Title 41 — Title 41 — Water

Board of directors; election; term; vacancies; bond; removal; conduct of election. (a) After the election of the original board of directors of a district as provided in W.S. 41-7-804 members of the board to succeed those in the three (3) groups provided for in said section 4 of …

Board of directors; qualifications; officers; treasurer's bond; adoption of rules and regulations; audit department report; compensation. The corporate powers of the district shall be vested in and exercised by the board of directors of the district. No person shall be qualified …

Powers; generally. (a) A public irrigation district or a public irrigation and power district, organized under the provisions of this act shall have the following powers and shall be entitled to own, have, or exercise the following rights, privileges and franchises: (i) Such dist…

provisions. Powers; eminent domain; application of All provisions of law now applicable to irrigation districts, privately owned irrigation corporations, ditch companies, or power districts or power corporations, as regards the exercise of the power of eminent domain, the use and…

Powers; incurring indebtedness; security for loans; limitations; agreements. (a) A district organized hereunder may borrow money and incur indebtedness for a corporate use or purpose in this act authorized, provided, every indebtedness, liability or obligation of the district for…

Powers; obtaining federal grants or loans; acceptance of gifts. Any district organized hereunder shall have and exercise any power conferred by this act for the purpose of obtaining grants or loans or both from any federal agency pursuant to or by virtue of any and all acts of co…

Powers; purchase or conveyance of water rights. Such district shall have power to purchase and acquire lands, water rights, rights of way, and real and personal properties of every nature in cooperation with the United States under such conditions as may to the board seem advisab…

Powers; taxation generally; liability of district for indebtedness. The district shall have no power of taxation and no governmental authority shall have the power to levy or collect taxes for the purpose of paying, in whole or in part, any indebtedness or obligation of or incurr…

Construction of irrigation works; cost estimates; advertisement for bids; contracts. Before any district shall enter into any contract for the construction, building, alteration, extension, or improvement of any irrigation works, power plant or system, or any part or section ther…

Expenditures. Money of the district shall be paid out or expended only upon approval of the board of directors and by warrant or other instrument in writing signed by the president and by the treasurer of the district. In case of the death, absence or other disqualification of th…

Sale or mortgage of irrigation works. Any project created under the provisions of this act shall not be sold to private interests. No irrigation works, power plant, or system owned by the district shall be sold, alienated or mortgaged by the district, except under the following c…

Keeping funds; fixing prices, rates and charges. (a) The board shall create three (3) separate funds, one (1) fund to be known as the construction fund, another fund to be known as the water fund, and another fund to be known as the sinking fund, each such fund to be identified b…

Dissolution. Any district organized under this act may, at any regular or called meeting of the board of directors, be dissolved by a majority vote of a quorum present at such meeting; provided, such district shall not at the time of such dissolution own any property or rights or…

Construction; generally. This act shall not be construed as repealing, limiting, or in any way affecting the provisions of chapter 122, Wyoming Revised Statutes, 1931, with reference to irrigation districts, and the provisions of W.S. 37-7-101 through 37-7-136, with reference to …

Construction; cities and towns. This act shall not be construed as restraining any city or town, within the state of Wyoming, located either wholly or partially within, or outside of any irrigation or power district from constructing or maintaining power plants for the purpose of…

Authority. The landowners in a public irrigation and power district organized under W.S. 41-7-801 through 41-7-819 shall have the right to convert such district into an irrigation district as provided for in chapter 122, article 7, Wyoming Revised Statutes 1931, having all the ri…

Resolution of board of directors. In order to effect such change the board of directors shall pass a resolution stating that it is the desire of the board to transform said district into an irrigation district as provided in chapter 122, article 7, Wyoming Revised Statutes 1931 a…

Election; notice. (a) Immediately after the adoption of the resolution by the board the secretary of the district shall proceed to give notice of the time and place of holding such election in the manner following: (i) By serving or causing to be served a copy of the notice stati…

Election; procedure. At the time and place for holding the election, the president of the district board shall read the notice of election and call the roll of those entitled to vote and the number of votes to which each is entitled. Every person owning or entitled to possession …

Filing of certificate of change. If the vote shows that the transformation has been authorized by the district, the secretary shall file a certificate to that effect in the office of the clerk of court in the counties embraced within the district and a duplicate copy with the sta…

Construction. This act shall not be construed as repealing or in any way affecting the provisions of W.S. 41-7-801 through 41-7-819. Division 3. Change of Irrigation District to Irrigation and Public Power District

Irrigation district may assume status of public power district. 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…

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

Report made to district court; contents. (a) 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, stating in general the desirability of sa…

Hearing on proposal. Upon such petition being filed the court or judge thereof shall make an order fixing a time and place of hearing thereon and require notice of the time and place of such hearing to be given thereon by the clerk of said court.

Notice of hearing; publication. The clerk of said court shall give notice of the filing of said petition and of the time and place of hearing thereon to any and all persons interested therein by publishing a copy of said order at least once a week for three (3) consecutive weeks …

(a) Notice of hearing; contents. Such notice shall disclose: (i) In what court said petition is filed; (ii) A general description of the proposed work; (iii) The name proposed for said combined irrigation and public power district; (iv) The time and place fixed by the court, when…

Order of court authorizing change. 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, amend the name of said irrigation district to show that …

entrymen. Submission of proposal to vote of landowners and In the event the board of commissioners by a majority vote, or the court by an appropriate order, shall request or determine that a vote should be had of the landowners and entrymen within the district on the question of …

Effect of vote on court. In the event such an election be had the result thereof shall be certified to the court and shall be advisory and determinative of the final order to be presented on the question of whether or not said irrigation district should receive all of the rights,…

Court order vests powers. Upon the entry of an order of the court authorizing or approving the receipt by an existing irrigation district of the rights, powers and authority of a public power district, then it shall have and receive all of said rights, powers and authority as are…

Construction and application of Public Irrigation and Power District Law. (a) In applying and adapting the public power district law to the existing irrigation district law, organization and procedures, the Public Irrigation and Power District Law of the state of Wyoming as afore…

Irrigation and power funds to be kept in separate accounts. The board of commissioners of any irrigation district which shall have and receive the rights, powers and authority of a public power district under and pursuant to the provisions of this act, shall keep separate account…

Different laws to apply to additions to irrigation works and power works. In the construction of additional irrigation works or features or of needed or required works or features for the power portion of said project, all irrigation works thereof shall be constructed, built and …

Report of proposed construction to court; apportionment of irrigation and power costs. Prior to the starting of any construction work thereon, the commissioners shall report the purpose, whether for irrigation or power for which any of said works is to be constructed; and shall r…

Rights and powers preserved. An irrigation district receiving the rights, power and authority of a public power district as aforesaid, shall not lose any of its rights and powers under and by virtue of the provisions of chapter 2, Session Laws of Wyoming, Special Session, 1920, a…

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…

"Revenue" defined. As used in this act the word "revenue" means all or any part of any source or sources of payment excluding assessments upon or against the lands and property of the landowners and entrymen therein, but including the proceeds of or income from any existing or pr…

Revenue bonds of irrigation and irrigation and power districts authorized. Any irrigation district or combined irrigation and public power district created or organized under the laws of the state of Wyoming shall have the power and authority to issue its revenue bonds, the princ…

Designation of revenue from which principal or interest payable. If in the judgment of the board of commissioners of any irrigation district or combined irrigation and public power district it is desirable that the principal or interest or both, of any of its bonds or any part of…

principal. Statement on bonds of limitations on payment of If any or all of the principal or interest of any bonds be made payable only from revenue, the board of commissioners shall cause a brief statement of the limitations upon the payment of principal or portion thereof to be…

Statement on bonds and coupons of limitations affecting interest payments. If the limitations affect the payment of the interest of the bonds or any part thereof, a brief statement of the limitations shall be set forth in the interest coupons representing the interest and also in…

Statement on bonds and coupons of limitations affecting interest payments; portion of interest affected; separate coupons. (a) If the limitations affect the payment of only a portion of the interest which will accrue on any bond, the board of commissioners may provide either that…

Designation of revenue releases district and officers from payment otherwise. If any board of commissioners with the approval of the court provides that the principal or interest or both of any bonds or any portion of the principal or interest or both shall be payable solely from…

Allocation of designated revenue; resolution. Any designated revenue may by resolution of the board of commissioners be allocated to the payment of the whole or any portion of the principal or interest or both of any bonds.

Allocation of designated revenue; for bonds payable from revenue or assessments. (a) The allocation may be for either or both: (i) Payment of the whole or any part of the principal or interest or both of any bonds payable solely from revenue; (ii) As additional security for the p…

Allocation of designated revenue; application. Until the payment or retirement of the bonds for the benefit of which an allocation was made, the revenue allocated shall be applied solely to the payment of the obligation specified in the allocating resolution.

Allocation of designated revenue; bonds benefited by allocation. An allocation may be made for the exclusive benefit of any one (1) or more issues or portions of issues of bonds of a district designated in the allocating resolutions or in the discretion of its board for the benef…

Allocation of designated revenue; irrevocability. Any allocation shall be irrevocable until all of the bonds for which the allocation was made and their appurtenant coupons have been paid or retired.

Allocation of revenue to reserve fund. Any sources of revenue of any district may by order of its board of commissioners with the approval of the court be irrevocably allocated to a reserve fund established to pay the interest or principal of any bonds.