reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 7A - Alabama Recreation Capital Development Assistance Fund. › Section 9-7A-10 - Conversion of Property Acquired Under This Chapter Requires Approval of Commissioner.

Section 9-7A-10
Conversion of property acquired under this chapter requires approval of commissioner.
No property acquired or developed with assistance under this chapter shall, without the prior approval of the commissioner, be converted to other than public uses. The commissioner may approve such conversion only if he finds it to be in accordance with criteria as may be established by him.
(Acts 1982, No. 82-615, p. 1154, §10.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 7A - Alabama Recreation Capital Development Assistance Fund. › Section 9-7A-11 - Examination of Records, etc., by Commissioner Authorized.

Section 9-7A-11
Examination of records, etc., by commissioner authorized.
The commissioner or any duly authorized representative shall have access, for the purpose of audit or examination, to any books, documents, papers, and records of the applicant that are pertinent to assistance received under this chapter.
(Acts 1982, No. 82-615, p. 1154, §11.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 7A - Alabama Recreation Capital Development Assistance Fund. › Section 9-7A-12 - Grant Requests Must Conform to Guidelines Promulgated by Commissioner.

Section 9-7A-12
Grant requests must conform to guidelines promulgated by commissioner.
Each applicant shall submit its grant request under guidelines set forth by the commissioner.
(Acts 1982, No. 82-615, p. 1154, §12.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 7A - Alabama Recreation Capital Development Assistance Fund. › Section 9-7A-13 - Functions and Activities of Commissioner - Generally.

Section 9-7A-13
Functions and activities of commissioner - Generally.
In order to carry out the provisions of this chapter the commissioner through plans and programs of the department shall perform the following functions and activities:
(1) Prepare and maintain a continuing inventory and evaluation of recreational needs and resources of the State of Alabama;
(2) Formulate and maintain a comprehensive statewide recreation plan, taking into consideration the plans of various federal and state agencies, and political subdivisions. The plan shall set forth the needs and demands of the public for recreation in the current and foreseeable future, recommend desirable actions to be taken at each level of government, as well as identify those actions that can be made by private interests;
(3) Provide technical assistance and advice to, and cooperate with, political subdivisions, and private interests, including nonprofit organizations, with respect to recreation;
(4) Sponsor, engage in, and assist in research relating to recreation by contract or cooperative agreements, and make payments for such purposes;
(5) Undertake studies and assemble information concerning recreation directly or by contract or cooperative agreement, and disseminate such information;
(6) Promote coordination of state plans and activities generally relating to recreation; and
(7) Promulgate such reasonable rules and regulations deemed necessary to implement the provisions of this chapter.
(Acts 1982, No. 82-615, p. 1154, §13.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 7A - Alabama Recreation Capital Development Assistance Fund. › Section 9-7A-14 - Functions and Activities of Commissioner - Cooperation and Collaboration With Other Governmental Agencies, etc., Authorized.

Section 9-7A-14
Functions and activities of commissioner - Cooperation and collaboration with other governmental agencies, etc., authorized.
The commissioner, in administering this chapter, is authorized to cooperate with, and may seek and accept the assistance of, any federal, state, county or municipal department or agency, and educational or scientific institutions.
(Acts 1982, No. 82-615, p. 1154, §14.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 7A - Alabama Recreation Capital Development Assistance Fund. › Section 9-7A-15 - Functions and Activities of Commissioner - Consultation With Other State Departments, Etc.

Section 9-7A-15
Functions and activities of commissioner - Consultation with other state departments, etc.
The heads of state departments and independent agencies having administrative responsibility over activities or resources, the conduct or use of which is pertinent to fulfillment of the provisions of this chapter shall, either individually or as a group, consult with and be consulted by the commissioner from time to time both with respect to their conduct of those activities which the commissioner carries on under authority of this chapter which are pertinent to their work.
(Acts 1982, No. 82-615, p. 1154, §15.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 7A - Alabama Recreation Capital Development Assistance Fund. › Section 9-7A-16 - Disposition of Moneys Received Under Provisions of This Chapter.

Section 9-7A-16
Disposition of moneys received under provisions of this chapter.
All moneys received under the provisions of this chapter will be appropriated to the fund within the Department of Conservation and Natural Resources plans and programs, and may be used by the commissioner for all purposes reasonably necessary in the administration of the provisions of this chapter, including said division's pro rata share of general administrative expenses of the Department of Conservation and Natural Resources.
(Acts 1982, No. 82-615, p. 1154, §16; Acts 1983, 2nd Ex. Sess., No. 83-131, p. 137, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 7A - Alabama Recreation Capital Development Assistance Fund. › Section 9-7A-17 - Priority in Allocation of Fund.

Section 9-7A-17
Priority in allocation of fund.
Priority in the allocation of fund moneys may be given to applicants having experienced either natural or man-made disasters in areas so designated by the Governor.
(Acts 1982, No. 82-615, p. 1154, §17.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8 - Soil and Water Conservation Generally. › Article 1 - Water Resources Research Institute. › Section 9-8-1 - Declaration of Policy; Purpose of Article.

Section 9-8-1
Declaration of policy; purpose of article.
It is the policy and purpose of the Alabama Legislature to assure that the state at all times has an abundance of water, both as to its quantity and quality, necessary to meet the requirements of an expanding population and industrial community and, to help achieve this objective, to stimulate, sponsor and provide for the conduct of research, investigations and experiments in the field of water and resources as they affect water and to encourage the training of scientists in fields related to water by aiding in establishing and supporting an institute or center at Auburn University for the development of a water resources research program.
(Acts 1963, 2nd Ex. Sess., No. 149, p. 338, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8 - Soil and Water Conservation Generally. › Article 1 - Water Resources Research Institute. › Section 9-8-2 - Establishment Authorized; Receipt of Federal Funds.

Section 9-8-2
Establishment authorized; receipt of federal funds.
The Board of Trustees of Auburn University may establish or provide for the establishment of a water resources research institute or center, which is hereby designated as the state agency to accept federal funds appropriated or allocated by Congress to the state for the use of water resources research centers established as envisioned by the Water Resources Research Act of 1964 (codified as 42 U.S.C.A. §1961 et seq.).
(Acts 1963, 2nd Ex. Sess., No. 149, p. 338, §2.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8 - Soil and Water Conservation Generally. › Article 1 - Water Resources Research Institute. › Section 9-8-3 - Management and Control; Powers and Duties.

Section 9-8-3
Management and control; powers and duties.
The institute or center established under Section 9-8-1 shall be subject to the management and control of the trustees and President of Auburn University, and its programs shall be coordinated with the Geological Survey of Alabama. It shall be the duty of the institute or center to stimulate, plan and conduct original research, investigations or experiments of either a basic or practical nature, or both, in relation to water resources, including but not limited to aspects of the hydrological cycle; supply and demand for water; conservation and best use of available supply; methods of increasing such supply; and agricultural, biological, ecological, economic, engineering, geographic, industrial, legal, recreational, social and other aspects of water problems. The results of the research conducted by the institute or center shall be reported or published in such manner and at such times as the director of the institute may consider suitable and appropriate.
(Acts 1963, 2nd Ex. Sess., No. 149, p. 338, §3.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8 - Soil and Water Conservation Generally. › Article 1 - Water Resources Research Institute. › Section 9-8-4 - Article Supplementary.

Section 9-8-4
Article supplementary.
This article is intended to supplement and not to prejudice, restrict or duplicate programs of water resources or research conducted by the Geological Survey of Alabama or the University of Alabama, or to prejudice or restrict the receipt of other federal, state or other funds by either of these or other state agencies.
(Acts 1963, 2nd Ex. Sess., No. 149, p. 338, §4.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8 - Soil and Water Conservation Generally. › Article 2 - Soil and Water Conservation Districts. › Section 9-8-20 - Definitions.

Section 9-8-20
Definitions.
Wherever used or referred to in this article, unless a different meaning clearly appears from the context:
(1) DISTRICT or 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 this article for the purposes, with the powers and subject to the restrictions set forth in this article.
(2) SUPERVISOR. One of the members of the governing body of a district appointed in accordance with the provisions of this article.
(3) COMMITTEE or STATE SOIL AND WATER CONSERVATION COMMITTEE. The agency created in Section 9-8-22.
(4) PETITION. A petition filed under the provisions of subsection (a) of Section 9-8-23 for the creation of a district.
(5) STATE. The State of Alabama.
(6) AGENCY OF THIS STATE. Such term includes the government of this state and any subdivision, agency or instrumentality, corporate or otherwise, of the government of this state.
(7) UNITED STATES or AGENCIES OF THE UNITED STATES. Such terms include the United States of America, the Soil Conservation Service of the United States Department of Agriculture and any other agency or instrumentality, corporate or otherwise, of the United States of America.
(8) GOVERNMENT or GOVERNMENTAL. Such terms include the government of this state, the government of the United States and any subdivision, agency or instrumentality, corporate or otherwise, of either of them.
(9) LANDOWNER or OWNER OF LAND. Such terms include any person, firm or corporation who shall hold legal or equitable title to any farm, forest or grazing lands lying within a district organized under the provisions of this article.
(10) 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 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.
(11) LAND OCCUPIER or OCCUPIER OF LAND. Such terms include any person, firm or corporation who shall be in possession of any lands lying within a district organized under the provisions of this article, whether as lessee, renter, tenant or owner.
(Acts 1939, No. 147, p. 202, § 3; Code 1940, T. 2, §659.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8 - Soil and Water Conservation Generally. › Article 2 - Soil and Water Conservation Districts. › Section 9-8-21 - Legislative Findings; Declaration of Policy.

Section 9-8-21
Legislative findings; declaration of policy.
(a) It is hereby declared as a matter of legislative determination:
(1) That the farm, forest and grazing lands of the State of Alabama are among the basic assets of the state and that the preservation of these lands is necessary to protect and promote the health, safety and general welfare of its people;
(2) That improper land-use practices have caused and have contributed to, and are now causing and contributing to, a progressively more serious erosion of the farm, forest and grazing lands of this state by wind and water;
(3) That the consequences of such soil erosion are the silting and sedimentation of stream channels, reservoirs, dams, ditches and harbors, the loss of fertile soil material, the reduction in productivity or outright ruin of rich bottom lands by overwash of poor subsoil material, sand and gravel and the deterioration of soil and its fertility; and
(4) That to conserve soil resources and control and prevent soil erosion, it is necessary that land-use practices contributing to soil wastage and soil erosion be discouraged and discontinued and appropriate soil-conserving land-use practices be adopted and carried out.
(b) It is hereby declared to be the policy of the Legislature to provide for the conservation of the soil and soil resources of this state and for the control and prevention of soil erosion, thereby to preserve natural resources, control floods, prevent impairment of dams and reservoirs, assist in maintaining the navigability of rivers and harbors, preserve wildlife, protect the tax base, protect public lands and protect and promote the health, safety and general welfare of the people of this state.
(Acts 1939, No. 147, p. 202, §2; Code 1940, T. 2, §658.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8 - Soil and Water Conservation Generally. › Article 2 - Soil and Water Conservation Districts. › Section 9-8-27 - Land-Use Regulations - Access to Lands for Investigation as to Observance; Damage Remedy for Violations.

Section 9-8-27
Land-use regulations - Access to lands for investigation as to observance; damage remedy for violations.
The supervisors shall have authority to go upon any lands within the district to determine whether land-use regulations adopted under the provisions of Section 9-8-26 are being observed. The supervisors are further authorized to provide by ordinance that any landowner who shall sustain damages from any violation of such regulations by any other landowner may recover damages at law from such other landowner for such violation.
(Acts 1939, No. 147, p. 202, § 9; Code 1940, T. 2, §665.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8 - Soil and Water Conservation Generally. › Article 2 - Soil and Water Conservation Districts. › Section 9-8-29 - Cooperation Between Districts.

Section 9-8-29
Cooperation between districts.
The supervisors of any two or more districts organized under the provisions of this article may cooperate with one another in the exercise of any or all powers conferred in this article.
(Acts 1939, No. 147, p. 202, §11; Code 1940, T. 2, §667.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8 - Soil and Water Conservation Generally. › Article 2 - Soil and Water Conservation Districts. › Section 9-8-30 - Cooperation, etc., of State Agencies, Etc.

Section 9-8-30
Cooperation, etc., of state agencies, etc.
Agencies of this state which shall have jurisdiction over or be charged with the administration of any state-owned lands and of any county or other governmental subdivision of the state which shall have jurisdiction over or be charged with the administration of any county-owned or other publicly owned lands lying within the boundaries of any district organized under this article shall cooperate to the fullest extent with the supervisors of such districts in the effectuation of programs and operations undertaken by the supervisors under the provisions of this article. The supervisors of such districts shall be given free access to enter and perform work upon such publicly owned lands. The provisions of land-use regulations adopted pursuant to Section 9-8-26 shall have the force and effect of law over all such publicly owned lands and shall be in all respects observed by the agencies administering such lands.
(Acts 1939, No. 147, p. 202, §12; Code 1940, T. 2, §668.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8 - Soil and Water Conservation Generally. › Article 2 - Soil and Water Conservation Districts. › Section 9-8-32 - Payment of Expenses.

Section 9-8-32
Payment of expenses.
To meet the administrative and other expenses of the State Soil and Water Conservation Committee and the soil and water conservation districts which may be organized under the provisions of this article, the Comptroller is hereby authorized and directed to draw his warrant on the Treasurer, as provided by law, upon the order of the Chairman of the State Soil and Water Conservation Committee, at such times and in such amounts, not exceeding the appropriation therefor, as may be needed.
(Acts 1939, No. 147, p. 202, §14; Code 1940, T. 2, §670.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8 - Soil and Water Conservation Generally. › Article 3 - Watershed Conservancy Districts. › Section 9-8-50 - Definitions.

Section 9-8-50
Definitions.
For the purpose of this article, the following words and phrases shall have the meanings indicated unless the context clearly indicates a different meaning:
(1) WATERSHED CONSERVANCY DISTRICT or WATERSHED DISTRICT. A subdistrict of a soil and water conservation district which constitutes a governmental subdivision of this state and a public body, corporate and politic, organized in accordance with the provisions of this article for the purposes, with the powers and subject to the restrictions set forth in this article.
(2) DIRECTOR. One of the members of the governing body of a watershed conservancy district.
(3) BOARD OF DIRECTORS. The governing body of a watershed conservancy district.
(4) SUPERVISOR. A supervisor of a soil and water conservation district in which a watershed conservancy district is situated.
(5) BOARD OF SUPERVISORS. The governing body of the soil and water conservation district in which a watershed conservancy district is situated or, if the watershed conservancy district is situated in more than one soil and water conservation district, the joint governing bodies of such districts.
(6) LANDOWNER or OWNER OF LAND. Any person, firm or corporation who shall hold legal or equitable title to any land lying within a watershed conservancy district organized or proposed to be organized under this article.
(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.
(Acts 1957, No. 517, p. 705, §1; Acts 1969, No. 421, p. 822, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8 - Soil and Water Conservation Generally. › Article 3 - Watershed Conservancy Districts. › Section 9-8-51 - Creation Authorized.

Section 9-8-51
Creation authorized.
Subdistricts of a soil and water conservation district, as defined by the laws of this state, may be formed in any watershed area in such soil and water conservation district for the purpose of developing and executing plans and programs relating to any phase of conservation of water, water usage, flood prevention, flood control, erosion prevention and control of erosion, floodwater and sediment damages. Such subdistricts shall be known as watershed conservancy districts.
(Acts 1957, No. 517, p. 705, §1; Acts 1969, No. 421, p. 822, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8 - Soil and Water Conservation Generally. › Article 3 - Watershed Conservancy Districts. › Section 9-8-52 - Lands Which May Be Embraced in Districts.

Section 9-8-52
Lands which may be embraced in districts.
The land area embraced in any watershed conservancy district must be contiguous and must lie within a well-defined watershed. The area shall not include lands not included within a soil and water conservation district or lands embraced within another watershed conservancy district. Such districts may embrace lands lying in one or more soil and water conservation districts.
(Acts 1957, No. 517, p. 705, §2.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8 - Soil and Water Conservation Generally. › Article 3 - Watershed Conservancy Districts. › Section 9-8-53 - Petition for Formation of District - Generally.

Section 9-8-53
Petition for formation of district - Generally.
When 25 or more landowners within a proposed watershed conservancy district or, if less than 50 landowners are involved, a majority of the landowners in such proposed district desire to form a watershed conservancy district, they shall file a petition with the board of supervisors of the soil and water conservation district. Such petition shall define the boundaries of the proposed watershed conservancy district, the number of acres of land involved, reasons for requesting creation of such district, the proposed name for such watershed conservancy district and other information pertinent to such proposal.
(Acts 1957, No. 517, p. 705, §3.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8 - Soil and Water Conservation Generally. › Article 3 - Watershed Conservancy Districts. › Section 9-8-54 - Petition for Formation of District - Where Proposed District Lies in More Than One Soil and Water Conservation District.

Section 9-8-54
Petition for formation of district - Where proposed district lies in more than one soil and water conservation district.
If the proposed watershed conservancy district lies in more than one soil and water conservation district, the petition may be presented to the board of supervisors of any one of such soil and water conservation districts, and the supervisors of all such districts shall act as a joint board of supervisors in the formation and supervision of such a watershed conservancy district.
(Acts 1957, No. 517, p. 705, §4.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8 - Soil and Water Conservation Generally. › Article 3 - Watershed Conservancy Districts. › Section 9-8-55 - Hearing Upon Petition; Denial or Approval of Petition.

Section 9-8-55
Hearing upon petition; denial or approval of petition.
(a) Within 30 days after such 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 such water conservancy district. 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 9-8-52.
(b) If it appears upon the hearing that it may be desirable to include within the proposed district 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 district and a further hearing shall be held. After final hearing, if the board of supervisors determines upon the facts presented at the hearing and upon other available information that there is need in the interest of the public health, safety and welfare for such a district to function in the territory considered, it shall make and record the determination and shall define, by metes and bounds or by other satisfactory description, the boundaries of the district.
(c) If the board determines after the hearing that it is not feasible for such district to function in the territory considered, it shall make and record the determination and shall deny the petition.
(Acts 1957, No. 517, p. 705, §5.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8 - Soil and Water Conservation Generally. › Article 3 - Watershed Conservancy Districts. › Section 9-8-56 - Referendum Upon Creation of District - Notice of Referendum; Appointment of Polling Superintendent, Etc.

Section 9-8-56
Referendum upon creation of district - Notice of referendum; appointment of polling superintendent, etc.
After the board of supervisors has made and recorded a determination that there is need in the interest of the public health, safety and welfare for creation of the proposed watershed conservancy district, it shall consider the question whether the operation of a district within the proposed boundaries with the powers conferred upon such districts in Section 9-8-61 is administratively practicable and feasible. To assist the board of supervisors in this determination the board shall, within a reasonable time after entry of the finding that there is need for the organization of the district and the determination of the boundaries of the district, hold a referendum within the proposed district upon the proposition of the creation of the district and to cause due notice of such referendum to be given. Such notice shall state the date of holding the referendum, the hours of opening and closing the polls and shall designate one or more places within the proposed district as polling places. The board shall appoint a polling superintendent and other necessary polling officers giving equal representation to the proponents and opponents of the question involved.
(Acts 1957, No. 517, p. 705, §6.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8 - Soil and Water Conservation Generally. › Article 3 - Watershed Conservancy Districts. › Section 9-8-57 - Referendum Upon Creation of District - Contents of Ballot; Qualifications of Voters; Voting Procedure.

Section 9-8-57
Referendum upon creation of district - Contents of ballot; qualifications of voters; voting procedure.
The question to be voted on shall be submitted by ballots upon which appear the words:
"For creation of _____ Watershed Conservancy District"
"Against creation of _____ Watershed Conservancy District"
A square shall follow each proposition. The ballot shall also contain a direction to insert an "X" mark in the square following one or the other of the propositions as the voter may favor or oppose creation of the district. The ballot shall set forth the boundaries of the proposed district as determined by the board of supervisors. Only owners of lands lying within the boundaries of the territory, as determined by the board, shall be eligible to vote in the referendum. Qualified voters may vote by absentee ballot in such referendum under rules and regulations prescribed by the board of supervisors.
(Acts 1957, No. 517, p. 705, §7.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8 - Soil and Water Conservation Generally. › Article 3 - Watershed Conservancy Districts. › Section 9-8-58 - Referendum Upon Creation of District - Counting, etc., of Votes; Certification, Recordation and Filing of Results.

Section 9-8-58
Referendum upon creation of district - Counting, etc., of votes; certification, recordation and filing of results.
The votes shall be counted by the election officers at the close of the polls, and report of the results, along with the ballots, shall be delivered to the polling superintendent, who shall certify the results to the board of supervisors. If a majority of the votes cast favor creation of the district, the board of supervisors shall certify such results to the judge of probate of the county or counties involved. Upon proper recording of such action, such watershed conservancy district shall be duly created. After recording, the certification shall be filed with the State Soil and Water Conservation Committee.
(Acts 1957, No. 517, p. 705, §8.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8 - Soil and Water Conservation Generally. › Article 3 - Watershed Conservancy Districts. › Section 9-8-60 - Board of Directors - Compensation.

Section 9-8-60
Board of directors - Compensation.
Members of the board of directors shall receive no salaries but may be reimbursed for actual and necessary expenditures incurred in the performance of their duties, upon approval by the board of supervisors.
(Acts 1957, No. 517, p. 705, §12.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8 - Soil and Water Conservation Generally. › Article 3 - Watershed Conservancy Districts. › Section 9-8-61 - Board of Directors - Powers and Duties Generally.

Section 9-8-61
Board of directors - Powers and duties generally.
Subject to the approval of the board of supervisors, the board of directors of a watershed conservancy district shall have power to:
(1) Acquire, by purchase, gift, grant, bequest or devise, or through condemnation proceedings held in the manner provided by Chapter 1 of Title 18 of this code, such lands or rights-of-way as are necessary for the exercise of any authorized function of the district;
(2) Construct, improve, operate and maintain such structures as may be necessary for the exercise of any authorized function of the district;
(3) Borrow such money as is necessary for the purpose of acquiring rights-of-way and establishing, constructing, reconstructing, repairing, enlarging and maintaining such structures and improvements as are required by the district in the performance of its functions, and issue, negotiate and sell its bonds as provided in Section 9-8-62; provided, that all contracts made and all bonds issued by a watershed conservancy district under the provisions of this article shall be solely and exclusively obligations of the district and shall not be an obligation or debt of the State of Alabama or any county or municipality therein;
(4) Sell, lease or otherwise dispose of any of its property or interests therein in furtherance of the purposes provided for by this article;
(5) Make and execute contracts and other instruments necessary and convenient to the exercise of its powers;
(6) Sue and be sued in the name of the district;
(7) Cooperate with or act as agent for the United States or any of its agencies or the State of Alabama or any of its agencies or any county or municipality in connection with the acquisition, construction, operation or administration of any project within the boundaries of the district;
(8) Accept donations, gifts and contributions in money, services, materials or otherwise from the United States or its agencies or from the State of Alabama or its agencies or from any county or municipality or from any individual and use or expend such moneys, services, materials or other such contributions in carrying out the provisions of this article; and
(9) Subject to the approval of the board of supervisors of the soil and water conservation district, employ such employees as the board may determine and fix their compensation, qualifications and duties and delegate to the chairman of the board or any member or employee of the board such powers and duties as it may deem proper.
(Acts 1957, No. 517, p. 705, §10.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8 - Soil and Water Conservation Generally. › Article 3 - Watershed Conservancy Districts. › Section 9-8-62 - Issuance of Bonds.

Section 9-8-62
Issuance of bonds.
(a) Bonds authorized by Section 9-8-61 shall not be issued until proposed by order or resolution of the board of directors specifying the purpose for which the funds are to be used and the proposed undertaking, the amount of bonds to be issued and the rate of interest they are to bear. A copy of the order or resolution shall be certified to the board of supervisors.
(b) The board of supervisors shall conduct a hearing on such proposal after giving due notice of such hearing. If it appears that the proposal is within the scope and purpose of this article and meets all other requirements of the law, the proposal shall be submitted to the landowners of the watershed conservancy district by referendum under supervision of the board of supervisors.
(c) The provisions of Sections 9-8-56 through 9-8-58 as to notice, qualifications of voters, absentee voting and manner of holding referendum elections in organizing a watershed conservancy district shall apply to the referendum held under this section. If two thirds of the landowners voting favor the proposal, such bonds may be issued.
(Acts 1957, No. 517, p. 705, §11.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8 - Soil and Water Conservation Generally. › Article 3 - Watershed Conservancy Districts. › Section 9-8-63 - Addition of Lands to Districts.

Section 9-8-63
Addition of lands to districts.
(a) Any one or more owners of land may petition the board of supervisors to have their lands added to a watershed conservancy district. Such petition shall define the boundaries of the land desired to be annexed, the number of acres of land involved and other information pertinent to such proposal. When the boundary described embraces lands of others than the petitioners, the petition shall so state and shall be signed by 25 or more of the landowners in the territory described if 50 or more such owners are involved, or by a majority if less than 50 landowners are involved.
(b) Within 30 days after such petition is filed, the board shall cause due notice to be given of a hearing on such petition. All interested parties shall have a right to attend such hearing and be heard. The board shall determine whether the lands described in the petition or any portion thereof shall be included in the district. If all the landowners in the territory involved are not petitioners, a referendum shall be held within such territory as provided in Sections 9-8-56 through 9-8-58 before making a final determination. If it is determined that such land should be added, this fact shall be certified by the board of supervisors to the judge of probate of the county or counties involved. After recording, the certification shall be filed with the State Soil and Water Conservation Committee.
(Acts 1957, No. 517, p. 705, §13.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8 - Soil and Water Conservation Generally. › Article 3 - Watershed Conservancy Districts. › Section 9-8-64 - Detachment of Lands From Districts.

Section 9-8-64
Detachment of lands from districts.
The owner or owners of lands which have not been, are not and cannot be benefited by their inclusion in the watershed conservancy district may petition the board of supervisors to have such lands detached. The petition shall describe such lands and state the reasons why they should be detached. A hearing shall be held within 30 days after the petition is received. Due notice of such hearing shall be given at least 10 days before the hearing. If it is determined by the board of supervisors that such lands shall be detached, such determination shall be certified to the judge of probate of each county in which any portion of such lands lie. After recording, the certification shall be filed with the State Soil and Water Conservation Committee.
(Acts 1957, No. 517, p. 705, §14.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8 - Soil and Water Conservation Generally. › Article 3 - Watershed Conservancy Districts. › Section 9-8-65 - Discontinuance.

Section 9-8-65
Discontinuance.
(a) At any time after five years from the organization of a watershed conservancy district, 25 or more landowners within a district or, if less than 50 landowners are involved, a majority of the landowners in such district may file a petition with the board of supervisors praying that the existence of the district be discontinued. The petition shall state the reasons for discontinuance and that all obligations of the district have been met.
(b) After giving notice, the board of supervisors may conduct such hearings on the petition as may be necessary to assist it in making a determination.
(c) Within 60 days after the petition is filed, a referendum shall be held and conducted under the supervision of the board of supervisors in the same manner as a referendum is required to be held and conducted under the provisions of Sections 9-8-56 through 9-8-58. No informalities in the conduct of the referendum or in any matters relating to the referendum shall invalidate it or its result if due notice of the referendum has been given as provided in subsection (b) of this section.
(d) If a majority of the votes cast in such referendum favor the discontinuance of the district and it is found that all the obligations have been met, the board of supervisors shall make a determination that the watershed conservancy district shall be discontinued. A copy of the determination shall be certified to the judge of probate of the county or counties involved for recording. After recording, the certification shall be filed with the State Soil and Water Conservation Committee.
(Acts 1957, No. 517, p. 705, §15.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8 - Soil and Water Conservation Generally. › Article 3 - Watershed Conservancy Districts. › Section 9-8-66 - Supervision of District When Soil and Water Conservation District Discontinued.

Section 9-8-66
Supervision of district when soil and water conservation district discontinued.
If any supervising soil and water conservation district is discontinued, the county commission of the county or counties involved shall serve in the same supervising capacity over the watershed conservancy district as the board of supervisors.
(Acts 1957, No. 517, p. 705, §16.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8 - Soil and Water Conservation Generally. › Article 3 - Watershed Conservancy Districts. › Section 9-8-67 - Exemption From Taxation.

Section 9-8-67
Exemption from taxation.
The property and interests therein acquired by any watershed conservancy district organized under the provisions of this article shall be exempt from all state, county or other taxation.
(Acts 1957, No. 517, p. 705, §17.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8A - Cost-Share Grants for Soil and Water Conservation. › Section 9-8A-2 - Legislative Findings and Declaration of Purpose.

Section 9-8A-2
Legislative findings and declaration of purpose.
It is hereby found and declared to be the policy of the state to provide for the restoration and conservation of the soil resources of this state, to provide for the improvement of water used in agriculture, and for the control and prevention of soil erosion and for the prevention of floodwater and sediment damages, and for the establishment or improvement of stands of forest trees, all of which will preserve natural resources, control floods, prevent impairment of dams and reservoirs, preserve wildlife, protect the tax base, protect public lands and promote the health, safety and public welfare of the citizens of the state. It is further declared that at the present time, due to cutbacks in federal soil conservation and reforestation programs there exists an inadequate supply of funds in the state to enable the financing of much needed soil conservation, agricultural water quality and forestry improvement programs; that the inability to finance such programs impedes the economic and physical development of the state, adversely affects the welfare and prosperity of all of the people of the state and accordingly creates and fosters conditions adverse to the general health and welfare of the citizens of the state; and that the making available in the manner provided in this chapter of appropriated moneys to assist the financing of much needed soil conservation, agricultural water and forestry improvement programs will result in the alleviation or reduction of the adverse consequences which have resulted.
(Acts 1985, 1st Ex. Sess., No. 85-123, p. 169, §2; Acts 1986, No. 86-426, p. 775, §2.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8A - Cost-Share Grants for Soil and Water Conservation. › Section 9-8A-4.1 - Commission - Revolving Fund Established; Expenditure of Funds; Appropriation of Funds to Commission.

Section 9-8A-4.1
Commission - Revolving fund established; expenditure of funds; appropriation of funds to commission.
(a) There is hereby established the Alabama Agricultural and Conservation Development Commission Revolving Fund to consist of all moneys received by the commission from legislative appropriations or from any other source, including any and all interest earned from such funds. Any funds remaining in the Alabama Agricultural and Conservation Development Commission Fund at the end of any fiscal year shall remain in said fund and is hereby reappropriated to the commission in each subsequent year.
(b) The state Budget Officer shall allocate to the commission its entire state appropriation for any fiscal year prior to January 2 of that fiscal year.
(c) The commission is hereby authorized to expend funds in the Alabama Agricultural and Conservation Development Commission Revolving Fund to pay expenses of the commission, to pay salaries of any personnel employed or contracted with by the commission, to reimburse the State Soil and Water Conservation Committee for expenditures and expenses incurred in its support of the Agricultural and Conservation Development Commission, to support the operations of the State Soil and Water Conservation Committee, and to perform any other legitimate power of the commission. The remainder of funds may be allocated to the soil and water conservation districts in the manner prescribed in Section 9-8A-5.
(Acts 1986, No. 86-426, p. 775, §5.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8A - Cost-Share Grants for Soil and Water Conservation. › Section 9-8A-5 - Allocation of Funds to Soil and Water Conservation Districts.

Section 9-8A-5
Allocation of funds to soil and water conservation districts.
(a) Funds allocated to the soil and water conservation districts by the commission shall be used only to pay the costs of installing soil and water conservation practices of the types listed in Section 9-8A-7. Soil and water conservation district supervisors shall designate which soil and water conservation practices will be eligible for cost-share grants in their district, subject to approval by the Agricultural and Conservation Development Commission. The commission, through the State Soil and Water Conservation Committee, may allocate any available appropriations and other moneys received by the commission for cost-share grants to the soil and water conservation districts in steps identified as original allocation, reversion of allocated funds, and reallocation of reverted funds.
(b) Original allocation. The commission may allocate funds to the state's soil and water conservation districts at the beginning of a fiscal year in accordance with formulas established by the commission taking into account the percentage of the state's highly erosive areas in, the reforestation needs and other soil and water conservation needs of, and the agricultural water pollution problems of, each soil and water conservation district in the state.
(c) Reversion of allocated funds. Any allocated funds allocated in a fiscal year that the soil and water conservation districts have not obligated by March 1 of that fiscal year, and any allocated funds that were obligated during the previous year for projects respecting which disbursements have not been begun by March 1 will revert to the commission for reallocation.
(d) Reallocation of reverted funds. The soil and water conservation districts shall submit requests for reallocation of reverted funds identifying valid applications and cost estimates, if any, to the commission by February 1 of each year. The allocation to any district shall be the lesser of:
(1) The amount of available moneys less reserve funds divided by the number of districts applying for a reallocation, or
(2) The amount requested.
(e) Reserve funds. The commission shall administer a reserve fund for each program year that shall not exceed ten thousand dollars ($10,000) to be set aside and used only to meet contingencies that occur in the districts or within the commission. Each time a reallocation is made to the districts an allocation shall be made to the reserve fund if necessary to return the reserve fund balance to the appropriate level.
(Acts 1985, 1st Ex. Sess., No. 85-123, p. 169, §5; Acts 1986, No. 86-426, p. 775, §6; Act 2018-250, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8A - Cost-Share Grants for Soil and Water Conservation. › Section 9-8A-6 - Application for Cost-Share Grant.

Section 9-8A-6
Application for cost-share grant.
In order to qualify for a cost-share grant, an eligible person shall file, accompanied by the applications specified in this section, a conservation plan approved by the soil and water conservation district in which the eligible person's eligible land is located. Cost-share grants shall be available only with respect to those soil and water conservation practices determined to be needed by the soil conservation district to reduce erosion, improve agricultural water quality and improve forest resources in the district. Such determination of need shall be made by a qualified soil and water conservation or forestry technician. All application forms and agreements for allocated funds shall be available from and completed forms shall be submitted to the local soil and water conservation district office located in the county where such practices are proposed to be implemented. If an applicant's land is in more than one soil and water conservation district, the respective district committees will review the application and agree to obligate all funds from one district or prorate the funding between districts. All applications and agreements shall be signed by the eligible person unless a power of attorney has been obtained. Applications and agreements may be signed by any person designated to represent the eligible person, provided an appropriate power of attorney has been filed with the soil and water conservation district office. The power of attorney requirement may be met by submitting a properly executed and notarized durable power of attorney to the soil and water conservation district office. In the case of estates, letters of administration or letters testamentary designating the responsible person or administrator may be submitted to the district in lieu of a power of attorney.
(Acts 1985, 1st Ex. Sess., No. 85-123, p. 169, §8; Acts 1986, No. 86-426, p. 775, §7.)