Title 9 — Title 9

Immediately upon the filing of the report of the engineer or other plans submitted by petitioner, it shall be the duty of the court of probate to forthwith give notice thereof by personal service or by causing publication to be made as hereinafter defined; and, in the event notic…

In the interest of water conservation and land irrigation in that portion of Alabama known as the State of Alabama and for purposes of cooperation with any water authority or agency or any river area development authority or agency heretofore or hereafter created, there is hereby…

The board of directors of the agency shall report annually to the Governor of the State of Alabama and shall likewise report annually to the Examiner of Public Accounts, to the Commissioner of Conservation and Natural Resources and to the governing bodies of the counties and of t…

All agencies of the State of Alabama are hereby authorized and directed to extend their cooperation and to lend assistance to the agency in the formulation and implementation of a development program for irrigation and water conservation. History: (Acts 1965, No. 827, p. 1549, §1…

No officer of the corporation shall have any interest, directly or indirectly, in any contract awarded or to be awarded or in the profit to be derived therefrom. Any violation of this section shall constitute a misdemeanor and, upon conviction, shall work a forfeiture of office a…

Responsibility of Department of Conservation and Natural Resources. In the event that a state agency other than the state Department of Conservation and Natural Resources may hereafter be charged with such responsibility as is in this article charged to the state Department of Co…

This article shall be considered supplemental and additional to Sections 9-10-30 through 9-10-47 and to any and all other laws and confers sufficient authority in and of itself for the purposes set forth herein. It shall be liberally construed to effectuate its purposes of provid…

Conservation and Irrigation Agency, Etc.; Membership of Corporation; Composition of Board of Directors; Qualifications, Election and Terms of Office of Board Members. The organization and establishment of the agency shall be as follows: (1) The county commission of any county or …

To become a corporation, members of the board of directors of the agency shall present to the Secretary of State an application signed by them which shall state: (1) The name, official designation and official residence of each of the applicants together with a certified copy of …

of Incorporators, Etc. The county commission of any county of this state is hereby authorized to declare by the adoption of an appropriate resolution the need for the formation of a county water conservation and irrigation corporation or other such corporation as provided for in …

(a) The certificate of incorporation of the corporation shall state: (1) The names of the persons forming the corporation together with the residence of each thereof and a statement that each of them is a duly qualified elector of and property owner in the county; (2) The name of…

The certificate of incorporation with the documents attached shall be filed with the judge of probate of the county and the Secretary of State, who shall forthwith receive and record the same. When such certificate is so filed the corporation referred to therein shall come into e…

All powers of the corporation shall be exercised by the board of directors or pursuant to its authority. The directors shall be elected by the county commission for staggered terms of office as follows: two years, three years, four years, five years and six years. Thereafter the …

A corporation organized and established under the provisions of this article shall have the following powers, subject only to the limitations described in Section 9-10- 35 following: (1) To adopt bylaws for the regulation of its affairs and the conduct of its business; (2) To ado…

Conservation and Natural Resources as to Granting of Permits, Etc.; Enforcement of Compliance with Terms and Conditions of Permits. (a) Before any construction work on any project may be undertaken by any corporation created under the terms of this article, said corporation shall…

of Notes or Bonds; Liability on Notes or Bonds; Disposition of Proceeds from Sale of Bonds; Issuance of Interim Receipts, Etc. (a) Any such corporation is hereby authorized to provide by resolution for the issuance of bonds of the corporation for any of its corporate purposes, in…

(a) The corporation may provide by resolution for the issuance of refunding bonds for the purpose of refunding any bonds then outstanding which shall have been issued under the provisions of this article, including the payment of any redemption premium thereon and any interest ac…

(a) At the discretion of the corporation, any bonds issued under the provisions of this article may be secured by a trust agreement by and between the corporation and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or withou…

Deposit of Bonds, Etc., with State or Municipal Officers or Agencies. Bonds issued by the corporation under the provisions of this article are hereby made securities in which the state and all political subdivisions of this state, their officers, boards, commissions, departments …

Proceedings; Exercise of Corporate Powers; Compensation of Board Members. Upon completion of the membership of the board of directors and incorporation as provided in this article, the board members shall meet in an organizational session at the place of its main office and elect…

No bond or other obligation of such a corporation shall be deemed to be the obligation of or a claim against the state or a county thereof. History: (Acts 1955, No. 539, p. 1186, §12.)

The exercise of the powers granted by this article will be in all respects for the benefit of the people of the state for the purpose of conserving natural resources, for the increase of commerce and prosperity and for the improvement of health and living conditions. Since the op…

Departments, Etc. All counties, cities, towns and other political subdivisions and all public departments, agencies and commissions of the State of Alabama, notwithstanding any contrary provision of law, are hereby authorized and empowered to lease, lend, grant or convey to the c…

Before construction is started on any project, the corporation shall advertise for sealed bids once each week for three consecutive weeks in a newspaper of general circulation in the county in which the project or undertaking is to be located. The corporation may also advertise i…

Each project constructed or operated by such corporation shall be maintained and kept in good condition and repair. History: (Acts 1955, No. 539, p. 1186, §15.)

No officer of the corporation shall have any interest, directly or indirectly, in any contract awarded or to be awarded or in the profit to be derived therefrom. The violation of this section shall constitute a misdemeanor and, upon conviction, shall work a forfeiture of office a…

Soundings, Etc.; Reimbursement for Actual Damages. The authorized agents and employees of the corporation may enter upon any lands, waters and premises in this state for the purpose of making surveys, soundings, drillings and examinations as it may deem necessary or convenient fo…

Responsibility of Department of Conservation and Natural Resources. In the event that a state agency other than the state Department of Conservation and Natural Resources may hereafter be charged with such responsibility as is in this article charged to the state Department of Co…

The corporation organized and established under this article shall have the following powers, subject only to the limitations described hereinafter: (1) To adopt bylaws for the regulation of its affairs and the conduct of its business; (2) To adopt, use and alter a corporate seal…

Conservation and Natural Resources as to Granting of Permits, Etc.; Enforcement of Compliance with Terms and Conditions of Permits. (a) Before any construction work on any project may be undertaken by any corporation created under the terms of this article, said corporation shall…

All contracts for construction work and purchases of materials shall be awarded on the basis of competitive bids. Before construction is started on any project, the corporation shall advertise for sealed bids once each week for three consecutive weeks in a newspaper of general ci…

The corporation is hereby authorized to provide by resolution for issuance of its bonds from time to time in an amount not to exceed $____ for any of its corporate purposes, including the refunding of its bonds. Such bonds may be used for paying in whole or in part the cost of th…

Agency and to Levy and Collect Ad Valorem Taxes for Such Purposes. The counties and municipalities located within the boundaries of the irrigation district or districts to be established by the provisions of this article are hereby authorized and empowered to contribute to the wo…

Proper management of the watersheds of the state is necessary to insure the health, safety and welfare of our citizens. Improper land use and water use practices upon our watersheds have caused or contributed to and will continue to cause and contribute to critical flooding, eros…

If an original director who is required to reside in a particular county is to be selected by means of an election, the board of supervisors who determined that an election would be the method of selection shall call the election. Said election shall be held, within 30 days after…

The successor of a director who must reside in a particular county shall be either elected or appointed. The method of selection shall be determined by the board of supervisors who determined the method of selecting the incumbent director whose term is expiring. The method of sel…

Meetings; Position Vacated Due to Absences; Records. (a) The board of directors of the watershed management authority shall annually elect from its membership a chairman, secretary and treasurer. The treasurer shall execute an official bond for the faithful performance of the dut…

Members of the board of directors shall receive no salaries but may be reimbursed by the authority for actual and necessary expenditures incurred in the performance of their duties. History: (Acts 1991, No. 91-602, p. 1119, §13.)

The board of directors of a watershed management authority shall have power to: (1) Acquire, by purchase, gift, grant, bequest or devise, or through condemnation proceedings held in the manner provided by Chapter 1A of Title 18, such lands or rights-of-way as are necessary for th…

Bonds authorized by Section 9-10A-14 shall not be issued until proposed by order or resolution of the board of directors of the watershed management authority specifying the purpose for which the funds are to be used and the proposed undertaking, the amount of bonds to be issued …

(a) At any time, a watershed management authority’s board of directors may file a petition with the Secretary of State, the joint boards of supervisors who authorized the establishment of the authority and the State Soil and Water Conservation Committee praying that the existence…

Every watershed management authority established under the authority of this chapter shall be subject to audits by the state Examiners of Public Accounts. History: (Acts 1991, No. 91-602, p. 1119, §17.)

Officers and employees of a watershed management authority established pursuant to the provisions of this chapter shall be subject to the State Ethics Law. Members of the board of directors of a watershed management authority for the purposes of Chapter 25 of Title 36, shall be c…

(a) Any person who is regularly employed by a watershed management authority established pursuant to this chapter shall be deemed to be an “employee” of the State of Alabama, as defined in Section 36-27-1. From the date he assumes his duties, any such person shall be deemed to be…

For the purposes of this chapter, the following words and phrases shall have the meanings indicated unless the context clearly indicates a different meaning: (1) WATERSHED MANAGEMENT AUTHORITY. A governmental subdivision of this state and a public body, corporate and politic, org…

(a) Full-time employees of a watershed management authority shall be included in the definitions of “employee” as provided in Section 36-29-1(1), and shall be entitled to the same health insurance benefits and required to make the same contributions as other state employees. The …

Every watershed management authority established pursuant to the provisions of this chapter shall be considered a state authority for the purposes of applying the provisions of Chapter 16 of Title 41, regarding competitive bidding on public contracts. History: (Acts 1991, No. 91-…

The property and interests acquired by any watershed management authority organized under the provisions of this chapter shall be exempt from all state, county or other taxation. History: (Acts 1991, No. 91-602, p. 1119, §22.)

Watershed management authorities may be formed in any watershed area of the state for the purpose of developing and executing plans and programs relating to any phase of conservation of water, water usage, flood prevention, flood control, water pollution control, wildlife habitat…

Any management guidelines developed by watershed management authorities to protect forested watersheds shall follow the best management practices established by the Alabama Forestry Commission as they pertain to forested watersheds. History: (Acts 1991, No. 91-602, p. 1119, §4.)