Law

Title 41 Water

Wyoming · 41 · statute

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Contents: 814 provisions
  1. 41-1-101. Permit for construction of Glendo Reservoir and
  2. 41-1-102. Repealed By Laws 2005, ch. 8, § 1.
  3. 41-1-103. Repealed By Laws 2005, ch. 8, § 1.
  4. 41-1-104. Repealed By Laws 2005, ch. 8, § 1.
  5. 41-1-105. Use of underground water in adjoining state; adjudication by board of control.
  6. 41-1-106. Water and related land resources planning; commission's responsibility.
  7. 41-1-107. Water and related land resources planning; authority of commission.
  8. 41-1-108. Water and related land resources planning; dispositions of monies and commission offices.
  9. 41-1-109. Interference with natural flow of thermal springs; authority to correct.
  10. 41-1-110. Interference with natural flow of thermal springs; nonthermal water or mineral development.
  11. 41-1-111. Interference with natural flow of thermal springs; injunctive relief.
  12. 41-1-112. Conducting business electronically.
  13. 41-2-101. Repealed By Laws 1999, ch. 149, § 1.
  14. 41-2-102. Repealed By Laws 1999, ch. 149, § 1.
  15. 41-2-103. Repealed By Laws 1999, ch. 149, § 1.
  16. 41-2-104. Repealed By Laws 1999, ch. 149, § 1.
  17. 41-2-105. Repealed By Laws 1999, ch. 149, § 1.
  18. 41-2-106. Repealed By Laws 1999, ch. 149, § 1.
  19. 41-2-107. Water resources plans; review; submission to commission.
  20. 41-2-108. Water resources plans; powers of commission.
  21. 41-2-109. Water resources plans; contents.
  22. 41-2-110. Water resources plans; duties of commission.
  23. 41-2-111. Suits for enforcement of water rights; appeals
  24. 41-2-112. Wyoming water development program.
  25. 41-2-113. Definitions.
  26. 41-2-114. Development of water projects; rehabilitation of water projects.
  27. 41-2-115. Report; authorization; assignment.
  28. 41-2-116. Water rights.
  29. 41-2-117. Wyoming water development commission; membership; removal; terms.
  30. 41-2-118. Powers, duties, salaries and expenses of commission.
  31. 41-2-119. Groundwater studies.
  32. 41-2-120. Approval of loans, construction or water contracts and agreements.
  33. 41-2-121. Criteria for water development projects; disclosure of personal interests by commission.
  34. 41-2-122. Protection and rights of landowner.
  35. 41-2-123. Project studies generally; hearings;
  36. 41-2-124. Accounts created; unexpended balance.
  37. 41-2-125. Office of water programs created; duties; annual report.
  38. 41-2-201. Renumbered as 99-99-201 by Laws 2009, Ch. 168, § 401.
  39. 41-2-202. Renumbered as 99-99-202 by Laws 2009, Ch. 168, § 401.
  40. 41-2-203. Renumbered as 99-99-203 by Laws 2009, Ch. 168, § 401.
  41. 41-2-204. Renumbered as 99-99-204 by Laws 2009, Ch. 168, § 401.
  42. 41-2-205. Renumbered as 99-99-205 by Laws 2009, Ch. 168, § 401.
  43. 41-2-206. Renumbered as 99-99-206 by Laws 2009, Ch. 168, § 401.
  44. 41-2-207. Repealed by Laws 1986, ch. 113, § 14; Renumbered as 99-99-207 by Laws 2009, Ch. 168, § 401.
  45. 41-2-208. Renumbered as 99-99-208 by Laws 2009, Ch. 168, § 401.
  46. 41-2-209. Renumbered as 99-99-209 by Laws 2009, Ch. 168, § 401.
  47. 41-2-210. Renumbered as 99-99-210 by Laws 2009, Ch. 168, § 401.
  48. 41-2-211. Renumbered as 99-99-211 by Laws 2009, Ch. 168, § 401.
  49. 41-2-212. Repealed by Laws 1982, ch. 60, § 16; Renumbered as 99-99-212 by Laws 2009, Ch. 168, § 401.
  50. 41-2-213. Repealed by Laws 1982, ch. 60, § 16; Renumbered as 99-99-213 by Laws 2009, Ch. 168, § 401.
  51. 41-2-214. Repealed by Laws 1982, ch. 60, § 16; Renumbered as 99-99-214 by Laws 2009, Ch. 168, § 401.
  52. 41-2-215. Repealed by Laws 1982, ch. 60, § 16; Renumbered as 99-99-215 by Laws 2009, Ch. 168, § 401.
  53. 41-2-216. Renumbered as 99-99-216 by Laws 2009, Ch. 168, § 401.
  54. 41-2-217. Renumbered as 99-99-217 by Laws 2009, Ch. 168, § 401.
  55. 41-2-218. Renumbered as 99-99-218 by Laws 2009, Ch. 168, § 401.
  56. 41-2-219. Renumbered as 99-99-219 by Laws 2009, Ch. 168, § 401.
  57. 41-2-220. Renumbered as 99-99-220 by Laws 2009, Ch. 168, § 401.
  58. 41-2-221. Renumbered as 99-99-221 by Laws 2009, Ch. 168, § 401.
  59. 41-2-222. Renumbered as 99-99-222 by Laws 2009, Ch. 168, § 401.
  60. 41-2-301. Renumbered as 99-99-301 by Laws 2009, Ch. 168, § 401.
  61. 41-2-401. Renumbered as 99-99-401 by Laws 2009, Ch. 168, § 401.
  62. 41-2-501. Renumbered as 99-99-501 by Laws 2009, Ch. 168, § 401.
  63. 41-2-502. Renumbered as 99-99-502 by Laws 2009, Ch. 168, § 401.
  64. 41-2-503. Renumbered as 99-99-503 by Laws 2009, Ch. 168, § 401.
  65. 41-2-504. Renumbered as 99-99-504 by Laws 2009, Ch. 168, § 401.
  66. 41-2-505. Renumbered as 99-99-505 by Laws 2009, Ch. 168, § 401.
  67. 41-2-506. Renumbered as 99-99-506 by Laws 2009, Ch. 168, § 401.
  68. 41-2-601. Renumbered as 99-99-601 by Laws 2009, Ch. 168, § 401.
  69. 41-2-701. Renumbered as 99-99-701 by Laws 2009, Ch. 168, § 401.
  70. 41-2-901. Repealed by Laws 1988, ch. 79, § 11.
  71. 41-2-1001. Renumbered as 99-99-1001 by Laws 2009, Ch. 168, § 401.
  72. 41-2-1101. Renumbered as 99-99-1101 by Laws 2009, Ch. 168, § 401.
  73. 41-2-1201. Renumbered as 99-99-1201 by Laws 2009, Ch. 168, § 401.
  74. 41-2-1301. Transfer of water authorized; conditions.
  75. 41-3-101. Nature of water rights and beneficial use.
  76. 41-3-102. Preferred uses; defined; order of preference.
  77. 41-3-103. Preferred uses; procedure for change of use.
  78. 41-3-104. Procedure to change use or place of use.
  79. 41-3-105. Repealed by Laws 1983, ch. 167, § 2.
  80. 41-3-106. Procedure to exchange water; delivery of water
  81. 41-3-107. Submerged lands; petition for change of water rights; conditions; hearing; fees.
  82. 41-3-108. Lands taken out of agricultural production or lands taken by eminent domain; retention of priority.
  83. 41-3-109. Construction of W.S. 41-3-107.
  84. 41-3-110. Right to acquire temporary water rights; application; restrictions; fee.
  85. 41-3-111. Right to acquire temporary water rights for
  86. 41-3-112. Right to acquire temporary water rights for
  87. 41-3-113. Supplemental supply water rights.
  88. 41-3-114. Petition to change point of diversion or means of conveyance.
  89. 41-3-115. Applications for use of water outside the state.
  90. 41-3-116. Permit for watering livestock on federal land.
  91. 41-3-117. Definitions; short title.
  92. 41-3-118. Conservation project applications and approval; sunset.
  93. 41-3-119. Storage of conserved water.
  94. 41-3-201. Definition.
  95. 41-3-202. Right to acquire.
  96. 41-3-203. Transportation in interstate channels.
  97. 41-3-204. Duty to supervise delivery; expense.
  98. 41-3-205. Rights of owner; priority of claims; subject to appropriation and diversion.
  99. 41-3-206. Rights of owner; recording of claim.
  100. 41-3-207. Rights of owner; right to divert and use.
  101. 41-3-208. Diverting from owner prohibited.
  102. 41-3-209. Change of point of diversion; power to petition generally.
  103. 41-3-210. Change of point of diversion; contents of petition.
  104. 41-3-211. Change of point of diversion; endorsement and recording of petition.
  105. 41-3-212. Change of point of diversion; hearing.
  106. 41-3-213. Change of point of diversion; rights of applicant upon approval; certificate of appropriation.
  107. 41-3-214. Change of point of diversion; fees and costs.
  108. 41-3-215. Change of point of diversion; appeal from adverse decision.
  109. 41-3-301. Application for reservoir construction permit; contents; procedure.
  110. 41-3-302. Application for construction permit; conditions; secondary permit; certificate of appropriation.
  111. 41-3-303. Use of stored water.
  112. 41-3-304. Use of bed of stream.
  113. 41-3-305. Direct flow storage.
  114. 41-3-306. Instream stock use.
  115. 41-3-307. Alterations or repairs of dams or diversion systems; definitions.
  116. 41-3-308. Alterations or repairs of dams or diversion
  117. 41-3-309. Alterations or repairs of dams or diversion
  118. 41-3-310. Alterations or repairs of dams or diversion
  119. 41-3-311. Alterations or repairs of dams or diversion systems; periodic inspections.
  120. 41-3-312. Alterations or repairs of dams or diversion
  121. 41-3-313. Alterations or repairs of dams or diversion systems; outlets; maintenance; draining by breaching.
  122. 41-3-314. Alterations or repairs of dams or diversion systems; emergency repairs or breaching.
  123. 41-3-315. Alterations or repairs of dams or diversion systems; enforcement of provisions.
  124. 41-3-316. Alterations or repairs of dams or diversion
  125. 41-3-317. Alterations or repairs of dams or diversion systems; liability of owners.
  126. 41-3-318. Penalties, cancellation of permit, for failure to comply with W.S. 41-3-308 through 41-3-314.
  127. 41-3-319. Owners of ditches and reservoirs; general rights.
  128. 41-3-320. Owners of ditches and reservoirs; sale or lease of impounded water.
  129. 41-3-321. Owners of ditches and reservoirs; priority of right to store or impound.
  130. 41-3-322. Owner's report of persons entitled to use water; superintendent's report of use of water.
  131. 41-3-323. Deeds for water rights; attaching of rights to land; sale, lease, transfer or use.
  132. 41-3-324. Deeds and leases for water rights; execution and recording.
  133. 41-3-325. Excess stored water to be furnished applicants; preferences; rates.
  134. 41-3-326. Applicability of ownership provisions.
  135. 41-3-327. Carey Act lands.
  136. 41-3-328. Witnesses' fees and mileage.
  137. 41-3-329. Change in point of diversion.
  138. 41-3-401. Failure to use water; extension of time; initiation by benefitted or injured user; hearing; appeal.
  139. 41-3-402. Initiation by state engineer; hearing; appeal.
  140. 41-3-501. Water divisions defined.
  141. 41-3-502. Superintendents; appointment; removal; number; qualifications; examination.
  142. 41-3-503. Superintendents; duties generally.
  143. 41-3-504. Superintendents; powers generally.
  144. 41-3-505. Superintendents; compensation and traveling expenses; full time devoted to duties.
  145. 41-3-506. Superintendents; appeal from order or regulations.
  146. 41-3-601. Division of state into districts.
  147. 41-3-602. Commissioners; appointment; term; removal; filling of vacancies; hydrographers.
  148. 41-3-603. Commissioners; general powers and duties; appeals from decisions.
  149. 41-3-604. Commissioners; additional powers and duties; defense by county attorney.
  150. 41-3-605. Commissioners; power to arrest; procedure following arrests.
  151. 41-3-606. Commissioners; performance of duties; requests for regulation.
  152. 41-3-607. Commissioners; salaries and expenses.
  153. 41-3-608. Commissioners; reports.
  154. 41-3-609. Commissioners; disqualification for personal interest or prejudice.
  155. 41-3-610. Commissioners; authority and duties of substitute.
  156. 41-3-611. Commissioners; assistants.
  157. 41-3-612. Rotation among water users; approval of commissioner.
  158. 41-3-613. Headgates, flumes or measuring devices; owners to construct and maintain; failure to comply.
  159. 41-3-614. Well, headgate or waterbox; prohibited acts; penalty for violation.
  160. 41-3-615. Approval of diversion dam plans.
  161. 41-3-616. Penalties for violation of water laws.
  162. 41-3-701. Purpose.
  163. 41-3-702. Short title; definitions.
  164. 41-3-703. Effect of improper notice of judicial proceeding.
  165. 41-3-704. Hearings on validity of districts.
  166. 41-3-705. Liberal construction.
  167. 41-3-720. Power of district court.
  168. 41-3-721. Petition for creation; conditions affecting inclusion of city or city and county.
  169. 41-3-722. Bond for expenses of proceedings.
  170. 41-3-723. Hearing procedure generally.
  171. 41-3-724. Protesting creation.
  172. 41-3-725. Filing of decree and copies of findings.
  173. 41-3-726. Procedure for organizing subdistricts.
  174. 41-3-740. Appointment and qualifications; number; term; election of successors; vacancies; bond.
  175. 41-3-741. Oath; election of officers; seal; records; compensation and expenses.
  176. 41-3-742. Powers generally.
  177. 41-3-743. Duties of secretary and chief engineer; other employees.
  178. 41-3-744. Quorum.
  179. 41-3-745. Acquisition of rights-of-way.
  180. 41-3-746. Contracts for use of water; power of board to sell or lease water; securing of payments generally.
  181. 41-3-747. Contracts for use of water; means of owners meeting annual installment payments.
  182. 41-3-748. Surplus funds.
  183. 41-3-749. Use and distribution of water generally.
  184. 41-3-750. Allotment of water to landowner under disability.
  185. 41-3-751. District boundary changes.
  186. 41-3-752. Petition for exclusion of lands.
  187. 41-3-753. Bonds; authority of board to issue; purpose; terms; execution; tax exemptions.
  188. 41-3-754. Bonds; election prior to issuance generally.
  189. 41-3-755. Bonds; election prior to issuance; publication of resolution.
  190. 41-3-756. Bonds; election prior to issuance; conduct of election; canvassing of returns; declaration of results.
  191. 41-3-757. Bonds; election prior to issuance; approval.
  192. 41-3-758. Judicial examination and determination of board's powers.
  193. 41-3-770. Methods of levying and collecting; classifications generally.
  194. 41-3-771. Methods of levying and collecting; class A.
  195. 41-3-772. Methods of levying and collecting; class B.
  196. 41-3-773. Methods of levying and collecting; class C.
  197. 41-3-774. Method of levying and collecting; class D.
  198. 41-3-775. Considerations affecting annual levies and assessments; deficiencies; additional assessments.
  199. 41-3-776. Objections to assessments.
  200. 41-3-777. Duties of city and county taxing officials.
  201. 41-3-778. Exemptions.
  202. 41-3-779. Nonpayment.
  203. 41-3-801. Petition for establishment; notice of election; qualifications of voters; conduct of election.
  204. 41-3-802. Election of board of directors; number; term;
  205. 41-3-803. Special tax authorized; power of board to enter
  206. 41-3-901. Definitions.
  207. 41-3-902. Spring waters; perfection of right to use; limitation.
  208. 41-3-903. By-product water; definition.
  209. 41-3-904. By-product water; appropriation; conditions and limitation.
  210. 41-3-905. Application; generally; registration of vested
  211. 41-3-906. Application; rights subject to preferences; rights of municipal corporations.
  212. 41-3-907. Application; preferred right of appropriations for stock or domestic use.
  213. 41-3-908. Division advisory committee; appointment; removal; duties; expense allowances.
  214. 41-3-909. State engineer; powers generally.
  215. 41-3-910. State engineer; power to determine area and boundaries of districts.
  216. 41-3-911. Authority to order interfering appropriator to
  217. 41-3-912. Control areas; board member districts;
  218. 41-3-913. Control areas; election of control area advisory board; mileage and expense allowances.
  219. 41-3-914. Adjudication of waters within control area.
  220. 41-3-915. Control areas; hearing to determine adequacy of
  221. 41-3-916. Priority of rights when 1 source of supply.
  222. 41-3-917. Change of location of well without loss of
  223. 41-3-918. Appeals.
  224. 41-3-919. Prohibited acts; penalty for violation.
  225. 41-3-930. Application; who required to file; filing;
  226. 41-3-931. Application; when granted generally; denial
  227. 41-3-932. Public notice of application or petition;
  228. 41-3-933. Express conditions limiting rights of appropriator; additional conditions.
  229. 41-3-934. Time limits to complete construction; extensions; cancellation generally.
  230. 41-3-935. Adjudication procedure.
  231. 41-3-936. Priority of appropriation.
  232. 41-3-937. Cancellation or suspension of permits or certificates.
  233. 41-3-938. Penalty.
  234. 41-3-939. Groundwater study to assess corrective controls within groundwater control areas.
  235. 41-3-1001. Waters stored for instream flows a beneficial
  236. 41-3-1002. Instream flows to be by stream segment; waters
  237. 41-3-1003. Game and fish commission; construction of
  238. 41-3-1004. Water development commission to determine
  239. 41-3-1005. Approval of storage project.
  240. 41-3-1006. Appropriation of unappropriated waters for direct instream flows.
  241. 41-3-1007. Acquisition of existing rights for instream flow purposes.
  242. 41-3-1008. Regulation of streams.
  243. 41-3-1009. Statement regarding condemnation and impairment of existing water rights.
  244. 41-3-1010. Litigation costs.
  245. 41-3-1011. Abandonment.
  246. 41-3-1012. Ingress and egress.
  247. 41-3-1013. Condemnation for municipal water purposes.
  248. 41-3-1014. Interstate compact and United States supreme court decree.
  249. 41-4-101. Legal standard of measurement.
  250. 41-4-102. Copies of records as evidence.
  251. 41-4-103. Cooperation and agreements with Utah; appropriations to Montana.
  252. 41-4-104. Adjudication of rights to water for use in adjoining state.
  253. 41-4-105. Adjudication of rights to water for use in adjoining state; permits issued before February 25, 1939.
  254. 41-4-201. Created; members; location of office; meetings generally; state engineer ex officio president; quorum.
  255. 41-4-202. Ex officio secretary of the board; duties generally.
  256. 41-4-203. Collection of fees generally.
  257. 41-4-204. Collection of fees; disposition generally.
  258. 41-4-205. State board of control; additional fees.
  259. 41-4-206. Duty at first meeting.
  260. 41-4-207. Copies of judgments involving water rights to be sent to board.
  261. 41-4-208. Tabulations and supplements of adjudicated water rights; publication generally; contents; appropriations.
  262. 41-4-209. Tabulations and supplements of adjudicated water rights; adequate copies to be printed; president to direct.
  263. 41-4-210. Tabulations of adjudicated water rights; distribution and sale of copies; disposition of proceeds.
  264. 41-4-211. Authority to administer oaths; rulemaking authorized.
  265. 41-4-301. Streams to be first adjudicated.
  266. 41-4-302. Notice; by publication; contents; taking of testimony; adjournment of hearings generally.
  267. 41-4-303. Notice; by mail to claimants.
  268. 41-4-304. Notice; all claimants to be notified.
  269. 41-4-305. Notice; enclosure of form for statement by claimant; contents.
  270. 41-4-306. Notice; statements to be under oath; administering.
  271. 41-4-307. Notice; payment of printing costs.
  272. 41-4-308. Taking of testimony generally; taking of proof.
  273. 41-4-309. Notice on completion of testimony; inspection of evidence.
  274. 41-4-310. Duty of claimants to appear; failure to comply;
  275. 41-4-311. Others contesting rights of original claimants; when permitted; procedures generally.
  276. 41-4-312. Others contesting rights of original claimants;
  277. 41-4-313. Others contesting rights of original claimants;
  278. 41-4-314. Others contesting rights of original claimants;
  279. 41-4-315. Others contesting rights of original claimants;
  280. 41-4-316. Examination and measurement of capacity of streams and works diverting water; maps or plats.
  281. 41-4-317. Determination of priorities to streams;
  282. 41-4-318. Surplus water; defined.
  283. 41-4-319. Surplus water; regulation and control.
  284. 41-4-320. Surplus water; rights of use generally.
  285. 41-4-321. Surplus water; who may divert.
  286. 41-4-322. Surplus water; limitations on use.
  287. 41-4-323. Surplus water; senior priority.
  288. 41-4-324. Surplus water; construction of W.S. 41-4-317 through 41-4-324.
  289. 41-4-325. Contents of certificate of priority; recording;
  290. 41-4-326. Conclusiveness of final decrees of board.
  291. 41-4-327. Rehearing after final order of board.
  292. 41-4-328. Authority to modify order and correct testimony.
  293. 41-4-329. Excess water; defined.
  294. 41-4-330. Excess water; rights of use generally.
  295. 41-4-331. Excess water; senior priority.
  296. 41-4-401. Rights of appeal to district court.
  297. 41-4-402. Repealed by Laws 1985, ch. 191, § 2.
  298. 41-4-403. Repealed by Laws 1985, ch. 191, § 2.
  299. 41-4-404. Repealed by Laws 1985, ch. 191, § 2.
  300. 41-4-405. Repealed by Laws 1985, ch. 191, § 2.
  301. 41-4-406. Pleadings and practice.
  302. 41-4-407. Procedure after judgment.
  303. 41-4-408. Costs; division of water pending appeal.
  304. 41-4-501. Permit required prior to construction of
  305. 41-4-502. Application for permit to acquire right to
  306. 41-4-503. Recordation; approval or rejection generally.
  307. 41-4-504. Endorsement by state engineer; return to applicant; effect of approval or rejection.
  308. 41-4-505. Additional information before approval or rejection.
  309. 41-4-506. Time limits for completing construction work;
  310. 41-4-507. Maps and plats; when required with application;
  311. 41-4-508. Maps and plats; examination; approval; filing; return of copy.
  312. 41-4-509. Maps and plats; additional information; longitudinal profiles of ditches.
  313. 41-4-510. Maps and plats; additional information; cross
  314. 41-4-511. Final proof of appropriation; procedures generally.
  315. 41-4-512. Final proof of appropriation; date of priority.
  316. 41-4-513. Adjudication of underground water rights.
  317. 41-4-514. Petition for amendment of permits; petition for
  318. 41-4-515. Endorsement of correction on records.
  319. 41-4-516. Rules and regulations authorized for W.S.
  320. 41-4-517. Appeal from action of state engineer or order of board of control.
  321. 41-5-101. Ditches; generally.
  322. 41-5-102. Ditches; jointly owned; action to recover proportionate share of work.
  323. 41-5-103. Ditches; jointly owned; lien for work.
  324. 41-5-104. Ditches; bridge to be built when ditch crosses public roads; costs of construction; failure to comply.
  325. 41-5-105. When capital stock of irrigation companies assessable for maintenance.
  326. 41-5-106. Keeping fish out of irrigation systems.
  327. 41-5-107. Removal or destruction of bridges or flumes.
  328. 41-5-108. Driving or floating logs, timber or lumber on streams.
  329. 41-5-109. Construction of acts.
  330. 41-5-110. Prohibited acts; penalty for violation.
  331. 41-5-111. Irrigation facility modification and maintenance.
  332. 41-5-201. Contractor's bond.
  333. 41-5-202. Statement of mechanic's lien; delivery to owner
  334. 41-5-203. Statement of mechanic's lien; delivery of copy
  335. 41-6-101. Authority to cooperate.
  336. 41-6-102. Election upon request of landowners; procedure generally.
  337. 41-6-103. Certificate of election proceedings to be filed;
  338. 41-6-104. Appeals.
  339. 41-6-105. Withdrawal from joint operations.
  340. 41-6-120. Number of members; qualifications; succession; quorum; voting procedures.
  341. 41-6-121. President.
  342. 41-6-122. Secretary.
  343. 41-6-123. Treasurer.
  344. 41-6-124. Adoption of name.
  345. 41-6-125. Powers generally.
  346. 41-6-126. Duties.
  347. 41-6-127. Purchase of machinery, tools or equipment.
  348. 41-6-201. Repealed by Laws 2023, ch. 24, § 1.
  349. 41-6-202. Repealed by Laws 2023, ch. 24, § 1.
  350. 41-6-203. Repealed by Laws 2023, ch. 24, § 1.
  351. 41-6-204. Repealed by Laws 2023, ch. 24, § 1.
  352. 41-6-205. Repealed by Laws 2023, ch. 24, § 1.
  353. 41-6-206. Repealed by Laws 2023, ch. 24, § 1.
  354. 41-6-207. Repealed by Laws 2023, ch. 24, § 1.
  355. 41-6-208. Repealed by Laws 2023, ch. 24, § 1.
  356. 41-6-209. Repealed by Laws 2023, ch. 24, § 1.
  357. 41-6-301. Disagreements may be referred to water commissioner; action by commissioner; fees.
  358. 41-6-302. Actions for injunctions; notice; hearings; issuance of injunctions or restraining orders; bond.
  359. 41-6-303. Relative interests of joint owners.
  360. 41-6-304. Affidavits of interest; parties joining in; filing; contents.
  361. 41-6-305. Affidavits of interest; as evidence; statute of limitations for civil actions upon.
  362. 41-6-306. Affidavits of interest; transfer of interests after filing.
  363. 41-6-307. Affidavits of interest; perjured statements.
  364. 41-6-308. Action in equity to determine rights of claimants; construction of act.
  365. 41-6-401. Organization.
  366. 41-6-402. Assessments.
  367. 41-6-501. "Land" defined.
  368. 41-6-502. "Person" defined.
  369. 41-6-503. Foreclosure of tax deeds; tax certificates as
  370. 41-6-504. Foreclosure of tax deeds; joinder of defendants; pleading; decree; rights of assignee of tax deed.
  371. 41-6-505. Foreclosure of tax deeds; sale procedures generally; redemption.
  372. 41-6-506. Foreclosure of tax deeds; disposition of sale proceeds.
  373. 41-6-507. Remedy cumulative.
  374. 41-7-101. Waiver of defect of service.
  375. 41-7-102. Construction; generally.
  376. 41-7-103. Construction; formerly organized districts; pending liens, actions.
  377. 41-7-104. Construction; existing water rights.
  378. 41-7-201. Filing of landowners' petition; contents; amendments; multiple petitions.
  379. 41-7-202. Petitioner's affidavit.
  380. 41-7-203. Land that may be included in proposed district.
  381. 41-7-204. Hearings; service of notice generally; contents.
  382. 41-7-205. Hearings; notification of nonresidents; personal service in lieu of posting for all persons.
  383. 41-7-206. Hearings; adjournment to serve persons not served.
  384. 41-7-207. Hearings; contests; grounds; notice of objections to be in writing; filing of objections.
  385. 41-7-208. Hearings; dismissal of petition improperly signed; inclusion or exclusion of land from district.
  386. 41-7-209. Fraudulent deeds for establishment or defeat of petition.
  387. 41-7-210. Court's order.
  388. 41-7-301. To be public officers; presumption in favor of validity of official acts.
  389. 41-7-302. Oath and bond; quorum; term; removal; vacancies.
  390. 41-7-303. Organization as board; officers; powers and
  391. 41-7-304. Financial records and reports; compensation and expenses; suit on bonds.
  392. 41-7-305. Maps and plans of proposed work; reports to court generally.
  393. 41-7-306. Power to alter location of irrigation works; power of court to alter plans proposed by commissioners.
  394. 41-7-307. Exclusion or inclusion of lands in district; review of report by court generally.
  395. 41-7-308. Hearings on commissioners' report; filing of objections; notice generally.
  396. 41-7-309. Hearings on commissioners' report; notice when land situated in more than 1 county.
  397. 41-7-310. Hearings on commissioners' report; procedure when report requires modification.
  398. 41-7-311. Hearings on commissioners' report; confirmation of report.
  399. 41-7-312. Hearings on commissioners' report; revision of confirmation.
  400. 41-7-313. Hearings on commissioners' report; payment of costs when objections dismissed.
  401. 41-7-314. Power to enter land to repair irrigation works; construction of ditches across railway rights-of-way.
  402. 41-7-315. Sale of water rights.
  403. 41-7-316. Election; when held; term of office; exception.
  404. 41-7-317. Election; where held; notice to voters; qualifications of voters; recording vote; proxies.
  405. 41-7-318. Election; validity; qualifications of
  406. 41-7-401. Payment in installments; construction contracts
  407. 41-7-402. Due dates; annual budget of district; hearings
  408. 41-7-403. Preparation of assessment roll; contents; how
  409. 41-7-404. Collection; disposition; enforcement.
  410. 41-7-405. Additional assessments generally.
  411. 41-7-406. Omissions; effect on other lands; duty of commissioner.
  412. 41-7-407. Omissions; procedures generally.
  413. 41-7-408. Borrowing money; bonds as security; indebtedness as lien on assessments.
  414. 41-7-409. Bonds; refunding procedures.
  415. 41-7-410. Bonds; effect of change in assessments.
  416. 41-7-411. Damages to landowners to be paid before entry
  417. 41-7-412. Advertisement for bids.
  418. 41-7-413. Application of provisions; districts organized under federal reclamation projects.
  419. 41-7-414. When assessments to be judgments against land; manner of collection.
  420. 41-7-415. Order approving contract deemed conclusive; appeals.
  421. 41-7-501. Warrants for expense of survey authorized.
  422. 41-7-502. Petition for authority to issue warrants; notice of hearing; objections.
  423. 41-7-503. Petition for authority to issue warrants; hearing generally; decree generally; appeal.
  424. 41-7-504. Effect of decree; reference to be made on warrants.
  425. 41-7-505. Assessment roll when assessments not yet approved or confirmed; equalization of assessments; levy.
  426. 41-7-601. Inclusion of provisions for maintenance and reclamation of injured lands; costs.
  427. 41-7-602. Petition for contract and assessments; hearings generally.
  428. 41-7-603. Order approving contract deemed conclusive; appeal.
  429. 41-7-701. Irrigation districts may undertake power projects.
  430. 41-7-702. Resolution of commissioners.
  431. 41-7-703. Report made to district court.
  432. 41-7-704. Hearing on objections to report.
  433. 41-7-705. Notices; how given and served.
  434. 41-7-706. Notices; contents.
  435. 41-7-707. Order of court authorizing project; procedure commissioners to follow.
  436. 41-7-708. Approved project may proceed as incident to existing system; disposition of excess energy.
  437. 41-7-709. Determination and apportionment of cost of power portion of project.
  438. 41-7-710. Costs of irrigation works and power project separately apportioned.
  439. 41-7-711. Assessments for power project to be determined; reported to court.
  440. 41-7-712. Determination of rate of assessment.
  441. 41-7-713. Provisions governing levying, approving and collecting assessments.
  442. 41-7-714. Plan may be divided; procedure.
  443. 41-7-715. Additions to projects; amended or supplemental petitions.
  444. 41-7-716. Revenue from sale of power to be determined.
  445. 41-7-717. Power revenue to be deducted from assessments.
  446. 41-7-718. Liberal construction; restrictions; regulation by public service commission.
  447. 41-7-801. Declaration of policy.
  448. 41-7-802. Definitions.
  449. 41-7-803. Creation; as corporate entity; district within district.
  450. 41-7-804. Creation; procedures generally.
  451. 41-7-805. Board of directors; election; term; vacancies; bond; removal; conduct of election.
  452. 41-7-806. Board of directors; qualifications; officers;
  453. 41-7-807. Powers; generally.
  454. 41-7-808. Powers; eminent domain; application of provisions.
  455. 41-7-809. Powers; incurring indebtedness; security for loans; limitations; agreements.
  456. 41-7-810. Powers; obtaining federal grants or loans; acceptance of gifts.
  457. 41-7-811. Powers; purchase or conveyance of water rights.
  458. 41-7-812. Powers; taxation generally; liability of district for indebtedness.
  459. 41-7-813. Construction of irrigation works; cost estimates; advertisement for bids; contracts.
  460. 41-7-814. Expenditures.
  461. 41-7-815. Sale or mortgage of irrigation works.
  462. 41-7-816. Keeping funds; fixing prices, rates and charges.
  463. 41-7-817. Dissolution.
  464. 41-7-818. Construction; generally.
  465. 41-7-819. Construction; cities and towns.
  466. 41-7-830. Authority.
  467. 41-7-831. Resolution of board of directors.
  468. 41-7-832. Election; notice.
  469. 41-7-833. Election; procedure.
  470. 41-7-834. Filing of certificate of change.
  471. 41-7-835. Construction.
  472. 41-7-850. Irrigation district may assume status of public power district.
  473. 41-7-851. Resolution of commissioners.
  474. 41-7-852. Report made to district court; contents.
  475. 41-7-853. Hearing on proposal.
  476. 41-7-854. Notice of hearing; publication.
  477. 41-7-855. Notice of hearing; contents.
  478. 41-7-856. Order of court authorizing change.
  479. 41-7-857. Submission of proposal to vote of landowners and entrymen.
  480. 41-7-858. Effect of vote on court.
  481. 41-7-859. Court order vests powers.
  482. 41-7-860. Construction and application of Public Irrigation and Power District Law.
  483. 41-7-861. Irrigation and power funds to be kept in separate accounts.
  484. 41-7-862. Different laws to apply to additions to irrigation works and power works.
  485. 41-7-863. Report of proposed construction to court; apportionment of irrigation and power costs.
  486. 41-7-864. Rights and powers preserved.
  487. 41-7-865. Liberal construction; restrictions; regulation by public service commission.
  488. 41-7-901. "Revenue" defined.
  489. 41-7-902. Revenue bonds of irrigation and irrigation and power districts authorized.
  490. 41-7-903. Designation of revenue from which principal or interest payable.
  491. 41-7-904. Statement on bonds of limitations on payment of principal.
  492. 41-7-905. Statement on bonds and coupons of limitations affecting interest payments.
  493. 41-7-906. Statement on bonds and coupons of limitations
  494. 41-7-907. Designation of revenue releases district and officers from payment otherwise.
  495. 41-7-908. Allocation of designated revenue; resolution.
  496. 41-7-909. Allocation of designated revenue; for bonds payable from revenue or assessments.
  497. 41-7-910. Allocation of designated revenue; application.
  498. 41-7-911. Allocation of designated revenue; bonds benefited by allocation.
  499. 41-7-912. Allocation of designated revenue; irrevocability.
  500. 41-7-913. Allocation of revenue to reserve fund.
  501. 41-7-914. Bonds may be made redeemable before maturity.
  502. 41-7-915. Manner of redeeming.
  503. 41-7-916. Publication of notice of redemption.
  504. 41-7-917. Publication of notice of redemption; time for publication.
  505. 41-7-918. Interest ceases on redemption date.
  506. 41-7-919. When bonds may be sold.
  507. 41-7-920. Resolution as to sale.
  508. 41-7-921. Publication of notice of sale.
  509. 41-7-922. Contents of notice of sale.
  510. 41-7-923. Sale made to highest responsible bidder.
  511. 41-7-924. Certified check to accompany bid; forfeiture.
  512. 41-7-925. Board may reject bids.
  513. 41-7-926. Readvertisement or private sale.
  514. 41-7-927. Approval of private sale required.
  515. 41-7-928. Exchange of construction bonds for property or stock.
  516. 41-7-929. Refunding bonds sold or exchanged for bonds or warrants.
  517. 41-7-930. Immediate cancellation of refunded or exchanged bonds.
  518. 41-7-931. Cancellation of unissued bonds; resolution of board.
  519. 41-7-932. Fixing time for consideration of resolution of cancellation.
  520. 41-7-933. Publication of cancellation resolution and notice of time for consideration.
  521. 41-7-934. No bonds issued after cancellation resolution adopted.
  522. 41-7-935. Destruction of canceled bonds and coupons.
  523. 41-7-1001. Petition of landowners.
  524. 41-7-1002. Election; notice.
  525. 41-7-1003. Election; conduct; certification of result; report of district indebtedness.
  526. 41-7-1004. Order for hearing on results of election; generally.
  527. 41-7-1005. Order for hearing on results of election; publication.
  528. 41-7-1006. Hearings; final settlement.
  529. 41-8-101. Definitions.
  530. 41-8-102. Purposes.
  531. 41-8-103. Formation.
  532. 41-8-104. Area.
  533. 41-8-105. Petition for establishment; filing generally; contents; copy to be furnished conservation commission.
  534. 41-8-106. Petition for establishment; establishment in more than 1 soil and water conservation district.
  535. 41-8-107. Petition for establishment; hearing; notice.
  536. 41-8-108. Referendum prerequisite to establishment; generally.
  537. 41-8-109. Referendum prerequisite to establishment; voting; ballots; right of landowners to vote; proxies.
  538. 41-8-110. Referendum prerequisite to establishment;
  539. 41-8-111. Inclusion of additional land; detaching land; change of boundaries; change of name.
  540. 41-8-112. Board of directors; eligibility; election; terms; officers.
  541. 41-8-113. Board of directors; powers generally.
  542. 41-8-114. Board of directors; issuance of bonds.
  543. 41-8-115. Board of directors; per diem and mileage.
  544. 41-8-116. Hearing on proposed projects.
  545. 41-8-117. Appointment of appraisers and appraisal of benefited property.
  546. 41-8-118. Hearing on report of appraisers.
  547. 41-8-119. Appeal from approval of project or determination of benefits or assessments.
  548. 41-8-120. Assessment of benefits against land of state and its subdivisions.
  549. 41-8-121. Assessments generally.
  550. 41-8-122. Levy, collection and disposition of taxes and special assessments; expenditure of funds.
  551. 41-8-123. Lien of assessment; collection of delinquent assessments.
  552. 41-8-124. Repealed by Laws 1998, ch. 115, § 5.
  553. 41-8-125. Supervision upon discontinuance.
  554. 41-8-126. Existing water rights preserved.
  555. 41-9-101. Petition for organization; when filed; contents; service of notice or petitions generally.
  556. 41-9-102. Petition for organization; amendment; multiple petitions.
  557. 41-9-103. What lands may be included.
  558. 41-9-104. Notice of hearing; service generally; contents.
  559. 41-9-105. Notice of hearing; nonresidents.
  560. 41-9-106. Notice of hearing; proof of service.
  561. 41-9-107. Notice of hearing; effect of personal service.
  562. 41-9-108. Notice of hearing; adjournment of hearings when notice not fully served.
  563. 41-9-109. Notice of hearing; service after adjournment.
  564. 41-9-110. Notice of hearing; defective service generally.
  565. 41-9-111. Hearings; grounds for contesting.
  566. 41-9-112. Hearings; procedure generally.
  567. 41-9-113. Hearings; affidavits of petitioners as evidence.
  568. 41-9-114. Hearings; dismissal of defective petition.
  569. 41-9-115. Fraudulent conveyances to defeat or establish petition.
  570. 41-9-116. District commissioners; number; appointment;
  571. 41-9-117. District commissioners; oath; bond generally; quorum.
  572. 41-9-118. District commissioners; term.
  573. 41-9-119. District commissioners; new appointments.
  574. 41-9-120. District commissioners; vacancies.
  575. 41-9-121. District commissioners; financial records, minutes of meetings to be kept.
  576. 41-9-122. District commissioners; filing of annual financial report.
  577. 41-9-123. District commissioners; compensation and expenses.
  578. 41-9-124. District commissioners; under control and direction of court; failure to obey.
  579. 41-9-125. Suit on bond of commissioners.
  580. 41-9-126. Organization of commission; examination of lands; contents of preliminary report.
  581. 41-9-127. Change of plan proposed in petition.
  582. 41-9-128. Hearings on report; notice generally.
  583. 41-9-129. Hearings on report; notice to owners of added lands.
  584. 41-9-130. Hearings on report; adjournment.
  585. 41-9-131. Hearings on report; remonstrances.
  586. 41-9-132. Hearings on report; trial; when petition for organization dismissed.
  587. 41-9-133. Hearings on report; when report confirmed.
  588. 41-9-134. Hearings on report; findings conclusive; appeal.
  589. 41-9-135. Creation of corporate entity upon confirmation of report.
  590. 41-9-136. Corporate authorities.
  591. 41-9-137. All proceedings deemed necessary.
  592. 41-9-201. Authority of commissioners to enter lands for repairs.
  593. 41-9-202. Power of eminent domain.
  594. 41-9-203. Presumption of validity of acts of commissioners.
  595. 41-9-204. Commissioners under supervision of court; removal; new bonds.
  596. 41-9-205. Waiver of notice.
  597. 41-9-206. Liberal construction.
  598. 41-9-210. Levels, surveys and maps to be made; report to court required.
  599. 41-9-211. Contents; starting points, routes and termini.
  600. 41-9-212. Contents; change of boundaries generally.
  601. 41-9-213. Contents; assessment of damages.
  602. 41-9-214. Contents; assessment of benefits.
  603. 41-9-215. Contents; cost of construction.
  604. 41-9-216. Contents; assessments upon particular tracts, lots and corporations.
  605. 41-9-217. Contents; assessments for construction generally.
  606. 41-9-218. Contents; special benefits to corporations.
  607. 41-9-219. Contents; costs of repairs.
  608. 41-9-220. Contents; maps and plans.
  609. 41-9-221. Commissioners not to be confined to plans in petition.
  610. 41-9-222. Changing boundaries upon application to court; filing of report.
  611. 41-9-223. Notice of hearings on report; contents; order for hearing.
  612. 41-9-224. Notice of hearings on report; publication and service generally.
  613. 41-9-225. Notice of hearings on report; when land situated in several counties.
  614. 41-9-226. Notice of hearings on report; effect of personal service.
  615. 41-9-227. Hearings; modification of report generally.
  616. 41-9-228. Hearings; confirmation order generally; appeal.
  617. 41-9-229. Hearings; modification of combination order.
  618. 41-9-230. Hearings; supplemental report; amending original report.
  619. 41-9-231. Judgment; entry when petition on proceedings dismissed.
  620. 41-9-232. Judgment; filing of statement of costs; hearing.
  621. 41-9-233. Judgment; contributions for payment prorated.
  622. 41-9-240. Payment generally; unpaid assessments as liens; duty of clerk of court; state lands.
  623. 41-9-241. Payment in installments.
  624. 41-9-242. Current expenses; annual budget generally.
  625. 41-9-243. Assessment roll generally.
  626. 41-9-244. Certification procedure.
  627. 41-9-245. Additional assessments; generally.
  628. 41-9-246. Additional assessments; commissioner's petition; hearings; modification of budget.
  629. 41-9-247. Omissions; generally.
  630. 41-9-248. Omissions; agreement between landowner and commissioners.
  631. 41-9-249. Application of state revenue laws; tax sale for delinquent assessments.
  632. 41-9-250. Objections; landowners to show cause; presumption of validity of assessments.
  633. 41-9-251. Objections; statement of owner; default; decrees; appeal; adjournment of hearing; trial.
  634. 41-9-252. Objections; procedure when assessments declared void.
  635. 41-9-253. Assessments as liens generally.
  636. 41-9-254. Assessment as court judgment.
  637. 41-9-255. Conclusiveness of order; appeals generally.
  638. 41-9-256. Notes and bonds generally.
  639. 41-9-257. Refunding of indebtedness.
  640. 41-9-258. Effect of change in assessments upon existing bonds.
  641. 41-9-259. Collection generally.
  642. 41-9-260. Bidding procedure when cost over $500.00.
  643. 41-9-261. Commissioners not to have financial interest in construction contracts.
  644. 41-9-262. Entry of commissioners on land; payment of damages to owner.
  645. 41-9-263. Location of drains.
  646. 41-9-264. Drained lands outside of district; commissioners' report requesting assessments.
  647. 41-9-265. Drained lands outside of district; court order to landowners to show cause.
  648. 41-9-266. Drained lands outside of district; hearings; remonstrances; trial on issues.
  649. 41-9-267. Drained lands outside of district; hearings; findings; annexation to district.
  650. 41-9-268. Drained lands outside of district; effect of court order; appeal.
  651. 41-9-269. Drained lands outside of district; levy of assessments by commissioners.
  652. 41-9-270. Drained lands outside of district; filing of
  653. 41-9-271. Drains across railroad rights-of-way; generally.
  654. 41-9-272. Drains across railroad rights-of-way; liability of district to railroad.
  655. 41-9-273. Drains across railroad rights-of-way; railroads to grant free access; failure to comply.
  656. 41-9-274. Petition for reconstruction, enlargement,
  657. 41-9-275. Petition for construction; filing by landowners in lieu of commissioners.
  658. 41-9-276. Petition; hearing procedures generally.
  659. 41-9-277. Petition; procedure when petition granted.
  660. 41-9-278. Petition; assessments.
  661. 41-9-301. Authorized.
  662. 41-9-302. Contents of petition.
  663. 41-9-303. Order for hearing on petition; notice generally.
  664. 41-9-304. Manner of service.
  665. 41-9-305. Hearing.
  666. 41-9-306. Court order; creation of new district as
  667. 41-9-401. Agreement generally; apportionment of maintenance expenses; municipal assessments generally.
  668. 41-9-402. Assessments for bond principal and interest; levy and collection.
  669. 41-9-403. Mill levy and indebtedness of town not to be affected.
  670. 41-9-501. Qualifications of districts as prerequisites to contracting.
  671. 41-9-502. When district authorized to enter into contract.
  672. 41-9-503. Securing of district indebtedness due to contract.
  673. 41-9-504. Unentered public lands as majority of district;
  674. 41-9-601. Petition of landowners.
  675. 41-9-602. Election; notice.
  676. 41-9-603. Election; conduct; certification of result; report of district indebtedness.
  677. 41-9-604. Order for hearing on results of election; generally.
  678. 41-9-605. Election hearing results; publication.
  679. 41-9-606. Hearing; final settlement.
  680. 41-10-101. Definitions.
  681. 41-10-102. Lands included in district.
  682. 41-10-103. Establishment of districts; jurisdiction of board of county commissioners.
  683. 41-10-104. Organization of districts; information required in the petition.
  684. 41-10-105. Bond or cash deposit required at time of filing
  685. 41-10-106. Repealed by Laws 1998, ch. 115, § 5.
  686. 41-10-107. Election in connection with establishment.
  687. 41-10-108. Copy of resolution establishing district to be
  688. 41-10-109. Members of original board of directors to
  689. 41-10-110. Original board generally.
  690. 41-10-111. Regular and special meetings of board; quorum;
  691. 41-10-112. Subsequent elections of members of board of directors of district.
  692. 41-10-113. Powers of district board.
  693. 41-10-114. Authority of board to levy and collect taxes generally; maximum levy.
  694. 41-10-115. Annual determination by board of amount of
  695. 41-10-116. Matters to be considered in certifying annual levies; additional levies.
  696. 41-10-117. Duty of county officials to levy and collect
  697. 41-10-118. Sale of real and personal property for nonpayment of taxes.
  698. 41-10-119. Authority of board to levy taxes and collect revenue for purpose of creating a reserve fund.
  699. 41-10-120. Change in boundaries of districts; generally.
  700. 41-10-121. Repealed by Laws 1998, ch. 115, § 5.
  701. 41-10-122. Repealed by Laws 1998, ch. 115, § 5.
  702. 41-10-123. Repealed by Laws 1998, ch. 115, § 5.
  703. 41-10-124. Authority of district to borrow money; types of
  704. 41-10-125. Borrowing money without election in
  705. 41-10-126. Resolution and election prerequisite to issuance of general obligation bonds.
  706. 41-10-127. Maximum aggregate amount of bonds or other evidences of indebtedness.
  707. 41-10-128. Borrowing money and issuing bonds for purpose
  708. 41-10-129. Power to create local improvement districts vested in board.
  709. 41-10-130. Submission of question of creating indebtedness
  710. 41-10-131. Principal and interest to be paid solely from
  711. 41-10-132. Bonds not to be debt of district; exception as
  712. 41-10-133. Resolution may provide that bonds shall recite
  713. 41-10-134. Date of bonds; maturity; payment and rate of
  714. 41-10-135. Execution of bonds; signature by chairman of
  715. 41-10-136. Sale of bonds at public or private sale; price;
  716. 41-10-137. Moneys received from issuance of bonds to be
  717. 41-10-138. Covenants in resolution authorizing issuance of bonds.
  718. 41-10-139. Rights and powers of holders of bonds.
  719. 41-10-140. Publication of resolution or other proceedings
  720. 41-10-141. Payment of preliminary expenses incurred in
  721. 41-10-142. Refunding bonds.
  722. 41-10-143. Duty of board to impose tolls, fees and charges
  723. 41-10-144. Exemption of property and bonds from taxation.
  724. 41-10-145. Authority of municipalities, counties and
  725. 41-10-146. Questions of validity to be given preference on court docket.
  726. 41-10-147. Effect of failure to give notice; board of
  727. 41-10-148. Reorganization of sanitary and improvement districts as sewer district or water and sewer district.
  728. 41-10-149. Full authority for authorization and issuance of bonds; effect on other statutes.
  729. 41-10-150. Liberal construction.
  730. 41-10-151. Finances administered according to the Uniform Municipal Fiscal Procedures Act.
  731. 41-10-152. City or town may annex areas within sewer or water district.
  732. 41-10-153. Obligations and authority remain with district.
  733. 41-10-154. Administration may be transferred to city or town by agreement.
  734. 41-10-155. Obligation to provide services remains with district; limitation.
  735. 41-10-156. Bonding authority of city or town to acquire
  736. 41-10-157. Application.
  737. 41-11-101. Duties of attorney general.
  738. 41-11-201. Appointment of commissioners to serve on joint
  739. 41-11-202. Designation of commissioners to represent state
  740. 41-11-203. Authority of commissioners; investigations.
  741. 41-11-204. Assistant commissioners.
  742. 41-11-205. Mileage, per diem and compensation for commissioners and assistant commissioners.
  743. 41-11-206. Depository of records relating to interstate streams and water compacts.
  744. 41-11-301. Short title.
  745. 41-11-302. Wyoming Colorado River advisory committee; purpose; membership.
  746. 41-11-303. State engineer duties; dissemination of information.
  747. 41-11-304. Applicability of public meetings act.
  748. 41-12-101. Generally.
  749. 41-12-102. When binding; notice of ratification.
  750. 41-12-201. Purpose.
  751. 41-12-202. Definitions.
  752. 41-12-203. Administration.
  753. 41-12-204. Water gauging stations.
  754. 41-12-205. Allocation of waters.
  755. 41-12-206. Acquisition of property in another state.
  756. 41-12-207. Construction and use of dams; claims for storage or diversion; appropriations.
  757. 41-12-208. Water for stock water use in South Dakota.
  758. 41-12-209. Size of reservoirs.
  759. 41-12-210. Duration of compact.
  760. 41-12-211. Termination of compact.
  761. 41-12-212. Rights of action preserved.
  762. 41-12-213. Application of compact.
  763. 41-12-214. When compact becomes operative.
  764. 41-12-215. Severability of provisions.
  765. 41-12-301. Generally.
  766. 41-12-302. When binding; notice of ratification.
  767. 41-12-401. Generally.
  768. 41-12-402. When binding; notice of ratification.
  769. 41-12-501. Generally.
  770. 41-12-502. When binding; notice of ratification.
  771. 41-12-601. Generally.
  772. 41-12-602. When binding; notice of ratification.
  773. 41-12-603. Diversions from the Yellowstone River Basin; definitions.
  774. 41-12-604. Diversions from the Yellowstone River Basin; authority to approve.
  775. 41-12-605. Diversions from the Yellowstone River Basin; application; notice.
  776. 41-12-606. Diversions from the Yellowstone River Basin; objections; public hearing.
  777. 41-12-607. Diversions from the Yellowstone River Basin; criteria for approval; terms.
  778. 41-12-701. Generally.
  779. 41-12-702. When binding; notice of ratification.
  780. 41-12-801. Studies authorized for waters allocated by certain compacts.
  781. 41-13-101. Definitions; classification of motorboats.
  782. 41-13-102. Motorboat certificate of number required.
  783. 41-13-103. Motorboats to be numbered; exempt motorboats.
  784. 41-13-104. Application for certificate; issuance of
  785. 41-13-105. Watercraft accidents or collisions; duty to
  786. 41-13-106. Accident report information to federal government.
  787. 41-13-107. Political subdivisions not to number watercraft.
  788. 41-13-108. Publication and distribution of regulations.
  789. 41-13-109. Motorboat registration fee.
  790. 41-13-110. Disposition of registration fees.
  791. 41-13-111. Prohibited acts; penalties.
  792. 41-13-201. Repealed by Laws 1979, ch. 112, § 2.
  793. 41-13-202. Provisions applicable to all watercraft in state; supplemental to federal laws and regulations.
  794. 41-13-203. Careless operation defined.
  795. 41-13-204. Reckless operation defined.
  796. 41-13-205. Repealed by Laws 1982, ch. 75, § 5; 1983 ch.
  797. 41-13-206. Operation of watercraft by intoxicated or drugged person prohibited.
  798. 41-13-207. Operation of watercraft by person under disability prohibited.
  799. 41-13-208. Overloading prohibited.
  800. 41-13-209. Overpowered watercraft prohibited; horsepower rating plates; mufflers required.
  801. 41-13-210. Riding on gunwales or bow decking prohibited; exceptions.
  802. 41-13-211. Buoys and markers; operation in marked restricted areas prohibited; exceptions.
  803. 41-13-212. Motorboat pulling skier to be occupied by at
  804. 41-13-213. Safety equipment required.
  805. 41-13-214. Repealed by Laws 1979, ch. 112, § 2.
  806. 41-13-215. Enforcement.
  807. 41-13-216. Penalties for violations; suspension of privilege to operate; operating while privilege suspended.
  808. 41-13-217. Races or regattas.
  809. 41-13-218. Regulations.
  810. 41-13-219. Age of operator of motorboat.
  811. 41-13-220. Eluding an officer; emergency watercraft equipment restricted.
  812. 41-14-101. Definitions.
  813. 41-14-102. Contracts with United States for acquisition of
  814. 41-14-103. Issuance of bonds; purchase of bonds by state

Proposed changes to this act

No one has proposed a change to this act yet.

814 provisions

41-7-314. Power to enter land to repair irrigation works; construction of ditches across railway rights-of-way.

(a) The commissioners, their agents, servants, and employees shall have the right to go upon all lands along any reservoirs, ditch, canal, or embankment in their district, to inspect, deepen, widen and repair the same whenever necessary, doing no unnecessary damage, and shall not be liable for trespass therefor. (b) Said commissioners shall have the right to lay out and construct all necessary canals, ditches, drains and embankments across any railway right-of-way or yard within their district, and any railway company whose right-of-way or yard is crossed by the line of any proposed canal, ditch, drain or embankment shall open its right-of-way or yard and permit such canal, ditch, drain or embankment to cross the same as soon as such canal, ditch, drain or embankment is constructed to such right-of-way. Upon receiving fifteen (15) days notice in writing any railway company across whose right-of-way or yard any such canal, ditch, drain or embankment is laid out, shall open its right-of-way or yard and permit said commissioners and their contractors, agents and employees to construct such canal, ditch, drain or embankment across said right-of-way or yard. For every day that such railway company fails, after the end of said fifteen (15) days to open its right-of-way or yard as hereinbefore required, it shall forfeit twenty-five dollars ($25.00) to said irrigation district to be collected in an action as other forfeitures are collected, or to be set off against any damages that have been awarded to such railway company. If such railway company fails to open its right-of-way or yard along the line of any such canal, ditch, drain or embankment, the commissioners may at any time after the expiration of said fifteen (15) days open such right-of-way or yard along the line of such canal, ditch, drain or embankment and construct the same. Every irrigation district shall be liable to the railway company whose right-of-way or yard is crossed by any canal, ditch, drain or embankment of the district, for the reasonable cost of any culverts or bridges for railway purposes made necessary by the crossing of such right-of-way or yard by any such canal, ditch, drain or embankment, but the cost so entailed shall not be greater than the average cost of other culverts and bridges of similar size installed on the same division of the railway, and crossing streams, canals, ditches or drains of approximately the same width and depth within a distance of one hundred (100) miles of the canals, ditches or drains of said district.

Propose a change

41-7-315. Sale of water rights.

Whenever any of the lands embraced within said district have been or are to be reclaimed by the work done or proposed to be done by said district and the segregation of said lands has been secured by said district, it shall be competent for the commissioners of said district, in the name of said district, to contract with any person competent to make entry upon said lands for the sale of water rights thereto, and any and all payments by such contracts provided to be paid to the district shall be and are a lien upon said lands and water rights until paid, and such lien may be foreclosed in the manner provided by law for the foreclosure of such liens.

Propose a change

41-7-316. Election; when held; term of office; exception.

(a) At any annual meeting of the irrigation district, the district may elect to adopt either a calendar year basis for their district elections or a fiscal year basis for their district elections. If the district elects a calendar year basis, on or after the first day of February and before the last day in March next preceding the expiration of the terms of office of any irrigation district commissioner appointed in any irrigation district, organized under the provisions of this chapter, and on or after the first day of February and before the last day in March of each year thereafter, an election shall be held to elect a commissioner or commissioners for the district, in the manner prescribed by this section. (b) If the district elects a fiscal year basis for their district elections similar to that of the county in which they are located, then on or after the first day of August and before the last day of September next preceding the expiration of the terms of office of any irrigation district commissioner appointed or elected in any irrigation district organized under the provisions of this chapter, and on or after the first day of August and before the last day in September of each year thereafter, an election shall be held to elect a commissioner or commissioners for the district, in the manner prescribed in this section. (c) At the first election held in any district, one (1) commissioner shall be elected from each commissioner district who shall be a landowner thereof. Where the irrigation district is divided into three (3) subdivisions, the commissioner from district number 1 shall serve as a commissioner for a term of one (1) year, the commissioner from district number 2 shall serve as a commissioner for a term of two (2) years, and the commissioner from district number 3 shall serve as a commissioner for a term of three (3) years. Where the district is divided into five (5) subdivisions, the commissioners from districts numbers 1 and 2 shall serve as commissioners for a term of one (1) year, commissioners from districts numbers 3 and 4 shall serve as commissioners for a term of two (2) years, and the commissioner from district number 5 shall serve as a commissioner for a term of three (3) years. Thereafter, all commissioners elected shall serve for a term of three (3) years, and until their successors are elected and qualified, except commissioners elected to fill an unexpired term. (d) The term of an elected commissioner shall commence upon the date of the next regular meeting of the commissioners held after his election. If a majority of the commissioners are appointed by the secretary of the interior as provided for in this chapter, then the remaining commissioners shall be elected at large within the entire irrigation district for terms of three (3) years each. The terms however, shall be limited to and expire on the date of the next regular meeting of the commissioners held following the date when the unentered public lands within the district constitute less than the majority of the total acreage within the district. After the expiration of these terms, the commissioners shall be elected in the same manner and for the same terms as provided for herein in the case of first election of commissioners.

Propose a change

41-7-317. Election; where held; notice to voters; qualifications of voters; recording vote; proxies.

The commissioners of the district shall fix the hour and place, within the boundaries of or at a place convenient to the landowners within the irrigation district, of each election and preside at the same. It shall be the duty of the commissioners, at least twenty (20) days prior to the date of an election, to mail to each person or corporation entitled to vote thereat, at his or its last known place of residence or business, a notice stating the time, place and purpose of such elections. Every person or corporation owning or entitled by virtue of public land filing to the possession of land situated within and being a part of any commissioner district in which an election for commissioner is being held, and upon which land no assessment for operation, maintenance or repairs is delinquent for more than four (4) years, shall be entitled to cast, for the commissioner to be elected, for the commissioner district wherein such land is situated, one (1) vote for each irrigable acre of such land assessed upon the last annual assessment of said district upon or against which land no assessment for operation, maintenance or repairs is delinquent for more than four (4) years. At the hour and place of such election the commissioners shall call the roll of those entitled to vote, and the number of votes each is entitled to cast. They shall make a record of the qualified voters present, receive all proxies and prescribe the manner of canvassing votes. All proxies shall be in writing and signed by the person or corporation entitled to vote.

Propose a change

41-7-318. Election; validity; qualifications of

candidates; vacancies in office; duties of elected commissioners. No person shall be declared elected as a commissioner who shall not be a landowner in said commissioner district and who shall not have received a majority of all votes cast by the qualified voters of said commissioner district. No election shall be invalid by reason of the fact that a majority of the acreage within the district was not represented at such election. Whenever the office of any elected commissioner shall become vacant by reason of death, resignation or other cause, the vacancy shall be filled by the surviving commissioners for the unexpired term. In case such vacancy is not so filled within thirty (30) days, the court shall fill such vacancy. All elected commissioners shall have the same qualifications and duties as herein prescribed for appointed or elected commissioners.

Propose a change

41-7-401. Payment in installments; construction contracts

with United States generally; default in payments as lien; exception; power of commissioners to enforce payment. At the time of the confirmation of any assessment provided for in this article, it shall be competent for the court to order the same to be paid in installments of such amount and at such time as will be convenient for the accomplishment of the purposes for which such assessment was made, and the payment of the principal and interest of such notes or bonds of said district as the court shall grant authority to issue, such installments to become delinquent on the same date or dates as may be fixed by law for state and county taxes to become delinquent, and such installments shall draw interest from the date of any notes or bonds issued by the district and for the payment of which said assessments are pledged at such rates not to exceed seven percent (7%) per annum, as may be fixed by the court; provided, however, that it shall be competent for the court, in case a contract is made between the United States of America and an irrigation district for the construction or sale of irrigation works and water rights, to order the charges to be paid in accordance with the provisions of an act of congress approved December 5, 1924, entitled: "An act making appropriations to supply deficiencies in certain appropriations for the fiscal year ended June 30, 1924, and prior fiscal years; to provide supplemental appropriations for the fiscal year ending June 30, 1925; and for other purposes," and all acts that may be hereafter enacted as amendatory thereof or supplemental thereto, and in such installments as fixed by contract between the district and the United States. The annual levy for payment of construction charges on the basis herein authorized shall continue to be made each year against each tract of land in the district against which benefits under such contract with the United States have been apportioned, until the full amount apportioned against the same has been paid; such installments to become delinquent on the same date or dates as may be fixed by law for state and county taxes to become delinquent and such installments, after they become due, shall draw interest at six percent (6%) per annum. All assessments provided for in this article, together with all interest thereon and all penalties for default in payment of same, and all costs of collecting the same shall, from the date of the order of court confirming such assessments until paid, constitute a perpetual lien in an amount not in excess of the benefits severally assessed, upon all the land and other property against which such assessments shall be levied, superior to all liens of every kind and nature whatsoever except the paramount lien of the state for the general state, county, city, town or school taxes, and no sale of such property to enforce any general state, county, municipal, or school tax, or other lien shall extinguish the perpetual lien of such assessments; and such assessments shall also be a lien upon all equities or interests in existing water appropriations for the irrigation of said lands when the title to said lands is vested in the United States, and when said water appropriations have attached to said lands. The commissioner shall have the power to enforce payment of such assessments, and all assessments by them duly levied and confirmed, by shutting off the supply of water to any and all lands upon which assessments are due and unpaid, and may refuse to deliver water to such lands until such assessments are paid. Any person having an interest in land assessed for construction may at any time within thirty (30) days after the confirmation of said report, pay to the court the amount of the assessment against his land or any tract thereof. Said payment shall relieve said land and water rights from the lien of said assessments for the cost of construction; provided, however, that any district organized within a federal irrigation project for co-operation between such districts and the United States, may contract and agree in connection with the acquisition of irrigation works and water rights and the taking over of the care, operation and control of the same from the United States, that each tract or parcel of land shall pay the charges conformed in the assessments against such tract or parcel of land, and that liability for charges thus assessed may by contract be conformed and limited to the particular tract or parcel of land in question and if so contracted, shall not be imposed as a charge or incumbrance upon other parcels or tracts of land within the district.

Propose a change

41-7-402. Due dates; annual budget of district; hearings

on budget; petition for additional funds; hearings on petition. (a) 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. Commissioners having charge of any irrigation district shall on or before the first Tuesday of June of each year file with the clerk of the court having jurisdiction of such district, a report showing an itemized estimate of the money to be raised by assessment within the district for the purpose of constructing new work, maintenance and to meet the yearly current expenses of the district. In addition to the amount above provided, the commissioners may add a sum which in their judgment shall be sufficient to provide for possible delinquencies. Within thirty (30) days after filing such annual report, at a time and place to be fixed by the court or a judge thereof, the judge shall examine such report, hear all objections thereto, fix and determine the amount to be raised by assessments for the current year and cause such adjudication to be entered of record in said court and a certified copy thereof to be delivered to the commissioners of such district. The commissioners shall add thereto such amount as may be necessary to meet the principal and interest on lawful indebtedness of the district maturing during the current year, together with a sum which in their judgment shall be sufficient to provide for possible delinquencies. When thus completed it shall be known as "the budget of .... district for the year (year)" and also be verified under oath by any one (1) of the commissioners. The amount to be raised under this subsection may also include an amount for major maintenance projects for any aging irrigation infrastructure project. All amounts assessed for major maintenance projects shall be held in a separate major maintenance account and shall be pooled until the amount in the account is sufficient to provide funding for the major maintenance project. Funds in the major maintenance account may be invested with the state treasurer in local government investment pools. (b) The commissioners of any irrigation district within the state of Wyoming are hereby forbidden to incur any indebtedness for current expenses of the district in excess of the amount provided in the budget. Provided, however, in case a greater sum than that provided in the budget is required, the commissioners may file a petition setting forth the causes therefor, with the clerk of the court having jurisdiction of said district. Immediately upon the filing of said petition the court shall make an order fixing the time and place of hearing and directing the form and manner of notice thereof to be given if the court deem such hearing advisable. If the court shall authorize the expenditure of a greater sum of money the commissioners shall be authorized to incur indebtedness equal to the amount of the additional sum authorized by the court, and in case the expenditure occurs at a time when it is too late to place the amount upon the assessment roll for the current year such amounts may be added to the budget of ensuing years. All debts contracted in contravention of this section shall be void.

Propose a change

41-7-403. Preparation of assessment roll; contents; how

apportioned; certification by county commissioners; delivery to county assessors. It shall be the duty of the commissioners of each irrigation district, on or before the third Monday in July in each year to prepare an assessment roll of said district, which shall contain the name of the owner, together with a description of each lot, tract and easement of land within said district and the aggregate assessments of benefits confirmed by the court against the same; the name of all corporations assessed together with the aggregate assessment levied against such corporations respectively. The assessment roll shall also show the amount assessed against each lot, tract and easement of land, and against each corporation in the district, for current expense and to meet the principal and interest on the indebtedness of the district for the current year. All such assessments to meet the principal and interest on the indebtedness of the district for the current year, shall be apportioned on the aggregate assessment of benefits last confirmed by the court. All such assessments for current expenses shall be based upon irrigable acreage and shall be uniform as to irrigable lands receiving the maximum apportionment of water from said district, and as to irrigable lands receiving less than such maximum apportionment such assessment shall bear the same proportion as the amount of water apportioned to such lands bears to the maximum apportionment of water to other lands in such district. Provided however, that the commissioners of any irrigation district may, in their discretion, provide for a minimum annual assessment for current expense. When such assessment roll is completed it shall be signed by the commissioners of said district, and verified by any one (1) of them. On or before the third Monday in July of each year the commissioners of the irrigation district shall deliver to the county commissioners of the county having jurisdiction of such irrigation district the assessment roll of such district. The county commissioners of said county, immediately upon the receipt of the assessment roll of such district and at the time of making the requisite tax levy for county purposes, shall levy and assess against each lot, tract and easement of land and against each corporation, the respective amounts levied and assessed against the same on said assessment roll. Thereupon the county commissioners shall certify to and deliver said assessment roll to the county assessor of such county, and in case the territory embraced in such district is located in two (2) or more counties a copy of the assessment roll as certified to by the county commissioners of the county having jurisdiction of such district shall be delivered to the assessor of each county in which any of the land of the district is located. Upon receipt of such assessment roll the assessors of the counties embracing any of the lands of such district, shall extend upon the tax roll of such county the respective amounts levied and assessed against each lot, tract and easement of land, and against each corporation as shown by said assessment roll of said districts.

Propose a change

41-7-404. Collection; disposition; enforcement.

(a) All irrigation district assessments, except as provided by W.S. 41-7-413, 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 interest, penalty and costs thereon, as are collected upon assessments levied for the payment of principal and interest of bonded indebtedness of said district; which funds shall be retained by the county treasurer of the county in which such district is organized, and the principal and interest of all bonded indebtedness of such district shall be paid by such county treasurer from such fund at the place of payment designated in said bonds and interest coupons; provided, that when all bonded indebtedness of any irrigation district is fully paid and retired such funds remaining in the hands of the county treasurer shall be paid to the treasurer of such district, for the benefit of the district; provided, however, the county treasurer, in case of taxes heretofore or hereafter levied, as herein provided, shall receive, in payment of the district bond taxes above mentioned for the year in which said taxes were levied, interest coupons or bonds of said irrigation district, maturing within said year the same as so much lawful money of the United States. Provided, however, that in the case of the nonpayment of any taxes which have heretofore or may hereafter be levied, as above provided, the board of county commissioners, upon application made, shall have the power and it shall be the duty, upon written request of the board of such irrigation district, to order the said treasurer to receive in full payment of the bond fund portion of said taxes the principal amount of said tax levies, payable in bonds or bond interest coupons of said irrigation district at their face value, and maturing within the year in which said tax levies were made, as so much lawful money of the United States and in full payment of the maintenance, operating and current expense portion of any such taxes, such an amount, payable in cash or in warrants of said irrigation district at their face value, as the board of said irrigation district may authorize or approve, and to direct the cancellation and remission of all penalties and interests on such delinquent taxes, except, however, that the cost of any advertising shall be paid in cash. And provided further, that in case of any tax sales heretofore had for the nonpayment of any such taxes, the tax sale certificates of which are held by the county, the board of county commissioners of the county holding such tax sale certificates shall have the power, and it shall be its duty upon the written request of the board of such irrigation district, to sell and assign such tax sale certificates and all its interest in said property represented thereby or acquired therethrough, for the amount of the original tax levy on which said sale was based, and to receive in payment therefor for the bond fund portion thereof, bonds or interest coupons of said irrigation district at the face value thereof maturing within the year in which said tax levies were made, as so much lawful money of the United States, and for the maintenance, operating and current expense portion thereof, such an amount in cash or in warrants of said irrigation district at their face value as the board of said irrigation district may authorize or approve; and to cancel and remit all interest and penalties that may have accrued on said tax certificates, except that the cost of advertising shall be paid in cash. Any bonds, bond interest coupons or warrants of any such irrigation district used in payment of taxes or in the purchase of tax sale certificates, as herein provided, shall together with any interest on such bonds, coupons or warrants, be deemed fully paid and satisfied, and the irrigation district relieved from all obligations thereunder. The commissioners of any irrigation district may elect the treasurer of the county having jurisdiction of such district, treasurer of such district. (b) The revenue laws of this state for the collecting of taxes on real estate for county purpose, except as herein modified, shall be applicable for the purposes of this act, including the payment of interest and enforcement of penalties and forfeitures for delinquent taxes; all penalties and interest on assessments of an irrigation district collected by the county treasurer shall be the property of such district, and shall be turned into the bond interest fund, and all interest and penalties collected on assessments of such district levied for purposes other than bonded indebtedness shall be paid to the treasurer of the district levying such assessment; such payments to be made on or before the fifth day of the month following the date of such collection. In advertising property for sale for delinquent taxes the county treasurer shall show in a separate column in such advertisement the amount of unpaid assessments levied against each lot, tract and easement of land in said district. The county treasurer of any county in which any portion of the land of any irrigation district is located, and at the time of advertising real property for sale for state and county taxes shall include in such advertisement the amount of delinquent irrigation district assessments against each lot, tract or easement of land. At the time and place of sale of real property for state and county taxes the county treasurer shall also separately sell the land for delinquent irrigation district assessments and shall issue separate certificates of sale therefor. In offering such real estate for sale for irrigation district assessments, the county treasurer shall offer the entire tract assessed, and the first bid received in an amount sufficient to pay such assessment, together with interest, penalty and costs, shall be accepted and the treasurer shall not attempt to secure a higher bid. In case no purchaser appears to purchase the land offered for sale for such delinquent assessments the county treasurer shall make an entry on his delinquent tax roll "sold to .... District of .... County, Wyoming", and shall issue a certificate of purchase to such district. The owner of any tract, lot or easement of land in an irrigation district shall have the right to redeem the said land at any time within eighteen (18) months from the date of sale thereof by the county treasurer, as shown on said certificate by paying therefor the amount for which said land was sold by the county treasurer, together with such penalties and interest as may be provided by law relative to sales of land for delinquent state and county taxes, and in case the owner of any lot, tract or easement of land in any district shall fail to redeem said land from said sale for such assessment, the county treasurer shall issue a deed therefor to the purchaser at said sale, his heirs or assigns. The irrigation district purchasing such land at said tax sale shall have all the rights of natural persons in regard to owning, holding and selling such certificate and including the receipt of a deed, holding the title to real estate and selling and disposing of the same. The commissioners shall in no case sell said land or certificate of purchase for an amount less than the amount for which said land was sold to said district, including interest thereon, unless authorized so to do by the court. The procedure for the issuing of tax deed, including the form of the deed, time of publication and service of notice of intention to apply for deed, shall be the same as is now or may hereafter be provided by law for the issuances of tax deeds by the county treasurer upon the sale of land for state and county taxes, except as herein modified.

Propose a change

41-7-405. Additional assessments generally.

If any assessment for construction, operation, maintenance or repair that the commissioners shall have reported to the court is a smaller sum than is needed to carry out the purpose for which said assessment has been made, or if in any year an additional sum is necessary to pay the principal or interest on lawful indebtedness of the said irrigation district, further or additional assessments on the lands and persons benefited shall be made by the commissioners of said irrigation district under the order of the court, or presiding judge thereof, upon such notice as the court may direct, which further or additional assessment may be made payable in installments as specified herein, and shall be treated and collected in the same manner as the original assessments confirmed by the court in said irrigation district.

Propose a change

41-7-406. Omissions; effect on other lands; duty of commissioner.

Omission to assess benefits, or to assess for construction, or to make additional assessment, or to make assessment for operation, maintenance or repairs against any land or person which should have been assessed, or to award damages to any one (1) or more tracts of lands or easements in an irrigation district shall neither affect the jurisdiction of the court to confirm the report nor to render the benefits assessed, or the assessments for construction, or additional assessments, or assessments for operation, maintenance, or repairs against other lands, or assessments against any person voidable, but the commissioners of said irrigation district shall thereafter, as soon as they discover the omission, or receive notice thereof, either agree with the omitted parties upon the proper award or assessments and award the damages or make such assessment of benefits or assessments for construction, operation, maintenance or repair, and make such additional assessments against the omitted lands and corporations, and award such damages as shall be just, and report the facts, together with such assessments and awards, to the court.

Propose a change

41-7-407. Omissions; procedures generally.

In case of omission to assess any person or land that should be assessed for benefits, or additional assessment, or to award damages, said omitted party and the owners or person entitled to the possession of omitted land may, in writing, agree with the commissioners of said district that the assessment should be against said land, or against said person, or what said damage should be, and such agreement shall be acknowledged and witnessed as provided above for waivers, and be filed in the court.

Propose a change

41-7-408. Borrowing money; bonds as security; indebtedness as lien on assessments.

The commissioners may borrow money, not exceeding the amount of "assessment for construction," as herein provided, unpaid at the time of borrowing for such purposes, or for the payment of indebtedness they may have lawfully incurred, and may secure the same by notes or bonds bearing interest and not running beyond one (1) year after the last installment of the assessment, on the account of which the money is borrowed, shall fall due, which notes or bonds shall not be sold at less than ninety percent (90%) of their face value, which bonds shall be transferable by delivery to the same extent as negotiable paper of the highest character, and may deliver notes or bonds to the United States to be held and when deemed desirable or when the appraised value of the land in the district is double the bonded indebtedness, sold by it, and the net proceeds received from the notes or bonds applied to the liquidation of contract indebtedness of the district to the United States. Notes or bonds shall be in a form, terms and denominations as may be fixed by the secretary of the interior in carrying out the provisions of the act of congress of June 17, 1902 (32 Stat. 388) and all acts amendatory thereof or supplementary thereto, or that may be hereafter enacted as amendatory thereof or supplementary thereto, or other acts of congress heretofore or hereafter enacted providing for or permitting the acceptance of the bonds, and which notes or bonds shall not be held to make the commissioners personally liable, but constitute a lien upon the assessments for the repayment of the principal and interest of the notes or bonds. In case any monies derived from bonds sold to pay for the construction, as herein provided, now or hereafter, remains on hand after the work is completed and paid for, and not raised for damages unpaid for, the residue may be used in the maintenance and repair, as in this chapter provided, before making assessment for maintenance and repair.

Propose a change

41-7-409. Bonds; refunding procedures.

The court may, upon the petition of the commissioners, authorize them to refund a 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 as they come due or before, if the holders thereof will surrender the same, and issue in lieu thereof new notes or bonds of the district, payable in a time as the court deems proper, in an amount sufficient to retire all notes and bonds of the district then outstanding and the unpaid accrued interest thereon, together with an amount as the commissioners of the district deem necessary to provide for possible future defaults and delinquencies in the payment of assessments, and bearing interest. For the purpose of providing funds to pay the refunding bonds with interest thereon, the commissioners may levy assessments against the land in the district, but not in excess of the benefits assessed. In the alternative the commissioners may issue refunding bonds in an amount sufficient only to retire all notes and bonds of the district then outstanding and the unpaid accrued interest thereon, and may, if they desire to provide a fund to provide for possible defaults and delinquencies in the payment of assessments, levy from year to year assessments against the land in the district for such purposes, but not in excess of the benefits assessed against the same.

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41-7-410. Bonds; effect of change in assessments.

No bonds or other money obligations issued by any irrigation district shall be adversely affected by any subsequent change in assessment of benefits.

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41-7-411. Damages to landowners to be paid before entry

for construction; exceptions; when entry prior to assessment authorized. 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 reservoirs, canals, ditches, or other work proposed thereon. If the owner is unknown or there shall be a contest in regard to the ownership of the lands, or the owner will not receive payment, or there exists a mortgage or other lien against the same, or the commissioners cannot for any other reason pay him, they may deposit the said damages with the clerk of the court, for the benefit of the owner, or parties interested, to be paid or distributed as the court shall direct, and such payment shall have the same effect as the tender to and acceptance of the damages awarded by the true owners of the land. This section shall not, however, prevent said commissioners, their agents, servants, and employees from going upon said lands to do any and all work found necessary prior to making their assessment of benefits and award of damages, and the trial on their report thereof.

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41-7-412. Advertisement for bids.

In all cases where the work to be done at any one (1) time under the direction of the commissioners will, in their opinion, cost to exceed seventy-five thousand dollars ($75,000.00), the same shall be let to the lowest responsible bidder, and the commissioner shall advertise for sealed bids, by notice published in some newspaper published in the county in which the petition is filed, and may advertise in one (1) or more newspapers published elsewhere. If there be no newspaper published in the county in which the petition is filed, they shall advertise in some newspaper published in an adjoining county, which said notice shall particularly set forth the time and place when and where the bids advertised will be opened, the kind of work to be let and the terms of payment. Said commissioners may continue the letting from time to time, if in their judgment the same shall be necessary, and shall reserve the right to reject any and all bids. This section shall not be construed to apply to the employment of superintendent, engineer, attorney or other employee engaged in the general work of the district.

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41-7-413. Application of provisions; districts organized under federal reclamation projects.

The provisions of this article, relative to the levy and collection of payments, charges or assessments in irrigation districts shall not apply to any district which may be organized within a federal reclamation project for the purpose of cooperation between such district and the United States; provided, a different method for the levy and collection of payments, charges or assessments be agreed upon between such district and the United States; and they shall apply only with the modifications hereinafter set forth to an irrigation district which may have been organized within a federal reclamation project when the board of commissioners of such irrigation district by unanimous vote decide to make collection of their taxes or assessments through their own treasurer's office. Whenever the board of commissioners of an irrigation district, organized within a United States reclamation project by unanimous vote of said board decide to make collection of their taxes and assessments through their own office, they shall certify their action to the board of county commissioners of each county in which their district is situated, by a written certificate, which shall be over the signatures of its president and secretary. Such certificate shall be filed in the office of the county clerk of such county not later than July first of the year in which the change of place of payment is desired to be effective and thereafter all taxes or assessments levied or assessed for such district shall be collected by, and payable to the treasurer of the irrigation district, at the office designated by such district at the time and in the manner now fixed by statute. When a certificate is filed as hereinbefore provided, then and thereafter the county commissioners of the county having jurisdiction of such irrigation district shall not be required to certify and deliver said assessment roll to the county assessor of such county or counties as otherwise provided by law, but shall certify and deliver said assessment roll to the treasurer of said district who shall act in lieu of and in place of the county treasurer in sending notices and collecting and receipting for such taxes or assessments. It shall be the duty of the treasurer of any irrigation district, following the method provided herein for collection of taxes or assessments to certify to the county treasurer of the county in which the land is situated the amount of any delinquent taxes or assessments on or before the 25th of May of each and every year and the county treasurer shall enter the same upon his delinquent tax list and make sale thereof as now provided by law. Any district which may or shall choose to make collection of its taxes or assessments as provided herein may revert back to the method of collection through the county treasurer's office by filing with the county clerk of the county or counties within which such district is located, a certificate showing the desire of a majority of its board of commissioners to change. Thereupon beginning with the first of July of the year in which the change is desired to be made, all the requirements of collection through the county treasurer's office shall be complied with.

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41-7-414. When assessments to be judgments against land; manner of collection.

Each and every sum assessed in any irrigation district organized in the manner herein provided, as soon as such assessment is confirmed by the court, shall be and is declared to be a judgment of the district court in favor of said irrigation district and against the land so assessed, and unless some other method of collection is herein provided, shall be collected in the same manner as any other money judgment, provided, that whenever said assessment is a lien upon land it shall only be collected on said land on which it is a lien.

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41-7-415. Order approving contract deemed conclusive; appeals.

The order confirming the assessments of benefits shall be conclusive as to the regularity of all proceedings relating to the assessments of benefits unless appealed from within thirty (30) days after the entry of such order.

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41-7-501. Warrants for expense of survey authorized.

The duly appointed, qualified and acting commissioners of an irrigation district, having complied with the provisions of W.S. 41-7-302, are hereby authorized to issue warrants of said district bearing interest at the rate of six percent (6%) per annum up to the amount set by the judge of the district court of the judicial district wherein such district was organized for the purpose of making the surveys necessary to present their first report as provided in W.S. 41-7-305, and to defray other necessary expenses of the district, prior to the said first report and the assessment of benefits, upon complying with the procedure set out hereinafter.

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41-7-502. Petition for authority to issue warrants; notice of hearing; objections.

Whenever the commissioners of an irrigation district, after their appointment and qualification, shall wish to avail themselves of the provisions of W.S. 41-7-501, they shall file in the district court wherein such district was organized, a petition for authority to issue interest-bearing warrants, setting out the necessity for such issuance, the amounts of warrants to be issued and the purpose thereof; the judge of said court shall thereupon, by order, set a date for hearing said petition and notice of such hearing, setting out briefly the purpose thereof, shall be published for one (1) consecutive week in a newspaper of general circulation in the county wherein the district or the greater portion thereof is situate, the last publication of said notice shall be at least ten (10) days prior to the date set for said hearing and any protests or objections to the said petition must be in writing, setting out the grounds of such protest or objection, signed and verified by the protestant or objector, and filed in the proceeding at least five (5) days prior to the date set for said hearing.

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41-7-503. Petition for authority to issue warrants; hearing generally; decree generally; appeal.

Upon the date set for the hearing of said petition, the judge shall hear evidence in support thereof and in support of any protests or objections properly filed and shall hear and determine all proper issues presented by said petition and any protests or objections which there may be and the judge shall enter his order in accord with such evidence; if, in the discretion of the court the petition should be granted he shall make his order authorizing the issuance of such interest-bearing warrants, setting the amount of such warrants which may be issued and the purpose for which such warrants may be used; such order will become final and conclusive unless appealed from within thirty (30) days of the date of its entry.

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41-7-504. Effect of decree; reference to be made on warrants.

Said order shall be the authority of the said commissioners and reference shall be made thereto on all warrants issued showing the amount so authorized and the total issued to the time thereof.

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41-7-505. Assessment roll when assessments not yet approved or confirmed; equalization of assessments; levy.

It shall be the duty of the commissioners of each irrigation district in which an assessment for benefits and construction has not theretofore been approved or confirmed by the court to prepare an assessment roll of said district which shall contain the name of the owner, together with a description of each tract, lot and easement of land within said district, together with the aggregate assessment levied or assessed against each lot, tract and easement of land therein. All such assessments to meet the authorized expenditures of said district shall be apportioned among the various landowners owning lands within said irrigation district in such manner that each irrigable acre of land, as returned for assessment purposes by the county assessor, and as thereafter amended or confirmed by the county board of equalization, shall bear an equal part or portion of the total of said assessments as its assessed irrigable area, as returned by the county assessor, bears to the total irrigable area of land, returned by the county assessor, within said irrigation district. Such assessment roll of the district shall be signed by the commissioners thereof and verified by any one (1) of them. On or before the fourth Monday in May of each year the commissioners of any such irrigation district shall deliver to the county commissioners of the county having jurisdiction of such irrigation district, the assessment roll of said district by filing the same in the office of the proper county clerk. The county commissioners of said county, acting as a board of equalization shall proceed to hear any and all complaints or objections thereto and correct, equalize and complete the same in such manner that said assessments listed in said assessment roll shall be equitably and ratably apportioned equally among the various irrigable lands included within said irrigation district. At the time of making the requisite tax levy for county purposes, the county commissioners of said county shall levy and assess against each tract, lot and easement of land, the respective amounts levied and assessed against the same upon said assessment roll as revised and corrected by them. Thereupon the county commissioners shall certify to and deliver said assessment roll to the county assessor of said county and in case the territory embraced in said district is located in two (2) or more counties, separate assessment rolls and proceedings shall be had and taken in each separate county, as required herein, but the assessment rate per irrigable acre as determined by the county commissioners having jurisdiction in the county in which the court proceedings are handled for said district shall be the rate per irrigable acre used by the county commissioners in all other counties in said district. Upon receipt of said assessment roll, the assessor of the county embracing any of the lands of said district shall extend upon the tax rolls of such county, the respective amounts levied against each lot, tract and easement of land as shown by said assessment roll of said district.

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41-7-601. Inclusion of provisions for maintenance and reclamation of injured lands; costs.

The board of commissioners of any irrigation district, in contracting with the United States for the construction, operation and maintenance of its necessary works for the delivery and distribution of water therefrom under the provisions of the federal reclamation act and acts amendatory thereto and supplementary thereof, and the rules and regulations established thereunder, may include in said contract with the United States, a provision or provisions for the construction, operation and maintenance of any necessary drainage works which they may reasonably contemplate to be necessary for the reclamation and drainage of lands of the district affected injuriously by the seepage or percolation of waters from the irrigation works of the district or from the highlands in the district irrigated or to be irrigated, and said commissioners shall include the costs of such drainage in the "cost of construction" as defined by W.S. 41-7-305.

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41-7-602. Petition for contract and assessments; hearings generally.

Whenever any contract between the United States and an irrigation district so provides, the assessment or assessments for benefits and construction against the individual tracts of land in the district, as now required under W.S. 41-7-401, may be dispensed with, and in such case the board of commissioners of the district, at any time, or after an election as provided by law has resulted in the approval of such contract, may file in the district court of the county embracing the largest acreage of the district, a petition praying in effect, that the contract and the proceedings leading up to the execution of same and the assessment for benefits and construction as requested therein may be examined, approved and confirmed by the court. The petition shall state generally that the irrigation district was duly authorized, that due and lawful proceedings were taken to execute a contract with the United States which incurred a district indebtedness for construction charges to the United States in a maximum amount to be stated, and that the assessments to be levied against the individual tracts of land under the contract do not exceed the benefits to accrue to such tracts of land, respectively, by reason of such contract. The court shall, upon presentation of such a petition, fix a time for the hearing of said petition and shall order the clerk of the court to give and publish notice of the filing of the said petition, and of the time and place fixed for the hearing thereon. The notice of such hearing shall be published three (3) consecutive weeks in a newspaper of general circulation in each county in which such district is located and shall state the time and place fixed for the hearing of the petition, the prayer thereof, and that any person interested in the subject matter of the petition may, on or before three (3) days prior to the day fixed for the hearing thereof, answer or otherwise plead thereto, and no other notice shall be required to be given of the time and place of the hearing thereon. Upon the hearing on such proceedings, the court shall disregard every error, irregularity, or omission which does not affect the substantial rights of any party, and the court may make an order confirming and approving the proceedings taken to ratify and confirm such contract and the assessments for benefits and construction as required therein. The costs of the proceedings may be allowed and apportioned among the parties thereto in the discretion of the court.

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41-7-603. Order approving contract deemed conclusive; appeal.

The order confirming and approving the proceedings taken to ratify and confirm such contract and the assessment for benefits and construction as provided therein, shall be conclusive as to the regularity of all proceedings relating thereto, unless appealed from within thirty (30) days after the entry of such order.

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41-7-701. Irrigation districts may undertake power projects.

Any irrigation district heretofore organized and existing under and by virtue of the provisions of chapter 2, Session Laws of Wyoming, Special Session, 1920, as amended, codified and compiled in W.S. 41-7-101 through 41-7-603 [§§41-7-101 through 41-7-415], as now amended, is hereby authorized and given the power to provide for the construction, building and development of suitable works and structures, and to purchase, extend, enlarge, operate and maintain constructed works and structures suitable for the operation, maintenance, development and distribution of hydroelectric energy and power.

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41-7-702. Resolution of commissioners.

Whenever the commissioners of any duly organized and existing irrigation district, heretofore or hereafter organized under the laws of the state of Wyoming, shall determine by a majority vote thereof that it is and would be beneficial and for the best interest of the landowners and entrymen therein that the development and distribution of hydroelectric energy and power is feasible, necessary and required for the complete and full construction and building of appropriate irrigation works necessary and required for the improvement of the water supply for the landowners and entrymen therein, they may adopt and approve an appropriate resolution stating their determination thereof.

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41-7-703. Report made to district court.

Upon the adoption of such a resolution, the said commissioners shall file an appropriate report with the district court of the county having jurisdiction of said irrigation district proceeding of the same nature and kind as provided in W.S. 41-7-305 through 41-7-307, for the construction of irrigation works.

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41-7-704. Hearing on objections to report.

Upon the filing of the said report, the court or judge thereof shall make an order fixing the time and place when and where all persons interested may appear and object to the confirmation thereof and all of the provisions of W.S. 41-7-308 through 41-7-314, shall be followed and be applicable thereto.

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41-7-705. Notices; how given and served.

All required notices shall be given and served in the same manner as provided in the said Irrigation District Law of the state of Wyoming.

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41-7-706. Notices; contents.

Such notice shall show the court in which said petition is filed, give a general description of the proposed works, state the time and place fixed by the court when and where the hearing on said petition will be had, and it shall require all persons interested to appear at the time and place therein stated, then and there to show cause if any they have, why said irrigation district should not proceed with plans and specifications for the construction or purchase as need be of the incidental necessary and required works for the development, distribution and sale of hydroelectric energy and power.

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41-7-707. Order of court authorizing project; procedure commissioners to follow.

If the court at the hearing so petitioned for, noticed and held shall decide the issues in favor of the petitioners the court shall enter an order approving and confirming the petition and authorize the commissioners of said district to proceed as provided in the irrigation district laws of the state of Wyoming, and in particular as provided in W.S. 41-7-305 through 41-7-315, and the amendments thereof, to make investigations, surveys and lay out said proposed work, to make maps, plans and profiles and other specifications thereof and to negotiate for the purchase of needed works and equipment as is required and report their findings to the court for a hearing thereon which said plans, proposals, etc. shall be subject to change and amendments as might be beneficial and as provided in said irrigation district laws of the state of Wyoming.

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41-7-708. Approved project may proceed as incident to existing system; disposition of excess energy.

After the approval of the court the board of commissioners of said irrigation district shall be authorized to proceed with the construction, acquisition or purchase of all works and equipment required to provide for the generation, distribution and sale of hydroelectric energy and power as an incident to its existing or proposed water storage and distribution system and that it shall have the power to sell, distribute or otherwise dispose of hydroelectric energy not necessary for the uses and purposes of the district.

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41-7-709. Determination and apportionment of cost of power portion of project.

That if any project or amended project includes plans for the generation of electric energy and power, the board of commissioners shall ascertain the total cost of all of the property and works which are necessary to be used in connection with the generation, sale and distribution of electric energy and power as set forth in the plans of the district, and shall also ascertain what portion of the assessment of benefit to accrue to each tract or parcel of land embraced or to be included within said irrigation district consists of the properties and works which are necessary and required to be so used.

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41-7-710. Costs of irrigation works and power project separately apportioned.

It shall be the duty of the board of commissioners to apportion the respective costs of irrigation works as distinguished from the property and works required and necessary for the generation, distribution and sale of electrical energy and power to each of said units of construction.

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41-7-711. Assessments for power project to be determined; reported to court.

The commissioners shall likewise determine the portion of assessments, if any, which is attributable to the cost of the properties and works which are necessary to be used in connection with the generation, distribution and sale of electric energy and power and the same shall be reported to and be one (1) of the items for determination and confirmation of the court.

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41-7-712. Determination of rate of assessment.

The commissioners shall also determine the rate per acre of the assessment upon each tract or parcel of land assessed, for the costs of construction or acquisition of the properties and works which are necessary to be used in connection with the generation of electric energy or power, and if no assessment of such costs is made upon any tract or parcel a statement of that fact shall be made.

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