reglab/statecodes huggingface dataset:
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 1 - Organization and Preliminary Report of Commissioners › Section 41-9-128 - Hearings on Report; Notice Generally.

41-9-128. Hearings on report; notice generally.
Upon the filing of the preliminary report the court or the presiding judge thereof shall by order fix a time and place when and where the same shall be heard at some general or special term of said court, not less than thirty (30) days from the filing of said report. Notice of the time and place of hearing upon said preliminary report shall be given to all interested persons by publishing a brief notice of the filing of said report, including a brief statement of the substance of said report, in one (1) or more newspapers published in each county in which any land in said proposed drainage district shall be situated (or if no newspaper is published in said county, in one (1) or more newspapers in an adjoining county) once in each week for three (3) successive weeks prior to the day appointed for hearing thereon. Said notice shall describe all lands by said report included in said district, which were not included therein by the petition, and state that such lands are to be included in said district, and shall describe all lands excluded from said district which were by the petition included therein and shall state that such lands are to be excluded from said district.
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 1 - Organization and Preliminary Report of Commissioners › Section 41-9-129 - Hearings on Report; Notice to Owners of Added Lands.

41-9-129. Hearings on report; notice to owners of added lands.
When lands are added to the district the owners thereof shall be served with said notice as provided for serving of notice of hearing on the petition.
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 1 - Organization and Preliminary Report of Commissioners › Section 41-9-130 - Hearings on Report; Adjournment.

41-9-130. Hearings on report; adjournment.
Upon the day fixed for hearing upon said report, said court may adjourn said hearing for good cause or may proceed to hear, try and determine all issues arising upon said report.
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 1 - Organization and Preliminary Report of Commissioners › Section 41-9-131 - Hearings on Report; Remonstrances.

41-9-131. Hearings on report; remonstrances.
Any interested party may appear and remonstrate against said report or any material part thereof. All remonstrances shall be in writing, be verified on oath, be filed at least five (5) days before the day fixed for hearing, and shall set forth the facts upon which they are based.
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 1 - Organization and Preliminary Report of Commissioners › Section 41-9-132 - Hearings on Report; Trial; When Petition for Organization Dismissed.

41-9-132. Hearings on report; trial; when petition for organization dismissed.
All issues arising upon said preliminary report shall be tried by the court without a jury. If the court shall find in favor of the remonstrance, or if said report be that the proposed work will not promote the public health, and will not promote the public welfare, or that the benefits from said proposed work will not exceed the damages and cost of construction, and no remonstrance against said report is filed, the petition shall be dismissed and the costs taxed against the petitioners, and judgment entered therefor, as in W.S. 41-9-231 hereinafter provided.
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 1 - Organization and Preliminary Report of Commissioners › Section 41-9-133 - Hearings on Report; When Report Confirmed.

41-9-133. Hearings on report; when report confirmed.
But if the preliminary report be that the benefits of said proposed work (or work by the commissioners proposed) will exceed the damages and the cost of construction and that the public health will be promoted thereby, or that the public welfare will be promoted thereby, and no remonstrance thereto is filed, or if on trial of the issues made on said report the court finds that the benefits will exceed the damages and cost of construction, and that the public health or the public welfare will be promoted by said proposed work, the court shall make and file such findings in writing and make an order confirming said report, or directing amendment of the report to conform to the findings of said court. And when so amended the court shall by order confirm the same, and direct said commissioners to proceed with said work with all convenient speed.
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 1 - Organization and Preliminary Report of Commissioners › Section 41-9-134 - Hearings on Report; Findings Conclusive; Appeal.

41-9-134. Hearings on report; findings conclusive; appeal.
Such findings and order shall be final and conclusive unless appealed from to the supreme court within thirty (30) days after filing thereof.
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 1 - Organization and Preliminary Report of Commissioners › Section 41-9-135 - Creation of Corporate Entity Upon Confirmation of Report.

41-9-135. Creation of corporate entity upon confirmation of report.
Upon entering of such order of confirmation of said preliminary report of record, such drainage district shall be, and is thereby declared to be organized as a drainage district, by the name mentioned in said petition, or such other name as the court shall fix, with the boundaries fixed by the order confirming the report of said commissioners, to be a body corporate by said name fixed in said order, with the right to sue and be sued, to adopt and use a seal, and to have perpetual succession.
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 1 - Organization and Preliminary Report of Commissioners › Section 41-9-136 - Corporate Authorities.

41-9-136. Corporate authorities.
The commissioners appointed as aforesaid and their successors in office shall, from the entry of such order of confirmation, constitute the corporate authority of said drainage district, and shall exercise the functions conferred on them by law, and do all things and perform all acts necessary to the construction and preservation of the proposed work.
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 1 - Organization and Preliminary Report of Commissioners › Section 41-9-137 - All Proceedings Deemed Necessary.

41-9-137. All proceedings deemed necessary.
All proceedings herein required, prior to the entry of such order of confirmation of record, shall be deemed to be and are hereby declared to be necessary to the formation of said body corporate.
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 2 - Operation and Administration › Section 41-9-201 - Authority of Commissioners to Enter Lands for Repairs.

41-9-201. Authority of commissioners to enter lands for repairs.
The commissioners, their agents, servants and employees shall have the right to go upon all lands along any drain, ditch, levee or embankment in their district, to inspect, deepen, widen and repair the same whenever necessary, doing no unnecessary damage, and shall not be liable for trespass therefor.
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 2 - Operation and Administration › Section 41-9-202 - Power of Eminent Domain.

41-9-202. Power of eminent domain.
Any drainage district created and existing under W.S. 41-9-101 through 41-9-278 may, whenever it shall require a way of necessity outside its boundaries for any of its work or works theretofore authorized by the court, proceed to procure the same by the exercise of the power of eminent domain.
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 2 - Operation and Administration › Section 41-9-203 - Presumption of Validity of Acts of Commissioners.

41-9-203. Presumption of validity of acts of commissioners.
Commissioners of drainage districts are hereby declared to be public officers. The presumption shall be in favor of the regularity and validity of all their official acts. Whenever any report of the commissioners of any drainage district or any part of any such report is contested, remonstrated against or called in question, the burden of proof shall rest upon the contestant, remonstrant or questioner.
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 2 - Operation and Administration › Section 41-9-204 - Commissioners Under Supervision of Court; Removal; New Bonds.

41-9-204. Commissioners under supervision of court; removal; new bonds.
The court shall at all times have supervision of said commissioners, and may at any time require them to make a report on any matter or matters connected with their duties as commissioners, and after due hearing may remove from office any or all of said commissioners for neglect of duty or malfeasance in office or for other good cause. The court may at any time require the commissioners to give new bonds to the clerk of the court and may fix the amount thereof, and said bonds shall be submitted to the court or the presiding judge thereof for approval.
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 2 - Operation and Administration › Section 41-9-205 - Waiver of Notice.

41-9-205. Waiver of notice.
In case of failure to serve any notice of any proceeding or hearing in this chapter provided for, upon any person or corporation, such person or corporation, may appear in open court and waive such defect of service, or may waive it by filing in court or delivering to the commissioners of the drainage district to be filed in court a written waiver of such defect, in which waiver said defect shall be described; which waiver shall be signed by such party and witnessed and acknowledged before a proper officer having power to take acknowledgments of deeds.
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 2 - Operation and Administration › Section 41-9-206 - Liberal Construction.

41-9-206. Liberal construction.
The provisions of this act shall be liberally construed to promote the public health and welfare by reclaiming wet or overflowed lands, building embankments or levees and the preservation of any system of drainage heretofore constructed according to law.
Division 2. Report on Proposed Work
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 2 - Operation and Administration › Section 41-9-210 - Levels, Surveys and Maps to Be Made; Report to Court Required.

41-9-210. Levels, surveys and maps to be made; report to court required.
As soon as may be after the confirmation of the said preliminary report, or within such time as the court may direct, said commissioners shall proceed to have all necessary levels taken and surveys made, and shall lay out said proposed work, make a map thereof and plans, profiles and other specifications thereof, and report in writing to the court.
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 2 - Operation and Administration › Section 41-9-211 - Contents; Starting Points, Routes and Termini.

41-9-211. Contents; starting points, routes and termini.
The commissioners shall report whether the starting point, routes and termini of the proposed work and the proposed location thereof, as in the petition contained, are in all respects proper and feasible, and, if not, shall report such as are most proper and feasible.
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 2 - Operation and Administration › Section 41-9-212 - Contents; Change of Boundaries Generally.

41-9-212. Contents; change of boundaries generally.
If it be found necessary to change the boundaries of said proposed district, as by them previously fixed, they shall report said proposed change, and, if possible, shall report the names, residence and post-office addresses of the owner or owners of all lands affected by said change in boundaries, but no such change in boundaries shall be made as to deprive the court of jurisdiction; provided, however, that if the owners of lands adjacent to the district petition to have their lands brought into the district such may be considered the same as original petitioners in making changes of boundaries.
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 2 - Operation and Administration › Section 41-9-213 - Contents; Assessment of Damages.

41-9-213. Contents; assessment of damages.
The commissioners shall report what lands within the district will be injured by the proposed work, if any, and they shall therein award to each tract, lot, easement or interest by whomsoever held, the amount of damages which they shall determine will be caused to the same by the proposed work.
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 2 - Operation and Administration › Section 41-9-214 - Contents; Assessment of Benefits.

41-9-214. Contents; assessment of benefits.
The commissioners shall report what lands within the district will be benefited by the proposed work and they shall assess against each tract, lot and easement by whomever held the amount of benefits which they determine will be caused to the same by the proposed work. The benefits so assessed are herein referred to as "assessment of benefits".
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 2 - Operation and Administration › Section 41-9-215 - Contents; Cost of Construction.

41-9-215. Contents; cost of construction.
The commissioners shall also determine and report to the court the total amount, as near as they can determine, what said proposed work will cost, which cost shall include all incidental expenses, the reasonable cost of organizing said district, the costs of proceeding, and all probable damage to lands, both within and without the district, together with a reasonable sum for attorney fees for the petitioners, and such sum as the commissioners may deem necessary to provide for possible defaults and delinquencies in payment of assessments, which cost will hereinafter be referred to as "cost of construction".
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 2 - Operation and Administration › Section 41-9-216 - Contents; Assessments Upon Particular Tracts, Lots and Corporations.

41-9-216. Contents; assessments upon particular tracts, lots and corporations.
If the cost of construction of any particular part of the work so proposed to be done should be assessed upon any particular tract or tracts, lot or lots of land, or upon any corporation or corporations, the commissioners shall so specify, and in their report shall fix and determine the sums which should be assessed against said tracts, lots and corporations, and assess such sum against said tracts, lots and corporations.
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 2 - Operation and Administration › Section 41-9-217 - Contents; Assessments for Construction Generally.

41-9-217. Contents; assessments for construction generally.
They shall apportion and assess the part of this "cost of construction," not assessed as above, against the several benefited tracts, lots and easements in said drainage district, in proportion to the benefits which they have assessed against the same, by setting down opposite each tract, lot or easement, the sum which they assess against the same for construction. The assessments which together make up the cost of construction, as above defined, are herein referred to as "assessments for construction".
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 2 - Operation and Administration › Section 41-9-218 - Contents; Special Benefits to Corporations.

41-9-218. Contents; special benefits to corporations.
(a) If any corporation would, in the judgment of said commissioners, derive special benefits from the whole or any part of such proposed work, the commissioners shall so report and assess those benefits, and assess against the same its proportionate share of the costs of said proposed work. The word "corporation" wherever in this act contained, shall be construed to include:
(i) Railroad companies;
(ii) Other private corporations of all kinds;
(iii) Towns;
(iv) Cities;
(v) Villages; and
(vi) Other drainage districts.
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 2 - Operation and Administration › Section 41-9-221 - Commissioners Not to Be Confined to Plans in Petition.

41-9-221. Commissioners not to be confined to plans in petition.
The commissioners shall not be confined to the points of commencement, routes or termini of the drains or ditches, or the number, extent or size of the same, or the location, plan or extent of any levee, ditch or other work, as proposed by the petitioners, but shall locate, design, lay out and plan the same in such manner as to them shall seem best, to promote the public health or welfare, and to drain, or to protect the lands of the parties interested with the least damage and the greatest benefit to all lands affected thereby. And any plan proposed by the commissioners, may, on the application of any person interested, on the hearing hereinafter provided for, or on the application of the commissioners, be altered by the court, by written order, in such manner as shall appear to the court to be just.
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 2 - Operation and Administration › Section 41-9-222 - Changing Boundaries Upon Application to Court; Filing of Report.

41-9-222. Changing boundaries upon application to court; filing of report.
If the commissioners find that the proposed district, as described in the petition filed, will not embrace all of the lands that will be benefited by the proposed work, or that it will include lands that will not be benefited and are not necessary to be included in said district for any purpose, they shall extend or contract the boundaries of the proposed district so as to include or exclude all such lands, as the case may be; and the boundaries adopted and reported by them, may, upon the hearing of their report, as hereinafter provided, upon their application, or that of any person interested, be altered by the court in such manner as shall appear to be just; provided, that the alteration of boundaries as aforesaid shall not have the effect of so far enlarging or contracting the proposed district as to render such petition void or dismissible. Said report shall be filed with the clerk of the court.
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 2 - Operation and Administration › Section 41-9-223 - Notice of Hearings on Report; Contents; Order for Hearing.

41-9-223. Notice of hearings on report; contents; order for hearing.
Upon the filing of said report, the court shall make and enter an order fixing the time and place when and where all persons interested may appear and remonstrate against the confirmation thereof, and the clerk of said court shall cause notice of the time and place of such hearing to be given to all parties interested, which notice shall contain a brief description of the lands benefited and damaged, together with the net damage awarded to the several tracts, parcels, easements and corporations to which damages are awarded, and the sum in each case assessed for construction against said several benefited parcels, tracts, easements and corporations.
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 2 - Operation and Administration › Section 41-9-224 - Notice of Hearings on Report; Publication and Service Generally.

41-9-224. Notice of hearings on report; publication and service generally.
Said notice shall be published for at least three (3) successive weeks, prior to the day set for the hearing in one (1) newspaper published in each county in which said lands, or any part thereof within said district are situate (and if no newspaper is published in said county, in some newspaper in an adjoining county), and by serving a copy of such notice on each of the persons or corporations, by said report recommended to be assessed, or whose lands are by said report recommended to be included in said district, and who resides in any of the counties out of which the proposed district is formed, at least twenty (20) days before the day of hearing in the same manner that a summons is required to be served; provided, absence from the county of such person or corporation shall excuse personal service, whereupon due publication of such notice shall be sufficient service.
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 2 - Operation and Administration › Section 41-9-225 - Notice of Hearings on Report; When Land Situated in Several Counties.

41-9-225. Notice of hearings on report; when land situated in several counties.
In case the lands are situated in more than one (1) county the notice published in the county wherein the court having jurisdiction is situated shall contain a description of all the lands in said proposed district, the damages awarded to the several parcels thereof and amounts assessed for construction against the several parcels thereof, but the notice published in any other county or counties may contain a description of only the lands situate in said county for which said publication is made, together with the damages awarded to and assessments for construction against the several tracts, parcels, easements and interests situate in said county for which publication is made.
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 2 - Operation and Administration › Section 41-9-226 - Notice of Hearings on Report; Effect of Personal Service.

41-9-226. Notice of hearings on report; effect of personal service.
In case of service of said notice personally, or the acceptance and waiver thereof on all the owners of the lands within the district, said service shall be sufficient and give the court jurisdiction without said publication.
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 2 - Operation and Administration › Section 41-9-227 - Hearings; Modification of Report Generally.

41-9-227. Hearings; modification of report generally.
If the court finds that the report requires modification the same may by order of the court be referred back to the commissioners, who may be required to modify it in any respect.
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 2 - Operation and Administration › Section 41-9-228 - Hearings; Confirmation Order Generally; Appeal.

41-9-228. Hearings; confirmation order generally; appeal.
If there be no remonstrance, or if the finding be in favor of the validity of the proceedings, or after the report shall have been modified to conform to the findings, the court shall confirm the report and the order of confirmation shall be final and conclusive, the proposed work shall be established and authorized, and the proposed assessments approved and confirmed unless within thirty (30) days an appeal be taken to the supreme court, the said order of confirmation shall also fix the commissioners' bond.
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 2 - Operation and Administration › Section 41-9-229 - Hearings; Modification of Combination Order.

41-9-229. Hearings; modification of combination order.
Said order of confirmation may, at the same or at any subsequent term of said court, be revised, modified or changed, in whole or in part, on petition of the commissioners, after such notice as the court may require, to parties adversely interested.
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 2 - Operation and Administration › Section 41-9-230 - Hearings; Supplemental Report; Amending Original Report.

41-9-230. Hearings; supplemental report; amending original report.
At any time prior to making the order confirming said report or thereafter the court may permit the commissioners to present and file a supplemental report, or amend their report, as to any matter which, pursuant to the provisions hereof, was or might have been included in the original report presented by them, and after reasonable notice given to all parties interested, in such manner as the court shall direct, the court may, upon the hearing in said matter make such order as the case may require.
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 2 - Operation and Administration › Section 41-9-231 - Judgment; Entry When Petition on Proceedings Dismissed.

41-9-231. Judgment; entry when petition on proceedings dismissed.
(a) In case the petition or proceedings are dismissed as provided in W.S. 41-9-132, a judgment shall be entered against the petitioners and in favor of the commissioners for the costs, expenses, and liabilities incurred in said proceedings, but for the benefit of those who have rendered services or advanced money in the prosecution of said proceedings, or have recovered costs on successful contests therein.
(b) In case the proceedings are dismissed at any time, or the district is discontinued for any cause subsequent to the time provided in W.S. 41-9-132, a judgment shall be entered against the owners of all the lands then within the boundaries of said drainage district and in favor of the commissioners for all costs, expenses and liabilities incurred in said proceedings up to and including the time of said dismissal or said discontinuance, but for the benefit of those who have rendered service, or advanced money in connection with said drainage district, or have recovered costs on successful contests herein.
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 2 - Operation and Administration › Section 41-9-232 - Judgment; Filing of Statement of Costs; Hearing.

41-9-232. Judgment; filing of statement of costs; hearing.
Before any judgment is entered, said commissioners shall file with the clerk of the district court, in which said proceedings were instituted, an itemized statement of such costs and expenses, duly verified, upon which an order shall issue, requiring said petitioners to show cause before said court, at a time and place named, why judgment should not be entered against said petitioners for the amount of said costs and expenses. Notice of the hearing on said order to show cause, shall be given to said petitioners, by mailing to each a copy thereof, to their last known post-office address, at least twenty (20) days prior to the time set for hearing, and by publication of the same in one (1) or more newspapers, published in the county, where the proceedings are pending, at least three (3) successive weeks prior to the day set for such hearing. Said notice need not contain an itemized statement of said account.
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 2 - Operation and Administration › Section 41-9-233 - Judgment; Contributions for Payment Prorated.

41-9-233. Judgment; contributions for payment prorated.
All petitioners shall, among themselves, contribute in the payment of said judgment, in proportion to the number of acres of land they have within the boundaries of the proposed district at the time of the filing of said petition.
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 2 - Operation and Administration › Section 41-9-240 - Payment Generally; Unpaid Assessments as Liens; Duty of Clerk of Court; State Lands.

41-9-240. Payment generally; unpaid assessments as liens; duty of clerk of court; state lands.
Unless otherwise provided by said order, such assessment shall be payable at once; and from the time of the entry of said order, assessments for construction of new work and additional assessments and interest thereon, shall be a lien upon the lands assessed, until paid. Any owner of land, or any corporation assessed for construction, may at any time within thirty (30) days after the confirmation of said report, pay into court, the amount of the assessment against his land or any tract thereof, or against any such corporation. Said payment shall relieve said lands from the lien of said assessment, and said corporation from all liability on said assessment. The clerk of said court shall collect no fees or commissions for collecting or disbursing such payments, and shall on demand of the commissioners of the district pay over to them all sums thus coming into his hands. Upon presentation to the state auditor of an order of the district court having jurisdiction of such drainage district, properly certified, the auditor shall draw his warrant on the treasurer on the common school account within the permanent land income fund in favor of the commissioners of such drainage district for the total amount that may be assessed against any lands included in such district, the title to which is in the state of Wyoming, and upon the payment of such warrants such lands shall thereby be relieved from the lien theretofore created for such costs of construction.
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 2 - Operation and Administration › Section 41-9-241 - Payment in Installments.

41-9-241. Payment in installments.
At the time of confirmation of any assessment provided for by chapter 76, Wyoming Compiled Statutes 1920, or acts amendatory thereof or supplemental thereto, it shall be competent for the court to order the same to be paid in installments of such amount and at such time as will be convenient for the accomplishment of the purposes for which such assessment was made, and the payment of the principal and interest of such notes or bonds of said district as the court shall grant authority to issue, such installments to become delinquent on the same date or dates as may be fixed by law for state and county taxes to become delinquent, and such installments shall draw interest from the date of any notes or bonds issued by the district and for the payment of which said assessments are pledged, at such rate, not to exceed seven percent (7%) per annum, as may be fixed by the court.
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 2 - Operation and Administration › Section 41-9-242 - Current Expenses; Annual Budget Generally.

41-9-242. Current expenses; annual budget generally.
Assessments to meet expenses of any current year of any district shall become due, payable and delinquent at such time or times each year as may be fixed by law for state and county taxes to become due, payable and delinquent. Commissioners having charge of any drain shall on or before the first Tuesday of June of each year file with the clerk of the court having jurisdiction of such district, a report showing an itemized estimate of the money to be raised by assessment within the district for the purpose of constructing new work, maintenance and to meet the yearly current expenses of the district. In addition to the amount above provided, the commissioners may add a sum which in their judgment shall be sufficient to provide for possible delinquencies. Within thirty (30) days after filing such annual report, at a time and place to be fixed by the court or a judge thereof, the judge shall examine such report, hear all objections thereto, fix and determine the amount to be raised by assessments for the current year and cause such adjudication to be entered of record in said court and a certified copy thereof to be delivered to the commissioners of such district. The commissioners shall add thereto such amount as may be necessary to meet the principal and interest on lawful indebtedness of the district maturing during the current year, together with a sum which in their judgment shall be sufficient to provide for possible delinquencies. When thus completed it shall be known as "The budget of .... Drainage District for the year (year)" and also be verified under oath by any one (1) of the commissioners.
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 2 - Operation and Administration › Section 41-9-243 - Assessment Roll Generally.

41-9-243. Assessment roll generally.
It shall be the duty of the commissioners of each drainage district, on or before the first Monday of August of each year to prepare an assessment roll of said district, which shall contain the name of the owner, if known, together with a description of each lot, tract and easement of land within said district, and the aggregate assessments of benefits confirmed by the court against the same; and the name of all corporations assessed, together with the aggregate assessment levied against such corporations respectively. The assessment roll shall also show the amount assessed against each lot, tract and easement of land, and against each corporation in the district, for current expense and to meet the principal and interest on the indebtedness of the district for the current year. All such assessments shall be apportioned on the aggregate assessment of benefits last confirmed by the court. When such assessment roll is completed it shall be signed by the commissioners of said district and verified by any one of them. On or before the first Monday in August, of each year the commissioners of the drainage district shall deliver to the county commissioners of the county having jurisdiction of such drainage district the assessment roll of such district. The county commissioners of said county immediately upon the receipt of the assessment roll of such district and at the time of making the requisite tax levy for county purposes, shall levy and assess against each lot, tract and easement of land and against each corporation, the respective amounts levied and assessed against the same on said assessment roll. Thereupon the county commissioners shall certify to and deliver said assessment roll to the county assessor of such county, and in case the territory embraced in such district is located in two (2) or more counties a copy of the assessment roll as certified to by the county commissioners of the county having jurisdiction of such district shall be delivered to the assessor of each county in which any of the land of the district is located. Upon receipt of such assessment roll the assessors of the counties embracing any of the lands of such district shall extend upon the tax roll of such county the respective amounts levied and assessed against each lot, tract and easement of land, and against each corporation as shown by said assessment roll of said district.
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 2 - Operation and Administration › Section 41-9-244 - Certification Procedure.

41-9-244. Certification procedure.
When the commissioners shall fail to certify to the county commissioners of the proper county, any one (1) or more drainage assessments for construction, reconstruction, enlargement, extension, improvement, or repair, against any lands in said district, at the proper time, they may certify the same to the county commissioners of the proper county at any time thereafter, whether in the same or any subsequent year, as an additional assessment roll of said district for the then current year, and upon receipt of such additional assessment roll by such county commissioners it shall be the duty of such commissioners to make a levy therefor and to certify the same to the county assessor in the manner hereinbefore provided, and it shall then be the duty of the county assessor to add the said levy to the tax roll for the then current calendar year.
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 2 - Operation and Administration › Section 41-9-245 - Additional Assessments; Generally.

41-9-245. Additional assessments; generally.
If in the first assessment for construction the commissioners shall have reported to the court a smaller sum than is needed to complete the work of construction, or if in any year an additional sum is necessary to pay the principal of or interest on lawful indebtedness of said drainage district, further or additional assessments on the lands and corporations benefited, proportioned on the last assessment of benefits which has been approved by the court, shall be made by the commissioners of said drainage district under the order of the court or presiding judge thereof. Notice of hearing of the application for such additional assessment shall be published at least once each week for three (3) consecutive weeks in one (1) newspaper published in each county in which said lands, or any part thereof, within said district are situated which further or additional assessments may be made payable in installments, as specified in W.S. 41-9-241, and shall be treated and collected in the same manner as the original assessments for construction confirmed by the court, in said drainage district.
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 2 - Operation and Administration › Section 41-9-246 - Additional Assessments; Commissioner's Petition; Hearings; Modification of Budget.

41-9-246. Additional assessments; commissioner's petition; hearings; modification of budget.
The commissioners of any drainage district within the state of Wyoming shall not incur any indebtedness for current expenses of the district in excess of the amount provided in the budget: provided, however, in case a greater sum than that provided in the budget is required the commissioners may file a petition setting forth the causes therefor, with the clerk of the court having jurisdiction of said district. Immediately upon the filing of said petition the court shall make an order fixing the time and place of hearing and directing the form and manner of notice thereof to be given if the court deem such hearing advisable. If the court shall authorize the expenditure of a greater sum of money the commissioners shall be authorized to incur indebtedness equal to the amount of the additional sum authorized by the court, and in case the expenditure occurs at a time when it is too late to place the amount upon the assessment roll for the current year, such amounts may be added to the budget of ensuing years. All debts contracted in contravention of this section shall be void.
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 2 - Operation and Administration › Section 41-9-247 - Omissions; Generally.

41-9-247. Omissions; generally.
Omission to assess benefits, or to assess for construction, or to make additional assessment, or to make assessment for repairs, or to award damages to any one (1) or more tracts of land or easements in a drainage district, or to assess benefits, or to assess for construction, or to assess for repairs, or to make additional assessments against any corporation which should have been assessed, shall neither affect the jurisdiction of the court to confirm the report nor to render the benefits assessed, or the assessments for construction, or additional assessments, or assessments for repairs against other lands, or assessments against any corporation voidable, but the commissioners of said drainage district shall thereafter, as soon as they discover the omission, or as soon as notice thereof, either agree with the omitted parties upon the proper assessments and award the damages or assess such benefits, make such assessments for construction and make such additional assessments against the omitted lands and corporations, and award such damages as shall be just, and report the facts, together with such assessments and awards, to the court.
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 2 - Operation and Administration › Section 41-9-248 - Omissions; Agreement Between Landowner and Commissioners.

41-9-248. Omissions; agreement between landowner and commissioners.
In case of omission to assess any corporation or land that should be assessed for benefits, or construction, or repair, or additional assessment, or to award damages, said omitted party and the owner of omitted land may in writing agree with the commissioners of said district what the assessment should be against said land, or against said corporation, or what said damages should be and such agreement shall be acknowledged and witnessed as provided above for waivers, and be filed in the court.
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 2 - Operation and Administration › Section 41-9-250 - Objections; Landowners to Show Cause; Presumption of Validity of Assessments.

41-9-250. Objections; landowners to show cause; presumption of validity of assessments.
Any owner of land, or any interest in land, within a drainage district, who claims that his land in said district is exempt from liability for, or lien of any assessment for construction or repairs, or any additional assessment by said commissioners levied against the same whether said assessments be the first or any subsequent assessment or questions the legality of such assessment, may at any time, on ten (10) days notice, or order to show cause, be brought before the court having jurisdiction and required to show cause why said land should not be bound by all drainage district assessments in any report or reports of the commissioners of said district assessed against the same. The presumption shall be in favor of the regularity of such assessments, and they shall stand as valid assessments unless the owner of such land, or some interest therein shall show that said assessment is inequitable, or is void because the lands were not subject to assessment in the first instance.
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 2 - Operation and Administration › Section 41-9-251 - Objections; Statement of Owner; Default; Decrees; Appeal; Adjournment of Hearing; Trial.

41-9-251. Objections; statement of owner; default; decrees; appeal; adjournment of hearing; trial.
On the return day of said notice, or order to show cause, the said owner shall in writing, verified on oath, state the facts on which his claim is based. If he fails to appear and set forth such facts, upon the filing of the proof of service of such notice, or order to show cause upon him when notice is necessary, an order shall be made by the court confirming such assessment or assessments, which order shall be final and conclusive unless appealed from to the supreme court within thirty (30) days. The court may adjourn the hearing on said return day and thereafter, and if on the return day, or adjourned day, a trial is found necessary, the court shall fix the time and place of trial, and frame all necessary issues as provided in W.S. 41-9-104.
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 2 - Operation and Administration › Section 41-9-252 - Objections; Procedure When Assessments Declared Void.

41-9-252. Objections; procedure when assessments declared void.
In case the court decides that such lands could not, at the time said assessment or assessments were made, be assessed for drainage purposes, and that said assessment or assessments, are void, the commissioner shall levy an additional assessment on all of the assessable lands and corporations in said district based on the last assessment of benefits approved by the court, to pay the sum lost to the district by reason of the void assessment, or shall pay said sum out of the general funds of the district.
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 2 - Operation and Administration › Section 41-9-253 - Assessments as Liens Generally.

41-9-253. Assessments as liens generally.
All assessment provided for in chapter 76, Wyoming Compiled Statutes 1920, and acts amendatory thereto and supplemental thereof, together with all interest thereon, and all penalties for default in the payment of same, and all costs of collecting the same shall, from the date of the order of court confirming such assessments until paid, constitute a perpetual lien in amount not in excess of the benefits severally assessed, upon all the land and other property against which such assessments shall be levied, as provided in this act, to which only the lien of the state for general state, county, city, town or school taxes, shall be paramount, and no sale of such property to enforce any general state, county, municipal, or school tax, or other lien shall extinguish the lien of such assessments.
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 2 - Operation and Administration › Section 41-9-254 - Assessment as Court Judgment.

41-9-254. Assessment as court judgment.
Each and every sum assessed for construction, for additional assessment or for repairs against any land or against any corporation, as soon as such assessment is confirmed by the court, shall be and is declared to be a judgment of the district court in favor of said drainage district and against said land or corporation, and unless some other method of collection is herein provided, shall be collected in the same manner as any other money judgment is collected, provided that whenever said assessment is a lien upon land it shall only be collected out of said land on which it is a lien.
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 2 - Operation and Administration › Section 41-9-255 - Conclusiveness of Order; Appeals Generally.

41-9-255. Conclusiveness of order; appeals generally.
The collection of any assessments made by the commissioners for construction and confirmed by the court, shall not be restrained or obstructed by reason of any omission, imperfection or defect in the organization of any district or in any proceedings occurring prior to the order confirming the assessments of benefits, but such order shall be conclusive as to the regularity of all proceedings relating to the assessments of the benefits unless appealed from within thirty (30) days after the entry of such order.
2023 Wyoming Statutes › Title 41 - Water › Chapter 9 - Drainage Districts › Article 2 - Operation and Administration › Section 41-9-256 - Notes and Bonds Generally.

41-9-256. Notes and bonds generally.
(a) The commissioners may borrow money, not exceeding the amount of assessment for construction, additional assessments and assessments for repairs, reconstruction, enlargement, extension and improvement, unpaid at the time of borrowing for the construction, repair, reconstruction, enlargement, extension or improvement of a work which they shall be authorized to construct, repair, reconstruct, enlarge, extend or improve, or for the payment of indebtedness they may have lawfully incurred, and may secure the same by notes or bonds, bearing interest and not running beyond one (1) year after the last installment of the assessment, on the account of which the money is borrowed, shall fall due, which notes or bonds shall not be sold at less than ninety percent (90%) of their face value, which bonds are transferable by delivery to the same extent as negotiable paper of the highest character. The notes or bonds shall not be held to make the commissioners personally liable, but shall be held to be the lawful indebtedness of the district and constitute a lien upon the assessments for the repayment of the principal and interest of the notes or bonds.
(b) In case any monies derived from bonds sold to pay for the original construction of said drainage system, or for the reconstruction, enlargement, extension or improvement thereof, now or hereafter, remains on hand after such work is completed and paid for, and not raised for damages unpaid for, such residue may be used in maintenance and repair work, as in this act provided before making assessments for such maintenance and repair.