Code of Alabama
Article 1 - Water Management Districts.
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.

Whenever any improvement constructed under this article is completed, it shall be under the control and supervision of the board of water management commissioners. It shall be the duty of said board to maintain the levees, ditches, drains, watercourses, floodwater retarding structures and any other improvements in good repair, and for this purpose the board of water management commissioners may annually levy a tax on the lands benefited by the construction of such improvement in the same manner as other water management taxes are levied, not to exceed 10 percent of the assessed benefits in any one year, and the fund that is collected shall be used for repairing and maintaining the ditches, drains, watercourses, floodwater retarding structures and other improvements in perfect order; provided, however, that if any repairs are made necessary by the act of negligence of the owner of any land through which such improvement is constructed or by the act of negligence of his agent, tenant or employee or if the same is caused by the cattle, hogs or other livestock of said owner, tenant, employee or agent, then the cost thereof shall be assessed and levied against the lands of the owner alone to be collected by proper civil action instituted by the water management commissioners; provided further, that when it shall become necessary to repair any railroad bridge or construct a new railroad bridge by reason of enlarging any watercourse or of excavating any canal intersection or by reason of wear and tear and natural deterioration of such bridge or structure, such repairs, maintenance and improvement shall be made at the expense of the said railroad. It shall be unlawful for any person to injure or damage or obstruct any improvements constructed under the provisions of this article without securing the prior written consent of the board of water management commissioners, and any person causing any injury, damage or obstruction or building any bridge, fence or floodgate without the consent of the board of water management commissioners shall be deemed guilty of a misdemeanor.

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.