0 chapters · 1,298 sections in this title.
Ala. Code § 9-8-1 Declaration of Policy; Purpose of Article
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It is the policy and purpose of the Alabama Legislature to assure that the state at all times has an abundance of water, both as to its quantity and quality, necessary to meet the requirements of an expanding population and industrial community and, to help achieve this objective…
Ala. Code § 9-8-2 Establishment Authorized; Receipt of Federal Funds
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The Board of Trustees of Auburn University may establish or provide for the establishment of a water resources research institute or center, which is hereby designated as the state agency to accept federal funds appropriated or allocated by Congress to the state for the use of wa…
Ala. Code § 9-8-20 Definitions
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Wherever used or referred to in this article, unless a different meaning clearly appears from the context: (1) DISTRICT or SOIL AND WATER CONSERVATION DISTRICT. A governmental subdivision of this state and a public body corporate and politic organized in accordance with the provi…
Ala. Code § 9-8-21 Legislative Findings; Declaration of Policy
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(a) It is hereby declared as a matter of legislative determination: (1) That the farm, forest and grazing lands of the State of Alabama are among the basic assets of the state and that the preservation of these lands is necessary to protect and promote the health, safety and gene…
Ala. Code § 9-8-22 State Soil and Water Conservation Committee
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(a) There is hereby established, to serve as an agency of the state and to perform the functions conferred upon it in this article, the State Soil and Water Conservation Committee. (b) This committee shall consist of nine persons: The Director of the State Cooperative Agricultura…
Ala. Code § 9-8-23 Creation and Incorporation of Districts; Increase or Decrease in
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Boundaries; Reorganization; Change of Name. (a) Any 25 owners of land lying within the limits of the territory proposed to be organized into a district may file a petition with the State Soil and Water Conservation Committee asking that a soil and water conservation district be o…
Ala. Code § 9-8-24 Supervisors
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The governing body of the district shall consist of one supervisor from each of the counties within the district, but in no event less than five, appointed as provided in this article. The supervisors shall be persons who are by training and experience qualified to perform the sp…
Ala. Code § 9-8-25 Powers and Duties of Districts; Performance of Work on Private Lands;
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Acquisition, Etc., of Land by Public Bodies; Exemption from Taxation. (a) A soil and water conservation district organized under this article shall constitute a governmental subdivision of this state and a public body, corporate and politic, exercising public powers, and such dis…
Ala. Code § 9-8-26 Land-Use Regulations - Procedure for Adoption; Amendment, Repeal,
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Etc.; Contents; Publication, Etc. (a) The supervisors of any district shall have authority to formulate regulations governing the use of lands within the district in the interest of conserving soil and soil resources and preventing and controlling soil erosion. The supervisors ma…
Ala. Code § 9-8-27 Land-Use Regulations - Access to Lands for Investigation as to
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Observance; Damage Remedy for Violations. The supervisors shall have authority to go upon any lands within the district to determine whether land-use regulations adopted under the provisions of Section 9- 8-26 are being observed. The supervisors are further authorized to provide …
Ala. Code § 9-8-28 Land-Use Regulations - Enforcement
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Where the supervisors of any district shall find that any of the provisions of land- use regulations prescribed in an ordinance adopted in accordance with the provisions of Section 9-8-26 are not being observed on particular lands and that such nonobservance tends to increase ero…
Ala. Code § 9-8-29 Cooperation Between Districts
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The supervisors of any two or more districts organized under the provisions of this article may cooperate with one another in the exercise of any or all powers conferred in this article. History: (Acts 1939, No. 147, p. 202, §11; Code 1940, T. 2, §667.)
Ala. Code § 9-8-3 Management and Control; Powers and Duties
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The institute or center established under Section 9-8-1 shall be subject to the management and control of the trustees and President of Auburn University, and its programs shall be coordinated with the Geological Survey of Alabama. It shall be the duty of the institute or center …
Ala. Code § 9-8-30 Cooperation, Etc., of State Agencies, Etc
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Agencies of this state which shall have jurisdiction over or be charged with the administration of any state-owned lands and of any county or other governmental subdivision of the state which shall have jurisdiction over or be charged with the administration of any county-owned o…
Ala. Code § 9-8-31 Discontinuance
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(a) At any time after three years after the organization of a district under the provisions of this article, any 25 owners of land lying within the boundaries of such district may file a petition with the State Soil and Water Conservation Committee praying that the operations of …
Ala. Code § 9-8-32 Payment of Expenses
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To meet the administrative and other expenses of the State Soil and Water Conservation Committee and the soil and water conservation districts which may be organized under the provisions of this article, the Comptroller is hereby authorized and directed to draw his warrant on the…
Ala. Code § 9-8-4 Article Supplementary
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This article is intended to supplement and not to prejudice, restrict or duplicate programs of water resources or research conducted by the Geological Survey of Alabama or the University of Alabama, or to prejudice or restrict the receipt of other federal, state or other funds by…
Ala. Code § 9-8-50 Definitions
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For the purpose of this article, the following words and phrases shall have the meanings indicated unless the context clearly indicates a different meaning: (1) WATERSHED CONSERVANCY DISTRICT or WATERSHED DISTRICT. A subdistrict of a soil and water conservation district which con…
Ala. Code § 9-8-51 Creation Authorized
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Subdistricts of a soil and water conservation district, as defined by the laws of this state, may be formed in any watershed area in such soil and water conservation district for the purpose of developing and executing plans and programs relating to any phase of conservation of w…
Ala. Code § 9-8-52 Lands Which May Be Embraced in Districts
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The land area embraced in any watershed conservancy district must be contiguous and must lie within a well-defined watershed. The area shall not include lands not included within a soil and water conservation district or lands embraced within another watershed conservancy distric…
Ala. Code § 9-8-53 Petition for Formation of District - Generally
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When 25 or more landowners within a proposed watershed conservancy district or, if less than 50 landowners are involved, a majority of the landowners in such proposed district desire to form a watershed conservancy district, they shall file a petition with the board of supervisor…
Ala. Code § 9-8-54 Petition for Formation of District - Where Proposed District Lies in More
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Than One Soil and Water Conservation District. If the proposed watershed conservancy district lies in more than one soil and water conservation district, the petition may be presented to the board of supervisors of any one of such soil and water conservation districts, and the su…
Ala. Code § 9-8-55 Hearing Upon Petition; Denial or Approval of Petition
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(a) Within 30 days after such petition has been filed with the board of supervisors, it shall cause due notice to be given of a proposed hearing upon the practicability and feasibility of creating such water conservancy district. All interested parties shall have the right to att…
Ala. Code § 9-8-56 Referendum Upon Creation of District - Notice of Referendum;
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Appointment of Polling Superintendent, Etc. After the board of supervisors has made and recorded a determination that there is need in the interest of the public health, safety and welfare for creation of the proposed watershed conservancy district, it shall consider the question…
Ala. Code § 9-8-57 Referendum Upon Creation of District - Contents of Ballot;
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Qualifications of Voters; Voting Procedure. The question to be voted on shall be submitted by ballots upon which appear the words: “For creation of _____ Watershed Conservancy District” “Against creation of _____ Watershed Conservancy District” A square shall follow each proposit…
Ala. Code § 9-8-58 Referendum Upon Creation of District - Counting, Etc., of Votes;
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Certification, Recordation and Filing of Results. The votes shall be counted by the election officers at the close of the polls, and report of the results, along with the ballots, shall be delivered to the polling superintendent, who shall certify the results to the board of supe…
Ala. Code § 9-8-59 Board of Directors - Composition; Qualifications, Election and Terms of
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Office of Members; Vacancies; Officers; Quorum; Prior Elections, Etc., Ratified, Etc. (a) Within 30 days after a watershed conservancy district is created under the provisions of this article, the board of supervisors shall cause an election, after due notice has been given, to b…
Ala. Code § 9-8-60 Board of Directors - Compensation
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Members of the board of directors shall receive no salaries but may be reimbursed for actual and necessary expenditures incurred in the performance of their duties, upon approval by the board of supervisors. History: (Acts 1957, No. 517, p. 705, §12.)
Ala. Code § 9-8-61 Board of Directors - Powers and Duties Generally
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Subject to the approval of the board of supervisors, the board of directors of a watershed conservancy district shall have power to: (1) Acquire, by purchase, gift, grant, bequest or devise, or through condemnation proceedings held in the manner provided by Chapter 1 of Title 18 …
Ala. Code § 9-8-62 Issuance of Bonds
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(a) Bonds authorized by Section 9-8-61 shall not be issued until proposed by order or resolution of the board of directors specifying the purpose for which the funds are to be used and the proposed undertaking, the amount of bonds to be issued and the rate of interest they are to…
Ala. Code § 9-8-63 Addition of Lands to Districts
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(a) Any one or more owners of land may petition the board of supervisors to have their lands added to a watershed conservancy district. Such petition shall define the boundaries of the land desired to be annexed, the number of acres of land involved and other information pertinen…
Ala. Code § 9-8-64 Detachment of Lands from Districts
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The owner or owners of lands which have not been, are not and cannot be benefited by their inclusion in the watershed conservancy district may petition the board of supervisors to have such lands detached. The petition shall describe such lands and state the reasons why they shou…
Ala. Code § 9-8-65 Discontinuance
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(a) At any time after five years from the organization of a watershed conservancy district, 25 or more landowners within a district or, if less than 50 landowners are involved, a majority of the landowners in such district may file a petition with the board of supervisors praying…
Ala. Code § 9-8-66 Supervision of District When Soil and Water Conservation District
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Discontinued. If any supervising soil and water conservation district is discontinued, the county commission of the county or counties involved shall serve in the same supervising capacity over the watershed conservancy district as the board of supervisors. History: (Acts 1957, N…
Ala. Code § 9-8-67 Exemption from Taxation
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The property and interests therein acquired by any watershed conservancy district organized under the provisions of this article shall be exempt from all state, county or other taxation. History: (Acts 1957, No. 517, p. 705, §17.)