On or before the day set for the hearing of the final report of the board of viewers, the water management district or any owner of land or other property in said district or any person having an interest in any lands or other property within said district may file exceptions to said report or to any assessment for either benefits or damages. All exceptions shall be heard by the court and determined in a summary manner so as to carry out liberally the purposes and needs of the district. If it appears to the satisfaction of the court, after having heard and determined all of said exceptions, that the estimated cost of constructing the improvements contemplated in the plan of water management or, in the case of a Public Law 566 watershed project, that portion of the costs that must be borne by the "local organization," together with the damages assessed, is not greater than 90 percent of the benefits assessed against the land and other property in said district, then the court shall approve and confirm the report of the board of viewers as so modified and amended. If, however, the court finds that the local cost of construction, together with the damages assessed, exceeds 90 percent of the benefits assessed, the court shall dismiss the proceedings at the cost of the landowners in said district and render its decree, decreeing the incorporation of the district to be dissolved as soon as all costs incurred, which shall include court costs and all obligations and expenses incurred in behalf of the district by the board of water management commissioners, shall have been paid; and, if the uniform tax levy under the provision of Section 9-9-11 shall be found insufficient to pay all such costs, the board of water management commissioners shall make such additional uniform tax levies as will be necessary to pay such deficiency; provided, that any fund remaining after such costs and expenses have been paid shall be prorated among the landowners in the same ratio as it was collected. The court of probate of the county in which the water management district is organized shall transmit a certified copy of the court decree and copy of the board of viewers' report, as confirmed or amended by the court, to the board of water management commissioners of the district, and if the district embraces lands in more than one county then the secretary of the board of water management commissioners shall thereupon make and transmit a certified copy of the said decree and that part of the said report affecting land in each county to the court of probate of each county, except the county in which the district is organized, having lands in the district assessed with benefits where the same shall become a permanent record, and each such court of probate shall receive a fee of $1.00 for receiving, filing and preserving the same.
Structure Code of Alabama
Title 9 - Conservation and Natural Resources.
Chapter 9 - Water Management and Drainage.
Article 1 - Water Management Districts.
Section 9-9-4 - Who May Sign Petitions.
Section 9-9-5 - Establishment of District - Jurisdiction Generally; Purposes.
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 9-9-13 - Establishment of District - Effect of Order Establishing District.
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 9-9-19 - 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 9-9-24 - 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 9-9-27 - 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 9-9-30 - Appeal From Confirmation of Board of Viewers' Report.
Section 9-9-33 - Collection of Taxes on Property Divided, Sold or Transferred.
Section 9-9-35 - Payment of Tax to District Treasurer - Required; Records.
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 9-9-44 - Construction of Improvements Under Water Management Plan - Default of Contractor.
Section 9-9-47 - Construction of Improvements Crossing Railroad Right-of-Way.
Section 9-9-50 - Annexation of Land to District.
Section 9-9-51 - Organization of District Over Lands of Watershed Conservancy District.
Section 9-9-53 - 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.