Code of Alabama - Title 9: Conservation and Natural Resources - Chapter 9 - Water Management and Drainage

• Article 1 Water Management Districts.
• Section 9-9-1 Short title
  This article shall be known as the "Alabama Water Management Act."
• Section 9-9-2 Definitions
  Whenever used in this article, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) NOTICE BY...
• Section 9-9-3 Declaration of benefits of drainage, etc.; duty of Soil and Water Conservation Committee
  The establishing of proper works of improvement for the drainage of wet, swamp and overflowed lands of the state and for flood prevention or the...
• Section 9-9-4 Who may sign petitions
  All petitions provided for under this article may be signed by women, whether married or single, provided they own land in the proposed district; guardians...
• Section 9-9-5 Establishment of district - Jurisdiction generally; purposes
  (a) The court of probate of any county of the State of Alabama shall have jurisdiction, power and authority to establish water management districts, as...
• Section 9-9-6 Establishment of district - Maintenance of record of proceedings in probate court; district record book
  The court of probate shall keep a complete record of all its proceedings under this article in a book to be used for the purpose...
• Section 9-9-7 Establishment of district - Filing of petition for organization of district; appointment, etc., of engineer; report of engineer
  (a) Whenever a petition praying for the organization of a water management district and signed by a majority of the landowners owning more than one...
• Section 9-9-8 Establishment of district - Jurisdiction of probate court in which petition filed
  The court of probate of the county in which said petition is filed shall thereafter maintain and have original and exclusive jurisdiction coextensive with the...
• Section 9-9-9 Establishment of district - Notice of filing of petition and of hearing
  Immediately upon the filing of the report of the engineer or other plans submitted by petitioner, it shall be the duty of the court of...
• Section 9-9-10 Establishment of district - Presentation of opinion by representative of state committee
  On the day appointed for the hearing, a representative of the State Soil and Water Conservation Committee may appear and by verbal or written statement...
• Section 9-9-11 Establishment of district - Filing of objections to organization of district; hearing and proceedings upon petition and objections; issuance of order declaring organization of district; dismissal of petition and issuance of itemized bill of costs and expenses
  (a) Any owner of real property affected by said proposed district who wishes to object to the organization and incorporation of said district shall, on...
• Section 9-9-12 Establishment of district - Appeal as to inclusion in or exclusion from district of property
  If the court finds that any property set out in the report of the engineer or other plans submitted by petitioners should not be incorporated...
• Section 9-9-13 Establishment of district - Effect of order establishing district
  The order of the court of probate establishing said district shall have all the force of a judgment, and the court shall forthwith levy a...
• Section 9-9-14 Board of water management commissioners - Composition; qualifications, appointment, terms of office, oath and bond of commissioners; seal; officers and employees generally; meetings; vacancies; quorum
  Upon the organization of the district, the court of probate shall appoint three water management commissioners to be designated "Board of Water Management Commissioners," who...
• Section 9-9-15 Board of water management commissioners - Powers and duties generally
  The board of water management commissioners shall have the right and authority to enter into contracts or other agreements with the United States government or...
• Section 9-9-16 Board of water management commissioners - Election of district treasurer
  The board of water management commissioners shall elect some competent person, corporation or partnership as district treasurer, whose duty it shall be to receive all...
• Section 9-9-17 Board of water management commissioners - Appointment, etc., of fiscal agent
  For the purpose of carrying out the provisions of this article, to assist in the keeping of the tax books, the collection of taxes, the...
• Section 9-9-18 Board of water management commissioners - Auditing of district accounts; annual report; notice of reports and annual meeting
  On or before August 1 of each year, the board of water management commissioners of any district organized under this article shall have the accounts...
• Section 9-9-19 Compensation of district officers and employees
  Each member of the board of viewers shall receive as compensation for his services $25.00 per diem when actually employed. The secretary of the board...
• Section 9-9-20 Removal of commissioners, viewers or other district officers
  Any commissioner, viewer or other officer of any district organized under this article may, after due hearing, be removed for cause upon a motion filed...
• Section 9-9-21 Right of condemnation
  The power of eminent domain is hereby conferred, and such land, easements or rights-of-way within or outside the district which are necessary to carry out...
• Section 9-9-22 Right of commissioners, etc., to enter lands to make surveys, etc.; liability for damages; obstruction of entrance
  The board of water management commissioners of any district organized under this article or its employees or agents or cooperating state and federal agencies, including...
• Section 9-9-23 Appointment of district engineer, etc.; preparation, adoption, etc., of report and water management plan for improvements in district
  (a) Within 60 days after the district is established, it shall be the duty of the board of water management commissioners to appoint as district...
• Section 9-9-24 Procedure as to proposed improvement crossing railroad right-of-way
  Whenever the proposed improvement crosses the right-of-way of any railroad company, it shall be the duty of the board of water management commissioners, before adopting...
• Section 9-9-25 Correction of errors in or amendments to water management plan
  The board of water management commissioners may correct errors in or amend the plan of water management at any time upon the recommendation or concurrence...
• Section 9-9-26 Transmittal of certified copy of water management plan to probate court; petition for appointment of viewers; composition, etc., of board of viewers; qualifications and appointment of members
  Within 90 days after the adoption of the plan of water management, the secretary of the board of water management commissioners shall prepare and transmit...
• Section 9-9-27 Viewing and assessment of lands by board of viewers; report of findings
  (a) Within 30 days after qualifying, the board of viewers shall begin its duties, and it may at any time call upon the attorney of...
• Section 9-9-28 Notice of hearing on report of board of viewers
  When the report of the board of viewers is fully completed in accordance with the provisions of this article and filed, the court of probate...
• Section 9-9-29 Filing of exceptions to report; hearing upon exceptions and report; approval and confirmation of report; dismissal of proceedings and dissolution of district; transmittance of copies of court decree and report of viewers; filing fee
  On or before the day set for the hearing of the final report of the board of viewers, the water management district or any owner...
• Section 9-9-30 Appeal from confirmation of board of viewers' report
  Any person aggrieved may within 10 days after the confirmation of the board of viewers' report appeal from the judgment of the court of probate...
• Section 9-9-31 Tax levy to defray expenses of proposed works and improvements generally; water management tax record; additional taxes
  (a) After the list of lands and other property with the assessed benefits and the decree and judgment of the court have been filed as...
• Section 9-9-32 Levy of annual installment of tax; form of certificate and order directing collection of tax; preparation of tax record; proceedings as to delinquencies
  (a) The said board of water management commissioners shall each year thereafter determine, order and levy the amount of the annual installment of the total...
• Section 9-9-33 Collection of taxes on property divided, sold or transferred
  When any property in a water management district has been divided, sold or transferred, the tax collector may receive taxes levied under this article on...
• Section 9-9-34 Compensation of tax collector; failure of collector to make prompt payment of tax to treasurer
  The tax collector of each county shall retain for his services as collector of taxes for the water management district one half of one percent...
• Section 9-9-35 Payment of tax to district treasurer - Required; records
  Any person owning lands and other property assessed for the construction of any works of improvement under the provisions of this article shall have the...
• Section 9-9-36 Payment of tax to district treasurer - Failure deemed consent to issuance of bonds and waiver of defenses
  Each and every person owning land in the district who shall fail to pay to the district treasurer the full amount for which his land...
• Section 9-9-37 Bonds - Issuance
  The board of water management commissioners may issue bonds of the water management district from time to time for an amount equal in the aggregate...
• Section 9-9-38 Bonds - Sale; disposition of proceeds, etc
  The board of water management commissioners may sell the bonds for cash at not less than 95 percent of the par value plus accrued interest...
• Section 9-9-39 Bonds - Payment of principal and interest
  The principal and interest of bonds issued under this article shall be payable at such place or places as the board of commissioners may designate....
• Section 9-9-40 Bonds - Remedies and proceedings upon default
  (a) If any installment of principal and interest evidenced by any bonds issued under the provisions of this article shall not be paid at the...
• Section 9-9-41 Bonds of district employees, etc
  Bonds in behalf of the district for the safekeeping of funds and faithful performance of their respective duties and obligations shall be given by each...
• Section 9-9-42 Construction of improvements under water management plan - Authority and procedure for letting contracts
  The board of water management commissioners may secure and use men, equipment and materials under the supervision of the water management engineer to construct, excavate...
• Section 9-9-43 Construction of improvements under water management plan - Duties of water management engineer; payment of contractor
  The water management engineer shall have charge of the construction of the plan of water management. He shall make monthly estimates of the amount of...
• Section 9-9-44 Construction of improvements under water management plan - Default of contractor
  If any contractor to whom said work shall have been let shall fail to perform the same according to the terms specified in his contract,...
• Section 9-9-45 Construction of improvements under water management plan - Contractor's right of entry upon lands, etc
  In the construction of the works of improvement, the contractor shall have the right to enter upon the lands necessary for this purpose and the...
• Section 9-9-46 Cost of construction, etc., of bridges and culverts when public ditch, drain or watercourse crosses public highway
  Where any public ditch, drain or watercourse established under the provisions of this article crosses a public highway at the intersection of such highway with...
• Section 9-9-47 Construction of improvements crossing railroad right-of-way
  After a district has let a contract for work which crosses or traverses a railway right-of-way and the actual construction is commenced, the engineer in...
• Section 9-9-48 Control and supervision of completed improvements; annual tax for repairs and maintenance; payment of costs of repairs and maintenance; injury, damage or obstruction of improvements
  Whenever any improvement constructed under this article is completed, it shall be under the control and supervision of the board of water management commissioners. It...
• Section 9-9-49 Rights of landowners as to use of drains, watercourses, etc., as outlets for lateral drains from lands
  The owner of any land that has been assessed for the cost of the construction of any ditch, drain, watercourse or other improvement as provided...
• Section 9-9-50 Annexation of land to district
  Any body of land, however large, contiguous or adjacent to a water management district organized under this article may be annexed thereto and made a...
• Section 9-9-51 Organization of district over lands of watershed conservancy district
  A water management district may be organized over the whole or any part of the lands covered by an existing watershed conservancy district organized under...
• Section 9-9-52 Organization of district not to preclude inclusion of lands in another district, etc
  The organization of any district or subdistrict under the provisions of this article shall not be construed to prevent inclusion of a whole or any...
• Section 9-9-53 Joint works of improvement with adjoining states
  Whenever it may be desirable to construct, widen, deepen, straighten or otherwise change any ditch, drain, watercourse, floodwater retarding structure, levee or other works of...
• Section 9-9-54 Procedure as to warrants not paid because of lack of funds
  Any warrant issued under this article that is not paid when presented to the treasurer of the district because of lack of funds in the...
• Section 9-9-55 Correction of errors in court proceedings, etc
  The board of water management commissioners may petition the court; and, upon a proper showing, the court shall correct errors or omissions that may have...
• Section 9-9-56 Drainage districts to continue and be known as water management districts; petition requesting additional powers; notice to landowners and proceedings
  All drainage districts created under Title 2, Sections 208 through 262 of the 1940 Alabama Code, shall be known as water management districts and shall...
• Section 9-9-57 Dissolution
  Any district organized under this article may be dissolved by the court of probate having jurisdiction thereof whenever it shall appear to said court that...
• Section 9-9-58 Construction of article; effect of defect in proceedings upon collection of assessment; remedies provided in article exclusive
  The provisions of this article shall be liberally construed to promote the storing of beneficial water, leveeing, ditching, draining and otherwise to provide protection from...
• Article 2 Drainage Subdistricts.
• Section 9-9-70 Definitions
  Whenever used in this article, the following terms shall have the following meanings, unless the context clearly indicates otherwise: (1) COMMISSION. The county commission with...
• Section 9-9-71 Declaration of benefits of drainage, etc.; declaration of public policy
  The establishing of proper control of surface waters upon the agricultural lands of the state through proper distribution and holding of said waters upon said...
• Section 9-9-72 Counties declared drainage districts; county commission to act as and exercise powers of drainage or water management commissioners
  For the purpose heretofore expressed and the execution of the powers provided in this article, each county of the state is hereby declared to be...
• Section 9-9-73 Powers and duties of commission and officers or directors of subdistricts generally
  The county commission shall have control of the affairs of the county as such drainage district. No commissioner shall directly or indirectly be interested in...
• Section 9-9-74 Establishment of subdistricts - Jurisdiction, authority, etc.; purposes
  The county commission of any county, as a drainage district, shall have jurisdiction, power and authority to establish drainage subdistricts as provided in this article,...
• Section 9-9-75 Establishment of subdistricts - Procedure
  (a) The establishment of a subdistrict shall be undertaken only upon the initiative of one or more of the land owners concerned. Such land owners...
• Section 9-9-76 Entry, approval, etc., of assessments against lands for improvements; proceedings as to delinquencies
  (a) When a subdistrict shall have been established by order of the county commission, the owners of land within the subdistrict shall, through their officers...
• Section 9-9-77 Objections to establishment of subdistrict or to assessments against lands; appeals from orders of commission
  Any owner of land within a proposed subdistrict may file with the chairman objections in writing to the establishment of a subdistrict on or before...
• Section 9-9-78 Right of condemnation
  If it shall be necessary to acquire a right-of-way or an outlet over and through land affected by the improvements, then and in such event...
• Section 9-9-79 Costs and expenses of organization, operation, etc., of subdistricts
  The terms "costs" and "expenses" as used in this article shall include all expenses incident to or necessary to organize, defend, promote, improve, operate, maintain...
• Section 9-9-80 Construction of article; effect of defect in proceedings upon collection of assessments or functioning of subdistrict; remedies provided in article exclusive
  The provisions of this article shall be liberally construed to promote the declared purposes thereof. The collection of any assessment or assessments or the desirable...

Last modified: May 3, 2021