Chapter 8 - Watershed Improvement Districts
CHAPTER 8 - WATERSHED IMPROVEMENT DISTRICTS
41-8-101. Definitions.
(a) "Director" means a director of a watershedimprovement district, and "board of directors" means the governingbody of a watershed improvement district.
(b) "Supervisor" means a supervisor of the soil andwater conservation district in which a watershed improvement district issituated; and "board of supervisors" means the governing body of thesoil and water conservation district in which a watershed improvement districtis situated.
(c) "Landowner" means any person, or group ofpersons, firm or corporation holding title to, or occupying under a contract ofpurchase, any land lying within a watershed improvement district organized orproposed to be organized under the provisions of this act.
(d) "Due notice", for provisions other than electionand referendum provisions, means notice published at least twice, with aninterval of at least six (6) days between the two (2) publication dates, in anewspaper of general circulation within the boundaries of the proposed ororganized district. The notice of any hearing required to be held under thisact shall fix the time, place and purpose thereof, which time shall be not lessthan ten (10) or more than fifteen (15) days after the first publication orfirst posting of such notice. At any hearing held pursuant to such notice, atthe time and place designated in such notice, adjournment may be made from timeto time without the necessity of renewing such notice for such adjourned dates.Notice for any election or referendum required by this act shall be asspecifically provided in this act, or if not specifically provided in this act,as required in the Special District Elections Act of 1994.
(e) Repealed by Laws 1998, ch. 115, 5.
(f) "Written authorization" means an affidavit filedwith the election official conducting the election setting forth a generallegal description of the property owned, the street or common name address forthe property, the name or names of all owners of the property described, and astatement that the person signing the written authorization is the only personhaving authority to act on behalf of the owner or owners of the property.
41-8-102. Purposes.
Thepurposes of this act are to provide for the prevention and control of erosion,floodwater and sediment damages, for agricultural uses, and the storage,conservation development, utilization and disposal of water, and thereby topreserve and protect land and water resources, and protect and promote thehealth, safety and general welfare of the people of this state. Recreationaluse may be included in conjunction with projects developed in compliance withthe purposes of this act, but nothing in this act shall be interpreted to give initialpower of condemnation for recreational purposes. The watershed improvementdistrict may enter into agreement with the owner for the maintenance ofindustrial development and domestic supply reservoirs.
41-8-103. Formation.
Watershedimprovement districts may be formed as subdistricts of conservation districtsas herein provided for the development and execution of plans and projectsrelating to any of the purposes set forth in W.S. 41-8-102. The conservationdistrict in which such subdistricts are formed shall cooperate, advise andconsult with the state conservation commission in matters pertaining to theorganization, operation and maintenance of the watershed improvement district.
41-8-104. Area.
Theland area embraced in a watershed improvement district must lie within the sameor adjoining watershed or subwatershed areas. A watershed improvement districtmay embrace land lying in one (1) or more soil and water conservationdistricts. Land lying within the boundaries of one (1) watershed improvementdistrict shall not be included in another watershed improvement district.
41-8-105. Petition for establishment; filing generally; contents; copyto be furnished conservation commission.
Apetition to establish a watershed improvement district shall be filed with theboard of supervisors of the conservation district in which the proposedwatershed improvement district is situated asking that a watershed improvementdistrict be organized to function in the area described in the petition. Thepetition shall comply with the requirements of W.S. 22-29-105. A copy of thepetition shall be furnished to the state conservation commission.
41-8-106. Petition for establishment; establishment in more than 1soil and water conservation district.
Ifa proposed watershed improvement district is situated in more than one (1)conservation district, copies of such petition shall be presented to the boardof supervisors of all the conservation districts in which any part of theproposed watershed improvement district is situated, and the supervisors of allthe conservation districts shall act jointly as a board of supervisors withrespect to all matters concerning the watershed improvement district, includingits organization. The watershed improvement district shall be organized in likemanner and shall have the same powers and duties as a watershed improvementdistrict situated entirely in one (1) conservation district.
41-8-107. Petition for establishment; hearing; notice.
(a) The board of supervisors shall act upon the petition forformation in the same manner as set forth in W.S. 22-29-109 for county commissioners in determining if a petition for district formation shall bevoted upon.
(b) If it appears upon the hearing that any land included inthe petition will not be benefited by its inclusion within the proposedwatershed improvement district, the board of supervisors shall exclude suchland from the proposed watershed improvement district.
(c) If it appears upon the hearing that it may be desirable toinclude within the proposed watershed improvement district territory outside ofthe area described in the petition, the hearing shall be adjourned and duenotice of a further hearing shall be given throughout the entire areaconsidered for inclusion in the district, and a further hearing shall be held.After final hearing, if the board of supervisors determines, upon the factspresented at the hearing and upon other available information, that there isneed, in the interest of the public health, safety and welfare for such adistrict to function in the territory considered at the hearing, it shall makeand record such determination and shall define by metes and bounds or by legalsubdivisions, the boundaries of the district. The board of supervisors, inmaking the determination, may advise and consult with the state conservationcommission.
(d) If the board of supervisors determines after the hearingthat there is no need for such a district to function in the territoryconsidered at the hearing, it shall make and record such determination andshall deny the petition.
41-8-108. Referendum prerequisite to establishment; generally.
Afterthe board of supervisors has made and recorded a determination that there is aneed, in the interest of the public health, safety and welfare, for thecreation of the proposed watershed improvement district, it shall consider thequestion whether the operation of a district within the proposed boundarieswith the powers conferred upon the district in this act is administrativelypracticable and feasible. To assist the board of supervisors in thisdetermination, the board shall, by mail ballot or at the next election dateauthorized under W.S. 22-21-103 which is at least sixty (60) days after entryof the finding that there is need for the organization of a district and thedetermination of the boundaries of the district, hold a referendum within theproposed district upon the proposition of the creation of the district. Noticeof the referendum shall be given by the board of supervisors as provided in theSpecial District Elections Act of 1994.
41-8-109. Referendum prerequisite to establishment; voting; ballots; rightof landowners to vote; proxies.
(a) Repealed by Laws 1998, ch. 115, 5.
(b) All qualified electors of the district and owners of landlying within the boundaries of the proposed district, as determined by writtenauthorizations as specified in W.S. 41-8-101(f) and subsections (c) and (d) ofthis section, shall be eligible to vote in the referendum. In applyingprovisions of the Special District Elections Act of 1994 to this act, the terms"elector" or "voter" shall include qualified electors andlandowners.
(c) A written authorization for voting purposes shall be filedwith the election official conducting the special district election not laterthan thirty (30) days prior to the election.
(d) In examining any written authorization required orpermitted to be signed by landowners, the county clerk or district secretaryshall accept the first written authorization filed unless prior tocertification the secretary or county clerk is furnished with written evidence,satisfactory to the county clerk or district secretary, that a newrepresentative has been appointed by the owners, signed by a majority of thepersons named as owners on the previously filed written authorization or asshown on a copy of a recorded deed attached to the written authorization.
41-8-110. Referendum prerequisite to establishment; counting andrecording votes; action upon results; certification of fact when created.
Thevotes cast in the referendum shall be counted by the polling officers at theclose of the polls and a report of the results, along with the ballots, shallbe delivered to the polling superintendent, who shall certify the results tothe board of supervisors; and the board shall then consider and determinewhether the operation of the district within the defined boundaries isadministratively practicable and feasible. If the board of supervisors shalldetermine that the operation of the watershed improvement district is notadministratively practicable and feasible, it shall record such determinationand deny the petition. If the board of supervisors shall determine that theoperation of the watershed improvement district is administratively practicableand feasible, it shall declare the watershed improvement district to becreated; provided, however, that the board of supervisors shall not haveauthority to determine that the operation of the watershed improvement districtis administratively practicable and feasible unless at least a majority of thevotes cast in the referendum, which affirmative votes represent a majority ofthe acreage contained in the proposed watershed improvement district, favorcreation of the watershed improvement district. Upon declaring the watershedimprovement district to be created, the board of supervisors shall certify thefact of the creation of the district to the county clerk of the county orcounties in which the district is situated, for recordation; and the watershedimprovement district shall thereupon constitute a governmental subdivision ofthis state and public body corporate and politic. After being recorded, thecertificate of the board of supervisors shall be filed with the secretary ofstate, and a copy thereof shall be filed with the state conservationcommission.
41-8-111. Inclusion of additional land; detaching land; change ofboundaries; change of name.
(a) Petitions for including additional territory within anexisting watershed improvement district may be filed with the board ofsupervisors, and in such cases the proceedings herein provided for with respectto petitions to organize watershed improvement districts shall be observed tothe extent deemed practicable in acting upon petitions for the inclusion. Indetermining whether the operation of a watershed improvement district,including such additional territory, will be administratively practicable andfeasible, the board of supervisors shall advise and consult with the directorsof the existing watershed improvement district. Where the total number ofowners of land in the area proposed for inclusion shall be less than ten (10),the petition may be filed when signed by a majority of the owners of land inthe area, representing a majority of the acreage contained in the area, and insuch case no referendum need be held. If the board of supervisors make adetermination in favor of the inclusion of additional territory, it shallcertify the fact of the inclusion of additional territory to the county clerk ofthe county or counties in which the watershed improvement district is situated.After being recorded, the certificate of the board of supervisors shall befiled with the secretary of state and a copy thereof shall be filed with thestate conservation commission.
(b) The owner or owners of land which has not been, is not, andcannot be benefited by its inclusion in the watershed improvement district maypetition the board of supervisors to have the land withdrawn. The petitionshall describe the land and state the reasons why it should be withdrawn. Ahearing shall be held within thirty (30) days after the petition is received.Due notice of the hearing shall be given by the board of supervisors. If it isdetermined by the board of supervisors that the land has not been, is not, andcannot be benefited by its inclusion in the watershed improvement district, theland shall be withdrawn from the district. A copy of such determination andwithdrawal shall be certified to the county clerk of each county in which anyportion of the withdrawn land is situated. After being recorded, thecertification shall be filed with the secretary of state and a copy thereofshall be filed with the state conservation commission.
(c) Petitions for a change in the boundaries of watershedimprovement districts may be filed with the board or boards of supervisors ofthe conservation district or districts to be affected. The board of supervisorsof the conservation district or joint board of supervisors if more than one (1)conservation district is affected may require the hearings or referenda as itdeems appropriate to enable it to make a determination as to the desirabilityof the proposed change. If the board of supervisors or joint board ofsupervisors makes a determination in favor of the change in boundaries, itshall certify the fact of such change to the county clerk of the county orcounties in which the watershed improvement district is situated and shallnotify the board of directors of the watershed improvement district, settingout in the notice the new boundaries of the district. After being recorded, thecertificate of the board of supervisors shall be filed with the secretary ofstate and a copy thereof shall be filed with the state conservation commission.
(d) Petitions for a change of name of a watershed improvementdistrict may be submitted to the board or board of supervisors of theconservation district or districts in which the watershed improvement districtis situated. If the board of supervisors approves the change of name, it shallcertify the fact of the change of name to the county clerk of the county orcounties in which the watershed improvement district is situated and shallnotify the board of directors of the watershed improvement district of the change.After being recorded, the certificate shall be filed with the secretary ofstate and a copy thereof shall be filed with the state conservation commission.
41-8-112. Board of directors; eligibility; election; terms; officers.
(a) Within thirty (30) days after a watershed improvementdistrict is created, the board of supervisors shall conduct an election to beheld for the election of a board of directors of the watershed improvementdistrict. Notice of the election shall be given by the board of supervisors asprovided in the Special District Elections Act of 1994. The board of directorsshall consist of five (5) members. The first board of directors shall determineby lot from among its membership, two (2) members to serve terms of one (1)year, two (2) members to serve terms of two (2) years, and one (1) member toserve a term of three (3) years and until their successors are elected at aregular subsequent director election. Thereafter, as these initial termsexpire, the members of the board of directors shall be elected for terms ofthree (3) years. The board of supervisors of the conservation district shallconduct these elections annually. These elections shall be in accordance withthe Special District Elections Act of 1994. Vacancies occurring before theexpiration of a term shall be filled for the unexpired term by appointment bythe remaining members of the board of directors with the approval of the boardof supervisors. The board of directors shall, under the supervision of theboard of supervisors, be the governing body of the watershed improvementdistrict.
(b) The board of directors shall annually elect from itsmembership a chairman, secretary and treasurer. The treasurer shall execute asurety bond for the faithful performance of the duties of his office, whichbond shall be approved by the board of directors. Any premium for the bondshall be paid by the watershed improvement district. The district shall besubject to oversight of its accounts by the director of the state department ofaudit or his designee, in accordance with W.S. 9-1-507(a)(iii) or 16-4-121(f),as applicable. The board of directors shall file an annual report with theboard of supervisors before the first day of March containing a financialstatement, operation and maintenance activities for the preceding year andtheir proposed developments for the current year. A copy of the annual reportshall be filed in the state conservation commission by the board ofsupervisors.
(c) Applications for election may be filed with the board ofsupervisors by candidates for directors of the watershed improvement districtas provided in the Special District Elections Act of 1994. No person shall beeligible to be a director of a watershed improvement district who is not an ownerof land within the watershed improvement district in which he seeks election,or who is a supervisor on the conservation district board.
(d) The board of directors shall hold joint quarterly meetingswith the governing board of supervisors to consult and advise upon theactivities of the watershed improvement district, one of such quarterlymeetings shall consist of an inspection tour of the district by the boardsjointly.
41-8-113. Board of directors; powers generally.
(a) Under the supervision of the board of supervisors, theboard of directors of a watershed improvement district shall have power to:
(i) Levy and collect assessments for special benefits accruingto land, as hereinafter provided;
(ii) Acquire by purchase, exchange, lease, gift, grant, bequest,devise, or otherwise, any property, real or personal, or rights or intereststherein; maintain, administer, and improve any such property; and sell, lease,or otherwise dispose of any such property in furtherance of the purposes andprovisions of this act;
(iii) Exercise the power of eminent domain and in the mannerprovided by law for the condemnation of private property for public use;
(iv) Construct, improve, operate and contract for themaintenance of such structures as may be necessary for the performance of anyauthorized function of the watershed improvement district;
(v) Borrow such money as is necessary to carry out any of thepurposes and provisions of this act, and issue, negotiate, sell its bonds orother evidence of indebtedness as provided in W.S. 41-8-114;
(vi) Cooperate with, and receive from or grant assistance to,towns, cities, counties, and state and federal agencies in carrying out thepurposes and provisions of this act.
41-8-114. Board of directors; issuance of bonds.
(a) Bonds authorized by W.S. 41-8-113 shall not be issued untilproposed by order or resolution of the board of directors specifying thepurpose for which the funds are to be used, the rate of interest the bonds areto bear, the amount of the proposed bond issue, terms of the bonds, and theproposed method of payment and redemption of the bonds prior to maturity. Acopy of the order or resolution shall be certified to the board of supervisors.
(b) The board of directors shall conduct a hearing on suchproposal after due notice of such hearing has been given. If it appears thatthe proposal is within the scope and purpose of this act and meets all otherrequirements of the law, the proposal shall be submitted to the landowners ofthe watershed improvement district by a referendum held under the supervisionof the board of supervisors.
(c) The provisions of W.S. 41-8-107 through 41-8-110, as tonotice and manner of holding a referendum in organizing a watershed improvementdistrict shall be applicable to the referendum held under this section. Anyreferendum held under this section shall be held by mail ballot or on anelection date authorized under W.S. 22-21-103.
(d) If two-thirds (2/3) of the votes cast, which votesrepresent a majority of the acreage contained in the watershed improvementdistrict, are in favor of the proposed bond issue, such bonds shall beauthorized and may be issued.
(e) Bonds authorized and issued shall bear interest payableannually, and shall be due and payable not more than fifty (50) years fromtheir dates. The form, terms and provisions of the bonds, provision for theirpayment and provisions for their retirement and calling not inconsistent withlaw, shall be determined by the board of supervisors. The bonds are exempt fromall state, county, municipal, school and other taxes imposed by a taxingauthority of this state.
41-8-115. Board of directors; per diem and mileage.
Membersof the board of directors shall receive no salaries, but such members may beentitled to expenses for meetings and travel in the performance of their dutiesas approved by the board of supervisors.
41-8-116. Hearing on proposed projects.
(a) Before any contract shall be let or work begun upon anyimprovement or project within the watershed improvement district, the cost ofwhich cannot be exclusively financed by funds on hand, grants in aid, or financialassistance or gifts to the district, or before any contract may be entered intoby the district with any governmental agency or body which will obligate thedistrict to contribute financially beyond the extent of funds of the districtthen on hand, it shall be the duty of the board of directors to set a time andplace within the district for a public hearing upon such proposal. Due noticeof such hearing shall be given by the board of directors.
(b) At the time and place fixed for such hearing any owner ofland situated within the watershed improvement district, or any otherinterested person, may appear and be heard as to his objections to suchproposal.
(c) Following the public hearing the board of directors shall,by order or resolution, either affirm the proposal with or without modificationor amendments, or disapprove the proposal. If the board of directors affirmsthe proposal, it shall determine the probable cost of and the proposed methodof financing the improvement or project, the benefits to be derived therefrom,and whether the benefits will be conferred upon all land within the watershedimprovement district or upon only certain land within the district, in whichlatter case the land to be benefited shall be described as to boundaries, ownership,and approximate acreage.
41-8-117. Appointment of appraisers and appraisal of benefitedproperty.
Ifthe board of directors determines that the proposed improvement or projectshould be constructed and that the costs thereof should be paid by specialassessment against the land benefited by such improvement or project, it shallappoint three (3) qualified and disinterested residents of the state to act asappraisers. The appraisers shall inspect the plans and specifications of theproposed improvement or project and examine all land likely to be benefitedthereby. The appraisers shall make and file with the board of directors adetailed report showing all tracts of land within the watershed improvementdistrict found to be benefited, together with the acreage thereof, the name ofthe record owner of each tract, the amount each tract will be benefited, andthe amount of assessment to be levied against each tract, which assessmentagainst each tract shall be in proportion to the benefits accruing to suchtract. Any necessary expenses connected with making the appraisal by the three(3) appraisers shall be paid by the watershed improvement district.
41-8-118. Hearing on report of appraisers.
Uponreceiving the report of the appraisers the board of directors shall fix a timeand place within the watershed improvement district for hearing any complaintthat may be made regarding the benefits appraised to any tract of land or theassessment proposed to be levied against any tract of land. Due notice of suchhearing shall be given by the board of directors. At the time and place fixedfor such hearing the board of directors shall consider the report of theappraisers and consider and hear any objections filed or voiced thereto. Theboard of directors shall, by order or resolution, reject the report of theappraisers or accept the report and ratify it with or without modification oramendments.
41-8-119. Appeal from approval of project or determination of benefitsor assessments.
(a) Any owner of land or person having an interest therein uponwhich an assessment is proposed to be levied may, within thirty (30) days fromsuch order or resolution of the board of directors accepting the report of theappraisers, file with the clerk of the district court a written notice makingdemand for trial by the court. The notice shall state definitely from what partof such order or resolution the appeal is taken and shall set forth any otherobjections of the appellant. In case more than one (1) appeal is taken, thecourt may, upon finding that the appeals may be consolidated without injury tothe interests of anyone, consolidate and try the appeals together. Any hearingon appeal provided for herein in the district court shall be de novo, and thedistrict court shall consider not only the question of procedure but also themerits of the point or points appealed from, including but not limited toeminent domain proceedings. Any appeal from a decision of the district courtshall follow the usual rules of civil procedure.
(b) If no appeal is taken within the time prescribed in thissection from such order or resolution of the board of directors accepting thereport of the appraisers, or after the finding of the court in case an appealis taken from such order or resolution of the board of directors, then suchassessments shall be final and conclusive and shall constitute perpetual liensupon the land so assessed until they are fully paid.
41-8-120. Assessment of benefits against land of state and itssubdivisions.
Incase land belonging to the state, or a county, school district, or other publiccorporation is benefited by any improvement or project constructed under theprovisions of this act, all of such benefits shall be assessed against suchland and the assessments shall be paid by the proper authorities at the sametime as the assessments are called and paid in the cases of private persons.
41-8-121. Assessments generally.
(a) The board of directors shall, on or before the third Mondayin July of each year, certify to the board of county commissioners of thecounty within the watershed improvement district in which assessed land islocated the amount of the annual installments of assessments against the land,together with a fair proportionate amount of the estimated operating andmaintenance charges apportioned to the land for the next succeeding year.Thereupon the county commissioners shall certify to and deliver the assessmentroll to the county assessor of the county and the county assessor shall extendthe amounts so certified on the tax roll as a flat special assessment againstthe land benefited. The assessments shall be subject to the same interest andpenalties in case of delinquency as in the case of general taxes, and shall becollected at the same time and in the same manner as in the case of generaltaxes; provided, that the assessments shall become due and payable only at thetimes and in the amounts as may be determined by the board of directors.
(b) The board of directors in making the annual assessments andlevies as herein provided, shall take into account the maturing indebtednessfor the ensuing year as provided in its contracts, the maturing of bonds andinterests on all bonds, and deficiencies and defaults of prior years, and shallmake ample provisions for the payment thereof; provided however, that no one(1) yearly call for assessment by the board of directors shall be in an amountto exceed ten percent (10%) of the actual amount necessary to defray the costof the construction of the improvement or project.
41-8-122. Levy, collection and disposition of taxes and specialassessments; expenditure of funds.
Itshall be the duty of the officer or body having authority to levy taxes withineach county, to levy the taxes and special assessments as provided in this actand it shall be the duty of all county officials, charged with the duty ofcollecting taxes, to collect the taxes and special assessments as provided in thisact in the time, form and manner and with like interest and penalties as cityor county taxes are collected, and when collected to pay the same to the boardof directors of the watershed improvement district ordering their levy andcollection and the payments of such collections shall be made through thetreasurer of the watershed improvement district and deposited in the depositorythereof to the credit of such district. All expenditures of such funds shall bemade by the board of directors upon order of the board, under the supervisionof the board of supervisors.
41-8-123. Lien of assessment; collection of delinquent assessments.
Alltaxes and assessments levied against any land under this act together with allinterest thereon and penalties for default in payment thereof, and all costs ofcollecting the same, shall, until paid, constitute a perpetual lien upon suchland on a parity with the tax lien of general, state, county, city, town orschool taxes and no sale of such land to enforce any general, state, county,city, town or school tax or other liens shall extinguish the perpetual lien ofsuch taxes and assessments. If the taxes and assessments levied are not paid asherein provided, then such land shall be sold at the regular tax sale for thepayment of said taxes and assessments, interest and penalties, in the mannerprovided by the statutes of this state for selling real property for nonpaymentof general taxes.
41-8-124. Repealed by Laws 1998, ch. 115, 5.
41-8-125. Supervision upon discontinuance.
Ifany soil and water conservation district in which a watershed improvementdistrict is situated is discontinued, the state soil and water conservationcommittee [conservation commission] shall thereafter serve in the samesupervising capacity over the watershed improvement district as was theretoforeserved by the board of supervisors of such soil and water conservationdistrict.
41-8-126. Existing water rights preserved.
Nothingin this act shall be so construed as to in any manner impair existing waterrights, appropriations or priorities.