reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10 - Water Conservation and Irrigation. › Article 1 - Water Conservation and Irrigation Agency. › Section 9-10-2 - County Resolutions Declaring Need for Incorporation of State Water Conservation and Irrigation Agency, etc.; Membership of Corporation; Composition of Board of Directors; Qualifications, Election and Terms of Office of Board Members.

Section 9-10-2
County resolutions declaring need for incorporation of State Water Conservation and Irrigation Agency, etc.; membership of corporation; composition of board of directors; qualifications, election and terms of office of board members.
The organization and establishment of the agency shall be as follows:
(1) The county commission of any county or counties lying within the State of Alabama which may elect to come within the provisions of this article shall indicate its desire to participate therein by the adoption of an appropriate resolution declaring the need for the incorporation of a water conservation and irrigation agency, stating its intention to give financial assistance to projects of such agency and stating its desire to become a part thereof.
(2) Membership of the corporation shall consist of title holders to the land irrigated or proposed to be irrigated within the boundaries of the irrigation district or districts to be established, and such member water users shall elect by majority vote a board of directors to be composed of nine members. Members of the board of directors shall be selected from persons residing in and holding title to lands located within the irrigation district or districts or areas proposed for irrigation and who are persons active in municipal, industrial, agricultural, commercial or citizen organizations engaged in promoting comprehensive and unified development of the resources of the State of Alabama as a basis for its general economic growth. Three such members shall be elected for terms of two years, three for terms of four years and three for terms of six years. Thereafter all members shall be elected for terms of six years, but in all events such members shall continue in office until their successors are elected and qualified. Vacancies occurring on the board shall be filled in the same manner as the original appointments. Board members shall be eligible to succeed themselves.
(Acts 1965, No. 827, p. 1549, §2.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10 - Water Conservation and Irrigation. › Article 1 - Water Conservation and Irrigation Agency. › Section 9-10-3 - Procedure for Incorporation.

Section 9-10-3
Procedure for incorporation.
To become a corporation, members of the board of directors of the agency shall present to the Secretary of State an application signed by them which shall state:
(1) The name, official designation and official residence of each of the applicants together with a certified copy of the resolution, order or commission evidencing his right to office;
(2) The term of office of each of the applicants;
(3) The name of the proposed corporation;
(4) The location of the principal office of the proposed corporation; and
(5) Any other matter relating to the incorporation which the applicants may choose to insert and which is not inconsistent with this article or the laws of the State of Alabama.
The application shall be subscribed and sworn to by each of the applicants before an officer authorized by the laws of this state to take acknowledgments to deeds. If the Secretary of State, upon examination of the application presented to him, finds that it substantially complies with the requirements of this section, he shall receive and file said application and record it in an appropriate book of records in his office. When the application has been made, filed and recorded as provided in this section, the applicants shall constitute a corporation under the name proposed in the application, and the Secretary of State shall make and issue to the applicants a certificate of incorporation pursuant to this article and shall record the certificate with the application. There shall be no fees paid to the Secretary of State for any work done in connection with the incorporation provided for in this section.
(Acts 1965, No. 827, p. 1549, §3.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10 - Water Conservation and Irrigation. › Article 1 - Water Conservation and Irrigation Agency. › Section 9-10-4 - Election of Officers; Board Meetings; Records and Copies of Board Proceedings; Exercise of Corporate Powers; Compensation of Board Members.

Section 9-10-4
Election of officers; board meetings; records and copies of board proceedings; exercise of corporate powers; compensation of board members.
Upon completion of the membership of the board of directors and incorporation as provided in this article, the board members shall meet in an organizational session at the place of its main office and elect a chairman, vice-chairman, a secretary and a treasurer, but the office of secretary and treasurer may be held by the same person. The board shall set a regular time and place for its meetings, and a majority of its members shall constitute a quorum for the transaction of its business. All proceedings of the board shall be reduced to writing by the secretary of the corporation and recorded in a well-bound book. Copies of such proceedings, when certified by the secretary of the corporation, shall be received in all courts as evidence of the matters and things therein certified. All powers of the corporation shall be exercised by the board of directors or pursuant to its authority, and no county commission shall have any power or authority over the board of directors.
Members of the board shall serve without compensation except reimbursement for actual traveling expenses and other necessary expenses incurred in their official duties, such expenses to be reimbursed from such funds as may be made available to the agency.
(Acts 1965, No. 827, p. 1549, §4.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10 - Water Conservation and Irrigation. › Article 1 - Water Conservation and Irrigation Agency. › Section 9-10-7 - Contracts for Construction Work and Purchases of Materials.

Section 9-10-7
Contracts for construction work and purchases of materials.
All contracts for construction work and purchases of materials shall be awarded on the basis of competitive bids. Before construction is started on any project, the corporation shall advertise for sealed bids once each week for three consecutive weeks in a newspaper of general circulation in the county in which the project or undertaking is to be located and in such other publications as it may deem advisable. Such notices shall state that plans and specifications for the project are on file in the office of the corporation and the time and place for receiving and opening bids. All bids shall be opened publicly at the advertised time and place.
The contract shall be awarded to the lowest responsible bidder complying with the conditions of the invitations for bids unless the bid is found by the corporation to be unreasonable or it is found not to the best interests of the corporation to accept it. The bidder to whom the award is made shall be notified by telegram or letter at the earliest possible date. Should the successful bidder fail or refuse to sign the contract or make bond, the corporation may award the contract to the second lowest responsible bidder; and, upon the failure or refusal of the second lowest bidder to sign the contract or make bond, the corporation may award the contract to the third lowest responsible bidder.
If no bids are received at the time stated in the advertisement for bids or if the corporation finds that bids received are unreasonable and not to its best interest, the corporation may advertise for and seek other competitive bids, or it may direct that the work shall be done by negotiated contract under its direction and control. On any construction project done by negotiated contract, the corporation shall file plans and specifications and an itemized estimate of cost with the Department of Examiners of Public Accounts. Upon completion of the project by the corporation, the final total cost together with an itemized list of cost of any and all changes made in the original plans shall be submitted to the Department of Examiners of Public Accounts for its permanent record. This section shall not apply to routine maintenance or repair jobs done by maintenance men in the regular employ of the corporation.
(Acts 1965, No. 827, p. 1549, §8.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10 - Water Conservation and Irrigation. › Article 1 - Water Conservation and Irrigation Agency. › Section 9-10-8 - Bonds.

Section 9-10-8
Bonds.
The corporation is hereby authorized to provide by resolution for issuance of its bonds from time to time in an amount not to exceed $____ for any of its corporate purposes, including the refunding of its bonds. Such bonds may be used for paying in whole or in part the cost of the acquisition of necessary land or interests therein and the development of the resources of the area for purposes of irrigation and water conservation and expenses incidental thereto. It may secure such bonds by a pledge of all or any of the revenues which may now or hereafter come to the agency from any source, by a mortgage or deed of trust of the agency's land or any part thereof or by a combination of the two, and it may make such contracts in the issuance of its bonds as may seem necessary or desirable to assure their marketability.
No bond or other obligation of the corporation shall be deemed to be the obligation of or claim against the state or any county or municipality therein.
(Acts 1965, No. 827, p. 1549, §9.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10 - Water Conservation and Irrigation. › Article 1 - Water Conservation and Irrigation Agency. › Section 9-10-9 - Counties and Municipalities Empowered to Contribute Money to Work of Agency and to Levy and Collect Ad Valorem Taxes for Such Purposes.

Section 9-10-9
Counties and municipalities empowered to contribute money to work of agency and to levy and collect ad valorem taxes for such purposes.
The counties and municipalities located within the boundaries of the irrigation district or districts to be established by the provisions of this article are hereby authorized and empowered to contribute to the work of the agency any amount or amounts of money that their respective governing bodies, acting in their sole discretion, shall approve to be paid from the general fund of the respective counties or municipalities. Governing bodies of such counties or municipalities are hereby empowered to levy and collect ad valorem taxes within constitutional limits for such purposes, which are hereby declared to be for municipal and county public purposes.
(Acts 1965, No. 827, p. 1549, §10.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10 - Water Conservation and Irrigation. › Article 1 - Water Conservation and Irrigation Agency. › Section 9-10-10 - Annual Reports.

Section 9-10-10
Annual reports.
The board of directors of the agency shall report annually to the Governor of the State of Alabama and shall likewise report annually to the Examiner of Public Accounts, to the Commissioner of Conservation and Natural Resources and to the governing bodies of the counties and of the incorporated municipalities located within the established boundaries of the irrigation district or districts coming within the provisions of this article.
(Acts 1965, No. 827, p. 1549, §11.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10 - Water Conservation and Irrigation. › Article 1 - Water Conservation and Irrigation Agency. › Section 9-10-11 - Cooperation and Assistance of Other State Agencies.

Section 9-10-11
Cooperation and assistance of other state agencies.
All agencies of the State of Alabama are hereby authorized and directed to extend their cooperation and to lend assistance to the agency in the formulation and implementation of a development program for irrigation and water conservation.
(Acts 1965, No. 827, p. 1549, §12.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10 - Water Conservation and Irrigation. › Article 1 - Water Conservation and Irrigation Agency. › Section 9-10-12 - Officers of Corporation Not to Be Interested in Contracts, etc.; Penalty.

Section 9-10-12
Officers of corporation not to be interested in contracts, etc.; penalty.
No officer of the corporation shall have any interest, directly or indirectly, in any contract awarded or to be awarded or in the profit to be derived therefrom. Any violation of this section shall constitute a misdemeanor and, upon conviction, shall work a forfeiture of office and shall be punishable by a fine not exceeding $500.00 or by imprisonment in the county jail not exceeding six months or by both fine and imprisonment.
(Acts 1965, No. 827, p. 1549, §13.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10 - Water Conservation and Irrigation. › Article 1 - Water Conservation and Irrigation Agency. › Section 9-10-13 - Construction of Terms Where Another State Agency Charged With Responsibility of Department of Conservation and Natural Resources.

Section 9-10-13
Construction of terms where another state agency charged with responsibility of Department of Conservation and Natural Resources.
In the event that a state agency other than the state Department of Conservation and Natural Resources may hereafter be charged with such responsibility as is in this article charged to the state Department of Conservation and Natural Resources, the term "Commissioner of Conservation and Natural Resources" wherever used in this article shall be construed to mean the executive head of the state agency so charged.
(Acts 1965, No. 827, p. 1549, §7.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10 - Water Conservation and Irrigation. › Article 1 - Water Conservation and Irrigation Agency. › Section 9-10-14 - Provisions of Article Supplementary; Construction of Article.

Section 9-10-14
Provisions of article supplementary; construction of article.
This article shall be considered supplemental and additional to Sections 9-10-30 through 9-10-47 and to any and all other laws and confers sufficient authority in and of itself for the purposes set forth herein. It shall be liberally construed to effectuate its purposes of providing for and facilitating the development of an irrigation district or districts within this state.
(Acts 1965, No. 827, p. 1549, §14.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10 - Water Conservation and Irrigation. › Article 2 - Water Conservation and Irrigation Corporations. › Section 9-10-30 - Resolution Declaring Need for Formation of Corporation; Appointment of Incorporators, Etc.

Section 9-10-30
Resolution declaring need for formation of corporation; appointment of incorporators, etc.
The county commission of any county of this state is hereby authorized to declare by the adoption of an appropriate resolution the need for the formation of a county water conservation and irrigation corporation or other such corporation as provided for in this article. Upon the adoption of such resolution the county commission shall appoint five persons, each of whom must be a duly qualified elector and property owner in the county, who shall form the board of directors of such corporation and shall proceed to organize such corporation.
(Acts 1955, No. 539, p. 1186, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10 - Water Conservation and Irrigation. › Article 2 - Water Conservation and Irrigation Corporations. › Section 9-10-31 - Certificate of Incorporation - Contents; Execution.

Section 9-10-31
Certificate of incorporation - Contents; execution.
(a) The certificate of incorporation of the corporation shall state:
(1) The names of the persons forming the corporation together with the residence of each thereof and a statement that each of them is a duly qualified elector of and property owner in the county;
(2) The name of the corporation;
(3) The location of its principal office, which shall be in the county seat of the county; and
(4) Any other matters relating to the corporation which the incorporators may choose to insert and which shall not be inconsistent with this article or with the laws of the state.
The name designated for the corporation in the certificate of incorporation shall be one indicating the purpose thereof, such as "_____ County Water Conservation and Irrigation Corporation" or some other name of similar import.
(b) The certificate of incorporation shall be signed and acknowledged by the incorporators before an officer authorized by the laws of the state to take acknowledgments of deeds, and the certificate of incorporation shall have attached thereto a certified copy of the resolution provided for in Section 9-10-30 and a certificate by the Secretary of State that the name proposed for the corporation is not identical with that of any other corporation in the state or so nearly similar thereto as to lead to confusion and uncertainty.
(Acts 1955, No. 539, p. 1186, §2.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10 - Water Conservation and Irrigation. › Article 2 - Water Conservation and Irrigation Corporations. › Section 9-10-32 - Certificate of Incorporation - Filing.

Section 9-10-32
Certificate of incorporation - Filing.
The certificate of incorporation with the documents attached shall be filed with the judge of probate of the county and the Secretary of State, who shall forthwith receive and record the same. When such certificate is so filed the corporation referred to therein shall come into existence and shall constitute a body corporate and politic, vested with the rights and powers granted in this article.
(Acts 1955, No. 539, p. 1186, §3.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10 - Water Conservation and Irrigation. › Article 2 - Water Conservation and Irrigation Corporations. › Section 9-10-33 - Board of Directors and Officers.

Section 9-10-33
Board of directors and officers.
All powers of the corporation shall be exercised by the board of directors or pursuant to its authority. The directors shall be elected by the county commission for staggered terms of office as follows: two years, three years, four years, five years and six years. Thereafter the term of office of each director shall be six years. If any director resigns or dies or becomes incapable of acting as a director or ceases to reside in the county, the governing body shall elect a successor to serve for the unexpired term. Directors shall be eligible for reelection by the county commission to succeed themselves in office. A majority of the members of the board shall constitute a quorum for the transaction of business. The corporation shall have a president, a vice-president, a secretary and a treasurer, but the office of secretary and treasurer may be held by the same person. All officers shall be elected by the board. The members of the board and the officers shall serve without compensation, except that they may be reimbursed for actual expenses incurred in the performance of their duties. All proceedings of the board shall be reduced to writing by the secretary of the corporation and recorded in a well-bound book. Copies of such proceedings, when certified by the secretary of the corporation under its seal, shall be received in all courts as evidence of the matters and things therein certified.
(Acts 1955, No. 539, p. 1186, §4.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10 - Water Conservation and Irrigation. › Article 2 - Water Conservation and Irrigation Corporations. › Section 9-10-34 - Powers and Duties Generally.

Section 9-10-34
Powers and duties generally.
A corporation organized and established under the provisions of this article shall have the following powers, subject only to the limitations described in Section 9-10-35 following:
(1) To adopt bylaws for the regulation of its affairs and the conduct of its business;
(2) To adopt an official seal and alter the same at pleasure;
(3) To maintain a principal office at the county seat and suboffices at such place or places within the county as it may designate;
(4) To sue and be sued in its own name;
(5) To enter into contracts and agreements or do any act necessary or incidental to the performance of its duties and execution of its powers under this article;
(6) To acquire, hold and dispose of real and personal property or any interests therein;
(7) To provide a water supply by impounding a stream or by development and use of wells by either construction, lease or purchase;
(8) To develop and operate an irrigation project, including the facilities necessary thereto, either by construction, lease or purchase;
(9) To provide for the control of floods by impounding surplus water or by other means to the extent that such work is economically feasible and desirable and not opposed to the need of water for irrigation;
(10) To provide for multiple purpose developments where such are feasible and not in conflict with need of water for irrigation use, including developments for water power and water for municipal and industrial uses;
(11) To establish rates for water and power sold to irrigators, municipalities, industries and other customers and authorize collection therefor, such rates to be determined on the basis of the revenue required to operate and maintain the development and for amortization of bonded indebtedness;
(12) To issue revenue bonds and refunding bonds in accordance with the provisions of this article;
(13) To promulgate such rules and regulations as may be required for the reasonable and efficient conduct of its business;
(14) To enter into agreements and contracts with agencies of the federal government in relation to any project or work undertaken or proposed by the corporation;
(15) To enter into agreements or contracts relating to irrigation with other similar corporations for the development of a common watershed where development for water power is not included; provided, that any such agreements must receive the prior approval of the Commissioner of Conservation and Natural Resources;
(16) To accept gifts from any source whatever; and
(17) To have and exercise the right of eminent domain in the manner provided in Title 18 of this code for the condemnation of private properties for public use.
(Acts 1955, No. 539, p. 1186, §5.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10 - Water Conservation and Irrigation. › Article 2 - Water Conservation and Irrigation Corporations. › Section 9-10-37 - Refunding Bonds.

Section 9-10-37
Refunding bonds.
(a) The corporation may provide by resolution for the issuance of refunding bonds for the purpose of refunding any bonds then outstanding which shall have been issued under the provisions of this article, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption of such bonds and, if deemed advisable by the corporation, for the additional purpose of constructing improvements, extensions or enlargements of the project or projects in connection with which the bonds to be refunded shall have been issued.
(b) The corporation is further authorized to provide by resolution for the issuance of its bonds for the combined purpose of:
(1) Refunding any bonds then outstanding which shall have been issued under the provisions of this article, including the payment of any redemption premium thereof and any interest accrued or to accrue to the date of redemption of such bonds and
(2) Paying all or any part of the cost of any additional project or projects.
(c) The issuance of such bonds, the maturities and other details thereof, the rights of the holders thereof and the rights, duties and obligations of the corporation in respect to the same shall be governed by the provisions of this article insofar as the same may be applicable.
(Acts 1955, No. 539, p. 1186, §9.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10 - Water Conservation and Irrigation. › Article 2 - Water Conservation and Irrigation Corporations. › Section 9-10-39 - Investment in Bonds by State, Banks, Insurance Companies, etc.; Deposit of Bonds, etc., With State or Municipal Officers or Agencies.

Section 9-10-39
Investment in bonds by state, banks, insurance companies, etc.; deposit of bonds, etc., with state or municipal officers or agencies.
Bonds issued by the corporation under the provisions of this article are hereby made securities in which the state and all political subdivisions of this state, their officers, boards, commissions, departments or other agencies, all banks, bankers, savings banks, trust companies, savings and loan associations, investment companies and other persons carrying on a banking business, all insurance companies, insurance associations, and other persons carrying on an insurance business and all administrators, executors, guardians, trustees and other fiduciaries and all other persons whatsoever who now are or may hereafter be authorized to invest in bonds or other obligations of the state may properly and legally invest any funds including capital belonging to them or within their control.
The bonds or other securities or obligations are hereby made securities which properly and legally may be deposited with and received by any state or municipal officer or agency of the state for any purpose for which the deposit of bonds or other obligations of the state is now or hereafter may be authorized by law.
(Acts 1955, No. 539, p. 1186, §11.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10 - Water Conservation and Irrigation. › Article 2 - Water Conservation and Irrigation Corporations. › Section 9-10-40 - Bonds, etc., Not Obligations of State or Counties.

Section 9-10-40
Bonds, etc., not obligations of state or counties.
No bond or other obligation of such a corporation shall be deemed to be the obligation of or a claim against the state or a county thereof.
(Acts 1955, No. 539, p. 1186, §12.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10 - Water Conservation and Irrigation. › Article 2 - Water Conservation and Irrigation Corporations. › Section 9-10-41 - Bonds, etc., Exempt From Taxation.

Section 9-10-41
Bonds, etc., exempt from taxation.
The exercise of the powers granted by this article will be in all respects for the benefit of the people of the state for the purpose of conserving natural resources, for the increase of commerce and prosperity and for the improvement of health and living conditions. Since the operation and maintenance of projects authorized by this article will constitute the performance of essential functions, the bonds authorized by this chapter and the income therefrom and all mortgages executed as security therefor shall be exempt from all taxation in the State of Alabama.
(Acts 1955, No. 539, p. 1186, §18.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10 - Water Conservation and Irrigation. › Article 2 - Water Conservation and Irrigation Corporations. › Section 9-10-42 - Leases, Conveyances, etc., of Real Property by Counties, Cities, Public Departments, Etc.

Section 9-10-42
Leases, conveyances, etc., of real property by counties, cities, public departments, etc.
All counties, cities, towns and other political subdivisions and all public departments, agencies and commissions of the State of Alabama, notwithstanding any contrary provision of law, are hereby authorized and empowered to lease, lend, grant or convey to the corporation at its request, upon such terms and conditions as the proper authorities of such counties, cities, towns, political subdivisions and departments, agencies or commissions of the state may deem reasonable and fair and without the necessity for any advertisement, order of court or other action or formality other than the regular and formal action of the authorities concerned, any real property which may be necessary or convenient to the effectuation of the authorized purposes of the corporation, which real property may include public roads and other real property already devoted to public use.
(Acts 1955, No. 539, p. 1186, §13.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10 - Water Conservation and Irrigation. › Article 2 - Water Conservation and Irrigation Corporations. › Section 9-10-43 - Contracts for Construction Work.

Section 9-10-43
Contracts for construction work.
Before construction is started on any project, the corporation shall advertise for sealed bids once each week for three consecutive weeks in a newspaper of general circulation in the county in which the project or undertaking is to be located. The corporation may also advertise in such other publications as it may deem advisable. Such notices shall state that plans and specifications for the project are on file in the office of the corporation and the time and place in which bids will be received and opened. All bids shall be opened publicly at the advertised time and place.
The contract shall be awarded to the lowest responsible bidder complying with the conditions of the invitations for bids, unless the corporation finds that his bid is unreasonable or that it is not to the interest of the corporation to accept it. The bidder to whom the award is made shall be notified by telegram or letter at the earliest possible date. Should the successful bidder fail or refuse to sign the contract or make bond, the corporation may award the contract to the second lowest responsible bidder. Should the second lowest bidder fail or refuse to sign the contract or make bond, the authority may award the contract to the third lowest responsible bidder.
Should no bids be received at the time stated in the advertisement for bids, the corporation may advertise for and seek other competitive bids or the corporation may direct that the work shall be done by negotiated contracts under its direction and control. If the corporation finds that all bids received are unreasonable and that it is not to the interest of the corporation to accept any of the bids, the corporation may direct that the work shall be done by negotiated contracts under its direction and control. On any construction project which the corporation has determined to do by negotiated contract, the corporation shall file plans and specifications and an itemized estimate of cost with the Department of Examiners of Public Accounts; and, upon completion of the project by the corporation, the final total cost together with an itemized list of cost of any and all changes made in the original plans and specifications shall be submitted to the Department of Examiners of Public Accounts for its permanent record. Upon approval of the corporation, its duly authorized officer or officers may, when proceeding on the basis of negotiated contracts, let any subdivision or unit of work by contract on receiving sealed bids in accordance with this section. This section shall not apply to routine maintenance or repair jobs done by maintenance men who are regular employees of the corporation.
(Acts 1955, No. 539, p. 1186, §14.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10 - Water Conservation and Irrigation. › Article 2 - Water Conservation and Irrigation Corporations. › Section 9-10-44 - Projects to Be Maintained in Good Condition.

Section 9-10-44
Projects to be maintained in good condition.
Each project constructed or operated by such corporation shall be maintained and kept in good condition and repair.
(Acts 1955, No. 539, p. 1186, §15.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10 - Water Conservation and Irrigation. › Article 2 - Water Conservation and Irrigation Corporations. › Section 9-10-45 - Officers of Corporations Not to Be Interested in Contracts, etc.; Penalty.

Section 9-10-45
Officers of corporations not to be interested in contracts, etc.; penalty.
No officer of the corporation shall have any interest, directly or indirectly, in any contract awarded or to be awarded or in the profit to be derived therefrom. The violation of this section shall constitute a misdemeanor and, upon conviction, shall work a forfeiture of office and shall be punishable by a fine not exceeding $500.00 or by imprisonment in the county jail not exceeding six months or both.
(Acts 1955, No. 539, p. 1186, §16.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10 - Water Conservation and Irrigation. › Article 2 - Water Conservation and Irrigation Corporations. › Section 9-10-46 - Agents and Employees May Enter Lands, etc., to Make Surveys, Soundings, etc.; Reimbursement for Actual Damages.

Section 9-10-46
Agents and employees may enter lands, etc., to make surveys, soundings, etc.; reimbursement for actual damages.
The authorized agents and employees of the corporation may enter upon any lands, waters and premises in this state for the purpose of making surveys, soundings, drillings and examinations as it may deem necessary or convenient for the purposes of this article, and such entry shall not be deemed a trespass, nor shall an entry for such purpose be deemed an entry under any condemnation proceedings which may be then pending. The corporation shall make reimbursement for any actual damages resulting to such lands, waters and premises as a result of such activities.
(Acts 1955, No. 539, p. 1186, §17.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10 - Water Conservation and Irrigation. › Article 2 - Water Conservation and Irrigation Corporations. › Section 9-10-47 - Construction of Terms Where Another State Agency Charged With Responsibility of Department of Conservation and Natural Resources.

Section 9-10-47
Construction of terms where another state agency charged with responsibility of Department of Conservation and Natural Resources.
In the event that a state agency other than the state Department of Conservation and Natural Resources may hereafter be charged with such responsibility as is in this article charged to the state Department of Conservation and Natural Resources, the term "said Commissioner of Conservation and Natural Resources" wherever used in this article shall be construed to mean the executive head of the state agency so charged.
(Acts 1955, No. 539, p. 1186, §7.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10A - Watershed Management Authorities. › Section 9-10A-1 - Legislative Intent.

Section 9-10A-1
Legislative intent.
Proper management of the watersheds of the state is necessary to insure the health, safety and welfare of our citizens. Improper land use and water use practices upon our watersheds have caused or contributed to and will continue to cause and contribute to critical flooding, erosion and pollution problems. Proper management of watersheds is necessary to provide an adequate supply of water for residential, agricultural and industrial uses, flood prevention and control, soil erosion prevention and control, agricultural and timber land protection, and wildlife habitat protection. The legislative intent of this chapter is to provide for the establishment of watershed management authorities, and to authorize said entities to protect and manage the watersheds of this state.
(Acts 1991, No. 91-602, p. 1119, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10A - Watershed Management Authorities. › Section 9-10A-2 - Definitions.

Section 9-10A-2
Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings indicated unless the context clearly indicates a different meaning:
(1) WATERSHED MANAGEMENT AUTHORITY. A governmental subdivision of this state and a public body, corporate and politic, organized in accordance with the provisions of this chapter for the purposes, with the powers and subject to the restrictions set forth in this chapter.
(2) DIRECTOR. One of the members of the governing body of a watershed management authority.
(3) AT LARGE DIRECTOR. A director of a watershed management authority who may reside within any county that lies within the boundaries of the watershed management authority.
(4) RESIDENT DIRECTOR. A director of a watershed management authority who, pursuant to the requirements of this chapter, must reside in a particular county.
(5) BOARD OF DIRECTORS. The governing body of a watershed management authority.
(6) BOARD OF SUPERVISORS. The governing body of the soil and water conservation district in which a watershed management authority is situated or, if the watershed management authority is situated in more than one soil and water conservation district, the joint governing bodies of such districts.
(7) DUE NOTICE. Notice published at least twice, with an interval of at least seven days between the two publication dates, in a newspaper or other publication of general circulation within the appropriate area or, if no such publication of general circulation is available, by posting notice in at least three public places in each county lying in whole or in part within the designated area. At any hearing held pursuant to such notice, at the time and place designated in such notice, adjournment may be made from time to time without the necessity of renewing such notice for such adjourned dates.
(8) 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 Article 2 of Title 9, for the purposes, with the powers and subject to the restrictions, set forth in said article.
(9) STATE. The State of Alabama.
(Acts 1991, No. 91-602, p. 1119, §2.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10A - Watershed Management Authorities. › Section 9-10A-3 - Purpose of Authorities.

Section 9-10A-3
Purpose of authorities.
Watershed management authorities may be formed in any watershed area of the state for the purpose of developing and executing plans and programs relating to any phase of conservation of water, water usage, flood prevention, flood control, water pollution control, wildlife habitat protection, agricultural and timberland protection, erosion prevention and control of erosion, flood-water and sediment damages.
(Acts 1991, No. 91-602, p. 1119, §3.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10A - Watershed Management Authorities. › Section 9-10A-4 - Guidelines for Protecting Forested Watersheds.

Section 9-10A-4
Guidelines for protecting forested watersheds.
Any management guidelines developed by watershed management authorities to protect forested watersheds shall follow the best management practices established by the Alabama Forestry Commission as they pertain to forested watersheds.
(Acts 1991, No. 91-602, p. 1119, §4.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10A - Watershed Management Authorities. › Section 9-10A-5 - Land Which May Be Included in Authority.

Section 9-10A-5
Land which may be included in authority.
The land area embraced in any watershed management authority must encompass at least 50 square miles, must be contiguous and must lie within a defined watershed. The area may include lands within any soil and water conservation district. Such authorities may embrace lands lying in one or more soil and water conservation districts. Two or more watersheds may be included in a watershed management authority. Provided, however, no land may be included in more than one watershed management authority and provided further, that no lands or facilities which are subject to the licensing jurisdiction of the Federal Energy Regulatory Commission or the jurisdiction of the Alabama Public Service Commission to issue certificates of convenience and necessity shall be subject to the exercise of any powers or authorities granted herein.
(Acts 1991, No. 91-602, p. 1119, §5.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10A - Watershed Management Authorities. › Section 9-10A-6 - Petition to Form Authority.

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.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10A - Watershed Management Authorities. › Section 9-10A-7 - Joint Board of Supervisors to Hear Petition When Authority Lies in Multiple Conservation Districts.

Section 9-10A-7
Joint board of supervisors to hear petition when authority lies in multiple conservation districts.
If the proposed watershed management authority lies in more than one soil and water conservation district, the petition shall be presented to the board of supervisors of all such soil and water conservation districts, and the supervisors of all such districts shall act as a joint board of supervisors in the formation of the watershed management authority.
Pursuant to the provisions of this chapter, whenever it is necessary for a joint board of supervisors to convene, said meeting may be called by a majority of the members of the several boards of supervisors comprising the joint board of supervisors.
A majority of the joint board of supervisors shall constitute a quorum. All actions taken by the joint board of supervisors shall require a majority vote of all members comprising the joint board of supervisors who are voting on said action.
(Acts 1991, No. 91-602, p. 1119, §7.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10A - Watershed Management Authorities. › Section 9-10A-8 - Notice of Hearing; Right of Interested Parties; Record of Final Determination.

Section 9-10A-8
Notice of hearing; right of interested parties; record of final determination.
(a) Within 30 days after said petition has been filed with the board of supervisors, it shall cause due notice to be given of a proposed hearing upon the practicability and feasibility of creating said watershed management authority. All interested parties shall have the right to attend such hearing and be heard. If it shall appear at the hearing that other lands should be included or that lands included in the petition should be excluded, the board of supervisors may permit such inclusion or exclusion, provided the land area involved still meets the requirements of Section 9-10A-5.
(b) If it appears upon the hearing that it may be desirable to include within the proposed authority territory outside of the area within which due notice of the hearing has been given, the hearing shall be adjourned and due notice of a further hearing shall be given throughout the entire area considered for inclusion in the authority and a further hearing shall be held.
(c) If a majority of the board of supervisors after final hearing determines from the facts presented at the hearing and upon the available information that there is need in the interest of the public health, safety and welfare for such an authority to function in the territory considered, it shall make and record the determination and shall define, by description, the boundaries of the authority. Said territory shall constitute a watershed management authority. If a majority of the board of supervisors after final hearing determines need does not exist for the authority, it shall make and record said determination and shall deny the petition.
(Acts 1991, No. 91-602, p. 1119, §8.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10A - Watershed Management Authorities. › Section 9-10A-11 - Successor of Director; Term of Office.

Section 9-10A-11
Successor of director; term of office.
The successor of a director who must reside in a particular county shall be either elected or appointed. The method of selection shall be determined by the board of supervisors who determined the method of selecting the incumbent director whose term is expiring. The method of selection chosen shall be proclaimed by resolution. The successor of a director who must reside in a particular county shall be appointed or elected in the same manner as prescribed in Sections 9-10A-9 and 9-10A-10 except as otherwise provided in this section.
The successor of an at large director shall be either elected or appointed. The method of selection shall be determined by the several boards of supervisors who determined the method of selecting the incumbent director whose term is expiring. The method of selection chosen shall be proclaimed by resolution. The successor of an at large director shall be appointed or elected in the same manner as prescribed in Sections 9-10A-9 and 9-10A-10 except as otherwise provided in this section.
All successors shall be elected or appointed for terms of four years.
Elections shall be at least one month prior to the expiration of the term of office of the incumbent director whose term is expiring. The costs of elections shall be paid by the watershed management authority.
(Acts 1991, No. 91-602, p. 1119, §11.)