reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10A - Watershed Management Authorities. › Section 9-10A-12 - Officers of Board; Treasurer to Execute Bond; Quorum; Notice of Meetings; Position Vacated Due to Absences; Records.

Section 9-10A-12
Officers of board; treasurer to execute bond; quorum; notice of meetings; position vacated due to absences; records.
(a) The board of directors of the watershed management authority shall annually elect from its membership a chairman, secretary and treasurer. The treasurer shall execute an official bond for the faithful performance of the duties of his office to be approved by the board of directors, except that no bond shall be required until such time as the authority possesses funds. Such bond shall be executed with at least three solvent personal sureties whose solvency must exceed the amount of the bond or by a surety company authorized to do business in this state and shall be in an amount determined by the board of directors. If the treasurer is required to execute a surety company bond, the premium on the bond shall be paid by the watershed management authority.
(b) A majority of the board of directors shall constitute a quorum, and the concurrence of a majority in any matter within their authority shall be required for its determination.
(c) The chairman of the board of directors shall give notice of all meetings and the agenda for each meeting at least 10 days prior to the date of the meeting. In the absence of action by the board of directors regarding the agenda for a meeting, the chairman shall have the authority to set the agenda.
(d) The board of directors shall have the power to declare a position on the board of directors vacant if a board of directors member holding said position is repeatedly absent from meetings. Provided however, the board shall provide notice to said nonattending member prior to declaring the position vacant. A vacancy created pursuant to this subsection shall be filled in the same manner as other vacancies are filled.
(e) The board of directors shall provide for the keeping of a full and accurate record of all proceedings and of all resolutions, regulations and orders issued or adopted.
(Acts 1991, No. 91-602, p. 1119, §12.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10A - Watershed Management Authorities. › Section 9-10A-13 - Reimbursement for Expenditures.

Section 9-10A-13
Reimbursement for expenditures.
Members of the board of directors shall receive no salaries but may be reimbursed by the authority for actual and necessary expenditures incurred in the performance of their duties.
(Acts 1991, No. 91-602, p. 1119, §13.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10A - Watershed Management Authorities. › Section 9-10A-15 - Issuance of Bonds.

Section 9-10A-15
Issuance of bonds.
Bonds authorized by Section 9-10A-14 shall not be issued until proposed by order or resolution of the board of directors of the watershed management authority 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 and are approved by the Director of the state Department of Finance. An authority, with such approval, shall have power and is authorized from time to time to issue its negotiable bonds. Said bonds may be issued in one or more series, may bear such date or dates, mature at such time or times not exceeding 40 years from their respective dates, bear interest at such rate or rates, payable in such manner, be in such denominations, be in such form, either coupon or registered, be executed in such manner, be payable in such medium of payment, at such place or places and be subject to such terms of redemption, with or without premium, be declared or become due before the maturity date thereof, as the authority's resolution or resolutions may provide. Said bonds may be issued for money or property at public or private sale for such price or prices as the board of directors shall determine. Said bonds may be repurchased by the authority out of any funds available for such purpose at a price not more than the principal amount thereof and accrued interest, and all bonds so repurchased shall be cancelled. Pending the preparation or execution of definitive bonds, interim receipts or certificates or temporary bonds may be delivered to the purchaser of said bonds. No bonds or other evidence of indebtedness of an authority shall be issued or sold until consent to the issuance and sale thereof shall have been given by the Director of the Department of Finance. A petition requesting such consent shall be filed by such authority with the Director of the Department of Finance. Such petition shall specify the plan or program of the authority and the uses to which it is proposed to put the proceeds of such issue and such other matters as are necessary fully to advise said director of the nature of the purpose, in furtherance of which such issue is proposed, and said petition shall include such other information as may be required by the rules of the Department of Finance. The Director of the Department of Finance shall grant such consent only after he finds that such issue or sale serves some public need and is in the public interest. It shall be unlawful for the authority to use the proceeds of any such issue or sale contrary to the plan and purposes presented to the Director of the Department of Finance in obtaining his consent thereto. The authority applying for such consent is authorized to pay such fees as shall be lawfully assessed against it by the Department of Finance.
(Acts 1991, No. 91-602, p. 1119, §15.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10A - Watershed Management Authorities. › Section 9-10A-16 - Petition for Discontinuance of Authority.

Section 9-10A-16
Petition for discontinuance of authority.
(a) At any time, a watershed management authority's board of directors may file a petition with the Secretary of State, the joint boards of supervisors who authorized the establishment of the authority and the State Soil and Water Conservation Committee praying that the existence of the authority be discontinued. The petition shall state the reasons for discontinuance.
(b) The Examiners of Public Accounts shall specify as a part of said petition that all obligations of the authority can be properly satisfied by the use of the existing assets of the authority.
(c) If any watershed management authority petitions for discontinuance, the Director of the state Department of Finance or his designee shall have the same powers regarding the watershed management authority's assets, liabilities and functions as the board of directors of said watershed management authority. The state shall not be required to assume any debts or liabilities of the authority.
(d) All assets, including but not limited to real property, personal property, equipment and supplies, acquired, appropriated to or received, shall be deemed property of the state.
(Acts 1991, No. 91-602, p. 1119, §16.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10A - Watershed Management Authorities. › Section 9-10A-17 - Audits.

Section 9-10A-17
Audits.
Every watershed management authority established under the authority of this chapter shall be subject to audits by the state Examiners of Public Accounts.
(Acts 1991, No. 91-602, p. 1119, §17.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10A - Watershed Management Authorities. › Section 9-10A-18 - State Code of Ethics; Public Officials; Public Employees.

Section 9-10A-18
State Code of Ethics; public officials; public employees.
Officers and employees of a watershed management authority established pursuant to the provisions of this chapter shall be subject to the State Ethics Law. Members of the board of directors of a watershed management authority for the purposes of Chapter 25 of Title 36, shall be considered "public officials." Employees of a watershed management authority for the purposes of Chapter 25 of Title 36, shall be considered "public employees."
(Acts 1991, No. 91-602, p. 1119, §18.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10A - Watershed Management Authorities. › Section 9-10A-19 - Employees Deemed Members of State Retirement System.

Section 9-10A-19
Employees deemed members of State Retirement System.
(a) Any person who is regularly employed by a watershed management authority established pursuant to this chapter shall be deemed to be an "employee" of the State of Alabama, as defined in Section 36-27-1. From the date he assumes his duties, any such person shall be deemed to be a "member" of the State Employees' Retirement System, as defined in Section 36-27-4; provided that the required contributions are made to the system.
(b) Any person employed by a watershed management authority shall become a member of the Employees' Retirement System as a condition of employment. Deductions for retirement purposes shall be made from the salary of each employee in the manner prescribed by law.
(c) The watershed management authority shall contribute on account of the participation of its employees the employer's contribution rate as established by the actuary for regular employees of the state.
The contribution rate so computed, based upon the payroll of the employees, shall be certified by the Board of Control of the Employees' Retirement System to the board of directors of the watershed management authority. The watershed management authority shall pay to the State Treasurer the amount certified by the Board of Control and the State Treasurer shall credit such amounts to the appropriate funds of the retirement system.
(Acts 1991, No. 91-602, p. 1119, §19.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10A - Watershed Management Authorities. › Section 9-10A-20 - Health Insurance Benefits for Full-Time Employees.

Section 9-10A-20
Health insurance benefits for full-time employees.
(a) Full-time employees of a watershed management authority shall be included in the definitions of "employee" as provided in Section 36-29-1(1), and shall be entitled to the same health insurance benefits and required to make the same contributions as other state employees. The watershed management authority is hereby authorized to pay the employer's share for said health insurance to the State Employees' Insurance Board.
(b) Full-time employees of a watershed management authority shall be entitled to all benefits granted state employees.
(Acts 1991, No. 91-602, p. 1119, §20.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10A - Watershed Management Authorities. › Section 9-10A-21 - Competitive Bidding on Public Contracts.

Section 9-10A-21
Competitive bidding on public contracts.
Every watershed management authority established pursuant to the provisions of this chapter shall be considered a state authority for the purposes of applying the provisions of Chapter 16 of Title 41, regarding competitive bidding on public contracts.
(Acts 1991, No. 91-602, p. 1119, §21.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10A - Watershed Management Authorities. › Section 9-10A-22 - Property Exempt From Taxation.

Section 9-10A-22
Property exempt from taxation.
The property and interests acquired by any watershed management authority organized under the provisions of this chapter shall be exempt from all state, county or other taxation.
(Acts 1991, No. 91-602, p. 1119, §22.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10B - Alabama Water Resources. › Section 9-10B-4 - Office of Water Resources Created.

Section 9-10B-4
Office of Water Resources created.
There is hereby created the Alabama Office of Water Resources as a division of the Department of Economic and Community Affairs.
(Acts 1993, No. 93-44, p. 78, §5.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10B - Alabama Water Resources. › Section 9-10B-6 - Negotiation and Consummation of Interstate Compacts.

Section 9-10B-6
Negotiation and consummation of interstate compacts.
The Office of Water Resources shall act on behalf of the state in the negotiation and consummation of any compact with another state or states (with or without federal interests) concerning the waters of the state; provided, however, the consummation of any such compact is subject to confirmation by an act of the Legislature and approval of the Governor.
(Acts 1993, No. 93-44, p. 78, §7.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10B - Alabama Water Resources. › Section 9-10B-7 - Office Headed by Division Chief.

Section 9-10B-7
Office headed by division chief.
The Office of Water Resources shall be headed by and shall be under the direction, supervision, and control of an officer who shall be known and designated as the Division Chief of the Alabama Office of Water Resources. The division chief shall be appointed by the director, with the approval of the Governor, and shall report to, and be under the direct supervision of, the director. The division chief shall be a person knowledgeable in the fields of water resource management, development, and conservation. The division chief shall be a state Merit System employee. The salary of the division chief shall be set in accordance with state law. Vacancies in the position of division chief shall be filled in the same manner as set forth above; provided, however, that prior to the appointment and approval of a division chief, the director may appoint an acting division chief or may assume the responsibilities of, and serve in the capacity as, division chief until a division chief is selected in accordance with the provisions of this chapter.
(Acts 1993, No. 93-44, p. 78, §8.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10B - Alabama Water Resources. › Section 9-10B-8 - Power and Authority of Division Chief.

Section 9-10B-8
Power and authority of division chief.
The division chief shall have the power and authority necessary to carry out the functions and duties of the Office of Water Resources. All functions and duties of the Office of Water Resources shall be exercised by the division chief or through such officers or employees as the division chief may designate. In the performance of such functions and duties and in the exercise of such powers and authorities, the division chief and all other officers and employees of the Office of Water Resources shall be subject to all legal requirements, restrictions, limitations, conditions, and penalties, whether civil or criminal, with respect to the performance of such functions and duties and the exercise of such powers and authorities.
(Acts 1993, No. 93-44, p. 78, §9.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10B - Alabama Water Resources. › Section 9-10B-9 - Recommendation of Proposed Rules by Division Chief.

Section 9-10B-9
Recommendation of proposed rules by division chief.
The division chief, from time to time, may recommend to the commission proposed rules and regulations, including amendments and repeals thereof, for consideration by the commission. All such rules and regulations shall be reasonably calculated to effect the expeditious and efficient performance of the functions and duties of the Office of Water Resources and shall not be in conflict with applicable statutes, rules, or regulations.
(Acts 1993, No. 93-44, p. 78, §10.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10B - Alabama Water Resources. › Section 9-10B-10 - Establishment of Technical or Other Advisory Committees.

Section 9-10B-10
Establishment of technical or other advisory committees.
The division chief may establish such technical or other advisory committees to assist the commission or the Office of Water Resources in the performance of its functions and duties.
(Acts 1993, No. 93-44, p. 78, §11.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10B - Alabama Water Resources. › Section 9-10B-11 - Determination of Number of Employees Needed.

Section 9-10B-11
Determination of number of employees needed.
The division chief shall, with the approval of the director and subject to the provisions of the state Merit System, determine the number of employees needed for the efficient and economical performance of the functions and duties of the Office of Water Resources.
(Acts 1993, No. 93-44, p. 78, §12.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10B - Alabama Water Resources. › Section 9-10B-13 - Terms of Members of Commission.

Section 9-10B-13
Terms of members of commission.
The terms of the initial members of the commission shall begin on February 23, 1993 and shall be as follows:
(1) Five of the members appointed by the Governor shall be selected by the Governor to serve for a period of two years;
(2) Four of the members appointed by the Governor shall be selected by the Governor to serve for a period of six years;
(3) Three of the members appointed by the Lieutenant Governor shall be selected by the Lieutenant Governor to serve for a period of four years;
(4) Two of the members appointed by the Lieutenant Governor shall be selected by the Lieutenant Governor to serve for a period of six years;
(5) Three of the members appointed by the Speaker of the House of Representatives shall be selected by the Speaker of the House of Representatives to serve for a period of four years; and
(6) Two of the members appointed by the Speaker of the House of Representatives shall be selected by the Speaker of the House of Representatives to serve for a period of six years.
(Acts 1993, No. 93-44, p. 78, §14.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10B - Alabama Water Resources. › Section 9-10B-14 - Expiration of Term or Vacancy on Commission; Succession; Appointment.

Section 9-10B-14
Expiration of term or vacancy on commission; succession; appointment.
At the expiration of the terms of the members initially appointed to the commission, their successors shall be appointed by the Governor, the Lieutenant Governor, and Speaker of the House of Representatives on the same basis as the initial members for terms of six years. No member of the commission may serve more than two full six-year terms. At the expiration of a term of office or in the event of a vacancy on the commission, the appropriate appointing authority shall promptly make an appointment to fill the vacancy for the remainder of the vacating member's term. The expiring term of an incumbent member shall be continued until a successor is appointed. Notwithstanding the foregoing, the term of each successor to a member of the commission, including any initial member of the commission who is reappointed by the appropriate appointing authority, shall be deemed to begin on the day following the last day of the term of the member whose term has expired or is otherwise terminated regardless of the time such appointment is made. Any member of the commission who misses three consecutive meetings of the commission shall immediately cease to be a member thereof and the appropriate appointing authority shall appoint a new member to complete the remainder of the term of such member.
(Acts 1993, No. 93-44, p. 78, §15.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10B - Alabama Water Resources. › Section 9-10B-15 - Chairperson of Commission; Length of Term; Successor.

Section 9-10B-15
Chairperson of commission; length of term; successor.
The Governor shall select the initial chairperson of the commission from among the members of the commission. The chairperson shall serve for a term of two years. After the expiration of the term of the chairperson initially appointed, the commission shall elect a successor from among the members of the commission; provided, however, that any subsequent chairperson shall serve at least two years on the commission before assuming the position of chairperson. In the event that no member of the commission has served for more than two years in such capacity, the commission shall elect a chairperson from among the members of the commission.
(Acts 1993, No. 93-44, p. 78, §16.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10B - Alabama Water Resources. › Section 9-10B-16 - Duties of Commission.

Section 9-10B-16
Duties of commission.
The commission shall have the following duties:
(1) To advise the Governor and the presiding officers of the Senate and House, as necessary or as requested, on all matters related to the waters of the state as provided in this chapter;
(2) To provide guidance to the director and the division chief on all matters within the commission's scope of authority;
(3) To advise in the formulation of policies, plans, and programs of the Office of Water Resources in the performance of its functions and duties;
(4) To establish, adopt, promulgate, modify, repeal, and suspend any rules or regulations authorized pursuant to this chapter which may be applicable to the state as a whole or any of its geographical parts and to consider the adoption of any rule or regulation recommended by the division chief;
(5) To advise the Office of Water Resources to implement policies, plans, and programs governing the waters of the state; and
(6) To hear and determine appeals of administrative actions of the Office of Water Resources, including the administration of certificates of use or the issuance, modification, or repeal of any order, notice of violation or citation issued pursuant to subdivisions (17), (18) or (19) of Section 9-10B-5.
(Acts 1993, No. 93-44, p. 78, §17.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10B - Alabama Water Resources. › Section 9-10B-17 - Remuneration of Commission; Meetings; Division Chief as Ex Officio Secretary.

Section 9-10B-17
Remuneration of commission; meetings; division chief as ex officio secretary.
(a) The members of the commission shall receive no salary or compensation as members of such commission, but shall be reimbursed for expenses of travel, meals, and lodging while in the performance of their duties as members of such commission in accordance with Article 2, Chapter 7, Title 36.
(b) The commission shall hold regular meetings at least twice every calendar year at the time and place designated by the chairperson of the commission. Special meetings of the commission may be called at the discretion of the chairperson of the commission and shall be called by the chairperson of the commission upon written request of the division chief or three members of the commission requesting that the commission consider any matter within its authority. All members shall be notified of the time and place designated for any regular or special meeting at least five days prior to such meeting in any of the following ways:
(1) By written notice mailed to the member's last known address.
(2) By telegram.
(3) By telephone.
(c) The division chief shall serve as ex officio secretary of the commission and shall keep minutes of all meetings and a record of all proceedings of the commission. The division chief shall receive no additional compensation for such services.
(Acts 1993, No. 93-44, p. 78, §18.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10B - Alabama Water Resources. › Section 9-10B-18 - Adoption of Rules and Regulations for Operation of Commission; Administrative Hearings.

Section 9-10B-18
Adoption of rules and regulations for operation of commission; administrative hearings.
As soon as reasonably practicable, but in no event later than one year from February 23, 1993, the commission shall adopt rules and regulations for the operation of the commission. The commission shall also adopt rules governing all administrative hearings and appeals involving the commission and the Office of Water Resources.
(Acts 1993, No. 93-44, p. 78, §19.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10B - Alabama Water Resources. › Section 9-10B-22 - Implementation of Use Restriction Alternatives; Conditions, Limitations, or Restrictions on Certificate of Use.

Section 9-10B-22
Implementation of use restriction alternatives; conditions, limitations, or restrictions on certificate of use.
(a) Upon the designation of any area of the state as a capacity stress area where the commission specifically finds the implementation of a use restriction alternative is necessary because the aggregate existing or reasonably foreseeable uses of the waters of the state in such an area exceed or will exceed the availability of such waters and is required to protect the availability of the waters of the state within such area, the commission shall immediately initiate rule-making procedures to consider appropriate conditions or limitations applicable to all certificates of use within such area; provided, however, that the commission shall not adopt or promulgate any rule or regulation with respect to any capacity stress area without the concurrence of 13 of the members of the commission. Any such conditions or limitations shall be confined to matters necessary for the protection of the beneficial use of the waters of the state. In addition to any other requirement of law, the notice of rule-making shall be sent by certified mail, return receipt requested, to each person within such area holding a certificate of use. The notice of rule-making shall include a description of the actions proposed by the commission, including the duration thereof, in the capacity stress area.
(b) Any rules or regulations proposed under this section shall consider fully all relevant matters prior to the adoption of any conditions, limitations, or restrictions upon any certificate of use within a capacity stress area. Such matters shall include, but shall not be limited to: the uses of water under each certificate of use within such area; the quantity of any water returned by each holder of a certificate of use to the capacity stress area; the reasonably foreseeable impacts to the economic or other interests of the state as a result of the imposition of any conditions, limitations, or restrictions upon each certificate of use; and the effect of such conditions, limitations, or restrictions upon the status of such area as a capacity stress area.
(c) Every 12 months, or sooner if necessary or requested by the division chief, the commission shall confirm the conditions applicable to a capacity stress area to determine what, if any, modifications to the designation of the capacity stress area are appropriate.
(Acts 1993, No. 93-44, p. 78, §23.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10B - Alabama Water Resources. › Section 9-10B-23 - Authority of Alabama Department of Environmental Management to Implement and Enforce Rules and Regulations.

Section 9-10B-23
Authority of Alabama Department of Environmental Management to implement and enforce rules and regulations.
(a) In the event the commission adopts or promulgates any rules or regulations limiting or reducing the quantity of water available to a person holding a certificate of use, the implementation and enforcement of such rules and regulations shall be under the direction of the Alabama Department of Environmental Management.
(b) The Alabama Department of Environmental Management and the Alabama Environmental Management Commission are hereby expressly authorized to perform the following duties and functions with respect to the implementation and enforcement of the rules and regulations adopted by the commission:
(1) To receive copies of all reports or other documents submitted to the Office of Water Resources by holders of certificates of use within a capacity stress area;
(2) Acting through the Alabama Department of Environmental Management, to issue an order assessing a civil penalty against any person in violation of any condition, limitation, or restriction of a certificate of use promulgated by the commission pursuant to Section 9-10B-22; provided, however, that all such orders shall be consistent with, and subject to the limitations set forth in, subdivision (19) of Section 9-10B-5;
(3) To recommend to the Office of Water Resources or the commission actions to be taken within a capacity stress area or modifications, amendments, or repeals of any rules or regulations adopted by the commission regarding a capacity stress area;
(4) Acting through the Alabama Environmental Management Commission, to hear administrative appeals of any order issued by the Alabama Department of Environmental Management pursuant to this section; and
(5) Acting through the Alabama Environmental Management Commission, to adopt such rules and regulations as reasonably necessary to perform the functions authorized pursuant to this section; provided, however, that no such rules or regulations shall conflict or be inconsistent with the rules or regulations adopted by the commission in designating a capacity stress area.
(Acts 1993, No. 93-44, p. 78, §24.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10B - Alabama Water Resources. › Section 9-10B-24 - Alabama Water Resources Council Established; Composition of Members; Advisory Capacity.

Section 9-10B-24
Alabama Water Resources Council established; composition of members; advisory capacity.
There is hereby established the Alabama Water Resources Council. The Water Resources Council shall act in an advisory capacity to the Office of Water Resources and shall be comprised of one representative appointed by each of the following entities: The Alabama Department of Conservation and Natural Resources, the Alabama Department of Environmental Management, the Alabama Department of Public Health, the Soil and Water Conservation Committee, the Alabama State Port Authority, the Geological Survey of Alabama, and the Water Resource Research Institute. From time to time, the division chief may request any other state agency to appoint a representative to the Water Resources Council. The Water Resources Council shall advise the Office of Water Resources on all matters concerning the waters of the state.
(Acts 1993, No. 93-44, p. 78, §25.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10B - Alabama Water Resources. › Section 9-10B-25 - Considerations When Designating Capacity Stress Areas; Authority of Local Organizations to Implement Proposed Actions.

Section 9-10B-25
Considerations when designating capacity stress areas; authority of local organizations to implement proposed actions.
During the designation of a capacity stress area, the commission shall give due consideration to any hydrologic boundaries or other geographical considerations in designating an area of the state as a capacity stress area. In addition, the commission shall determine whether any local organization, including, but not limited to, watershed management authorities, conservancy districts, or soil and water conservation districts, are duly organized and authorized to implement the proposed actions in a capacity stress area other than those actions delegated to the Alabama Department of Environmental Management pursuant to Section 9-10B-23. In the absence of local organizations or in the event any such local organizations do not have the authority or are not authorized to take the action proposed within the capacity stress area, the Office of Water Resources shall implement such actions promulgated and adopted by the commission; provided, however, the Office of Water Resources shall recognize, cooperate, and coordinate with any such local organizations involved with the management, conservation, protection, enhancement, and development of the waters of the state within the capacity stress area.
(Acts 1993, No. 93-44, p. 78, §26.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10B - Alabama Water Resources. › Section 9-10B-26 - Effect of Chapter on Other State Departments and Agencies.

Section 9-10B-26
Effect of chapter on other state departments and agencies.
Nothing in this chapter shall be interpreted as negating, destroying, impairing, preempting, or superseding any statutory, common law, or other legal right, duty, power, or authority of the Alabama Department of Environmental Management, the Alabama Department of Conservation and Natural Resources, the Alabama Department of Public Health, the Geological Survey of Alabama or any other agency or department of this state.
(Acts 1993, No. 93-44, p. 78, §27.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10B - Alabama Water Resources. › Section 9-10B-27 - Effect of Chapter on Water Use Rights of Riparian Land Owners.

Section 9-10B-27
Effect of chapter on water use rights of riparian land owners.
Nothing contained in this chapter shall change or modify existing common or statutory law with respect to the rights of existing or future riparian owners concerning the use of the waters of the state.
(Acts 1993, No. 93-44, p. 78, §28.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10B - Alabama Water Resources. › Section 9-10B-28 - Expenditure of Appropriations.

Section 9-10B-28
Expenditure of appropriations.
All appropriations to the Alabama Office of Water Resources shall be expended by the Office of Water Resources and Water Resources Commission for only those purposes authorized by this chapter. All penalties collected pursuant to this chapter shall be deposited in the General Fund. Subsequent appropriations may be made in conjunction with appropriations to the department.
(Acts 1993, No. 93-44, p. 78, §29.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10B - Alabama Water Resources. › Section 9-10B-29 - Charging Fees or Taxes.

Section 9-10B-29
Charging fees or taxes.
The Office of Water Resources and the Alabama Water Resources Commission shall not charge or collect any fees or taxes from any person as a result of this chapter or of the powers granted to the Office of Water Resources or the Alabama Water Resources Commission, unless expressly authorized by the Legislature.
(Acts 1993, No. 93-44, p. 78, §30.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10B - Alabama Water Resources. › Section 9-10B-30 - Application of Alabama Administrative Procedure Act.

Section 9-10B-30
Application of Alabama Administrative Procedure Act.
It is the intent of the Legislature that the Office of Water Resources and the Alabama Water Resources Commission shall be subject to all provisions of the Alabama Administrative Procedure Act, Chapter 22, Title 41.
(Acts 1993, No. 93-44, p. 78, §31.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10C - Alabama Drought Planning and Response Act. › Section 9-10C-2 - Definitions.

Section 9-10C-2
Definitions.
As used in this chapter, the following words shall have the following meanings:
(1) ADAPT. The Alabama Drought Assessment and Planning Team as created by this chapter.
(2) ADECA. The Alabama Department of Economic and Community Affairs.
(3) ADCNR COMMISSIONER. The Commissioner of the Alabama Department of Conservation and Natural Resources.
(4) ADEM DIRECTOR. The Director of the Alabama Department of Environmental Management.
(5) AEMA DIRECTOR. The Director of the Alabama Emergency Management Agency.
(6) ALABAMA ADJUTANT GENERAL. The Commanding General of the Alabama National Guard.
(7) AGI COMMISSIONER. The Commissioner of the Alabama Department of Agriculture and Industries.
(8) COMMUNITY PUBLIC WATER SYSTEM. A public water system which serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents.
(9) DROUGHT CONSERVATION PLAN. A written plan that addresses graduated drought response procedures with implementation of specific measures based on drought severity. The drought conservation plan may be a separate plan or a component of a broader emergency response plan.
(10) DROUGHT DECLARATION. A written summary, issued by OWR, containing a description of drought conditions throughout the state.
(11) DROUGHT EMERGENCY. A written declaration by the Governor that drought conditions in all or any part of the state are of such severity that public health or safety is threatened.
(12) DROUGHT MONITOR. The assessment of drought conditions throughout the United States published weekly by the National Integrated Drought Information System (NIDIS) on the "drought.gov" domain or its successor.
(13) EMERGENCY ACTION PLAN. A written emergency response plan.
(14) MIG. The Monitoring and Impact Group Subcommittee of ADAPT as created by this chapter.
(15) MIG CHAIR. The Chair of the Monitoring and Impact Group Subcommittee as created by this chapter.
(16) OFFICE OF WATER RESOURCES DIVISION DIRECTOR. The Division Director of the Office of Water Resources.
(17) OFFICE OF WATER RESOURCES or OWR. The Alabama Office of Water Resources, a division of the Alabama Department of Economic and Community Affairs.
(18) STATE CLIMATOLOGIST. The State Climatologist of Alabama as appointed by the Governor and qualified to meet the roles and standards established by the American Association of State Climatologists as a Recognized State Climate Office.
(19) STATE FORESTER. The Director of the Alabama Forestry Commission.
(20) STATE GEOLOGIST. The Director of the Geological Survey of Alabama.
(Act 2014-400, p. 1466, §2.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10C - Alabama Drought Planning and Response Act. › Section 9-10C-3 - Drought Plan.

Section 9-10C-3
Drought plan.
(a) The Office of Water Resources shall publish a drought plan for the State of Alabama which shall include as a minimum the following:
(1) Procedures for defining drought levels.
(2) ADAPT and MIG operating procedures.
(3) Drought-related information collection, storage, and dissemination procedures.
(4) Procedures related to the issuance of drought declarations.
(5) Procedures for the development of inputs to the drought monitor.
(6) Measures that encourage water conservation and efficiency throughout the state.
(7) Public information and outreach on drought related programs and conditions.
(b) The plan shall be updated periodically but no less than every five years.
(c) Upon adoption by the state of any statewide legislation addressing water resource planning or policy, OWR shall review the drought plan and no later than 180 days following the adoption of the legislation shall make any changes in the plan necessary to ensure it is consistent with that legislation.
(Act 2014-400, p. 1466, §3.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10C - Alabama Drought Planning and Response Act. › Section 9-10C-5 - State Climatologist to Provide Input Regarding Drought Conditions.

Section 9-10C-5
State Climatologist to provide input regarding drought conditions.
The State Climatologist, in coordination with the Office of Water Resources, shall be responsible for providing an input to the drought monitor concerning drought conditions in this state. The input shall be consistent with any drought declarations issued by the Office of Water Resources. The state drought plan shall include provisions for this coordination process.
(Act 2014-400, p. 1466, §5.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10C - Alabama Drought Planning and Response Act. › Section 9-10C-6 - Drought Conservation Plans.

Section 9-10C-6
Drought conservation plans.
Each community public water system shall develop a drought conservation plan which addresses graduated drought response procedures with implementation of specific measures based on drought severity. The drought conservation plan may be a separate plan or a component of a broader emergency action plan. The procedures or plans shall include appropriate enforcement mechanisms. Copies of all plans shall be submitted to the Office of Water Resources, and it shall provide copies of the plan to ADEM upon its request.
(Act 2014-400, p. 1466, §6.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10C - Alabama Drought Planning and Response Act. › Section 9-10C-7 - Restrictions or Reductions in Water Use; Clearinghouse for Drought-Related Information.

Section 9-10C-7
Restrictions or reductions in water use; clearinghouse for drought-related information.
If a community public water system implements voluntary or mandatory restrictions or reductions in water use, the system shall report these actions to the Office of Water Resources. The Office of Water Resources shall also have the authority to require the reporting of other information, such as the status of local water supplies and sources. The Office of Water Resources shall maintain an information clearinghouse for this and other drought-related information and make the information available via the Internet or other appropriate means.
(Act 2014-400, p. 1466, §7.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10C - Alabama Drought Planning and Response Act. › Section 9-10C-8 - Drought Declarations.

Section 9-10C-8
Drought declarations.
The Office of Water Resources, with the advice and input from ADAPT, shall have the authority to issue drought declarations. These drought declarations shall provide information on where drought conditions are affecting this state, and the severity of those conditions. The drought declaration shall be based on a number of factors including, but not limited to, meteorological conditions, stream flow levels, reservoir elevations, soil moisture conditions, ground water levels, weather forecasts, as well as impacts to agriculture, water supplies, industry, recreation, and fish and wildlife habitats.
(Act 2014-400, p. 1466, §8.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10C - Alabama Drought Planning and Response Act. › Section 9-10C-9 - State of Emergency.

Section 9-10C-9
State of emergency.
Pursuant to the Governor's emergency powers, other powers granted by law, and this chapter he or she may issue a state of emergency and exercise the rights, powers, privileges, immunities, and responsibilities provided by the Alabama Emergency Management Act of 1955, commencing with Section 31-9-1. A declared state of emergency related to the drought conditions may also include executive orders to require restrictions or reductions of water withdrawals, allocating water on an equitable basis, or both. Any executive order restricting or reducing water withdrawals will specify the specific geographic area involved, conditions of the restriction, and the amount of the withdrawal reductions. These emergency executive orders may continue so long as conditions giving rise to the declaration of a drought emergency continue to threaten public health or safety.
(Act 2014-400, p. 1466, §9.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10C - Alabama Drought Planning and Response Act. › Section 9-10C-10 - Rulemaking Authority.

Section 9-10C-10
Rulemaking authority.
The Office of Water Resources may promulgate and adopt rules consistent with the objectives of this chapter.
(Act 2014-400, p. 1466, §10.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 1 - General Provisions. › Section 9-11-1 - Definitions.

Section 9-11-1
Definitions.
As used in this chapter, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) HEREIN, HEREAFTER and HEREOF. Unless otherwise especially restricted or enlarged, the terms refer to the whole of the conservation laws of this state.
(2) OFFICER. The term includes every person authorized to enforce the game and fish laws of this state, and whenever the possession, use, importation, transportation, storage, sale, offering, or exposing for sale of game birds, animals, or fish is prohibited or restricted, the prohibition or restriction shall extend to and include every part of the game, bird, animal, or fish, and a violation as to each animal, bird, or fish, or part thereof, shall be a separate offense.
(3) THIS CHAPTER or PROVISIONS OF THIS CHAPTER. The words shall be taken and construed to include all rules and regulations of the Commissioner of Conservation and Natural Resources passed under and by the authority provided in the game and fish laws of this state.
(4) WARDEN. The game and fish warden or agent provided for in the game and fish laws of this state.
(Acts 1935, No. 240, p. 632, §46; Code 1940, T. 8, §45; Act 2018-201, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 1 - General Provisions. › Section 9-11-2 - Acquisition of Lands for State Game Lands; Erection, etc., of Buildings for Propagation of Game, Birds or Fish.

Section 9-11-2
Acquisition of lands for state game lands; erection, etc., of buildings for propagation of game, birds or fish.
The Commissioner of Conservation and Natural Resources may with the consent and approval of the Governor by lease, gift or otherwise acquire title to or control over lands within the state suitable for protection and propagation of game and fish or for public hunting and fishing purposes or to be used otherwise as provided in this chapter, to be known as state game lands. The director may purchase, erect and equip such buildings as may be deemed necessary for propagating game, birds or fish; provided, however, that all purchases made under the powers conferred in this section shall be subject to the provisions of Chapters 4 and 5 of Title 41.
(Acts 1935, No. 240, p. 632, §24; Code 1940, T. 8, §25.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 1 - General Provisions. › Section 9-11-3 - Title and Deeds to Acquired Lands; Supervision of Same.

Section 9-11-3
Title and deeds to acquired lands; supervision of same.
The title to any land acquired by gift or otherwise shall first be approved by the Attorney General, and such title shall vest in the state. The deed to any such lands shall be recorded in the county where such land lies and shall be deposited with the Commissioner of Conservation and Natural Resources. The supervision of and over such lands shall be under the control of the Commissioner of Conservation and Natural Resources.
(Acts 1935, No. 240, p. 632, §25; Code 1940, T. 8, §26.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 1 - General Provisions. › Section 9-11-4 - State Game Refuges or Sanctuaries; Shooting Preserves, Game Refuges, etc., in National Forests, Etc.

Section 9-11-4
State game refuges or sanctuaries; shooting preserves, game refuges, etc., in national forests, etc.
The Commissioner of Conservation and Natural Resources may on approval of the Governor establish and maintain state game refuges or sanctuaries for the protection, preservation or propagation of game birds, animals or fish on all or any portion of lands or waters held in fee or trust under lease by the state, and game birds, animals or fish shall not be hunted, pursued, disturbed or molested thereon at any time. The Commissioner of Conservation and Natural Resources may also, by and with the consent of the federal authorities, maintain, develop and cause to be utilized for hunting state shooting preserves, game refuges and sanctuaries in national forests or other federal owned lands.
(Acts 1935, No. 240, p. 632, §26; Code 1940, T. 8, §27.)