reglab/statecodes huggingface dataset:
2023 Wyoming Statutes › Title 41 - Water › Chapter 8 - Watershed Improvement Districts › Section 41-8-105 - Petition for Establishment; Filing Generally; Contents; Copy to Be Furnished Conservation Commission.

41-8-105. Petition for establishment; filing generally; contents; copy to be furnished conservation commission.
A petition to establish a watershed improvement district shall be filed with the board of supervisors of the conservation district in which the proposed watershed improvement district is situated asking that a watershed improvement district be organized to function in the area described in the petition. The petition shall comply with the requirements of W.S. 22-29-105. A copy of the petition shall be furnished to the state conservation commission.
2023 Wyoming Statutes › Title 41 - Water › Chapter 8 - Watershed Improvement Districts › Section 41-8-106 - Petition for Establishment; Establishment in More Than 1 Soil and Water Conservation District.

41-8-106. Petition for establishment; establishment in more than 1 soil and water conservation district.
If a proposed watershed improvement district is situated in more than one (1) conservation district, copies of such petition shall be presented to the board of supervisors of all the conservation districts in which any part of the proposed watershed improvement district is situated, and the supervisors of all the conservation districts shall act jointly as a board of supervisors with respect to all matters concerning the watershed improvement district, including its organization. The watershed improvement district shall be organized in like manner and shall have the same powers and duties as a watershed improvement district situated entirely in one (1) conservation district.
2023 Wyoming Statutes › Title 41 - Water › Chapter 8 - Watershed Improvement Districts › Section 41-8-107 - Petition for Establishment; Hearing; Notice.

41-8-107. Petition for establishment; hearing; notice.
(a) The board of supervisors shall act upon the petition for formation in the same manner as set forth in W.S. 22-29-109 for county commissioners in determining if a petition for district formation shall be voted upon.
(b) If it appears upon the hearing that any land included in the petition will not be benefited by its inclusion within the proposed watershed improvement district, the board of supervisors shall exclude such land from the proposed watershed improvement district.
(c) If it appears upon the hearing that it may be desirable to include within the proposed watershed improvement district territory outside of the area described in the petition, the hearing shall be adjourned and due notice of a further hearing shall be given throughout the entire area considered for inclusion in the district, and a further hearing shall be held. After final hearing, if the board of supervisors determines, upon the facts presented at the hearing and upon other available information, that there is need, in the interest of the public health, safety and welfare for such a district to function in the territory considered at the hearing, it shall make and record such determination and shall define by metes and bounds or by legal subdivisions, the boundaries of the district. The board of supervisors, in making the determination, may advise and consult with the state conservation commission.
(d) If the board of supervisors determines after the hearing that there is no need for such a district to function in the territory considered at the hearing, it shall make and record such determination and shall deny the petition.
2023 Wyoming Statutes › Title 41 - Water › Chapter 8 - Watershed Improvement Districts › Section 41-8-108 - Referendum Prerequisite to Establishment; Generally.

41-8-108. Referendum prerequisite to establishment; generally.
After the board of supervisors has made and recorded a determination that there is a need, in the interest of the public health, safety and welfare, for the creation of the proposed watershed improvement district, it shall consider the question whether the operation of a district within the proposed boundaries with the powers conferred upon the district in this act is administratively practicable and feasible. To assist the board of supervisors in this determination, the board shall, by mail ballot or at the next election date authorized under W.S. 22-21-103 which is at least sixty (60) days after entry of the finding that there is need for the organization of a district and the determination of the boundaries of the district, hold a referendum within the proposed district upon the proposition of the creation of the district. Notice of the referendum shall be given by the board of supervisors as provided in the Special District Elections Act of 1994.
2023 Wyoming Statutes › Title 41 - Water › Chapter 8 - Watershed Improvement Districts › Section 41-8-109 - Referendum Prerequisite to Establishment; Voting; Ballots; Right of Landowners to Vote; Proxies.

41-8-109. Referendum prerequisite to establishment; voting; ballots; right of landowners to vote; proxies.
(a) Repealed by Laws 1998, ch. 115, 5.
(b) All qualified electors of the district and owners of land lying within the boundaries of the proposed district, as determined by written authorizations as specified in W.S. 41-8-101(f) and subsections (c) and (d) of this section, shall be eligible to vote in the referendum. In applying provisions of the Special District Elections Act of 1994 to this act, the terms "elector" or "voter" shall include qualified electors and landowners.
(c) A written authorization for voting purposes shall be filed with the election official conducting the special district election not later than thirty (30) days prior to the election.
(d) In examining any written authorization required or permitted to be signed by landowners, the county clerk or district secretary shall accept the first written authorization filed unless prior to certification the secretary or county clerk is furnished with written evidence, satisfactory to the county clerk or district secretary, that a new representative has been appointed by the owners, signed by a majority of the persons named as owners on the previously filed written authorization or as shown on a copy of a recorded deed attached to the written authorization.
2023 Wyoming Statutes › Title 41 - Water › Chapter 8 - Watershed Improvement Districts › Section 41-8-110 - Referendum Prerequisite to Establishment; Counting and Recording Votes; Action Upon Results; Certification of Fact When Created.

41-8-110. Referendum prerequisite to establishment; counting and recording votes; action upon results; certification of fact when created.
The votes cast in the referendum shall be counted by the polling officers at the close of the polls and a report of the results, along with the ballots, shall be delivered to the polling superintendent, who shall certify the results to the board of supervisors; and the board shall then consider and determine whether the operation of the district within the defined boundaries is administratively practicable and feasible. If the board of supervisors shall determine that the operation of the watershed improvement district is not administratively practicable and feasible, it shall record such determination and deny the petition. If the board of supervisors shall determine that the operation of the watershed improvement district is administratively practicable and feasible, it shall declare the watershed improvement district to be created; provided, however, that the board of supervisors shall not have authority to determine that the operation of the watershed improvement district is administratively practicable and feasible unless at least a majority of the votes cast in the referendum, which affirmative votes represent a majority of the acreage contained in the proposed watershed improvement district, favor creation of the watershed improvement district. Upon declaring the watershed improvement district to be created, the board of supervisors shall certify the fact of the creation of the district to the county clerk of the county or counties in which the district is situated, for recordation; and the watershed improvement district shall thereupon constitute a governmental subdivision of this state and public body corporate and politic. After being recorded, the certificate of the board of supervisors shall be filed with the secretary of state, and a copy thereof shall be filed with the state conservation commission.
2023 Wyoming Statutes › Title 41 - Water › Chapter 8 - Watershed Improvement Districts › Section 41-8-113 - Board of Directors; Powers Generally.

41-8-113. Board of directors; powers generally.
(a) Under the supervision of the board of supervisors, the board of directors of a watershed improvement district shall have power to:
(i) Levy and collect assessments for special benefits accruing to land, as hereinafter provided;
(ii) Acquire by purchase, exchange, lease, gift, grant, bequest, devise, or otherwise, any property, real or personal, or rights or interests therein; maintain, administer, and improve any such property; and sell, lease, or otherwise dispose of any such property in furtherance of the purposes and provisions of this act;
(iii) Exercise the power of eminent domain and in the manner provided by law for the condemnation of private property for public use;
(iv) Construct, improve, operate and contract for the maintenance of such structures as may be necessary for the performance of any authorized function of the watershed improvement district;
(v) Borrow such money as is necessary to carry out any of the purposes and provisions of this act, and issue, negotiate, sell its bonds or other evidence of indebtedness as provided in W.S. 41-8-114;
(vi) Cooperate with, and receive from or grant assistance to, towns, cities, counties, and state and federal agencies in carrying out the purposes and provisions of this act.
2023 Wyoming Statutes › Title 41 - Water › Chapter 8 - Watershed Improvement Districts › Section 41-8-114 - Board of Directors; Issuance of Bonds.

41-8-114. Board of directors; issuance of bonds.
(a) Bonds authorized by W.S. 41-8-113 shall not be issued until proposed by order or resolution of the board of directors specifying the purpose for which the funds are to be used, the rate of interest the bonds are to bear, the amount of the proposed bond issue, terms of the bonds, and the proposed method of payment and redemption of the bonds prior to maturity. A copy of the order or resolution shall be certified to the board of supervisors.
(b) The board of directors shall conduct a hearing on such proposal after due notice of such hearing has been given. If it appears that the proposal is within the scope and purpose of this act and meets all other requirements of the law, the proposal shall be submitted to the landowners of the watershed improvement district by a referendum held under the supervision of the board of supervisors.
(c) The provisions of W.S. 41-8-107 through 41-8-110, as to notice and manner of holding a referendum in organizing a watershed improvement district shall be applicable to the referendum held under this section. Any referendum held under this section shall be held by mail ballot or on an election date authorized under W.S. 22-21-103.
(d) If two-thirds (2/3) of the votes cast, which votes represent a majority of the acreage contained in the watershed improvement district, are in favor of the proposed bond issue, such bonds shall be authorized and may be issued.
(e) Bonds authorized and issued shall bear interest payable annually, and shall be due and payable not more than fifty (50) years from their dates. The form, terms and provisions of the bonds, provision for their payment and provisions for their retirement and calling not inconsistent with law, shall be determined by the board of supervisors. The bonds are exempt from all state, county, municipal, school and other taxes imposed by a taxing authority of this state.
2023 Wyoming Statutes › Title 41 - Water › Chapter 8 - Watershed Improvement Districts › Section 41-8-115 - Board of Directors; per Diem and Mileage.

41-8-115. Board of directors; per diem and mileage.
Members of the board of directors shall receive no salaries, but such members may be entitled to expenses for meetings and travel in the performance of their duties as approved by the board of supervisors.
2023 Wyoming Statutes › Title 41 - Water › Chapter 8 - Watershed Improvement Districts › Section 41-8-116 - Hearing on Proposed Projects.

41-8-116. Hearing on proposed projects.
(a) Before any contract shall be let or work begun upon any improvement or project within the watershed improvement district, the cost of which cannot be exclusively financed by funds on hand, grants in aid, or financial assistance or gifts to the district, or before any contract may be entered into by the district with any governmental agency or body which will obligate the district to contribute financially beyond the extent of funds of the district then on hand, it shall be the duty of the board of directors to set a time and place within the district for a public hearing upon such proposal. Due notice of such hearing shall be given by the board of directors.
(b) At the time and place fixed for such hearing any owner of land situated within the watershed improvement district, or any other interested person, may appear and be heard as to his objections to such proposal.
(c) Following the public hearing the board of directors shall, by order or resolution, either affirm the proposal with or without modification or amendments, or disapprove the proposal. If the board of directors affirms the proposal, it shall determine the probable cost of and the proposed method of financing the improvement or project, the benefits to be derived therefrom, and whether the benefits will be conferred upon all land within the watershed improvement district or upon only certain land within the district, in which latter case the land to be benefited shall be described as to boundaries, ownership, and approximate acreage.
2023 Wyoming Statutes › Title 41 - Water › Chapter 8 - Watershed Improvement Districts › Section 41-8-117 - Appointment of Appraisers and Appraisal of Benefited Property.

41-8-117. Appointment of appraisers and appraisal of benefited property.
If the board of directors determines that the proposed improvement or project should be constructed and that the costs thereof should be paid by special assessment against the land benefited by such improvement or project, it shall appoint three (3) qualified and disinterested residents of the state to act as appraisers. The appraisers shall inspect the plans and specifications of the proposed improvement or project and examine all land likely to be benefited thereby. The appraisers shall make and file with the board of directors a detailed report showing all tracts of land within the watershed improvement district found to be benefited, together with the acreage thereof, the name of the record owner of each tract, the amount each tract will be benefited, and the amount of assessment to be levied against each tract, which assessment against each tract shall be in proportion to the benefits accruing to such tract. Any necessary expenses connected with making the appraisal by the three (3) appraisers shall be paid by the watershed improvement district.
2023 Wyoming Statutes › Title 41 - Water › Chapter 8 - Watershed Improvement Districts › Section 41-8-118 - Hearing on Report of Appraisers.

41-8-118. Hearing on report of appraisers.
Upon receiving the report of the appraisers the board of directors shall fix a time and place within the watershed improvement district for hearing any complaint that may be made regarding the benefits appraised to any tract of land or the assessment proposed to be levied against any tract of land. Due notice of such hearing shall be given by the board of directors. At the time and place fixed for such hearing the board of directors shall consider the report of the appraisers and consider and hear any objections filed or voiced thereto. The board of directors shall, by order or resolution, reject the report of the appraisers or accept the report and ratify it with or without modification or amendments.
2023 Wyoming Statutes › Title 41 - Water › Chapter 8 - Watershed Improvement Districts › Section 41-8-119 - Appeal From Approval of Project or Determination of Benefits or Assessments.

41-8-119. Appeal from approval of project or determination of benefits or assessments.
(a) Any owner of land or person having an interest therein upon which an assessment is proposed to be levied may, within thirty (30) days from such order or resolution of the board of directors accepting the report of the appraisers, file with the clerk of the district court a written notice making demand for trial by the court. The notice shall state definitely from what part of such order or resolution the appeal is taken and shall set forth any other objections of the appellant. In case more than one (1) appeal is taken, the court may, upon finding that the appeals may be consolidated without injury to the interests of anyone, consolidate and try the appeals together. Any hearing on appeal provided for herein in the district court shall be de novo, and the district court shall consider not only the question of procedure but also the merits of the point or points appealed from, including but not limited to eminent domain proceedings. Any appeal from a decision of the district court shall follow the usual rules of civil procedure.
(b) If no appeal is taken within the time prescribed in this section from such order or resolution of the board of directors accepting the report of the appraisers, or after the finding of the court in case an appeal is taken from such order or resolution of the board of directors, then such assessments shall be final and conclusive and shall constitute perpetual liens upon the land so assessed until they are fully paid.
2023 Wyoming Statutes › Title 41 - Water › Chapter 8 - Watershed Improvement Districts › Section 41-8-120 - Assessment of Benefits Against Land of State and Its Subdivisions.

41-8-120. Assessment of benefits against land of state and its subdivisions.
In case land belonging to the state, or a county, school district, or other public corporation is benefited by any improvement or project constructed under the provisions of this act, all of such benefits shall be assessed against such land and the assessments shall be paid by the proper authorities at the same time as the assessments are called and paid in the cases of private persons.
2023 Wyoming Statutes › Title 41 - Water › Chapter 8 - Watershed Improvement Districts › Section 41-8-121 - Assessments Generally.

41-8-121. Assessments generally.
(a) The board of directors shall, on or before the third Monday in July of each year, certify to the board of county commissioners of the county within the watershed improvement district in which assessed land is located the amount of the annual installments of assessments against the land, together with a fair proportionate amount of the estimated operating and maintenance charges apportioned to the land for the next succeeding year. Thereupon the county commissioners shall certify to and deliver the assessment roll to the county assessor of the county and the county assessor shall extend the amounts so certified on the tax roll as a flat special assessment against the land benefited. The assessments shall be subject to the same interest and penalties in case of delinquency as in the case of general taxes, and shall be collected at the same time and in the same manner as in the case of general taxes; provided, that the assessments shall become due and payable only at the times and in the amounts as may be determined by the board of directors.
(b) The board of directors in making the annual assessments and levies as herein provided, shall take into account the maturing indebtedness for the ensuing year as provided in its contracts, the maturing of bonds and interests on all bonds, and deficiencies and defaults of prior years, and shall make ample provisions for the payment thereof; provided however, that no one (1) yearly call for assessment by the board of directors shall be in an amount to exceed ten percent (10%) of the actual amount necessary to defray the cost of the construction of the improvement or project.
2023 Wyoming Statutes › Title 41 - Water › Chapter 8 - Watershed Improvement Districts › Section 41-8-122 - Levy, Collection and Disposition of Taxes and Special Assessments; Expenditure of Funds.

41-8-122. Levy, collection and disposition of taxes and special assessments; expenditure of funds.
It shall be the duty of the officer or body having authority to levy taxes within each county, to levy the taxes and special assessments as provided in this act and it shall be the duty of all county officials, charged with the duty of collecting taxes, to collect the taxes and special assessments as provided in this act in the time, form and manner and with like interest and penalties as city or county taxes are collected, and when collected to pay the same to the board of directors of the watershed improvement district ordering their levy and collection and the payments of such collections shall be made through the treasurer of the watershed improvement district and deposited in the depository thereof to the credit of such district. All expenditures of such funds shall be made by the board of directors upon order of the board, under the supervision of the board of supervisors.
2023 Wyoming Statutes › Title 41 - Water › Chapter 8 - Watershed Improvement Districts › Section 41-8-123 - Lien of Assessment; Collection of Delinquent Assessments.

41-8-123. Lien of assessment; collection of delinquent assessments.
All taxes and assessments levied against any land under this act together with all interest thereon and penalties for default in payment thereof, and all costs of collecting the same, shall, until paid, constitute a perpetual lien upon such land on a parity with the tax lien of general, state, county, city, town or school taxes and no sale of such land to enforce any general, state, county, city, town or school tax or other liens shall extinguish the perpetual lien of such taxes and assessments. If the taxes and assessments levied are not paid as herein provided, then such land shall be sold at the regular tax sale for the payment of said taxes and assessments, interest and penalties, in the manner provided by the statutes of this state for selling real property for nonpayment of general taxes.
2023 Wyoming Statutes › Title 41 - Water › Chapter 8 - Watershed Improvement Districts › Section 41-8-125 - Supervision Upon Discontinuance.

41-8-125. Supervision upon discontinuance.
If any soil and water conservation district in which a watershed improvement district is situated is discontinued, the state soil and water conservation committee [conservation commission] shall thereafter serve in the same supervising capacity over the watershed improvement district as was theretofore served by the board of supervisors of such soil and water conservation district.
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 1 - Organization and Preliminary Report of Commissioners › Section 41-9-101 - Petition for Organization; When Filed; Contents; Service of Notice or Petitions Generally.

41-9-101. Petition for organization; when filed; contents; service of notice or petitions generally.
(a) Whenever a majority of the adult owners of lands within any district of land, who shall represent one-third in area of the lands within said district to be reclaimed or benefited, or whenever the adult owners of more than one-half of the lands within such district desire to construct one (1) or more drains, ditches, levees, or other works across the lands of others, for the promotion of the public health or welfare, and the drainage of said lands, or desire to maintain and keep in repair any such drain, ditch or levee heretofore constructed under any law of this state, such owners may file in the district court of any county in which the lands, or any part of them, shall lie, a petition setting forth:
(i) The proposed names of said drainage district;
(ii) The necessity of the proposed work, describing the necessity;
(iii) A general description of the proposed starting points, routes and termini of the proposed drains, ditches, and levees;
(iv) A general description of the lands proposed to be included in said district;
(v) The names of the owners of all lands in said district when known.
(b) If the purpose of said petitioners is the enlargement, repair and maintenance of a ditch, levee or other work heretofore constructed under any law of this state, said petition shall give a general description of the same, with such particulars as may be deemed important.
(c) Said petition shall pray for the organization of a drainage district by the name and within the boundaries proposed, and for the appointment of commissioners for the execution of such proposed work, according to the provisions of this and the following sections.
(d) Any lands, the title to which is in the state of Wyoming, and which are within the boundaries of any drainage district heretofore created, or which may be hereafter created, may be included in any such drainage district in the same manner as is by law provided for adding other lands to drainage districts whenever it is found necessary to include lands in drainage districts, as by the preceding paragraphs provided.
(e) Any and all copies of petitions, or notices, required by law to be served on account of such lands being included in such drainage districts, shall be served on the president of the board having control of such lands in the same manner as is hereinafter provided for the service of petitions and notices on other owners of lands in the district in which said lands are situated.
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 1 - Organization and Preliminary Report of Commissioners › Section 41-9-102 - Petition for Organization; Amendment; Multiple Petitions.

41-9-102. Petition for organization; amendment; multiple petitions.
No petition having as many signers as are required by this section shall be declared void, but the court may at any time permit the petition to be amended in form and substance to conform to the facts, if the facts justify the organization of a drainage district. Several similar petitions for the organization of the same district may be circulated, and when filed, shall together be regarded as one (1) petition having as many signers as there are separate adult signers on the several petitions filed, who own lands within said proposed drainage district. All petitions for the organization of said district filed prior to the hearing on said petition shall be considered by the court, the same as is filed with the first petitions placed on file, and the signatures thereon contained shall be counted in determining whether sufficient landowners have signed said petition.
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 1 - Organization and Preliminary Report of Commissioners › Section 41-9-103 - What Lands May Be Included.

41-9-103. What lands may be included.
Said territory need not be contiguous, provided, that it be so situated that the public health or welfare will be promoted by such drainage of each part thereof, and the benefits of the proposed work in each part will exceed the damages from and costs of said proposed work in each part; and provided, further, that the court shall be satisfied that said proposed work can be more cheaply done if in a single district than otherwise.
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 1 - Organization and Preliminary Report of Commissioners › Section 41-9-104 - Notice of Hearing; Service Generally; Contents.

41-9-104. Notice of hearing; service generally; contents.
(a) On such petition being filed the court or judge thereof shall make an order fixing a time and place of hearing thereon and ordering notice; thereupon the clerk of said court, for the county in which the proceedings are instituted, shall cause twenty (20) days notice of the filing of such petition to be given:
(i) By serving or causing to be served a copy of such notice on each owner of land within said proposed district, residing in any county in which any lands in said proposed district are situated, either personally or by leaving a copy thereof at his last usual place of abode, with a person of suitable age and discretion, and by registered mail to any mortgagee, mortgagees or judgment lienholder whose address is of record in the records of said liens in the county or counties in which said district is situated; and
(ii) By publishing a copy thereof at least once a week for three (3) successive weeks in some newspaper published in each county from which any part of the district is proposed to be taken. If there be no newspaper in any such county, such notice may be published in a newspaper published in an adjoining county.
(b) Such notice shall state:
(i) In what court said petition is filed;
(ii) State briefly the starting points, routes and termini of said drains, ditches and levees;
(iii) Give a general description of the proposed work;
(iv) Give the proposed boundaries of said district (or a general description of all of the lands in said proposed district);
(v) Give the name proposed for said drainage district; and
(vi) Shall also state the time and place by the court fixed, when and where the petitioners will ask a hearing on said petition.
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 1 - Organization and Preliminary Report of Commissioners › Section 41-9-105 - Notice of Hearing; Nonresidents.

41-9-105. Notice of hearing; nonresidents.
If any of the owners of land in said district are nonresidents of the county or counties in which the proposed district lies, the petition shall be accompanied by an affidavit giving the names and post-office address of such nonresidents, if such are known, and if unknown shall state that, upon diligent inquiry their names or post-office addresses (whichever may be the fact) cannot be ascertained. The clerk of the court shall mail a copy of the notice aforesaid to each of said nonresident owners whose post-office address is known, within six (6) days after the first publication of the same.
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 1 - Organization and Preliminary Report of Commissioners › Section 41-9-106 - Notice of Hearing; Proof of Service.

41-9-106. Notice of hearing; proof of service.
The certificate of the clerk of the court or other public officer, or the affidavit of any other person who knows the facts, affixed to a copy of said notice, shall be sufficient evidence of the posting, serving, mailing or publication thereof.
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 1 - Organization and Preliminary Report of Commissioners › Section 41-9-107 - Notice of Hearing; Effect of Personal Service.

41-9-107. Notice of hearing; effect of personal service.
Personal service of said notice on (or service by leaving at the last usual place of abode of) all owners of lands or easements or interest in lands within said district, shall give the court complete jurisdiction, without posting, publication or mailing of said notice.
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 1 - Organization and Preliminary Report of Commissioners › Section 41-9-108 - Notice of Hearing; Adjournment of Hearings When Notice Not Fully Served.

41-9-108. Notice of hearing; adjournment of hearings when notice not fully served.
If it shall be found, before the hearing on a petition for the organization of a drainage district, that one (1) or more owners of land in said district have not been duly served with notice of hearing on said petition, the court, or presiding judge, shall not thereby lose jurisdiction. The court, or presiding judge, in such case shall adjourn the hearing, make an order directing the serving of said notice upon said landowner, and fixing the time and manner of service of such notice, which notice shall notify him to appear at said adjourned time and place and be heard on said petition.
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 1 - Organization and Preliminary Report of Commissioners › Section 41-9-109 - Notice of Hearing; Service After Adjournment.

41-9-109. Notice of hearing; service after adjournment.
Said notice shall be served personally or by leaving at the last usual place of abode of said unserved owners, as in W.S. 41-9-104; provided, not less than eight (8) days before said adjourned hearing, or published not less than fourteen (14) days before said adjourned hearing, in some newspaper published in the county in which said owners' lands lie, or if no newspaper be published in said county, then in some newspaper published in an adjoining county.
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 1 - Organization and Preliminary Report of Commissioners › Section 41-9-110 - Notice of Hearing; Defective Service Generally.

41-9-110. Notice of hearing; defective service generally.
Upon the adjourned day the same proceedings, adjournments, trial findings and orders may be had as in case of complete service of notice in the first instance. In case of failure to mail said notice as herein required, the court or judge may order the same mailed later and shall adjourn said hearing so that said notice shall be mailed at least fourteen (14) days before said adjourned hearing. In case of failure to publish or post notice, as in this act required, the court or judge may adjourn said hearing for sufficient time to permit the due posting and publication of said notice, and order said notice posted or published as in W.S. 41-9-104 hereof directed. In case of adjournment to permit notice to be given the notice shall state the fact of such adjournment and the time and place of hearing pursuant to said adjournment.
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 1 - Organization and Preliminary Report of Commissioners › Section 41-9-111 - Hearings; Grounds for Contesting.

41-9-111. Hearings; grounds for contesting.
On the day fixed for hearing on such petition all parties owning lands, or any interest or easement in land, within said proposed district, or who would be affected thereby, may appear and contest (a) the sufficiency of the petition, (b) the sufficiency of the signers of the petition, (c) the sufficiency of the notice, (d) the constitutionality of the law, and (e) the jurisdiction of the court, specifying their objections to such jurisdiction; and the petitioners and contestants may, on the trial, offer any competent evidence in regard thereto. All notices of contest shall be in writing and shall clearly specify the grounds of contest.
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 1 - Organization and Preliminary Report of Commissioners › Section 41-9-112 - Hearings; Procedure Generally.

41-9-112. Hearings; procedure generally.
The court shall hear and determine whether or not the petition contains the signatures of a majority of the adult owners of lands within the said proposed district who are of lawful age, and who represent one-third in area of the lands proposed to be affected by said work, or the signatures of the adult owners of more than one-half of such lands and shall determine all questions of law arising on said contest. The district court in which such petition shall be filed or the judge thereof may adjourn the hearing on said petition from time to time for want of sufficient notice, or to give time to prepare for trial, or for other good cause.
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 1 - Organization and Preliminary Report of Commissioners › Section 41-9-113 - Hearings; Affidavits of Petitioners as Evidence.

41-9-113. Hearings; affidavits of petitioners as evidence.
The affidavit of any three (3) or more of the signers of said petition stating that they have examined it and are acquainted with the locality of said district and that said petition is signed by a sufficient number of adult owners of lands in said district, to satisfy W.S. 41-9-101, may be taken by the court or judge as prima facie evidence of the facts therein stated. And the affidavit of any petitioner or other landowner before such court, or represented before the court, giving the age of such affiant and his or her ownership of such lands, to be named therein by proper description, shall be sufficient evidence to the court of such facts.
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 1 - Organization and Preliminary Report of Commissioners › Section 41-9-114 - Hearings; Dismissal of Defective Petition.

41-9-114. Hearings; dismissal of defective petition.
If the court or presiding judge thereof, after hearing any and all competent evidence that may be offered for and against the said petition, shall find that the same has not been signed as herein required, the said petition shall be dismissed at the cost of the petitioners, and judgment shall be entered against said petitioners for the amount of said costs.
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 1 - Organization and Preliminary Report of Commissioners › Section 41-9-115 - Fraudulent Conveyances to Defeat or Establish Petition.

41-9-115. Fraudulent conveyances to defeat or establish petition.
All deeds made for the purpose of establishing or defeating the prayer of said petition, and not made in good faith and for a valuable consideration, shall be taken and held to be a fraud and the holders thereof shall not be considered as the owners of the land described therein.
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 1 - Organization and Preliminary Report of Commissioners › Section 41-9-116 - District Commissioners; Number; Appointment; Preliminary Bond; Qualifications; Petition for Election; Election Decree; Election Procedures; Modification of Decree.

41-9-116. District commissioners; number; appointment; preliminary bond; qualifications; petition for election; election decree; election procedures; modification of decree.
If it shall appear that the petition has so been signed, the court or judge shall so find, and order any necessary amendments thereto, and shall appoint three (3) suitable, competent persons as commissioners, and fix their preliminary bond. If the district is situated in two (2) or more counties, not more than two (2) of said commissioners shall reside in any one (1) of said counties. Ownership of land within the district shall not disqualify a person from acting as a commissioner. Provided, however, after the appointment of the first board of commissioners a majority of the owners of land within said district who own one-third in area of the lands within said district, shall petition the court asking that the commissioners of said district be elected by vote of the owners of land assessed in said district, the court shall make and enter an order fixing the time of the annual election for said district, prescribing the manner of giving notice of such election, and the manner in which such election shall be conducted, and may provide for cumulative voting; said order may provide for the election of one (1) commissioner for one (1) year and two (2) commissioners for two (2) years at the first election, succeeding commissioners to be elected for two (2) years; at such election every person, company or corporation owning land assessed for benefits within such district shall be entitled at such election to cast one (1) vote for each acre of land, or fraction thereof, owned by such person, company or corporation within said district and assessed for benefits therein; such order shall provide for voting by proxy, and such order may be modified from time to time upon petition as herein provided for the election of commissioners, and upon like petition such order may be revoked and thereafter such commissioners shall be appointed by the court.
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 1 - Organization and Preliminary Report of Commissioners › Section 41-9-117 - District Commissioners; Oath; Bond Generally; Quorum.

41-9-117. District commissioners; oath; bond generally; quorum.
Before entering upon their duties such commissioners shall take and subscribe an oath to support the constitution of the United States and the constitution of the state of Wyoming, to faithfully and impartially discharge their duties as such commissioners and to render a true account of their doings to the court by which they are appointed whenever required by law or the order of the court, and shall execute a bond running to the clerk of said court and his successors in office as obligees, to be filed with said clerk for the benefit of the parties interested, in an amount to be fixed by the court or presiding judge, and with sureties to be approved by the court or presiding judge, conditioned for the faithful discharge of their duties as such commissioners and the faithful accounting for and application of all moneys which shall come into their hands as such commissioners. A majority shall constitute a quorum and a concurrence of a majority in any matter within their duties shall be sufficient to its determination.
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 1 - Organization and Preliminary Report of Commissioners › Section 41-9-118 - District Commissioners; Term.

41-9-118. District commissioners; term.
The commissioners first appointed shall hold their office until the first Tuesday in the second succeeding July following the date of the order organizing such district and until their respective successors are qualified. All commissioners appointed after the first board, excepting those appointed to fill vacancies, shall hold their respective offices for the term of two (2) years and until their respective successors are qualified.
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 1 - Organization and Preliminary Report of Commissioners › Section 41-9-119 - District Commissioners; New Appointments.

41-9-119. District commissioners; new appointments.
Appointments to fill expired terms in the office of drainage commissioner shall be made by the presiding judge of the district court of the county having jurisdiction of the drainage district at the courthouse therein on the first Tuesday of July in each succeeding year or as soon thereafter as possible.
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 1 - Organization and Preliminary Report of Commissioners › Section 41-9-120 - District Commissioners; Vacancies.

41-9-120. District commissioners; vacancies.
Vacancies in the board may be filled by such judge at any time, the commissioners appointed to hold for the residue of the unexpired term. The removal of any commissioner from the county or counties in which lands of such district are situated shall render his office vacant.
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 1 - Organization and Preliminary Report of Commissioners › Section 41-9-121 - District Commissioners; Financial Records, Minutes of Meetings to Be Kept.

41-9-121. District commissioners; financial records, minutes of meetings to be kept.
The commissioners shall keep an accurate record of all moneys collected on account of the work under their charge and of all payments made by them, and shall take vouchers for such payments and shall keep full, accurate and true minutes of all their proceedings.
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 1 - Organization and Preliminary Report of Commissioners › Section 41-9-122 - District Commissioners; Filing of Annual Financial Report.

41-9-122. District commissioners; filing of annual financial report.
On the first Tuesday of July each year they shall file in the office of the clerk of the court having jurisdiction in the matter an itemized statement of all their receipts and disbursements, and leave said report in such office for examination by parties interested at all times.
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 1 - Organization and Preliminary Report of Commissioners › Section 41-9-124 - District Commissioners; Under Control and Direction of Court; Failure to Obey.

41-9-124. District commissioners; under control and direction of court; failure to obey.
They shall at all times be under the control and direction of the court or presiding judge, and shall obey its or his directions; for failure so to do they shall forfeit their compensation and be dealt with summarily as for contempt.
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 1 - Organization and Preliminary Report of Commissioners › Section 41-9-125 - Suit on Bond of Commissioners.

41-9-125. Suit on bond of commissioners.
Suit may also be brought upon their bonds, in the name of the clerk of the court, and the amount recovered shall be applied to the construction of the work or to the party injured, as justice may require.
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 1 - Organization and Preliminary Report of Commissioners › Section 41-9-126 - Organization of Commission; Examination of Lands; Contents of Preliminary Report.

41-9-126. Organization of commission; examination of lands; contents of preliminary report.
(a) Within ten (10) days after said commissioners shall be appointed and qualified they shall meet and organize by electing one (1) of their number secretary, and as soon as may be thereafter, they shall personally examine the lands in said district and make a preliminary report to the court, which report shall state:
(i) Whether said proposed work is necessary, or would be of utility in carrying out the purposes of the petition;
(ii) Whether the proposed work would promote the public health;
(iii) Whether the proposed work would promote the public welfare;
(iv) Whether the total benefits from said proposed work will exceed the cost thereof together with the damages resulting therefrom; and in arriving at this they shall include all benefits and all damages resulting therefrom both within and without said district;
(v) Said commissioners shall in said report fix as near as may be and report to the court the boundaries of said proposed drainage district. Said boundaries shall not be so changed from those in the petition described as to deprive the court of jurisdiction by reason of not having on the petition the required number of signers owning land within said changed boundaries.
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 1 - Organization and Preliminary Report of Commissioners › Section 41-9-127 - Change of Plan Proposed in Petition.

41-9-127. Change of plan proposed in petition.
If said proposed work as in the petition described, is not best suited to carry out the purposes of the petition the commissioners shall consider and base their report upon the one (1) best suited to carry out those purposes and propose to the court the one (1) by them considered.