reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-39 - Bonds - Payment of Principal and Interest.

Section 9-9-39
Bonds - Payment of principal and interest.
The principal and interest of bonds issued under this article shall be payable at such place or places as the board of commissioners may designate. At least two weeks before the principal and interest of any bonds are due and payable, it shall be the duty of the treasurer of the water management district to forward to the place of payment named in such bonds an amount sufficient to meet the principal and interest thereon coming due together with the customary fee of such paying back, not to exceed one fourth of one percent. It shall be the duty of the board of water management commissioners in making the annual tax levy as provided in this article to take into account the maturing bonds and interest on all bonds and to make ample provisions in advance for the payment thereof. In case the proceeds of the original tax levy made under the provisions of this article are not sufficient to pay the principal and interest of all the bonds issued thereunder, then the board of water management commissioners shall make such additional levy or levies upon the benefits assessed as are necessary for this purpose and may issue additional bonds in like manner as in the first instance; provided, that the total tax levies, exclusive of maintenance taxes or taxes levied to pay the interest on bonds, shall not exceed 90 percent of the benefits assessed.
(Acts 1965, No. 685, p. 1246, §32.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-41 - Bonds of District Employees, Etc.

Section 9-9-41
Bonds of district employees, etc.
Bonds in behalf of the district for the safekeeping of funds and faithful performance of their respective duties and obligations shall be given by each of the commissioners, the engineer, if any, the attorney, the secretary, the treasurer and all other persons who may handle funds of the district and by such persons, firms or corporations having contracts with the district as the commissioners may require. The amount of the bonds and the sureties of the commissioners shall be subject to the approval of the court of probate. The amount of bonds and the sureties of the treasurer, the attorney, the secretary, the engineer, if any, and the contractors shall be subject to the approval of the board of water management commissioners. All bonds of district officials shall be placed with the court of probate and the bonds of contractors with the secretary of the district. The amount of the bonds of any person who handles district funds or of a collector of district taxes shall be determined by the board of water management commissioners. Sureties on such bonds may be individuals or corporations, and the fees for all bonds required of officers and of other persons handling funds of the district shall be paid by the district as part of administration expenses.
(Acts 1965, No. 685, p. 1246, §34.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-42 - Construction of Improvements Under Water Management Plan - Authority and Procedure for Letting Contracts.

Section 9-9-42
Construction of improvements under water management plan - Authority and procedure for letting contracts.
The board of water management commissioners may secure and use men, equipment and materials under the supervision of the water management engineer to construct, excavate and complete all or any of the works of improvements which may be needed to carry out the plan of water management, or it may, in its discretion, let contracts therefor, either as a whole or in part. The board of commissioners shall fix the time and place of letting contracts for the construction of the improvements and cause notice thereof, containing a description of the work to be let, to be made by publication in three consecutive issues of some weekly newspaper (if such there be) of general circulation published in the county in which the district is organized and by at least one insertion in some contractor's or trade journal and by such additional publication elsewhere as the board of water management commissioners may deem expedient, the last insertion to be at least 10 days before the day of the letting. On the date appointed for the letting, the board of water management commissioners together with the water management engineer shall convene and let the proposed work either in whole or in sections as they may deem most advantageous for the district. They shall have the right to reject any and all bids and to readvertise the work if in their judgment the interests of the district will be served by so doing. The successful bidder shall be required to enter into contract with the board of commissioners and to execute a bond for the faithful performance of such contract with sufficient sureties in favor of the water management district in an amount not less than 25 percent of the estimated cost of the work awarded to him. The contract shall be based on the plans and specifications submitted by the engineer or other competent authority in the final report as adopted by the board of water management commissioners, the original of which shall remain on file in the office of the court of probate and shall be open to inspection by all prospective bidders. All bids shall be submitted sealed and shall not be opened except under the authority of the board of water management commissioners and on the date and at the hour therefor appointed for opening the bids. In case the water management commissioners are installing the works of improvement with the assistance of some organization or agency, engineering and other assistance necessary in connection with letting contracts or otherwise installing the works of improvement may be furnished by the cooperating organization or agency. In such case, the letting of contracts will be handled in a manner agreeable to both the water management commissioners and the organization or agency involved.
(Acts 1965, No. 685, p. 1246, §35.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-43 - Construction of Improvements Under Water Management Plan - Duties of Water Management Engineer; Payment of Contractor.

Section 9-9-43
Construction of improvements under water management plan - Duties of water management engineer; payment of contractor.
The water management engineer shall have charge of the construction of the plan of water management. He shall make monthly estimates of the amount of work done and shall furnish one copy to the contractor and file the other with the secretary of the board of commissioners, and the commissioners shall within five days after the filing of such estimates meet and direct the secretary to draw a warrant in favor of such contractor for not more than 90 percent of the work done according to the specifications and contract; and, upon the presentation of such warrant, properly signed by the president and secretary, to the treasurer of the district, he shall pay the amount due thereon. When the work is fully completed and accepted by the water management engineer, he shall make an estimate for the whole amount due, including the amounts withheld on previous monthly estimates, which shall be paid from the water management fund as provided in this section. In case the water management district installs the works of improvement with the assistance of some organization or agency, engineering services may be furnished by the cooperating organization or agency as set out above, with any additional duties being performed as required due to the two groups working together.
(Acts 1965, No. 685, p. 1246, §36.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-44 - Construction of Improvements Under Water Management Plan - Default of Contractor.

Section 9-9-44
Construction of improvements under water management plan - Default of contractor.
If any contractor to whom said work shall have been let shall fail to perform the same according to the terms specified in his contract, the board of water management commissioners may declare the contract forfeited and shall have a right of action against the contractor and the sureties on his bond for the amount of damage sustained by it.
(Acts 1965, No. 685, p. 1246, §37.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-45 - Construction of Improvements Under Water Management Plan - Contractor's Right of Entry Upon Lands, Etc.

Section 9-9-45
Construction of improvements under water management plan - Contractor's right of entry upon lands, etc.
In the construction of the works of improvement, the contractor shall have the right to enter upon the lands necessary for this purpose and the right to remove private or public bridges or fences and to cross private lands in going to or from the work. In case the right-of-way of the improvement is through timber, the owner thereof shall have the right to remove it if he so desires before the work of construction begins.
(Acts 1965, No. 685, p. 1246, §36.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-46 - Cost of Construction, etc., of Bridges and Culverts When Public Ditch, Drain or Watercourse Crosses Public Highway.

Section 9-9-46
Cost of construction, etc., of bridges and culverts when public ditch, drain or watercourse crosses public highway.
Where any public ditch, drain or watercourse established under the provisions of this article crosses a public highway at the intersection of such highway with a natural watercourse or swale through which water flows during a period of high water, the cost of bridges or of repairing or enlarging existing bridges and culverts or of constructing new ones shall be borne by the county in which such bridges are located or by such other authority as is required by law to maintain such highway so intersected, and such bridges or culverts shall thereafter be maintained by such county or other authorities. Where any public ditch, drain or watercourse established under the provisions of this article crosses a public highway at a point where such highway does not intersect a natural watercourse or swale, the cost of constructing the new bridge required shall be borne by the water management district, and such bridge or culvert shall thereafter be maintained by and at the expense of the county or such other authority required by law to maintain such highway so intersected.
(Acts 1965, No. 685, p. 1246, §39.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-47 - Construction of Improvements Crossing Railroad Right-of-Way.

Section 9-9-47
Construction of improvements crossing railroad right-of-way.
After a district has let a contract for work which crosses or traverses a railway right-of-way and the actual construction is commenced, the engineer in charge of construction shall notify the railroad company of the probable time at which the contractor will be ready to enter upon the right-of-way of said road and construct the work thereon. It shall be the duty of the said railroad to send a representative to view the ground with the engineer and arrange the exact time at which such work can be most conveniently done. At the time agreed upon, the said railroad company shall remove its rails, ties, stringers and such other obstructions as may be necessary to permit the excavation or construction of the channel or other work of improvement across its right-of-way. The work shall be so planned and conducted as to interfere in the least possible manner with the business of the said railroad. In case the railroad company refuses and fails to remove its track or tracks so as to permit the construction of the work on its right-of-way and the passage of the necessary equipment of the contractor, it shall be held as delaying the construction of the improvement, and such company shall be liable to a penalty of $100.00 per day for each day of delay to be collected by the board of water management commissioners for the benefit of the water management district as in case of other penalties. Such penalty may be recovered in any court of competent jurisdiction and shall inure to the benefit of the water management district. Within 30 days after work is completed, an itemized bill for the actual expenses incurred by the railroad company for opening its tracks shall be made and presented to the engineer of the water management district. Such bills, however, shall not include the cost of constructing a new bridge or of strengthening or enlarging an old one except as provided in this article. The engineer shall audit this bill and, if found correct, approve the same and file it with the secretary of the board of water management commissioners who shall reimburse the said railroad company for such expense.
(Acts 1965, No. 685, p. 1246, §40.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-48 - Control and Supervision of Completed Improvements; Annual Tax for Repairs and Maintenance; Payment of Costs of Repairs and Maintenance; Injury, Damage or Obstruction of Improvements.

Section 9-9-48
Control and supervision of completed improvements; annual tax for repairs and maintenance; payment of costs of repairs and maintenance; injury, damage or obstruction of improvements.
Whenever any improvement constructed under this article is completed, it shall be under the control and supervision of the board of water management commissioners. It shall be the duty of said board to maintain the levees, ditches, drains, watercourses, floodwater retarding structures and any other improvements in good repair, and for this purpose the board of water management commissioners may annually levy a tax on the lands benefited by the construction of such improvement in the same manner as other water management taxes are levied, not to exceed 10 percent of the assessed benefits in any one year, and the fund that is collected shall be used for repairing and maintaining the ditches, drains, watercourses, floodwater retarding structures and other improvements in perfect order; provided, however, that if any repairs are made necessary by the act of negligence of the owner of any land through which such improvement is constructed or by the act of negligence of his agent, tenant or employee or if the same is caused by the cattle, hogs or other livestock of said owner, tenant, employee or agent, then the cost thereof shall be assessed and levied against the lands of the owner alone to be collected by proper civil action instituted by the water management commissioners; provided further, that when it shall become necessary to repair any railroad bridge or construct a new railroad bridge by reason of enlarging any watercourse or of excavating any canal intersection or by reason of wear and tear and natural deterioration of such bridge or structure, such repairs, maintenance and improvement shall be made at the expense of the said railroad. It shall be unlawful for any person to injure or damage or obstruct any improvements constructed under the provisions of this article without securing the prior written consent of the board of water management commissioners, and any person causing any injury, damage or obstruction or building any bridge, fence or floodgate without the consent of the board of water management commissioners shall be deemed guilty of a misdemeanor.
(Acts 1965, No. 685, p. 1246, §41.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-49 - Rights of Landowners as to Use of Drains, Watercourses, etc., as Outlets for Lateral Drains From Lands.

Section 9-9-49
Rights of landowners as to use of drains, watercourses, etc., as outlets for lateral drains from lands.
The owner of any land that has been assessed for the cost of the construction of any ditch, drain, watercourse or other improvement as provided in this article shall have the right to use the ditch, drain or watercourse as an outlet for lateral drains from said land; and, if said land is separated from the ditch, drain, watercourse or other drainage improvement by the land of another or others and the owner thereof shall be unable to agree with said other or others as to the terms and conditions on which he may enter their lands and construct said drain or ditch, he may petition to condemn the same and the same proceeding shall be had as in cases of condemnation under the right of eminent domain. When the drain is constructed it shall become a part of the drainage system and shall be under the control of the board of water management commissioners and be kept in repair by the board as provided in this article.
(Acts 1965, No. 685, p. 1246, §42.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-50 - Annexation of Land to District.

Section 9-9-50
Annexation of land to district.
Any body of land, however large, contiguous or adjacent to a water management district organized under this article may be annexed thereto and made a part thereof, the same as if originally included therein, upon petition of one third or more of the landowners owning 50 percent or more in acreage of the real property to be annexed or upon the petition of one half or more of the owners of the real property to be annexed owning more than one third of the area to be annexed. Such petition and all the proceedings relative thereto shall conform as nearly as may be with the provisions of this article for the filing of the petition for the organization of a water management district and shall be filed with the court of probate having jurisdiction over the district to which annexation is sought. Upon filing of such petition, the court shall direct the board of water management commissioners of said district to cause surveys and a report to be made by the district engineer or other competent authority as to whether or not the purposes of the petition for annexation can be accomplished and in what manner the works and property of the existing district would be affected and to file the report together with the recommendations of the board of water management commissioners thereon with the court of probate. Upon the filing of the report by the board of water management commissioners, notice shall be given by the court of probate as for a hearing of a petition for the organization of a district. Upon such hearing, if the court shall find that it will be for the public health, convenience or welfare to annex said lands and to carry out the purposes of the petition, it shall so order, and thereafter the land so annexed shall be considered and made a part of said district, and the board of water management commissioners shall provide for the treatment of the annexed lands by the improvement contemplated in the plan of water management or amendments thereto; provided, that if at this hearing objections to the proposed annexation shall be made by the owners of the land, either within the original boundaries of the district or within the tract proposed to be annexed, representing, respectively, one third of the landowners owning a majority of the acres or a majority of the landowners owning one third of the acres, it shall be the duty of the court to dismiss the petition for annexation and to levy an acre tax upon the lands described in the petition for annexation to reimburse the board of water management commissioners of said district for all expenses incurred in connection with the proceedings therefor. Such taxes when collected shall be delivered to the board of water management commissioners of said district.
(Acts 1965, No. 685, p. 1246, §44.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-51 - Organization of District Over Lands of Watershed Conservancy District.

Section 9-9-51
Organization of district over lands of watershed conservancy district.
A water management district may be organized over the whole or any part of the lands covered by an existing watershed conservancy district organized under Sections 9-8-50 through 9-8-67; provided that:
(1) The soil and water conservation district supervisors and the directors of the watershed conservancy district concerned file no objection to the organization; and
(2) The water management district assumes any outstanding obligations and responsibilities of the watershed conservancy district.
When such water management district is established, it will supersede the watershed conservancy district, and the watershed conservancy district or that portion of the watershed conservancy district involved shall be dissolved and shall no longer be in effect over the area covered by the water management district.
(Acts 1965, No. 685, p. 1246, §46.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-52 - Organization of District Not to Preclude Inclusion of Lands in Another District, Etc.

Section 9-9-52
Organization of district not to preclude inclusion of lands in another district, etc.
The organization of any district or subdistrict under the provisions of this article shall not be construed to prevent inclusion of a whole or any part of the lands of any such district in another district and the taxing of such land to whatever extent the plan of water management may benefit such lands; provided, that due credit shall be given in the adjustment of benefits and damages for the benefits received from any existing works which may form a part of the plan of water management of such other district.
(Acts 1965, No. 685, p. 1246, §45.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-53 - Joint Works of Improvement With Adjoining States.

Section 9-9-53
Joint works of improvement with adjoining states.
Whenever it may be desirable to construct, widen, deepen, straighten or otherwise change any ditch, drain, watercourse, floodwater retarding structure, levee or other works of improvement lying on or along, across or near the boundary line between the State of Alabama and an adjoining state or whenever it may be desirable to construct, repair or improve any works of improvement as provided for in this article, which ditch, drain, watercourse, floodwater retarding structure or other works of improvement cannot be constructed, repaired or improved in the best manner without affecting lands in such adjoining state, the board of water management commissioners of the district in which such work is located shall have authority to join with the proper officers of such adjacent county or counties or districts of other states in the construction, widening, deepening, straightening, repairing or improving of any such drain, ditch, watercourse, floodwater retarding structure or other works of improvement. Such water management commissioners of any district of this state are hereby given power jointly to enter into contracts with the proper officers of such county or counties or districts in adjoining states to construct, repair or improve any such works of improvement, each to pay such proportion of costs and expenses of the work as the contracting officials shall deem just. Such works of improvement shall be made on petition, as provided for in this article, and the provisions of this article, as far as applicable, shall govern the water management commissioners and other officers of this state in relation to such joint works of improvement.
(Acts 1965, No. 685, p. 1246, §47.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-54 - Procedure as to Warrants Not Paid Because of Lack of Funds.

Section 9-9-54
Procedure as to warrants not paid because of lack of funds.
Any warrant issued under this article that is not paid when presented to the treasurer of the district because of lack of funds in the treasury shall be endorsed on the back of said warrant "not paid for lack of funds." Such warrant shall draw interest thereafter at the rate of six percent per annum until such time as there is money in hand to pay the amount of such warrant and the interest then accumulated. The treasurer shall list such warrants in the order in which they are presented and reserve the funds that may be collected for the payment thereof to be applied to the retirement of the warrants in such order. No such warrant shall draw interest after the time when sufficient funds are in the hands of the treasurer to pay such endorsed warrant and interest.
(Acts 1965, No. 685, p. 1246, §53.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-55 - Correction of Errors in Court Proceedings, Etc.

Section 9-9-55
Correction of errors in court proceedings, etc.
The board of water management commissioners may petition the court; and, upon a proper showing, the court shall correct errors or omissions that may have occurred in any proceedings or decrees in relation to any district organized under this article; provided, that notice by publication as provided in this article shall be given to any person whose lands are affected by such proposed correction and that no other person or property shall be affected by such proceeding.
(Acts 1965, No. 685, p. 1246, §43.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-56 - Drainage Districts to Continue and Be Known as Water Management Districts; Petition Requesting Additional Powers; Notice to Landowners and Proceedings.

Section 9-9-56
Drainage districts to continue and be known as water management districts; petition requesting additional powers; notice to landowners and proceedings.
All drainage districts created under Title 2, Sections 208 through 262 of the 1940 Alabama Code, shall be known as water management districts and shall continue to carry out their drainage purposes under this article. In order for such existing districts to exercise the additional powers granted by this article, the commissioners of the districts must file a petition in the probate court requesting such additional powers. Proper notice must be given to landowners in the same manner as in the first instance of the creation of the district, and all other proceedings must be conducted insofar as possible in accordance with the procedures set forth for determining whether or not the district will be created in the first instance.
(Acts 1965, No. 685, p. 1246, §57.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-57 - Dissolution.

Section 9-9-57
Dissolution.
Any district organized under this article may be dissolved by the court of probate having jurisdiction thereof whenever it shall appear to said court that the works thereof need no further care or maintenance to preserve their efficiency and usefulness, that the maintenance of the works are not further conducive to the public health, convenience or welfare and that all obligations of such district have been liquidated and fulfilled; provided, that the court shall not consider the dissolution of any district except upon the petition of two thirds of the owners of real property owning not less than two thirds of the area taxed. Upon the filing of such petition, the same notice shall be served and the same opportunity shall be given for objections to the dissolution of the district as provided in this article upon the filing of a petition for the organization of a district.
(Acts 1965, No. 685, p. 1246, §58.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-58 - Construction of Article; Effect of Defect in Proceedings Upon Collection of Assessment; Remedies Provided in Article Exclusive.

Section 9-9-58
Construction of article; effect of defect in proceedings upon collection of assessment; remedies provided in article exclusive.
The provisions of this article shall be liberally construed to promote the storing of beneficial water, leveeing, ditching, draining and otherwise to provide protection from flooding of wet and overflowed lands, and for flood prevention or the conservation, development, utilization and disposal of water. The collection of the assessment shall not be defeated, when the proper notices have been given, by reason of any defect in the proceedings occurring prior to the order of the court confirming the final report of the viewers, but such order or orders shall be conclusive and final evidence that all prior proceedings were regular and according to law, unless they were appealed from. If on appeal the court shall deem it just and proper to release any person or to modify his assessment or liability, it shall in no manner affect the rights and legality of any person other than the appellant, and the failure to appeal from the order of the court within the time specified shall be a waiver of any illegality in the proceedings, and the remedies provided for in this article shall exclude all other remedies.
(Acts 1965, No. 685, p. 1246, §56.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 2 - Drainage Subdistricts. › Section 9-9-70 - Definitions.

Section 9-9-70
Definitions.
Whenever used in this article, the following terms shall have the following meanings, unless the context clearly indicates otherwise:
(1) COMMISSION. The county commission with the judge of probate as chairman.
(2) CHAIRMAN. The judge of probate acting as chairman of the county commission.
(3) SUBDISTRICT. A drainage subdistrict.
(4) ENGINEER. The agricultural engineer of the Alabama Extension Service.
(Acts 1936, Ex. Sess., No. 127, p. 83, §2; Code 1940, T. 2, §263.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 2 - Drainage Subdistricts. › Section 9-9-71 - Declaration of Benefits of Drainage, etc.; Declaration of Public Policy.

Section 9-9-71
Declaration of benefits of drainage, etc.; declaration of public policy.
The establishing of proper control of surface waters upon the agricultural lands of the state through proper distribution and holding of said waters upon said land, the prevention of increased areas of wet, swamp or overflow lands through control of soil erosion and the filling of natural and artificial drains and the establishing of systems for the proper distribution and control of waters which, when uncontrolled, become overflow waters and the elimination of overflow lands are declared to be in promotion of the public health, in aid of agriculture and in interest of the general welfare and public convenience. Such work is also declared to be a necessary and publicly convenient part of or aid to the execution of the powers of the state contained in Amendments 15 and 22 to the constitution. It is further declared to be the adopted public policy of the state to cooperate with persons desiring to develop systems for such purposes and to aid and advise in such development and to provide for the economical and orderly organization of subdistricts for such purposes.
(1936, Ex. Sess., No. 127, p. 83, §3; Code 1940, T. 2, §264.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 2 - Drainage Subdistricts. › Section 9-9-72 - Counties Declared Drainage Districts; County Commission to Act as and Exercise Powers of Drainage or Water Management Commissioners.

Section 9-9-72
Counties declared drainage districts; county commission to act as and exercise powers of drainage or water management commissioners.
For the purpose heretofore expressed and the execution of the powers provided in this article, each county of the state is hereby declared to be and is hereby created a drainage district. The county commission with the judge of probate as chairman shall act as and exercise the powers of a board of drainage commissioners, or board of water management commissioners, and shall have control of the affairs of the district. This shall in no way affect drainage districts or water management districts organized under Title 2, Sections 208 through 262 of the 1940 Alabama Code or water management districts organized under Sections 9-9-1 through 9-9-58.
(Acts 1936, Ex. Sess., No. 127, p. 83, §4; Code 1940, T. 2, §265.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 2 - Drainage Subdistricts. › Section 9-9-74 - Establishment of Subdistricts - Jurisdiction, Authority, etc.; Purposes.

Section 9-9-74
Establishment of subdistricts - Jurisdiction, authority, etc.; purposes.
The county commission of any county, as a drainage district, shall have jurisdiction, power and authority to establish drainage subdistricts as provided in this article, to promote, aid and assist the purposes of drainage districts organized under Title 2, Sections 208 through 262 of the 1940 Alabama Code or water management districts organized under Sections 9-9-1 through 9-9-72 of this code by the development of systems for the prevention of soil erosion and surface waters control upon lands in and contiguous to and affecting the drainage of said district and to aid and assist land owners in providing for the prevention, elimination or control of overflow waters and wet, swamp and overflow lands by the proper distribution of surface waters or holding such waters upon the land from which it flows to or upon wet, swamp and overflow lands and to prevent and deter the filling of natural or artificial drains by soil erosion from the watersheds of such drains, with or without the organization of a drainage district under Title 2, Sections 208 through 262 of the 1940 Alabama Code or the organization of a water management district under Sections 9-9-1 through 9-9-74. In the exercise of such powers and authority it may locate, change, construct, maintain or cause to be located, changed, constructed or maintained any ditch, drain, terrace, embankment or outlet; provided, that the powers contained in this article shall not authorize said commission to act in conflict with the powers, authorities and purposes of Title 2, Sections 208 through 262 of the 1940 Alabama Code or Sections 9-9-1 through 9-9-72 as to any drainage district or water management district organized or to be organized thereunder.
(Acts 1936, Ex. Sess., No. 127, p. 83, §6; Code 1940, T. 2, §267.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 2 - Drainage Subdistricts. › Section 9-9-75 - Establishment of Subdistricts - Procedure.

Section 9-9-75
Establishment of subdistricts - Procedure.
(a) The establishment of a subdistrict shall be undertaken only upon the initiative of one or more of the land owners concerned. Such land owners shall file with the chairman, for which a fee of $1.00 shall be charged, a petition signed by three fourths of the land owners who own, control or operate all of the land involved. Said petition shall state the approximate boundaries of the proposed subdistrict, that the purpose of this article will be served by the drainage of such land or by the control of such surface waters and the name and last known address of each owner of land within the proposed subdistrict.
(b) When said petition has been filed, the chairman shall set a date for a hearing before him on said petition, not less than 10 nor more than 30 days after the date on which the petition is filed, and all owners of land within the proposed subdistrict shall be notified by personal service or by letter, postage prepaid and addressed to such owner at last known address not less than five days previous to the dates set for the hearing, stating the time, place and the nature of the hearing; provided, that nonresident land owners may be given such notice by registered or certified letter mailed to their last known address or by publication of such notice one time in some newspaper published in the county.
(c) If, upon such hearing, the chairman deems the proposed improvements feasible and desirable, he shall request the agricultural engineer of the Alabama Extension Service to make or cause to be made a survey of the proposed subdistrict and to file with the chairman a map, a description of the work to be done, a recommended plan, an estimate of the cost of the work and an estimate of the benefits to accrue by reason of the improvements to the land of each owner of land within the proposed subdistrict.
(d) When the engineer's report has been filed, the chairman shall set a date for a hearing before the county commission and notify each owner of land within the proposed subdistrict as provided in this section. At this hearing a full report of the engineer's survey shall be made by the engineer or some one designated by him. If, upon said hearing, the county commission or a majority thereof are of the opinion that the proposed subdistrict is feasible and desirable, it shall order the same duly established; otherwise, it shall dismiss the petition. The order of the county commission in establishing a subdistrict or in approving assessments as provided in Section 9-9-76 shall have all the force and effect of a judgment.
(Acts 1936, Ex. Sess., No. 127, p. 83, §7; Code 1940, T. 2, §268.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 2 - Drainage Subdistricts. › Section 9-9-76 - Entry, Approval, etc., of Assessments Against Lands for Improvements; Proceedings as to Delinquencies.

Section 9-9-76
Entry, approval, etc., of assessments against lands for improvements; proceedings as to delinquencies.
(a) When a subdistrict shall have been established by order of the county commission, the owners of land within the subdistrict shall, through their officers or directors and in keeping with the provisions of the constitution and bylaws of the subdistrict, fairly, justly and equitably, insofar as possible, prorate the costs of the improvements to be made and other necessary expenses and enter same as an assessment or assessments against the benefited land of each owner of land within the subdistrict. When such assessments shall have been approved by the county commission, they shall be filed with the chairman, and each assessment shall constitute a prior lien, subject only to state and county taxes, against the benefited land so assessed. Said assessments shall be due and payable as the work progresses.
(b) If any owner of land within such subdistrict shall fail to pay said assessment or assessments when due, the chairman may issue a certificate or certificates of indebtedness in the aggregate amount of said assessment or assessments against such benefited land, which certificate or certificates shall constitute a prior lien, subject only to state and county taxes, against such land. Said certificates may be prorated over a number of years not to exceed 10 years, may bear interest at a rate not to exceed five percent per annum and may be sold to any owner or owners of land in said subdistrict or to the investing public. Failure to pay any one of said certificates when due shall immediately render all outstanding certificates of indebtedness due and payable, and the county commission may order said benefited land sold to satisfy said prior lien. Ten days notice of the time and place of said sale shall be given by posting notices thereof at three public places, one of which shall be at the courthouse door, or by publication thereof once a week for two successive weeks in some newspaper published in said county. The proceeds of such sale shall be applied to the payment of costs and expenses of said sale, to the satisfaction of any prior liens provided for in this section, and any balance shall be paid to the owner of said land. In no case shall the total assessments against any tract of land within said district be more than 90 percent of the estimated benefits to accrue to said land by reason of the improvements as shown by the engineer's report, nor shall any tract of land be held liable for any assessment against any other tract of land within said subdistrict.
(Acts 1936, Ex. Sess., No. 127, p. 83, §8; Code 1940, T. 2, §269.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 2 - Drainage Subdistricts. › Section 9-9-77 - Objections to Establishment of Subdistrict or to Assessments Against Lands; Appeals From Orders of Commission.

Section 9-9-77
Objections to establishment of subdistrict or to assessments against lands; appeals from orders of commission.
Any owner of land within a proposed subdistrict may file with the chairman objections in writing to the establishment of a subdistrict on or before the day set for hearing the engineer's report on the same. If such subdistrict is established by order of the county commission, said owner of land may within 10 days after the establishment of the subdistrict appeal from the order of the county commission to the circuit court, upon giving bond in a sum to be fixed by the county commission conditioned for the payment of costs if the appeal should be decided against the appellant. Any owner of land within a subdistrict may likewise file objections in writing to any assessment or assessments before the same shall have been approved by the county commission. If the county commission approves said assessment or assessments, said owner of land may appeal from the order of the county commission to the circuit court within the time and manner provided in this section for appeal from the order establishing the subdistrict. Such appeal in either case shall be taken and prosecution had as now provided by law. Such appeal shall be based and heard only upon the objections in writing filed by the complaining party, either as to issue of law or fact, as provided in this section and determined in a summary manner by the county commission, and no additional objections shall be considered by the court upon hearing of the appeal; provided, that nothing in this section shall be construed to authorize any appellant to stay the proceedings of a subdistrict or to prevent progress in the work of the subdistrict.
(Acts 1936, Ex. Sess., No. 127, p. 83, §9; Code 1940, T. 2, §270.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 2 - Drainage Subdistricts. › Section 9-9-78 - Right of Condemnation.

Section 9-9-78
Right of condemnation.
If it shall be necessary to acquire a right-of-way or an outlet over and through land affected by the improvements, then and in such event the power of eminent domain is hereby conferred, and such land may be condemned. The right of condemnation hereby conferred shall be invoked by application to the court of probate of the county in which the lands over which said right-of-way or outlet is desired are situated, and the same proceedings shall be had as in other cases of condemnation of lands for public uses as provided in this code, and such damages as may be awarded shall be paid by the other landowners in proportion to the assessments approved by the county commission against the benefits accruing to their lands by virtue of the improvements established in said subdistrict.
(Acts 1936, Ex. Sess., No. 127, p. 83, §10; Code 1940, T. 2, §271.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 2 - Drainage Subdistricts. › Section 9-9-79 - Costs and Expenses of Organization, Operation, etc., of Subdistricts.

Section 9-9-79
Costs and expenses of organization, operation, etc., of subdistricts.
The terms "costs" and "expenses" as used in this article shall include all expenses incident to or necessary to organize, defend, promote, improve, operate, maintain or dissolve a subdistrict. Any funds advanced to set up and establish a subdistrict or proposed subdistrict shall become a charge against the lands involved and constitute a prior lien, subject only to state and county taxes, against said lands. Funds so advanced shall be accounted for in the total costs and proration of the same among the owners of land within a subdistrict. In case a petition for the establishment of a subdistrict is dismissed by the county commission, the same shall be due and collectible immediately on dismissal of a petition by the county commission.
(Acts 1936, Ex Sess., No. 127, p. 83, §11; Code 1940, T. 2, §272.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 2 - Drainage Subdistricts. › Section 9-9-80 - Construction of Article; Effect of Defect in Proceedings Upon Collection of Assessments or Functioning of Subdistrict; Remedies Provided in Article Exclusive.

Section 9-9-80
Construction of article; effect of defect in proceedings upon collection of assessments or functioning of subdistrict; remedies provided in article exclusive.
The provisions of this article shall be liberally construed to promote the declared purposes thereof. The collection of any assessment or assessments or the desirable functioning of a subdistrict shall not be defeated when the notices authorized by this article have been given by reason of any defect in the proceedings accruing prior to the order of the county commission establishing the subdistrict or approving the assessments; but such order or orders shall be conclusive and final that all prior proceedings were regular and according to law, unless they were appealed from and finally held to be unlawful. Failure to appeal from the order or orders of the county commission within the time specified shall be a waiver of any illegality in the proceedings, and the remedies provided for in this article shall exclude all other remedies.
(Acts 1936, Ex. Sess., No. 127, p. 83, §12; Code 1940, T. 2, §273.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10 - Water Conservation and Irrigation. › Article 1 - Water Conservation and Irrigation Agency. › Section 9-10-1 - Establishment of State Agency Authorized and Directed.

Section 9-10-1
Establishment of state agency authorized and directed.
In the interest of water conservation and land irrigation in that portion of Alabama known as the State of Alabama and for purposes of cooperation with any water authority or agency or any river area development authority or agency heretofore or hereafter created, there is hereby authorized and shall be established as provided in this article a state development agency constituting an irrigation district or districts for the State of Alabama. The agency, when incorporated in accordance with this article, shall be an instrumentality of the State of Alabama.
(Acts 1965, No. 827, p. 1549, §1.)