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 Repealed By Laws 2005, ch. 8, § 1.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 Repealed By Laws 2005, ch. 8, § 1.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 Repealed By Laws 2005, ch. 8, § 1.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 Repealed By Laws 1999, ch. 149, § 1.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 Repealed By Laws 1999, ch. 149, § 1.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 Repealed By Laws 1999, ch. 149, § 1.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 Repealed By Laws 1999, ch. 149, § 1.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 Repealed By Laws 1999, ch. 149, § 1.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 Repealed By Laws 1999, ch. 149, § 1.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

41-9-213. Contents; assessment of damages.

The commissioners shall report what lands within the district will be injured by the proposed work, if any, and they shall therein award to each tract, lot, easement or interest by whomsoever held, the amount of damages which they shall determine will be caused to the same by the proposed work.

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41-9-214. Contents; assessment of benefits.

The commissioners shall report what lands within the district will be benefited by the proposed work and they shall assess against each tract, lot and easement by whomever held the amount of benefits which they determine will be caused to the same by the proposed work. The benefits so assessed are herein referred to as "assessment of benefits".

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41-9-215. Contents; cost of construction.

The commissioners shall also determine and report to the court the total amount, as near as they can determine, what said proposed work will cost, which cost shall include all incidental expenses, the reasonable cost of organizing said district, the costs of proceeding, and all probable damage to lands, both within and without the district, together with a reasonable sum for attorney fees for the petitioners, and such sum as the commissioners may deem necessary to provide for possible defaults and delinquencies in payment of assessments, which cost will hereinafter be referred to as "cost of construction".

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41-9-216. Contents; assessments upon particular tracts, lots and corporations.

If the cost of construction of any particular part of the work so proposed to be done should be assessed upon any particular tract or tracts, lot or lots of land, or upon any corporation or corporations, the commissioners shall so specify, and in their report shall fix and determine the sums which should be assessed against said tracts, lots and corporations, and assess such sum against said tracts, lots and corporations.

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41-9-217. Contents; assessments for construction generally.

They shall apportion and assess the part of this "cost of construction," not assessed as above, against the several benefited tracts, lots and easements in said drainage district, in proportion to the benefits which they have assessed against the same, by setting down opposite each tract, lot or easement, the sum which they assess against the same for construction. The assessments which together make up the cost of construction, as above defined, are herein referred to as "assessments for construction".

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41-9-218. Contents; special benefits to corporations.

(a) If any corporation would, in the judgment of said commissioners, derive special benefits from the whole or any part of such proposed work, the commissioners shall so report and assess those benefits, and assess against the same its proportionate share of the costs of said proposed work. The word "corporation" wherever in this act contained, shall be construed to include: (i) Railroad companies; (ii) Other private corporations of all kinds; (iii) Towns; (iv) Cities; (v) Villages; and (vi) Other drainage districts.

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41-9-219. Contents; costs of repairs.

The commissioners shall further report to the court the probable cost of keeping said proposed work in repair after it is completed.

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41-9-220. Contents; maps and plans.

They shall include in their said report, said map, plans and other specifications, and file the same with their report.

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41-9-221. Commissioners not to be confined to plans in petition.

The commissioners shall not be confined to the points of commencement, routes or termini of the drains or ditches, or the number, extent or size of the same, or the location, plan or extent of any levee, ditch or other work, as proposed by the petitioners, but shall locate, design, lay out and plan the same in such manner as to them shall seem best, to promote the public health or welfare, and to drain, or to protect the lands of the parties interested with the least damage and the greatest benefit to all lands affected thereby. And any plan proposed by the commissioners, may, on the application of any person interested, on the hearing hereinafter provided for, or on the application of the commissioners, be altered by the court, by written order, in such manner as shall appear to the court to be just.

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41-9-222. Changing boundaries upon application to court; filing of report.

If the commissioners find that the proposed district, as described in the petition filed, will not embrace all of the lands that will be benefited by the proposed work, or that it will include lands that will not be benefited and are not necessary to be included in said district for any purpose, they shall extend or contract the boundaries of the proposed district so as to include or exclude all such lands, as the case may be; and the boundaries adopted and reported by them, may, upon the hearing of their report, as hereinafter provided, upon their application, or that of any person interested, be altered by the court in such manner as shall appear to be just; provided, that the alteration of boundaries as aforesaid shall not have the effect of so far enlarging or contracting the proposed district as to render such petition void or dismissible. Said report shall be filed with the clerk of the court.

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41-9-223. Notice of hearings on report; contents; order for hearing.

Upon the filing of said report, the court shall make and enter an order fixing the time and place when and where all persons interested may appear and remonstrate against the confirmation thereof, and the clerk of said court shall cause notice of the time and place of such hearing to be given to all parties interested, which notice shall contain a brief description of the lands benefited and damaged, together with the net damage awarded to the several tracts, parcels, easements and corporations to which damages are awarded, and the sum in each case assessed for construction against said several benefited parcels, tracts, easements and corporations.

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41-9-224. Notice of hearings on report; publication and service generally.

Said notice shall be published for at least three (3) successive weeks, prior to the day set for the hearing in one (1) newspaper published in each county in which said lands, or any part thereof within said district are situate (and if no newspaper is published in said county, in some newspaper in an adjoining county), and by serving a copy of such notice on each of the persons or corporations, by said report recommended to be assessed, or whose lands are by said report recommended to be included in said district, and who resides in any of the counties out of which the proposed district is formed, at least twenty (20) days before the day of hearing in the same manner that a summons is required to be served; provided, absence from the county of such person or corporation shall excuse personal service, whereupon due publication of such notice shall be sufficient service.

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41-9-225. Notice of hearings on report; when land situated in several counties.

In case the lands are situated in more than one (1) county the notice published in the county wherein the court having jurisdiction is situated shall contain a description of all the lands in said proposed district, the damages awarded to the several parcels thereof and amounts assessed for construction against the several parcels thereof, but the notice published in any other county or counties may contain a description of only the lands situate in said county for which said publication is made, together with the damages awarded to and assessments for construction against the several tracts, parcels, easements and interests situate in said county for which publication is made.

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41-9-226. Notice of hearings on report; effect of personal service.

In case of service of said notice personally, or the acceptance and waiver thereof on all the owners of the lands within the district, said service shall be sufficient and give the court jurisdiction without said publication.

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41-9-227. Hearings; modification of report generally.

If the court finds that the report requires modification the same may by order of the court be referred back to the commissioners, who may be required to modify it in any respect.

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41-9-228. Hearings; confirmation order generally; appeal.

If there be no remonstrance, or if the finding be in favor of the validity of the proceedings, or after the report shall have been modified to conform to the findings, the court shall confirm the report and the order of confirmation shall be final and conclusive, the proposed work shall be established and authorized, and the proposed assessments approved and confirmed unless within thirty (30) days an appeal be taken to the supreme court, the said order of confirmation shall also fix the commissioners' bond.

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41-9-229. Hearings; modification of combination order.

Said order of confirmation may, at the same or at any subsequent term of said court, be revised, modified or changed, in whole or in part, on petition of the commissioners, after such notice as the court may require, to parties adversely interested.

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41-9-230. Hearings; supplemental report; amending original report.

At any time prior to making the order confirming said report or thereafter the court may permit the commissioners to present and file a supplemental report, or amend their report, as to any matter which, pursuant to the provisions hereof, was or might have been included in the original report presented by them, and after reasonable notice given to all parties interested, in such manner as the court shall direct, the court may, upon the hearing in said matter make such order as the case may require.

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41-9-231. Judgment; entry when petition on proceedings dismissed.

(a) In case the petition or proceedings are dismissed as provided in W.S. 41-9-132, a judgment shall be entered against the petitioners and in favor of the commissioners for the costs, expenses, and liabilities incurred in said proceedings, but for the benefit of those who have rendered services or advanced money in the prosecution of said proceedings, or have recovered costs on successful contests therein. (b) In case the proceedings are dismissed at any time, or the district is discontinued for any cause subsequent to the time provided in W.S. 41-9-132, a judgment shall be entered against the owners of all the lands then within the boundaries of said drainage district and in favor of the commissioners for all costs, expenses and liabilities incurred in said proceedings up to and including the time of said dismissal or said discontinuance, but for the benefit of those who have rendered service, or advanced money in connection with said drainage district, or have recovered costs on successful contests herein.

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41-9-232. Judgment; filing of statement of costs; hearing.

Before any judgment is entered, said commissioners shall file with the clerk of the district court, in which said proceedings were instituted, an itemized statement of such costs and expenses, duly verified, upon which an order shall issue, requiring said petitioners to show cause before said court, at a time and place named, why judgment should not be entered against said petitioners for the amount of said costs and expenses. Notice of the hearing on said order to show cause, shall be given to said petitioners, by mailing to each a copy thereof, to their last known post-office address, at least twenty (20) days prior to the time set for hearing, and by publication of the same in one (1) or more newspapers, published in the county, where the proceedings are pending, at least three (3) successive weeks prior to the day set for such hearing. Said notice need not contain an itemized statement of said account.

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41-9-233. Judgment; contributions for payment prorated.

All petitioners shall, among themselves, contribute in the payment of said judgment, in proportion to the number of acres of land they have within the boundaries of the proposed district at the time of the filing of said petition. Division 3. Assessments Generally

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41-9-240. Payment generally; unpaid assessments as liens; duty of clerk of court; state lands.

Unless otherwise provided by said order, such assessment shall be payable at once; and from the time of the entry of said order, assessments for construction of new work and additional assessments and interest thereon, shall be a lien upon the lands assessed, until paid. Any owner of land, or any corporation assessed for construction, may at any time within thirty (30) days after the confirmation of said report, pay into court, the amount of the assessment against his land or any tract thereof, or against any such corporation. Said payment shall relieve said lands from the lien of said assessment, and said corporation from all liability on said assessment. The clerk of said court shall collect no fees or commissions for collecting or disbursing such payments, and shall on demand of the commissioners of the district pay over to them all sums thus coming into his hands. Upon presentation to the state auditor of an order of the district court having jurisdiction of such drainage district, properly certified, the auditor shall draw his warrant on the treasurer on the common school account within the permanent land income fund in favor of the commissioners of such drainage district for the total amount that may be assessed against any lands included in such district, the title to which is in the state of Wyoming, and upon the payment of such warrants such lands shall thereby be relieved from the lien theretofore created for such costs of construction.

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41-9-241. Payment in installments.

At the time of confirmation of any assessment provided for by chapter 76, Wyoming Compiled Statutes 1920, or acts amendatory thereof or supplemental thereto, 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 rate, not to exceed seven percent (7%) per annum, as may be fixed by the court.

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41-9-242. Current expenses; annual budget generally.

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 drain 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 .... Drainage District for the year (year)" and also be verified under oath by any one (1) of the commissioners.

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41-9-243. Assessment roll generally.

It shall be the duty of the commissioners of each drainage district, on or before the first Monday of August of each year to prepare an assessment roll of said district, which shall contain the name of the owner, if known, 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; and 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 shall be apportioned on the aggregate assessment of benefits last confirmed by the court. When such assessment roll is completed it shall be signed by the commissioners of said district and verified by any one of them. On or before the first Monday in August, of each year the commissioners of the drainage district shall deliver to the county commissioners of the county having jurisdiction of such drainage 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 district.

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41-9-244. Certification procedure.

When the commissioners shall fail to certify to the county commissioners of the proper county, any one (1) or more drainage assessments for construction, reconstruction, enlargement, extension, improvement, or repair, against any lands in said district, at the proper time, they may certify the same to the county commissioners of the proper county at any time thereafter, whether in the same or any subsequent year, as an additional assessment roll of said district for the then current year, and upon receipt of such additional assessment roll by such county commissioners it shall be the duty of such commissioners to make a levy therefor and to certify the same to the county assessor in the manner hereinbefore provided, and it shall then be the duty of the county assessor to add the said levy to the tax roll for the then current calendar year.

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41-9-245. Additional assessments; generally.

If in the first assessment for construction the commissioners shall have reported to the court a smaller sum than is needed to complete the work of construction, or if in any year an additional sum is necessary to pay the principal of or interest on lawful indebtedness of said drainage district, further or additional assessments on the lands and corporations benefited, proportioned on the last assessment of benefits which has been approved by the court, shall be made by the commissioners of said drainage district under the order of the court or presiding judge thereof. Notice of hearing of the application for such additional assessment shall be published at least once each week for three (3) consecutive weeks in one (1) newspaper published in each county in which said lands, or any part thereof, within said district are situated which further or additional assessments may be made payable in installments, as specified in W.S. 41-9-241, and shall be treated and collected in the same manner as the original assessments for construction confirmed by the court, in said drainage district.

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41-9-246. Additional assessments; commissioner's petition; hearings; modification of budget.

The commissioners of any drainage district within the state of Wyoming shall not 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.

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41-9-247. Omissions; generally.

Omission to assess benefits, or to assess for construction, or to make additional assessment, or to make assessment for repairs, or to award damages to any one (1) or more tracts of land or easements in a drainage district, or to assess benefits, or to assess for construction, or to assess for repairs, or to make additional assessments against any corporation which should have been assessed, 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 repairs against other lands, or assessments against any corporation voidable, but the commissioners of said drainage district shall thereafter, as soon as they discover the omission, or as soon as notice thereof, either agree with the omitted parties upon the proper assessments and award the damages or assess such benefits, make such assessments for construction 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.

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41-9-248. Omissions; agreement between landowner and commissioners.

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

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41-9-249. Application of state revenue laws; tax sale for delinquent assessments.

The revenue laws of this state for the collecting of taxes on real estate for county purposes, 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 a drainage district collected by the county treasurer shall be the property of such district, 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 drainage assessment 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 drainage 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 drainage 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 drainage district assessments and shall issue separate certificates of sale therefor. In offering such real estate for sale for drainage 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 treasurer shall not attempt to secure a higher bid. In case no purchaser appears to purchase the land offered for sale for delinquent drainage assessments the treasurer shall make an entry on his delinquent tax roll "Sold to .... Drainage 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 a drainage 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 drainage assessment, the county treasurer shall issue a deed therefor to the purchaser at said sale, his heirs or assigns. The drainage district purchasing such land at said sale shall have all the right 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 the 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.

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41-9-250. Objections; landowners to show cause; presumption of validity of assessments.

Any owner of land, or any interest in land, within a drainage district, who claims that his land in said district is exempt from liability for, or lien of any assessment for construction or repairs, or any additional assessment by said commissioners levied against the same whether said assessments be the first or any subsequent assessment or questions the legality of such assessment, may at any time, on ten (10) days notice, or order to show cause, be brought before the court having jurisdiction and required to show cause why said land should not be bound by all drainage district assessments in any report or reports of the commissioners of said district assessed against the same. The presumption shall be in favor of the regularity of such assessments, and they shall stand as valid assessments unless the owner of such land, or some interest therein shall show that said assessment is inequitable, or is void because the lands were not subject to assessment in the first instance.

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41-9-251. Objections; statement of owner; default; decrees; appeal; adjournment of hearing; trial.

On the return day of said notice, or order to show cause, the said owner shall in writing, verified on oath, state the facts on which his claim is based. If he fails to appear and set forth such facts, upon the filing of the proof of service of such notice, or order to show cause upon him when notice is necessary, an order shall be made by the court confirming such assessment or assessments, which order shall be final and conclusive unless appealed from to the supreme court within thirty (30) days. The court may adjourn the hearing on said return day and thereafter, and if on the return day, or adjourned day, a trial is found necessary, the court shall fix the time and place of trial, and frame all necessary issues as provided in W.S. 41-9-104.

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41-9-252. Objections; procedure when assessments declared void.

In case the court decides that such lands could not, at the time said assessment or assessments were made, be assessed for drainage purposes, and that said assessment or assessments, are void, the commissioner shall levy an additional assessment on all of the assessable lands and corporations in said district based on the last assessment of benefits approved by the court, to pay the sum lost to the district by reason of the void assessment, or shall pay said sum out of the general funds of the district.

Propose a change

41-9-253. Assessments as liens generally.

All assessment provided for in chapter 76, Wyoming Compiled Statutes 1920, and acts amendatory thereto and supplemental thereof, together with all interest thereon, and all penalties for default in the 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 amount not in excess of the benefits severally assessed, upon all the land and other property against which such assessments shall be levied, as provided in this act, to which only the lien of the state for general state, county, city, town or school taxes, shall be paramount, and no sale of such property to enforce any general state, county, municipal, or school tax, or other lien shall extinguish the lien of such assessments.

Propose a change

41-9-254. Assessment as court judgment.

Each and every sum assessed for construction, for additional assessment or for repairs against any land or against any corporation, 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 drainage district and against said land or corporation, and unless some other method of collection is herein provided, shall be collected in the same manner as any other money judgment is collected, provided that whenever said assessment is a lien upon land it shall only be collected out of said land on which it is a lien.

Propose a change

41-9-255. Conclusiveness of order; appeals generally.

The collection of any assessments made by the commissioners for construction and confirmed by the court, shall not be restrained or obstructed by reason of any omission, imperfection or defect in the organization of any district or in any proceedings occurring prior to the order confirming the assessments of benefits, but such order shall be conclusive as to the regularity of all proceedings relating to the assessments of the benefits unless appealed from within thirty (30) days after the entry of such order.

Propose a change

41-9-256. Notes and bonds generally.

(a) The commissioners may borrow money, not exceeding the amount of assessment for construction, additional assessments and assessments for repairs, reconstruction, enlargement, extension and improvement, unpaid at the time of borrowing for the construction, repair, reconstruction, enlargement, extension or improvement of a work which they shall be authorized to construct, repair, reconstruct, enlarge, extend or improve, 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 are transferable by delivery to the same extent as negotiable paper of the highest character. The notes or bonds shall not be held to make the commissioners personally liable, but shall be held to be the lawful indebtedness of the district and constitute a lien upon the assessments for the repayment of the principal and interest of the notes or bonds. (b) In case any monies derived from bonds sold to pay for the original construction of said drainage system, or for the reconstruction, enlargement, extension or improvement thereof, now or hereafter, remains on hand after such work is completed and paid for, and not raised for damages unpaid for, such residue may be used in maintenance and repair work, as in this act provided before making assessments for such maintenance and repair.

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41-9-257. Refunding of indebtedness.

The court may, upon the petition of the commissioners, authorize them to refund any 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 become 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. 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, if they deem it advisable, 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 these purposes, but not in excess of the benefits assessed against the same.

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41-9-258. Effect of change in assessments upon existing bonds.

No bonds or other obligations issued by any drainage district shall be adversely affected by any subsequent change in assessments of benefits.

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