Title 41 — Title 41 — Water

Waiver of defect of service. In case of failure to serve any notice of any proceeding or hearing in this chapter provided for upon any person or corporation, such persons or corporation may appear in open court and waive such defect of service, or may waive it by filing in court …

Construction; generally. The provisions of this chapter shall be liberally construed to promote the public welfare by reclaiming and irrigating lands, constructing and completing reservoirs, canals, ditches, or other works specified in the petition and the preservation or operati…

Construction; formerly organized districts; pending liens, actions. Nothing in this act shall be construed as to affect the validity of any district heretofore organized under the laws of this state, or its rights in or to property, or any of its rights or privileges of whatsoeve…

Construction; existing water rights. Nothing in this act shall be so construed as to in any manner impair existing water rights, appropriations or priorities within said district.

Filing of landowners' petition; contents; amendments; multiple petitions. (a) Whenever a majority of the freeholders owning lands and the entrymen upon public lands in any district who shall represent one-third the area of lands within said district, or whenever the freeholders o…

Petitioner's affidavit. 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 corporations and adult persons owning…

Land that may be included in proposed district. The lands proposed to be included in any irrigation district, need not be contiguous provided that the benefit of the proposed work in each part will exceed the damages from costs of said proposed work in each part; and provided fur…

Hearings; service of notice generally; contents. (a) On such petition being filed the court or judge thereof shall make an order fixing the time and place of the hearing thereon and ordering notice; thereupon the clerk of said circuit court, for the county in which the proceeding…

Hearings; notification of nonresidents; personal service in lieu of posting for all persons. If any of the persons owning or entitled to possession of land in said district are nonresidents of the county or counties in which the proposed district lies, the petition shall be accom…

served. Hearings; adjournment to serve persons not If it shall be found before the hearing on the petition for the organization of an irrigation district, that one (1) or more of the persons owning or entitled to possession of land in said district have not been duly served with …

Hearings; contests; grounds; notice of objections to be in writing; filing of objections. (a) On the day fixed for hearing on such petition, all persons owning or entitled to the possession of lands, or any interest or easement in land, within said proposed district, or who may b…

Hearings; dismissal of petition improperly signed; inclusion or exclusion of land from district. 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 sign…

petition. Fraudulent deeds for establishment or defeat of 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…

Court's order. (a) If the issues at this hearing are decided in favor of the petitioners, the court shall make an order: (i) Approving and confirming the petition; (ii) Defining the boundaries of the district; (iii) Dividing the district into three (3) or five (5) subdivisions as…

To be public officers; presumption in favor of validity of official acts. Commissioners of irrigation 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 commi…

Oath and bond; quorum; term; removal; vacancies. Before entering upon their duties, 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 a…

Organization as board; officers; powers and duties generally; contracts and cooperation with United States generally. The commissioners appointed as aforesaid, and their successors in office, shall, from the entry of such order of confirmation, constitute the corporate authority …

Financial records and reports; compensation and expenses; suit on bonds. The commissioners shall keep an accurate record of all monies collected on account of the work under their charge and of all payments made by them, and shall take vouchers for payments and shall keep full, a…

Maps and plans of proposed work; reports to court generally. (a) As soon as may be after the organization of said district, 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 pr…

Power to alter location of irrigation works; power of court to alter plans proposed by commissioners. The commissioners shall not be confined to the points of location, commencement, routes or termini of the reservoirs, canals, ditches or other work, or the number, extent or size…

Exclusion or inclusion of lands in district; review of report by court generally. 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…

Hearings on commissioners' report; filing of objections; notice generally. Upon the filing of the said report, the court or judge thereof, shall make and enter an order fixing the time and place when and where all persons interested may appear and object to the confirmation there…

Hearings on commissioners' report; notice when land situated in more than 1 county. 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…

Hearings on commissioners' report; procedure when report requires modification. 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.

of report. Hearings on commissioners' report; confirmation 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 t…

confirmation. Hearings on commissioners' report; revision of 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 p…

Hearings on commissioners' report; payment of costs when objections dismissed. In case the petition or proceedings are dismissed as provided herein, a judgment shall be entered against the petitioners and in favor of the commissioners for the costs, expenses, and liabilities incu…

Power to enter land to repair irrigation works; construction of ditches across railway rights-of-way. (a) The commissioners, their agents, servants, and employees shall have the right to go upon all lands along any reservoirs, ditch, canal, or embankment in their district, to ins…

Sale of water rights. Whenever any of the lands embraced within said district have been or are to be reclaimed by the work done or proposed to be done by said district and the segregation of said lands has been secured by said district, it shall be competent for the commissioners…

Election; when held; term of office; exception. (a) At any annual meeting of the irrigation district, the district may elect to adopt either a calendar year basis for their district elections or a fiscal year basis for their district elections. If the district elects a calendar y…

Election; where held; notice to voters; qualifications of voters; recording vote; proxies. The commissioners of the district shall fix the hour and place, within the boundaries of or at a place convenient to the landowners within the irrigation district, of each election and pres…

Election; validity; qualifications of candidates; vacancies in office; duties of elected commissioners. No person shall be declared elected as a commissioner who shall not be a landowner in said commissioner district and who shall not have received a majority of all votes cast by…

Payment in installments; construction contracts with United States generally; default in payments as lien; exception; power of commissioners to enforce payment. At the time of the confirmation of any assessment provided for in this article, it shall be competent for the court to …

Due dates; annual budget of district; hearings on budget; petition for additional funds; hearings on petition. (a) 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 …

Preparation of assessment roll; contents; how apportioned; certification by county commissioners; delivery to county assessors. It shall be the duty of the commissioners of each irrigation district, on or before the third Monday in July in each year to prepare an assessment roll …

Collection; disposition; enforcement. (a) All irrigation district assessments, except as provided by W.S. 41-7-413, shall be collected by the same officer and in the same manner and at the same time as state and county taxes are collected and when collected shall be paid to the t…

Additional assessments generally. If any assessment for construction, operation, maintenance or repair that the commissioners shall have reported to the court is a smaller sum than is needed to carry out the purpose for which said assessment has been made, or if in any year an ad…

commissioner. Omissions; effect on other lands; duty of Omission to assess benefits, or to assess for construction, or to make additional assessment, or to make assessment for operation, maintenance or repairs against any land or person which should have been assessed, or to awar…

Omissions; procedures generally. In case of omission to assess any person or land that should be assessed for benefits, or additional assessment, or to award damages, said omitted party and the owners or person entitled to the possession of omitted land may, in writing, agree wit…

Borrowing money; bonds as security; indebtedness as lien on assessments. The commissioners may borrow money, not exceeding the amount of "assessment for construction," as herein provided, unpaid at the time of borrowing for such purposes, or for the payment of indebtedness they m…

Bonds; refunding procedures. The court may, upon the petition of the commissioners, authorize them to refund a lawful indebtedness of the district now existing or which may hereafter be incurred by taking up and canceling all or a part of its outstanding notes and bonds, as fast …

Bonds; effect of change in assessments. No bonds or other money obligations issued by any irrigation district shall be adversely affected by any subsequent change in assessment of benefits.

Damages to landowners to be paid before entry for construction; exceptions; when entry prior to assessment authorized. The damages allowed to the owners of lands shall be paid or tendered before the commissioners shall be authorized to enter upon the lands, for damage to which th…

Advertisement for bids. In all cases where the work to be done at any one (1) time under the direction of the commissioners will, in their opinion, cost to exceed seventy-five thousand dollars ($75,000.00), the same shall be let to the lowest responsible bidder, and the commissio…

Application of provisions; districts organized under federal reclamation projects. The provisions of this article, relative to the levy and collection of payments, charges or assessments in irrigation districts shall not apply to any district which may be organized within a feder…

When assessments to be judgments against land; manner of collection. Each and every sum assessed in any irrigation district organized in the manner herein provided, as soon as such assessment is confirmed by the court, shall be and is declared to be a judgment of the district cou…

appeals. Order approving contract deemed conclusive; The order confirming the assessments of benefits shall be conclusive as to the regularity of all proceedings relating to the assessments of benefits unless appealed from within thirty (30) days after the entry of such order.

Warrants for expense of survey authorized. The duly appointed, qualified and acting commissioners of an irrigation district, having complied with the provisions of W.S. 41-7-302, are hereby authorized to issue warrants of said district bearing interest at the rate of six percent …

Petition for authority to issue warrants; notice of hearing; objections. Whenever the commissioners of an irrigation district, after their appointment and qualification, shall wish to avail themselves of the provisions of W.S. 41-7-501, they shall file in the district court where…

Petition for authority to issue warrants; hearing generally; decree generally; appeal. Upon the date set for the hearing of said petition, the judge shall hear evidence in support thereof and in support of any protests or objections properly filed and shall hear and determine all…