Title 41, Title 41 — Water

Hearings; modification of report generally. 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.

Hearings; confirmation order generally; appeal. 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 confirmation…

Hearings; modification of combination order. 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 parties adverse…

Hearings; supplemental report; amending original report. At any time prior to making the order confirming said report or thereafter the court may permit the commissioners to present and file a supplemental report, or amend their report, as to any matter which, pursuant to the pro…

Judgment; entry when petition on proceedings dismissed. (a) In case the petition or proceedings are dismissed as provided in W.S. 41-9-132, a judgment shall be entered against the petitioners and in favor of the commissioners for the costs, expenses, and liabilities incurred in s…

Judgment; filing of statement of costs; hearing. Before any judgment is entered, said commissioners shall file with the clerk of the district court, in which said proceedings were instituted, an itemized statement of such costs and expenses, duly verified, upon which an order sha…

Judgment; contributions for payment prorated. All petitioners shall, among themselves, contribute in the payment of said judgment, in proportion to the number of acres of land they have within the boundaries of the proposed district at the time of the filing of said petition. Div…

Payment generally; unpaid assessments as liens; duty of clerk of court; state lands. Unless otherwise provided by said order, such assessment shall be payable at once; and from the time of the entry of said order, assessments for construction of new work and additional assessment…

Payment in installments. At the time of confirmation of any assessment provided for by chapter 76, Wyoming Compiled Statutes 1920, or acts amendatory thereof or supplemental thereto, it shall be competent for the court to order the same to be paid in installments of such amount a…

Current expenses; annual budget generally. 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 state and county taxes to become due, payable and delinquent. Commission…

Assessment roll generally. It shall be the duty of the commissioners of each drainage district, on or before the first Monday of August of each year to prepare an assessment roll of said district, which shall contain the name of the owner, if known, together with a description of…

Certification procedure. When the commissioners shall fail to certify to the county commissioners of the proper county, any one (1) or more drainage assessments for construction, reconstruction, enlargement, extension, improvement, or repair, against any lands in said district, a…

Additional assessments; generally. If in the first assessment for construction the commissioners shall have reported to the court a smaller sum than is needed to complete the work of construction, or if in any year an additional sum is necessary to pay the principal of or interes…

Additional assessments; commissioner's petition; hearings; modification of budget. The commissioners of any drainage district within the state of Wyoming shall not incur any indebtedness for current expenses of the district in excess of the amount provided in the budget: provided…

Omissions; generally. Omission to assess benefits, or to assess for construction, or to make additional assessment, or to make assessment for repairs, or to award damages to any one (1) or more tracts of land or easements in a drainage district, or to assess benefits, or to asses…

Omissions; agreement between landowner and commissioners. In case of omission to assess any corporation or land that should be assessed for benefits, or construction, or repair, or additional assessment, or to award damages, said omitted party and the owner of omitted land may in…

Application of state revenue laws; tax sale for delinquent assessments. The revenue laws of this state for the collecting of taxes on real estate for county purposes, except as herein modified, shall be applicable for the purposes of this act, including the payment of interest an…

Objections; landowners to show cause; presumption of validity of assessments. Any owner of land, or any interest in land, within a drainage district, who claims that his land in said district is exempt from liability for, or lien of any assessment for construction or repairs, or …

Objections; statement of owner; default; decrees; appeal; adjournment of hearing; trial. On the return day of said notice, or order to show cause, the said owner shall in writing, verified on oath, state the facts on which his claim is based. If he fails to appear and set forth s…

Objections; procedure when assessments declared void. In case the court decides that such lands could not, at the time said assessment or assessments were made, be assessed for drainage purposes, and that said assessment or assessments, are void, the commissioner shall levy an ad…

Assessments as liens generally. All assessment provided for in chapter 76, Wyoming Compiled Statutes 1920, and acts amendatory thereto and supplemental thereof, together with all interest thereon, and all penalties for default in the payment of same, and all costs of collecting t…

Assessment as court judgment. Each and every sum assessed for construction, for additional assessment or for repairs against any land or against any corporation, as soon as such assessment is confirmed by the court, shall be and is declared to be a judgment of the district court …

Conclusiveness of order; appeals generally. The collection of any assessments made by the commissioners for construction and confirmed by the court, shall not be restrained or obstructed by reason of any omission, imperfection or defect in the organization of any district or in a…

Notes and bonds generally. (a) The commissioners may borrow money, not exceeding the amount of assessment for construction, additional assessments and assessments for repairs, reconstruction, enlargement, extension and improvement, unpaid at the time of borrowing for the construc…

Refunding of indebtedness. The court may, upon the petition of the commissioners, authorize them to refund any 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 …

Effect of change in assessments upon existing bonds. No bonds or other obligations issued by any drainage district shall be adversely affected by any subsequent change in assessments of benefits.

Collection generally. All drainage assessments 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 treasurer of the district, except such assessments, together with inte…

Bidding procedure when cost over $500.00. In all cases where the work to be done at any one time under the direction of the commissioners shall, in their opinion, cost to exceed five hundred dollars ($500.00), the same shall be let to the lowest responsible bidder, and the commis…

Commissioners not to have financial interest in construction contracts. (a) While in office no commissioner shall be interested directly or indirectly: (i) In any contract for the construction of any drain, ditch, levee or other work in a drainage district; (ii) In the sale of ma…

Entry of commissioners on land; payment of damages to owner. 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 the award is made, for the construction of any drains, ditch…

Location of drains. When practicable said drains herein provided for shall be laid out and constructed on the side of public highways.

Drained lands outside of district; commissioners' report requesting assessments. Whenever any drained lands outside a drainage district are receiving the benefits of the drains of said district, by direct or indirect, natural or artificial connection therewith, the commissioners …

Drained lands outside of district; court order to landowners to show cause. Upon the filing of said report the court shall order the owners of such lands to be notified of the filing of said report and the contents thereof, and shall require such owners to show cause at a time an…

Drained lands outside of district; hearings; remonstrances; trial on issues. At the time and place fixed for hearing said report any of said landowners may appear and remonstrate against the confirmation of said report. All remonstrances shall be in writing, verified and shall se…

Drained lands outside of district; hearings; findings; annexation to district. If the court shall find that said lands or any of them are receiving the benefits of any such drain, ditch or levee, the court shall so find in writing and shall order said lands to be annexed to and m…

Drained lands outside of district; effect of court order; appeal. Said order shall be final and conclusive unless appealed from the supreme court within thirty (30) days from the date of entry thereof.

Drained lands outside of district; levy of assessments by commissioners. Said commissioners shall, after the time for appeal is past, assess against each parcel, tract and easement of and in said annexed lands reasonable and just benefits, and shall assess against said lands for …

Drained lands outside of district; filing of commissioners' assessment report; hearing; trial; amendment or confirmation of report. The commissioners shall file their said report and assessments in court. The court shall by order require said owners to show cause at a time and pl…

Drains across railroad rights-of-way; generally. Said commissioners shall have the right to lay out and construct all necessary drains, ditches and levees across any railway right-of-way or yards in their district, and any railway company, whose right-of-way or yards crosses the …

Drains across railroad rights-of-way; liability of district to railroad. Every drainage district shall be liable to the railway company, whose right-of-way or yard any of its drains, ditches or levees crosses, for the reasonable cost of the culverts and bridges, made necessary by…

Drains across railroad rights-of-way; railroads to grant free access; failure to comply. Upon receiving fifteen (15) days notice in writing, any railway company, across whose right-of-way or yard any such drain, ditch or levee is laid out shall open its right-of-way or yards, and…

Petition for reconstruction, enlargement, extension or improvement; filing by commissioners; contents. (a) If, after the completion of work on any drainage system under the provisions of this act, it shall become necessary to reconstruct, enlarge, extend or improve the said syste…

Petition for construction; filing by landowners in lieu of commissioners. If, in any such case, the commissioners fail or refuse to file such petition, the same may with like effect be signed and filed by not less than fifty percent (50%) of the owners of land within the district…

Petition; hearing procedures generally. Upon the filing of such petition like proceedings shall be had as in the case of the filing of the preliminary report of the commissioners, except that the boundaries and organization of the district shall in no way be affected by the proce…

Petition; procedure when petition granted. If, upon the hearing, the prayer of the petition shall be granted, like proceedings shall be had in all respects as in case of the confirmation of the preliminary report of the commissioners, except that the boundaries and organizations …

Petition; assessments. In making their assessments of benefits and for the work to be done under the provisions of this amendment, the commissioners shall regard the proposed work as an integral part of an entire system, and shall take into consideration all assessments of benefi…