Title 41 — Title 41 — Water

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…

warrants. Effect of decree; reference to be made on Said order shall be the authority of the said commissioners and reference shall be made thereto on all warrants issued showing the amount so authorized and the total issued to the time thereof.

Assessment roll when assessments not yet approved or confirmed; equalization of assessments; levy. It shall be the duty of the commissioners of each irrigation district in which an assessment for benefits and construction has not theretofore been approved or confirmed by the cour…

Inclusion of provisions for maintenance and reclamation of injured lands; costs. The board of commissioners of any irrigation district, in contracting with the United States for the construction, operation and maintenance of its necessary works for the delivery and distribution o…

generally. Petition for contract and assessments; hearings Whenever any contract between the United States and an irrigation district so provides, the assessment or assessments for benefits and construction against the individual tracts of land in the district, as now required un…

appeal. Order approving contract deemed conclusive; The order confirming and approving the proceedings taken to ratify and confirm such contract and the assessment for benefits and construction as provided therein, shall be conclusive as to the regularity of all proceedings relat…

projects. Irrigation districts may undertake power Any irrigation district heretofore organized and existing under and by virtue of the provisions of chapter 2, Session Laws of Wyoming, Special Session, 1920, as amended, codified and compiled in W.S. 41-7-101 through 41-7-603 [§§…

Resolution of commissioners. Whenever the commissioners of any duly organized and existing irrigation district, heretofore or hereafter organized under the laws of the state of Wyoming, shall determine by a majority vote thereof that it is and would be beneficial and for the best…

Report made to district court. Upon the adoption of such a resolution, the said commissioners shall file an appropriate report with the district court of the county having jurisdiction of said irrigation district proceeding of the same nature and kind as provided in W.S. 41-7-305…

Hearing on objections to report. Upon the filing of the said report, the court or judge thereof shall make an order fixing the time and place when and where all persons interested may appear and object to the confirmation thereof and all of the provisions of W.S. 41-7-308 through…

Notices; how given and served. All required notices shall be given and served in the same manner as provided in the said Irrigation District Law of the state of Wyoming.

Notices; contents. Such notice shall show the court in which said petition is filed, give a general description of the proposed works, state the time and place fixed by the court when and where the hearing on said petition will be had, and it shall require all persons interested …

Order of court authorizing project; procedure commissioners to follow. If the court at the hearing so petitioned for, noticed and held shall decide the issues in favor of the petitioners the court shall enter an order approving and confirming the petition and authorize the commis…

Approved project may proceed as incident to existing system; disposition of excess energy. After the approval of the court the board of commissioners of said irrigation district shall be authorized to proceed with the construction, acquisition or purchase of all works and equipme…

Determination and apportionment of cost of power portion of project. That if any project or amended project includes plans for the generation of electric energy and power, the board of commissioners shall ascertain the total cost of all of the property and works which are necessa…

Costs of irrigation works and power project separately apportioned. It shall be the duty of the board of commissioners to apportion the respective costs of irrigation works as distinguished from the property and works required and necessary for the generation, distribution and sa…

Assessments for power project to be determined; reported to court. The commissioners shall likewise determine the portion of assessments, if any, which is attributable to the cost of the properties and works which are necessary to be used in connection with the generation, distri…

Determination of rate of assessment. The commissioners shall also determine the rate per acre of the assessment upon each tract or parcel of land assessed, for the costs of construction or acquisition of the properties and works which are necessary to be used in connection with t…

Provisions governing levying, approving and collecting assessments. Upon the filing by the commissioners of a report to construct the initial unit or units pursuant to an original plan of construction or for any subsequent changes therein, the same proceedings shall be had and ta…

Plan may be divided; procedure. Any approved plan may be divided by amendment into smaller parcels or units after notice and hearing on a report and petition for supplemental or amended assessment rolls and proposals.

petitions. Additions to projects; amended or supplemental If in the judgment of the board of commissioners additional properties or works are necessary and required at any time for the development and sale of electric energy and power, the same may be petitioned for, authorized a…

Revenue from sale of power to be determined. Upon the levy of any assessment to a person thereof, as provided in this act, the board of commissioners shall ascertain the total net revenue which has been derived by the district from the generation and sale and distribution of elec…

Power revenue to be deducted from assessments. From the assessments required upon each tract or parcel of land that has been assessed for the cost of the property comprising the portion of the project used or to be used for the generation, sale and distribution of electric energy…

Liberal construction; restrictions; regulation by public service commission. (a) This act shall be construed liberally for the purpose of making it possible for irrigation districts by the development and sale of hydroelectric energy and power through the construction or purchase…

Declaration of policy. Conservation of the state's water resources is hereby declared to be a state function, and the public interest, welfare, convenience and necessity require the creation of public irrigation districts and the construction of a system of works, in the manner h…

Definitions. (a) "Public irrigation district", "Public irrigation and power district", or "district", means a district organized under this act, either as originally organized or as the same may be from time to time altered or extended. (b) The word "board" shall mean the board o…

district. Creation; as corporate entity; district within A district may be created as provided in this act and may sue and be sued in its corporate name. Nothing in this act shall be construed to prevent the organization of a district hereunder within, or partly within, the terri…

Creation; procedures generally. (a) The procedure for creating and incorporating a district under the provisions of this act shall be in accordance with the following method, to wit: (i) A public irrigation district may be organized under the provisions of this act by filing in t…