37 - Bonds - Issuance.

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 commissioners, attested with the seal of said district and by the signature of the secretary thereof, and the interest coupons attached to said bonds may be executed with the facsimile signature of the secretary of said district. It shall, however, be unnecessary to affix the seal of the district to the interest coupons. Bonds issued under this section shall have all the qualities of negotiable paper within the meaning of the law merchant. Said bonds may be prepared at the expense of the district and executed from time to time or at one time and when delivered for value shall be held to the obligations of the district, although executed by officials other than those in office at the time of the delivery for value, provided the officials signing them were in office at the time they signed the bonds. The secretary of the board of water management commissioners shall file in the court of probate in which the water management district was organized a certified copy of the order of the board of water management commissioners authorizing and describing any bonds issued under this section, and the said order shall be recorded in the water management record of said county. This order shall set forth the amount, date, denomination, maturing and number of the bonds to be issued as well as the bond form including the place of payment. Before any of said bonds are delivered for value, the judge of the court of probate shall certify on each bond that a copy of the order authorizing same has been duly recorded in the water management record of said county. It shall be sufficient to say: "This is to certify that a copy of the order of the Board of Water Management Commissioners of _____ Water Management District of _____ County, Alabama, authorizing this bond has been duly recorded in the Water Management Record of _____ County, Alabama _____ Judge of the Court of Probate, _____ County, Alabama."
(Acts 1965, No. 685, p. 1246, §30.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-38 - Bonds - Sale; Disposition of Proceeds, Etc.

Section 9-9-38
Bonds - Sale; disposition of proceeds, etc.
The board of water management commissioners may sell the bonds for cash at not less than 95 percent of the par value plus accrued interest and devote the proceeds to the payment of the work as it progresses and to the payment of other expenses of the district provided for in this article and for no other purpose or purposes. The funds of the district derived from the sale of bonds, collection of taxes or any other source shall be placed in any such depositories as may be designated by the board of water management commissioners, and the depositories shall pay into the treasury of the district such rate of interest as may be mutually agreed upon between the depository and the board of water management commissioners; provided, that the rate of interest shall not be less than two percent per annum and that the funds shall be subject to withdrawal at any time by the commissioners for the payment of the obligations of the district.
(Acts 1965, No. 685, p. 1246, §31.)