Title 41 — Title 41 — Water

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…

Authorized. Any drainage district now or hereafter organized under the provisions of chapter 76, Wyoming Compiled Statutes, 1920 and acts amendatory thereof and supplemental thereto, may be divided into two (2) or more districts in the manner provided in this chapter.

Contents of petition. (a) Whenever a majority of the adult owners of lands within any portion of an organized drainage district, who shall represent more than one-half in area of the lands within said portion which it is proposed shall be cut off and divided from the drainage dis…

Order for hearing on petition; notice generally. (a) On such petition being filed, the court or judge thereof shall make an order fixing the time and place for a hearing thereon, and ordering notice; thereupon the clerk of said court shall cause twenty (20) days notice of the fil…

Manner of service. Service of said notice, and proof of service thereof, shall be made in the same manner as is now provided by law in the case of the organization of new districts under chapter 76, Wyoming Compiled Statutes, 1920, as amended.

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…

affected. Mill levy and indebtedness of town not to be 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 …

contracting. Qualifications of districts as prerequisites to 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…

contract. Securing of district indebtedness due to 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…

generally. Order for hearing on results of election; 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…

Repealed by Laws 1998, ch. 115, § 5.

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…

Repealed by Laws 1998, ch. 115, § 5.