Code of Alabama
Article 1 - Water Management Districts.
Section 9-9-23 - Appointment of District Engineer, etc.; Preparation, Adoption, etc., of Report and Water Management Plan for Improvements in District.

(a) Within 60 days after the district is established, it shall be the duty of the board of water management commissioners to appoint as district engineer a competent civil or agricultural engineer of good standing in his profession who is familiar with the type of project involved if said engineer is needed or required by the district. Such services of an engineer may not be required if engineering services are furnished by a federal, state or local agency.
(b) In case an engineer is needed or required, it shall be the duty of the court of probate to refer the report of the preliminary survey or other plans to the district engineer, who shall make a survey of the district and shall prepare a report with plans for improvements for the district. Such report shall include maps, profiles, specifications, estimates of cost and other data and descriptions which are necessary to show location and character of the proposed work; provided, that the map or maps shall show the boundary, as closely as may be determined by the records of the tax assessor, of the land owned by each individual landowner within the district, the location of any railroads, public highways, gas lines, power lines and other public utilities and the boundary of any incorporated town or village. Such report shall also contain an accurate description of all lands and other property which may be needed for a right-of-way or for the uses and purposes of the district. In case it is found that the data of any former surveys or other proceedings may be useful for the purposes of the district, the board of water management commissioners may take over and use such data and may pay therefor the amount of its value to the district. The board of water management commissioners and the engineer or the agency furnishing engineering services, in the preparation and adoption of plans, shall consider the best interests of the district and are not bound to follow or adopt the plans that may be outlined in the preliminary report or plans. In case an engineer is employed, he may, at the expense of the district and with the approval of the board of water management commissioners, employ the necessary assistants in making surveys, maps and profiles and may secure the services of a consulting engineer or expert advisor. In case engineering services are being furnished by some organization or agency cooperating with the district, the court shall refer the preliminary report or plans to said organization or agency, which shall prepare plans for the works of improvement for the district.
(c) Upon receipt of the final report of the district engineer or final plan from other competent authority concerning the surveys made of the lands and other property in the district organized and plans for treating the same, the board of water management commissioners shall adopt such report or plans with any modification thereof approved by the district engineer or other consultants after consultation. Thereafter such adopted report or plan shall be the plan for draining, leveeing, reclaiming or protecting such lands and other property from overflow or damage by water or for flood prevention or for the conservation, development, utilization and disposal of water, and it shall, after such adoption, be known and designated as the "plan of water management," which plan shall be filed with the judge of court of probate and incorporated into the records of the district. The committee may file with the board of water management commissioners a statement of any fact or suggestion it deems will be beneficial.

Structure Code of Alabama

Code of Alabama

Title 9 - Conservation and Natural Resources.

Chapter 9 - Water Management and Drainage.

Article 1 - Water Management Districts.

Section 9-9-1 - Short Title.

Section 9-9-2 - Definitions.

Section 9-9-3 - Declaration of Benefits of Drainage, etc.; Duty of Soil and Water Conservation Committee.

Section 9-9-4 - Who May Sign Petitions.

Section 9-9-5 - Establishment of District - Jurisdiction Generally; Purposes.

Section 9-9-6 - Establishment of District - Maintenance of Record of Proceedings in Probate Court; District Record Book.

Section 9-9-7 - Establishment of District - Filing of Petition for Organization of District; Appointment, etc., of Engineer; Report of Engineer.

Section 9-9-8 - Establishment of District - Jurisdiction of Probate Court in Which Petition Filed.

Section 9-9-9 - Establishment of District - Notice of Filing of Petition and of Hearing.

Section 9-9-10 - Establishment of District - Presentation of Opinion by Representative of State Committee.

Section 9-9-11 - Establishment of District - Filing of Objections to Organization of District; Hearing and Proceedings Upon Petition and Objections; Issuance of Order Declaring Organization of District; Dismissal of Petition and Issuance of Itemized...

Section 9-9-12 - Establishment of District - Appeal as to Inclusion in or Exclusion From District of Property.

Section 9-9-13 - Establishment of District - Effect of Order Establishing District.

Section 9-9-14 - Board of Water Management Commissioners - Composition; Qualifications, Appointment, Terms of Office, Oath and Bond of Commissioners; Seal; Officers and Employees Generally; Meetings; Vacancies; Quorum.

Section 9-9-15 - Board of Water Management Commissioners - Powers and Duties Generally.

Section 9-9-16 - Board of Water Management Commissioners - Election of District Treasurer.

Section 9-9-17 - Board of Water Management Commissioners - Appointment, etc., of Fiscal Agent.

Section 9-9-18 - Board of Water Management Commissioners - Auditing of District Accounts; Annual Report; Notice of Reports and Annual Meeting.

Section 9-9-19 - Compensation of District Officers and Employees.

Section 9-9-20 - Removal of Commissioners, Viewers or Other District Officers.

Section 9-9-21 - Right of Condemnation.

Section 9-9-22 - Right of Commissioners, etc., to Enter Lands to Make Surveys, etc.; Liability for Damages; Obstruction of Entrance.

Section 9-9-23 - Appointment of District Engineer, etc.; Preparation, Adoption, etc., of Report and Water Management Plan for Improvements in District.

Section 9-9-24 - Procedure as to Proposed Improvement Crossing Railroad Right-of-Way.

Section 9-9-25 - Correction of Errors in or Amendments to Water Management Plan.

Section 9-9-26 - Transmittal of Certified Copy of Water Management Plan to Probate Court; Petition for Appointment of Viewers; Composition, etc., of Board of Viewers; Qualifications and Appointment of Members.

Section 9-9-27 - Viewing and Assessment of Lands by Board of Viewers; Report of Findings.

Section 9-9-28 - Notice of Hearing on Report of Board of Viewers.

Section 9-9-29 - Filing of Exceptions to Report; Hearing Upon Exceptions and Report; Approval and Confirmation of Report; Dismissal of Proceedings and Dissolution of District; Transmittance of Copies of Court Decree and Report of Viewers; Filing Fee.

Section 9-9-30 - Appeal From Confirmation of Board of Viewers' Report.

Section 9-9-31 - Tax Levy to Defray Expenses of Proposed Works and Improvements Generally; Water Management Tax Record; Additional Taxes.

Section 9-9-32 - Levy of Annual Installment of Tax; Form of Certificate and Order Directing Collection of Tax; Preparation of Tax Record; Proceedings as to Delinquencies.

Section 9-9-33 - Collection of Taxes on Property Divided, Sold or Transferred.

Section 9-9-34 - Compensation of Tax Collector; Failure of Collector to Make Prompt Payment of Tax to Treasurer.

Section 9-9-35 - Payment of Tax to District Treasurer - Required; Records.

Section 9-9-36 - Payment of Tax to District Treasurer - Failure Deemed Consent to Issuance of Bonds and Waiver of Defenses.

Section 9-9-37 - Bonds - Issuance.

Section 9-9-38 - Bonds - Sale; Disposition of Proceeds, Etc.

Section 9-9-39 - Bonds - Payment of Principal and Interest.

Section 9-9-40 - Bonds - Remedies and Proceedings Upon Default.

Section 9-9-41 - Bonds of District Employees, Etc.

Section 9-9-42 - Construction of Improvements Under Water Management Plan - Authority and Procedure for Letting Contracts.

Section 9-9-43 - Construction of Improvements Under Water Management Plan - Duties of Water Management Engineer; Payment of Contractor.

Section 9-9-44 - Construction of Improvements Under Water Management Plan - Default of Contractor.

Section 9-9-45 - Construction of Improvements Under Water Management Plan - Contractor's Right of Entry Upon Lands, Etc.

Section 9-9-46 - Cost of Construction, etc., of Bridges and Culverts When Public Ditch, Drain or Watercourse Crosses Public Highway.

Section 9-9-47 - Construction of Improvements Crossing Railroad Right-of-Way.

Section 9-9-48 - Control and Supervision of Completed Improvements; Annual Tax for Repairs and Maintenance; Payment of Costs of Repairs and Maintenance; Injury, Damage or Obstruction of Improvements.

Section 9-9-49 - Rights of Landowners as to Use of Drains, Watercourses, etc., as Outlets for Lateral Drains From Lands.

Section 9-9-50 - Annexation of Land to District.

Section 9-9-51 - Organization of District Over Lands of Watershed Conservancy District.

Section 9-9-52 - Organization of District Not to Preclude Inclusion of Lands in Another District, Etc.

Section 9-9-53 - Joint Works of Improvement With Adjoining States.

Section 9-9-54 - Procedure as to Warrants Not Paid Because of Lack of Funds.

Section 9-9-55 - Correction of Errors in Court Proceedings, Etc.

Section 9-9-56 - Drainage Districts to Continue and Be Known as Water Management Districts; Petition Requesting Additional Powers; Notice to Landowners and Proceedings.

Section 9-9-57 - Dissolution.

Section 9-9-58 - Construction of Article; Effect of Defect in Proceedings Upon Collection of Assessment; Remedies Provided in Article Exclusive.