Title 41, Title 41 — Water

Hearing. Upon the day fixed for the hearing on such petition, all parties owning lands, or any interest or easement in land, within said district, proposed to be divided, or whomsoever would be affected thereby, or the commissioners of the original district, may appear and contes…

Court order; creation of new district as corporate entity; apportionment of indebtedness; proration of maintenance expenses of existing works in both districts. If it shall appear to the court upon said hearing that the requisite number of signers appear on said petition, as requ…

Agreement generally; apportionment of maintenance expenses; municipal assessments generally. Whenever any incorporated town, city or village lies in whole or in part within the boundaries of any drainage district now organized, or which may hereafter be organized in the state of …

Assessments for bond principal and interest; levy and collection. The commissioners of said drainage district, the holders of any bond or bonds of the said district and the authorities of any such town, city or village shall also enter into an agreement whereby all assessments fo…

Mill levy and indebtedness of town not to be affected. The provisions in this act contained for levy, assessment and collection of drainage taxes shall not limit the mill levy of said town, city or village and the portion of said bonded debt of said drainage district assumed for …

Qualifications of districts as prerequisites to contracting. Except as otherwise provided in this act, drainage districts organized under the provisions of chapter 76, Wyoming Compiled Statutes, 1920, and contracting with the United States under authority of this act, shall be or…

When district authorized to enter into contract. Any drainage district organized under the provisions of chapter 76, Wyoming Compiled Statutes, 1920, and all acts amendatory thereof or supplementary thereto, through its commissioners, shall have power to enter into contracts with…

Securing of district indebtedness due to contract. The commissioners may secure the indebtedness incurred by the district in such contract as provided for in W.S. 41-9-502, by issuing bonds of the district in such form, terms and denominations as may be fixed by the secretary of …

Unentered public lands as majority of district; appointment of commissioners; term; removal; subsequent appointment or election. When a majority of the lands within the district are unentered public lands, a majority of the commissioners of the district, who shall be residents of…

Petition of landowners. When the commissioners of a drainage district by unanimous vote of the total membership thereof shall determine to call an election or whenever a majority of the landowners in any drainage district in this state, who shall represent one-half of the ownersh…

Election; notice. Notice of such election shall be published for four (4) successive weeks in one (1) or more newspapers published in each county in which any portion of the lands embraced within such district is situated, stating the time and place of said election and the objec…

Election; conduct; certification of result; report of district indebtedness. If at any such election which shall be conducted in the same manner as is now provided by law for the conduct of annual elections in drainage districts, a majority of all of the qualified voters owning a…

Order for hearing on results of election; generally. Upon the filing of the commissioners' report and return of election, an order shall be made and entered by the court fixing the time and place for a hearing thereon, at which time and place all creditors and other persons inter…

Election hearing results; publication. A copy of such order to show cause shall be published for four (4) successive weeks prior to said hearing in a newspaper published in each county in which lands embraced in said district be situated.

Hearing; final settlement. Upon said hearing, the court must find, on the evidence submitted, if the district be ordered dissolved, that the best interests of all parties interested shall be served by the proposed dissolution, and shall determine the amount of the existing indebt…

Definitions. (a) As used in this act the following words or phrases shall be defined as follows: (i) "District" shall mean any district organized or proposed to be organized in the case of organizational provisions pursuant to this act; (ii) "Water district" shall mean any distri…

Lands included in district. (a) A district may include all or a portion of the unincorporated area in a county in the state of Wyoming. (b) No lands included in any city or town shall be included in any district without the written consent of the governing body of the city or tow…

Establishment of districts; jurisdiction of board of county commissioners. (a) The board of county commissioners for any county in this state is hereby vested with the jurisdiction, power and authority to establish districts. (b) The board of county commissioners in which the pet…

Organization of districts; information required in the petition. (a) Repealed by Laws 1998, ch. 115, § 5. (b) Repealed by Laws 1998, ch. 115, § 5. (c) A petition to establish a district under this act shall conform to the requirements in the Special District Elections Act of 1994…

Bond or cash deposit required at time of filing of petition; authority of board to require additional bond or deposit. At the time of filing the petition or at any time subsequent thereto, and prior to the time of hearing on the petition a bond shall be filed, with security appro…

Election in connection with establishment. (a) Repealed by Laws 1998, ch. 115, § 5. (b) Repealed by Laws 1998, ch. 115, § 5. (c) Repealed by Laws 1998, ch. 115, § 5. (d) At the formation election the voters shall vote for or against the formation of the district, and for five (5)…

Copy of resolution establishing district to be transmitted to secretary of state by the county clerk; filing; fee. Within thirty (30) days after the district has been declared established by the board of county commissioners, the resolution shall be recorded by the county clerk i…

Members of original board of directors to qualify by filing oath of office and bond with county clerk. Whenever a district has been declared organized, the members of the board shall qualify by filing with the county clerk their oaths of office, and corporate surety bonds at the …

Original board generally. (a) After taking oath and filing bonds, the board shall choose one (1) of its members as chairman of the board, and president of the district, another member as vice-chairman and vice-president; and the board shall elect a secretary and a treasurer of th…

Regular and special meetings of board; quorum; majority present required to exercise power; filling of vacancies. The board shall meet regularly at least once a month at a time and in a place to be designated by the board. Special meetings called by the chairman or any two (2) ot…

Subsequent elections of members of board of directors of district. (a) Repealed by Laws 1998, ch. 115, § 5. (b) District board members shall serve for a term of four (4) years, except that at the first regular subsequent director election following the formation of the district t…

Powers of district board. (a) For and on behalf of the district the board of any district shall have the following powers: (i) To have perpetual existence; (ii) To have and use a corporate seal; (iii) To sue and be sued, and be a party to suits, actions and proceedings; (iv) In t…

Authority of board to levy and collect taxes generally; maximum levy. In addition to the other means providing revenue for such districts, the board shall have power and authority to levy and collect general (ad valorem) taxes on and against all taxable property within the distri…

Annual determination by board of amount of money necessary to be raised by taxation; fixing annual tax levy; certification of rate fixed and determined to county commissioners and clerks. To levy and collect taxes, the board shall determine, in each year, the amount of money nece…

Matters to be considered in certifying annual levies; additional levies. The board, in certifying annual levies, shall take into account the maturing indebtedness for the ensuing year as provided in its contracts, maturing general obligation bonds and interest on such bonds, and …

Duty of county officials to levy and collect tax; monthly payment of collections to treasurer of district; taxes to constitute perpetual lien; lien to be on parity with general tax lien. It shall be the duty of the body having authority to levy taxes within each county to levy th…

Sale of real and personal property for nonpayment of taxes. If the taxes levied are not paid, then delinquent real property shall be sold at the regular tax sale for the payment of said taxes, interest and penalties, in the manner provided by the statutes of the state of Wyoming …

Authority of board to levy taxes and collect revenue for purpose of creating a reserve fund. Whenever any indebtedness has been incurred by a district, it shall be lawful for the board to levy taxes and collect revenue for the purpose of creating a reserve fund in such amount as …

Change in boundaries of districts; generally. (a) The boundary of any district organized under the provisions of this act may be changed in the manner prescribed in the Special District Elections Act of 1994, but the change of boundaries of the district shall not impair nor affec…

Authority of district to borrow money; types of securities permitted to evidence borrowing; exemption of securities from taxation. (a) A district may borrow money and issue the following securities to evidence such borrowing: (i) Short-term notes; (ii) General obligation bonds an…

Borrowing money without election in anticipation of collection of taxes; issuance of short-term notes. A district, upon the affirmative vote of four (4) directors, is hereby authorized to borrow money without an election in anticipation of the collection of taxes or other revenue…

Resolution and election prerequisite to issuance of general obligation bonds. No bonds or other evidences of indebtedness payable in whole or in part from the proceeds of general (ad valorem) property taxes or to which the full faith and credit of a district are pledged, shall be…

Maximum aggregate amount of bonds or other evidences of indebtedness. The aggregate amount of bonds or other evidences of indebtedness shall not exceed six percent (6%) of the assessed value of the taxable property within the district as shown by the last preceding general assess…

Borrowing money and issuing bonds for purpose of acquiring or improving water or sewer system or other income- producing project. (a) A district in pursuance of a resolution may borrow money, issue bonds, or otherwise extend its credit for the purpose of acquiring or improving a …

Power to create local improvement districts vested in board. The power to create local improvement districts in a district organized pursuant to this act, to assess the cost of the construction of public improvements of a local and municipal character or a part thereof against be…

Submission of question of creating indebtedness to voters upon determination by resolution that interest of district and public interest or necessity demand the acquisition or improvement of projects, making of contracts. Whenever any board shall determine, by resolution, that th…

Principal and interest to be paid solely from net revenues; pledging surplus and unpledged revenues as additional security; bonds not issued payable from revenues or special assessments to be general obligations of district. The principal of and interest on revenue bonds herein a…

Bonds not to be debt of district; exception as to general obligation bonds; bonds to recite that principal and interest payable solely from revenues. Except for general obligation bonds, bonds issued pursuant to this act shall not be a debt of the district, and the district shall…

Resolution may provide that bonds shall recite that they are issued under authority of act; effect of recital. It may be provided in any resolution authorizing any bonds hereunder that such bond shall recite that it is issued under authority of this act. Such recital shall conclu…

Date of bonds; maturity; payment and rate of interest; when and where payable; privileges for registration; prerequisite to reissuance upon loss. General obligation bonds, revenue bonds or special assessment bonds herein authorized to be issued shall bear a date or dates, shall m…

Execution of bonds; signature by chairman of board to appear on bonds and coupons attached; legal effect of signature. Any such general obligation bonds, revenue bonds or special assessment bonds shall be executed in the name of and on behalf of the district and signed by the cha…