Conservation districts.

WORKING DRAFT
2005
STATE OF WYOMING
05LSO-0104.E1

HOUSE BILL
NO.
HB0129

Conservation districts.

Sponsored by:
Joint Corporations, Elections and Political Subdivisions Interim Committee

A BILL

for

AN ACT relating to conservation districts; expanding purposes of conservation districts generally; authorizing the establishment of special project areas within conservation districts; providing for administration and funding of special project areas; making conforming amendments; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.
W.S. 11
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135 and 11
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201 through 11
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216 are created to read:

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135.

Existing water rights preserved.

Nothing in this act shall be so construed as to in any manner impair existing water rights, appropriations or priorities.
ARTICLE 2
SPECIAL PROJECT AREAS

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201.

Definitions

As used in this article "petition" means a petition to designate a special project area under this article.

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202.

Special project area designation; petition; number of signatures required; contents of designation petition.

(a)

In carrying out provisions set forth in W.S. 11
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122, the district board of supervisors, acting pursuant to a petition and in accordance with this article, with the approval of the county commissioners of the counties in which the project area is to be located, may designate a special project area for the development and execution of plans and projects relating to any of the purposes set forth in W.S. 11
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122. The conservation district in which project areas are designated shall cooperate, advise and consult with the commission in matters pertaining to the designation, operation and maintenance of the project. The board of county commissioners shall, by resolution, approve any special project area under this article prior to the board of supervisors proceeding to hearing on the petition under W.S. 22
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109.

(b)

The land area embraced in a special project area must lie within the boundaries of a conservation district. A special project area may embrace land lying in one (1) or more conservation districts upon the adoption of resolutions of the affected conservation district boards of supervisors. A special project area may encompass an entire district.

(c)

If a proposed special project area is situated in more than one (1) conservation district, the supervisors of each of the districts shall act jointly as a board of supervisors with respect to all matters concerning the special project area, including its designation.

(d)

A petition to designate a special project area shall be filed with the board of supervisors of the conservation district in which the proposed special project area is situated. The petition shall be signed by not less than twenty-five percent (25%) of the landowners owning at least twenty-five percent (25%) of the assessed valuation of property within the area proposed to be established as a special project area
,
as shown by the assessment records of the property in said area. A copy of the petition shall be furnished to the commission. If a proposed special project area is situated in more than one (1) conservation district, copies of the petition shall be presented to the boards of county commissioners of all counties and to the board of supervisors of all the conservation districts in which any part of the proposed special project area is situated.

(e)

The petition for designation shall state:

(i)

The proposed name for the special project area;

(ii)

The boundaries of the area, including a map, with a metes and bounds or aliquant calls description of the lands situate therein;

(iii)

A request that a special project area be formed pursuant to this act;

(iv)

Generally the purpose of the proposed special project area and the services to be provided, acquired, operated or constructed;

(v)

In detail, the proposed method for financing improvements or services to be provided within the first year of designation;

(vi)

The number and names of persons willing to serve, or apply for election, as the advisory board for the special project area.

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203.

Requirements for signers of petition; requirements of filing petition and certification of signatures; review by the county assessor and department of revenue.

(a)

A petition to designate a special project area shall:

(i)

Meet the requirements and be subject to the provisions of W.S. 22
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106;

(ii)

Be filed in accordance with W.S. 22
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107 with the secretary of the district board of all districts included within the special project area;

(iii)

Be subject to the provisions of W.S. 22
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108;

(iv)

Be transmitted by any one (1) of the district boards to and approved by each board of county commissioners in which the proposed special project area lies.

(b)

Before the petition is filed, sponsors of the petition shall provide each county assessor of a county in which the special project area lies and the department of revenue notice of the petition and proposed boundaries of the special project area. The assessor and the department shall review, within sixty (60) days of receiving notice of the petition, the boundaries of the proposed special project area for any conflict, overlap, gap or other boundary issue and make written comments thereon to be submitted with the petition.

(c)

If the petition satisfies all requirements the district board shall proceed as provided by W.S. 22
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109, with the district board undertaking the duties of the board of county commissioners under that section. References within that section to the term "district" shall be construed as references to the special project area for purposes of this subsection.

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204.

District to publish proclamation; filing period.

(a)

Not more than fifty (50) and not less than forty (40) days before the designation election, the district secretary shall publish at least once in a newspaper of general circulation in each county in which all or part of the proposed special project area is situated a proclamation setting forth the date of the election, which district secretary is the filing officer, the question of formation, what offices are to be filled including the terms of the offices, the filing period for the offices and other pertinent election information. Minor errors in the proclamation shall not invalidate the forthcoming election.

(b)

Not more than thirty-nine (39) and not less than thirty (30) days before the designation election, candidates may file an application for election in the office of the conservation district. The application shall be in substantially the following form:

APPLICATION FOR ELECTION SPECIAL PROJECT AREA ADVISORY BOARD MEMBER

I, swear or affirm that I was born on ...., (year); that I have been a resident of .... special project area since ...., residing at ...., that I am an elector or landowner (check which one for eligibility) of said project area and I do hereby request that my name, ...., be printed on the ballot of the designation election to be held on .... day of ...., (year) as a candidate for the office of advisory board member for a term of .... years. I hereby declare that if I am elected I will qualify for the office.
Dated ....

Signature of Candidate

Residence Address

(c)

The district secretary shall publish a sample ballot with the question of designation and candidates for the advisory board at least once in a newspaper of general circulation in each county in which all or part of the proposed special project area is located, at least ten (10) days prior to the election.

(d)

A district secretary receiving an application for election shall determine whether the person seeking election is an eligible candidate.

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205.

Election prerequisite to designation; voting; ballots; right of landowners to vote; proxies; initial advisory board election.

(a)

All qualified electors within the proposed special project area and owners of land lying within the boundaries of the proposed special project area, as determined by written authorizations as specified in W.S. 11
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102(a)(xviii) and subsection (b) of this section, shall be eligible to vote in the election. In applying provisions of the Special District Elections Act of 1994 to this article, the terms "elector" or "voter" shall include qualified electors and landowners as determined by written authorizations.

(b)

A written authorization for voting purposes shall be filed with the conservation district board of supervisors conducting the referendum not later than thirty (30) days prior to the election.

(c)

The electors shall vote on the designation of the special project area and for the initial advisory board members. Votes for write-in candidates for advisory board members shall be permitted.

(d)

The election shall be conducted under the direction of the district secretary and shall be at the expense of the district.

(e)

The designation of the special project area is approved if at least a majority of the votes cast in the election, which affirmative votes represent a majority of the acreage contained in the proposed special project area, favor designation of the special project area.

(f)

The district secretary shall conduct the election in accordance with W.S. 22
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113 through 22
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116.

(g)

An elector casting a ballot may vote for any advisory board member candidate or other questions relating to the special project area, regardless of whether he voted against designation.

(h)

If the proposition to designate the special project area fails, the advisory board candidacy questions are null and void.

(j)

If the designation question is approved, the district secretary shall send written notice of the designation to the county commissioners, county clerk, county assessor, department of audit and department of revenue within ten (10) days of the canvass.

(k)

A resolution of the board of supervisors designating the special project area may be appealed to the commission within sixty (60) days of the determination issued by the conservation district board.

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206.

Advisory board eligibility; subsequent board election; terms; officers.

(a)

The advisory board of a special project area shall consist of five (5) members. The first advisory board elected concurrently with the designation election shall serve the following terms, as indicated on the candidate election application: two (2) members to serve terms of one (1) year, two (2) members to serve terms of two (2) years, and one (1) member to serve a term of three (3) years and until their successors are elected at a regular subsequent advisory board election. Thereafter, as these initial terms expire, the members of the advisory board shall be elected for terms of three (3) years. The board of supervisors of the conservation district shall conduct these elections annually. These elections shall be in accordance with the Special District Elections Act of 1994. Vacancies occurring before the expiration of a term shall be filled for the unexpired term by appointment by the remaining members of the advisory board with the approval of the board of supervisors. The advisory board shall, under the supervision of the board of supervisors, be the governing body of the special project area.

(b)

The advisory board shall annually elect from its board members a chairman and vice chair. The conservation district secretary, or his designee, shall act as secretary and treasurer to the advisory board.

(c)

Applications for election may be filed with the board of supervisors by candidates for the advisory board of the special project area as provided in W.S. 11
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204(b). No person shall be eligible to be an advisory board member of a special project area who is not an owner of land or a taxpaying elector within the special project area.

(d)

The board of supervisors in which the designation for a special project area has been adopted shall thereafter for all purposes of this article maintain and have original and exclusive jurisdiction as to any and all proceedings concerning the special project area and its advisory board within the boundaries of the special project area, including any territory which may be proposed to be included in the special project area and of the property proposed to be included in the special project area or affected by the district.

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207.

Enlargement petitions.

When the voters of an area wish to join a special project area, they may file an enlargement petition with the board of supervisors. If there are no voters within an area proposed to be included in a special project area, the landowners of the area may file an enlargement petition with the board of supervisors.
Petitions for including additional territory within an existing special project area may be filed with the board of supervisors, and in such cases the proceedings herein provided for with respect to petitions to designate a special project area shall be observed to the extent deemed practicable in acting upon petitions for the inclusion. In determining whether the designation of a special project area, including such additional territory, will be administratively practicable and feasible, the board of supervisors shall advise and consult with the advisory board of the existing special project area. Where the total number of owners of land in the area proposed for inclusion shall be less than ten (10), the petition may be filed when signed by a majority of the owners of land in the area, representing a majority of the acreage contained in the area, and in such case no election need be held.

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208.

Withdrawal from special project area.

The owner or owners of land which has not been, is not, and cannot be benefited by its inclusion in the special project area may petition the board of supervisors to have the land withdrawn. The petition shall describe the land and state the reasons why it should be withdrawn. A hearing shall be held within thirty (30) days after the petition is received. Due notice of the hearing shall be given by the board of supervisors. If it is determined by the board of supervisors that the land has not been, is not, and cannot be benefited by its inclusion in the special project area, the land shall be withdrawn from the special project area.

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209.

Consolidation of special project areas; districts.

(a)

Two (2) or more special project areas may consolidate and form a new special project area if the consolidation is first approved by the boards of supervisors and approved by the voters. The process for considering a merger shall follow the same provisions for a project area designation as set forth in W.S. 11
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202 through 11
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206. The existing special project areas included in the consolidation shall be considered joined into a single new special project area.

(b)

If the consolidation is approved, the advisory board members and officers of the consolidating special project area or district shall transfer to the board of supervisors wherein lies the special project area, all funds, property, contracts and records of the consolidating districts. Upon the effective date of the consolidation:

(i)

The successor conservation district shall succeed to all the property, contracts, rights and powers of the consolidating district; and

(ii)

Uncollected taxes, assessments or charges levied by the consolidating special project area shall become the property of the conservation district and upon collection shall be credited to the account of the conservation district; and

(iii)

The conservation district shall become liable for all the obligations, legal or contractual, of the consolidating special project area.

(c)

The board of directors of a watershed improvement district within a conservation district may also petition to be formed as a special project area of the district. The petition shall be submitted, acted upon by the board of supervisors and the area designated as provided in W.S. 11
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202 through 11
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206. If the designation is approved by the board of supervisors, the issue shall be presented to a referendum of the watershed improvement district as provided in W.S. 41
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108 and to the voters of the district as provided in W.S. 22
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305. If the referendum passes in the watershed improvement district and the conservation district, the watershed improvement district shall be designated as a special project area of the conservation district. The watershed improvement district shall be dissolved and the provisions of subsection (b) of this section shall be effective.

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210.

Hearing on proposed projects.

(a)

Before any contract shall be let or work begun upon any improvement or project within the special project area, the cost of which cannot be exclusively financed by funds on hand, grants in aid, or financial assistance or gifts to the district, or before any contract may be entered into by the district with any governmental agency or body which will obligate the district to contribute financially beyond the extent of funds of the district then on hand, it shall be the duty of the board of supervisors to set a time and place within the district for a public hearing upon such proposal. Due notice of such hearing shall be given by the board of supervisors.

(b)

At the time and place fixed for such hearing any owner of land situated within the special project area, or any other interested person, may appear and be heard as to his objections to such proposal.

(c)

Following the public hearing the board of supervisors shall, by order or resolution, either affirm the proposal with or without modification or amendments, or disapprove the proposal. If the board of supervisors affirms the proposal, it shall determine the probable cost of and the proposed method of financing the improvement or project, the benefits to be derived therefrom, and whether the benefits will be conferred upon all land within the special project area or upon only certain land within the special project area, in which latter case the land to be benefited shall be described as to boundaries, ownership, approximate acreage and if the board determines that lands will receive benefits not proportionate to acreage a description of those benefits conferred on specific lands.

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211.

Appointment of appraisers and appraisal of benefited property.

(a)

If the board of supervisors determines that the proposed improvement or project should be constructed and that the costs thereof should be paid by special assessment against the land benefited by such improvement or project, it shall appoint three (3) qualified and disinterested residents of the state to act as appraisers. The appraisers shall inspect the plans and specifications of the proposed improvement or project and examine all land likely to be benefited thereby. The appraisers shall make and file with the board of supervisors a detailed report showing all tracts of land within the special project area found to be benefited, together with the acreage thereof, the name of the record owner of each tract, the amount each tract will be benefited which need not be limited to a strict proportional benefit per acre, and the amount of assessment to be levied against each tract, which assessment against each tract shall be in proportion to the benefits accruing to such tract. Any necessary expenses connected with making the appraisal by the three (3) appraisers shall be paid by the conservation district.

(b)

Upon receiving the report of the appraisers the board of supervisors shall fix a time and place within the special project area for hearing any complaint that may be made regarding the benefits appraised to any tract of land or the assessment proposed to be levied against any tract of land. Due notice of such hearing shall be given by the board of supervisors. At the time and place fixed for such hearing the board of supervisors shall consider the report of the appraisers and consider and hear any objections filed or voiced thereto. The board of supervisors shall, by order or resolution, reject the report of the appraisers or accept the report and ratify it with or without modification or amendments.

(c)

Any owner of land or person having an interest therein upon which an assessment is proposed to be levied may, within thirty (30) days from such order or resolution of the board of supervisors accepting the report of the appraisers, file with the clerk of the district court a written notice making demand for trial by the court. The notice shall state definitely from what part of such order or resolution the appeal is taken and shall set forth any other objections of the appellant. In case more than one (1) appeal is taken, the court may, upon finding that the appeals may be consolidated without injury to the interests of anyone, consolidate and try the appeals together. Any hearing on appeal provided for in this section in the district court shall be de novo, and the district court shall consider not only the question of procedure but also the merits of the point or points appealed from.

(d)

If no appeal is taken within the time prescribed in this section from such order or resolution of the board of supervisors accepting the report of the appraisers, or after the finding of the court in case an appeal is taken from such order or resolution of the board of supervisors, then such assessments shall be final and conclusive and shall constitute perpetual liens upon the land so assessed until they are fully paid.

(e)

In case land belonging to the state, or a county, school district, or other public corporation is benefited by any improvement or project constructed under the provisions of this article, all of such benefits shall be assessed against such land and the assessments shall be paid by the proper authorities at the same time as the assessments are called and paid in the cases of private persons.

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212.

Assessments generally.

(a)

The board of supervisors shall, on or before the third Monday in July of each year, certify to the board of county commissioners of the county within the special project area in which assessed land is located the amount of the annual installments of assessments against the land, together with a fair proportionate amount of the estimated operating and maintenance charges apportioned to the land for the next succeeding year. Thereupon the county commissioners shall certify to and deliver the assessment roll to the county assessor of the county and the county assessor shall extend the amounts so certified on the tax roll as a flat special assessment against the land benefited. The assessments shall be subject to the same interest and penalties in case of delinquency as in the case of general taxes, and shall be collected at the same time and in the same manner as in the case of general taxes; provided, that the assessments shall become due and payable only at the times and in the amounts as may be determined by the board of supervisors.

(b)

The board of supervisors in making the annual assessments and levies as provided in this article, shall take into account the maturing indebtedness for the ensuing year as provided in its contracts, the maturing of bonds and interests on all bonds, and deficiencies and defaults of prior years, and shall make ample provisions for the payment thereof; provided however, that no one (1) yearly call for assessment by the board of supervisors shall be in an amount to exceed ten percent (10%) of the actual amount necessary to defray the cost of the construction of the improvement or project.

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213.

Levy, collection and disposition of taxes and special assessments; expenditure of funds.

It shall be the duty of the officer or body having authority to levy taxes within each county, to levy the taxes and special assessments as provided in this article, and it shall be the duty of all county officials, charged with the duty of collecting taxes, to collect the taxes and special assessments as provided in this article in the time, form and manner and with like interest and penalties as city or county taxes are collected, and when collected to pay the same to the board of supervisors ordering their levy and collection and the payments of such collections shall be made through the treasurer of the conservation district and deposited in the depository thereof to the credit of such district. All expenditures of such funds shall be made by the board of supervisors upon order of the board, with the guidance of the advisory board.

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214.

Lien of assessment; collection of delinquent assessments.

All taxes and assessments levied against any land under this article together with all interest thereon and penalties for default in payment thereof, and all costs of collecting the same, shall, until paid, constitute a perpetual lien upon such land on a parity with the tax lien of general, state, county, city, town or school taxes and no sale of such land to enforce any general, state, county, city, town or school tax or other liens shall extinguish the perpetual lien of such taxes and assessments. If the taxes and assessments levied are not paid as herein provided, then such land shall be sold at the regular tax sale for the payment of said taxes and assessments, interest and penalties, in the manner provided by the statutes of this state for selling real property for nonpayment of general taxes.

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215.

Issuance of bonds.

(a)

Bonds authorized by W.S. 11
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122(d)(vii) shall not be issued until proposed by order or resolution of the board of supervisors specifying the purpose for which the funds are to be used, the rate of interest the bonds are to bear, the amount of the proposed bond issue, terms of the bonds, and the proposed method of payment and redemption of the bonds prior to maturity. A copy of the order or resolution shall be certified to the county clerk and commission.

(b)

The board of supervisors shall conduct a hearing on such proposal after due notice of such hearing has been given. If it appears that the proposal is within the scope and purpose of W.S. 11
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122(b) and meets all other requirements of the law, the proposal shall be submitted to the landowners of the project area by a referendum held under the supervision of the board of supervisors.

(c)

Any referendum held under this section shall be held by mail ballot or on an election date authorized under W.S. 22
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103.

(d)

If two-thirds (2/3) of the votes cast, which votes represent a majority of the acreage contained in the special project area are in favor of the proposed bond issue, such bonds shall be authorized and may be issued.

(e)

Bonds authorized and issued shall bear interest payable annually, and shall be due and payable not more than fifty (50) years from their dates. The form, terms and provisions of the bonds, provision for their payment and provisions for their retirement and calling not inconsistent with law, shall be determined by the board of supervisors. The bonds are exempt from all state, county, municipal, school and other taxes imposed by a taxing authority of this state.

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216.

Dissolution; s
upervision upon discontinuance.

(a)

A special project area formed pursuant to this article shall be dissolved after completion of the project for which the special project area was formed and collection of all assessments levied for the project. Dissolution shall occur pursuant to the dissolution process provided under W.S. 22
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401.

(b)

If any conservation district in which a special project area is designated is discontinued, the commission shall thereafter serve in the same supervising capacity over the special project area as was theretofore served by the board of supervisors of the district.

Section 2.
W.S. 11
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102(a) by creating a new paragraph (i), by renumbering (i) through (vi) as (ii) through (vii), by renumbering (vii) as (x), by creating new paragraphs (xi) and (xii), by renumbering (x) as (xiii), by creating new paragraphs (xiv) and (xv), by renumbering (xi) as (xvi), by creating new paragraphs (xvii) and (xviii) and by amending and renumbering (xii) as (xix), 11
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103(a) and (b), 11
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105(a)(ii), 11
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112, 11
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117(d), 11
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121(b), 11
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122(b)(v) through (viii), (xiv), (xvi), (xix), (xx) and by creating new subsections (d) through (f) and 11
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133(a) are amended to read:

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102.

Definitions.

(a)

As used in this act:

(i)

"Advisory board" means the advisory board elected to govern the projects and activities, under the supervision of the board of supervisors, within a special project area;

(i)
(ii)

"Agency of this state" means any subdivision, agency or instrumentality, corporate or otherwise, of the government of this state;

(ii)
(iii)

"At large member" means any registered voter and taxpayer within the county;

(iii)
(iv)

"Commission" or "state conservation commission" means the state board of agriculture;

(iv)
(v)

"Conservation" means development, improvement, maintenance, preservation, protection and use of natural resources, and the control and prevention of floodwater and sediment damages, and the disposal of excess waters;

(v)
(vi)

"District" or "conservation district" means a governmental subdivision of this state, and a public body corporate and politic, organized in accordance with this act;

(vi)
(vii)

"Due notice" for those provisions other than election and referendum provisions, means notice published at least twice, with an interval of six (6) days between the two (2) publication dates, in a newspaper of general circulation within the boundaries of the proposed or organized district, or by posting at five (5) conspicuous places within the organized or proposed district, such posting to include, where possible, posting at public places where it may be customary to post notices concerning county or municipal affairs generally. Except as otherwise provided in this act, the notice of any hearing required under this act shall fix the time, place and purpose, which shall be not less than ten (10) or more than fifteen (15) days after the first publication or first posting of the notice. Any hearing held pursuant to such notice may be adjourned from time to time without renewing the notice for the adjourned dates. Notice for any election or referendum required by this act shall be as specifically provided in this act, or if not specifically provided in this act, as required in the Special District Elections Act of 1994;

(viii)

Repealed by Laws 1987, ch. 21, § 3.

(ix)

Repealed by Laws 1998, ch. 115, § 5.

(vii)
(x)

"Government" or "governmental" means the government of this state, the government of the United States, and any subdivision, agency or instrumentality, corporate or otherwise, of either of them;

(xi)

"Land and natural resource conservation" includes but is not limited to engineering operations, range management, methods of cultivation, silviculture and forestry practices, fuels reduction practices, growing of grass or other vegetation, changes in use of land or any measure which may be developed regarding land use practices that reduce soil erosion, protect wildlife habitat, protect water quality and water yield or conserve, develop, utilize or dispose of water, including flood prevention;

(xii)

"Qualified elector" means as defined by W.S. 22
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104(a)(v). For elections for special project areas, a person shall also be a bona fide resident of the special project area to be a "qualified elector";

(x)
(xiii)

"Renewable natural resources," "natural resources" or "resources," means land, soil, water,
air,
vegetation, trees, wild rivers, wilderness, natural beauty, scenery and open space;

(xiv)

"Resource degradation control" includes undertaking any of the activities described in W.S. 11
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103;

(xv)

"Special project area" means a specially designated geographical area within one (1) or more conservation districts designated for the purpose of addressing a special natural resource management project or program. A project may consist of any structure, facility undertaking or system which a district is authorized to acquire, improve, equip, maintain or operate. A project may include all types of personal and real property, including but not limited to land, improvements and fixtures thereon, property of any nature appurtenant thereto or used in connection therewith, and every estate, interest and right therein, legal or equitable, including terms for years, or any combination thereof.

(xi)
(xvi)

"Urban" or "urban member" means any registered voter of an incorporated Wyoming municipality;

(xvii)

"Voter" means a qualified elector;

(xviii)

"Written authorization" means an affidavit filed with the election official conducting the election setting forth a general legal description of the property owned, the street or common name address for the property, the name or names of all owners of the property described, and a statement that the person signing the written authorization is the only person having authority to act on behalf of the owner or owners of the property;

(xii)
(xix)

"This act" means W.S. 11
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101 through
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134
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217
.

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103.

Legislative declarations and policy.

(a)

It is hereby declared that the farm and grazing lands of Wyoming are among the basic assets of the state; that improper land use practices cause and contribute to serious erosion of these lands by wind and water; that among the consequences which would result from such conditions are the deterioration of soil and its fertility and the silting and sedimentation of stream channels, reservoirs, dams and ditches; that to conserve soil,
and soil and
water
and vegetative
resources, and prevent
and control soil erosion
resource degradation
, it is necessary that land use practices contributing to
soil erosion
resource degradation
be discouraged and that appropriate
soil conserving
land
use
management
practices be adopted.

(b)

It is hereby declared to be the policy of the legislature to provide for the conservation of the soil,
and soil and
water
and vegetative
resources of this state, and for the control and prevention of
soil erosion
resource degradation
and for
the protection of water quality, water yield,
flood prevention or the conservation, development, utilization, and disposal of water
.
, and thereby

The goal of this policy is
to stabilize ranching and farming operations, to preserve natural resources, protect the tax base, control floods, prevent impairment of dams and reservoirs, preserve wildlife, protect public lands, and protect and promote the health, safety and general welfare of the people of this state.

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105.

State board of agriculture; duties generally.

(a)

The commission shall:

(ii)

Assist and guide districts in the preparation and carrying out of programs for resource conservation authorized under this act,
including the process for designating special project areas,
review district programs, coordinate the programs of the several districts and resolve any conflicts, and facilitate, promote, assist, harmonize, coordinate and guide the resource conservation programs and activities of districts as they relate to other special purpose districts, counties and other public agencies;

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112.

Result of referendum; announcement; practicability of district; determination; criteria.

After making public the result of the referendum, the commission shall consider and determine whether the operation of the district within the defined boundaries is administratively practicable. If the commission determines the operation of the district is not administratively practicable, it shall record the determination and deny the petition. If the commission determines that the operation of the district is administratively practicable, it shall record the determination and proceed with the organization of the district. In making the determination the commission shall give regard to the attitudes of the voters lying within the defined boundaries, the number of voters eligible to vote in the referendum who voted, the proportion of votes cast in favor of the creation of the district to the total number of votes cast, the approximate wealth and income of the owners of land of the proposed district, the probable expense of carrying on
erosion- control
land and natural resource conservation
operations within the district, and other economic and social factors as are relevant.

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117.

Districts; termination; dissolution procedures; determination by board of agriculture; legal effects of dissolution.

(d)

Upon issuance of a certificate of dissolution all ordinances and regulations adopted and in force within the district are void. All contracts to which the district or supervisors are parties remain in force and effect for the period provided in such contracts. The commission shall be substituted for the district or supervisors as party to the contracts. The commission is entitled to all benefits and subject to all liabilities under such contracts and has the same right and liability to perform, require performance, sue and be sued thereon, and to modify or terminate the contracts as the supervisors of the district would have had. Dissolution does not affect the lien of any judgment entered
,

or the pendency of any action instituted under W.S. 11
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126
,

and the commission succeeds to all rights and obligations of the district or supervisors as to such liens and actions.

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121.

District supervisor; cooperation and agreements between districts; agreements with districts in adjoining states.

(b)

Any two (2) or more districts may engage in joint activities by agreement for planning, financing, constructing, operating, maintaining and administering any program or project concerned with the conservation of renewable natural resources. The districts concerned may make available for purposes of the agreement any funds, property, personnel, equipment or services available to them under this act
, except that funds from assessments for special project areas shall be used only within those project areas
.

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122.

Powers and duties of districts and supervisors thereof generally.

(b)

A conservation district organized under this act and the supervisors thereof, in addition to other powers granted by this act, may:

(v)

Conduct surveys, investigations and research and disseminate information relating to
range management, the character of soil erosion, flood prevention or the conservation, development, utilization and disposal of water,

accepted management practices for land and natural resource conservation
and the preventive and control measures and works of improvement needed
;
, but in order to avoid duplication of research activities, no district shall initiate any research program except in cooperation with the government of this state or its agencies, or with the United States or its agencies;

(vi)

Conduct demonstration projects within the district on lands owned or controlled by this state or its agencies, with the cooperation of the agency administering and having jurisdiction thereof, and on other lands within the district with the consent of the owner or occupier of the lands, to demonstrate
range management practices, the means, methods and measures by which soil and soil resources may be conserved, and soil erosion in the form of soil blowing and washing may be prevented and controlled
accepted management practices for land and natural resource conservation
and
how
works of improvement for
flood prevention or the conservation, development, utilization and disposal

of water
those practices
may be carried out;

(vii)

Carry out preventive and control measures and works of improvement
Implement and prescribe accepted management practices for land and natural resource conservation
within the district,
including engineering operations, range management, methods of cultivation, the growing of grass or other vegetation, changes in use of land or any measure which may be developed for the control of erosion and better use of soil,
and works of improvement for
flood prevention or the conservation, development, utilization and disposal of water
land and natural resource conservation
on lands owned or controlled by this state or its agencies, with the cooperation of the agency administering and having jurisdiction thereof, or on other lands within the district with the consent of the owner or occupier of the lands;

(viii)

Cooperate, or enter into agreements with and furnish financial or other aid to, any agency, governmental or otherwise, or any owner or occupier of lands within the district, in carrying on
range management or erosion control and prevention operations
accepted management practices for land and natural resource conservation
and works of improvement for
flood prevention or the conservation, development, utilization and disposal of water
land and natural resource conservation
within the district, subject to such conditions as the supervisors deem necessary;

(xiv)

Make available on terms it prescribes, to owners and occupiers of land within the district, agricultural and engineering machinery and equipment, fertilizer, seeds and seedlings, male breeding animals, livestock supplies and such other material or equipment as will assist the owners and occupiers of land to carry on operations upon their lands and upon those owned or leased by the district,
range improvement and stabilization, the conservation of soil and water resources, the prevention and control of soil erosion and for flood prevention or the conservation, development, utilization and disposal of water.
for
implementation of accepted management practices for land and natural resource conservation.
The
assistance authorized by this paragraph shall be on a limited scale for demonstration purposes and the
district shall not be deemed authorized to compete with private industry;

(xvi)

Develop
and implement
comprehensive
land and resource use
plans for
range improvement and stabilization, conservation of soil and water resources, control and prevention of soil erosion and for flood prevention or the

conservation, development, utilization and disposal of water within the district, which
accepted management practices for land and natural resource conservation.
The
plans shall
include range management provisions and shall
specify in detail the acts, procedures, performances and avoidances necessary or desirable to carry out the plans,
including the specification of engineering operation, fence and stockwater developments, methods of cultivation, the growing of grass and other vegetation, cropping and range programs, tillage and grazing practices, and
or
changes in use of lands;

(xix)

Manage, as agent of the United States or any of its agencies, and
E
nter into agreements with the United States or any of its agencies, or this state or any of its agencies, to effect cooperation
or management,
with the United States or any of its agencies under United States Public Law 566 approved August 4, 1954,
the National Environmental Policy Act, and any other pertinent law, rule or policy recognizing local governments,
or amendments thereto, in connection with the acquisition, construction, operation or administration of any
land utilization, soil conservation, erosion control, erosion prevention, flood prevention projects, conservation of water, water utilization, disposal of water in watershed areas and other water projects
project to implement
accepted management practices for land and natural resource conservation
within its boundaries;

(xx)

Act as representative for local groups in dealing with the United States or its representatives, in
soil or water conservation
land and natural resource conservation planning and management
matters under United States Public Law 566 approved August 4, 1954, or amendments thereto;

(d)

In carrying out works of improvement and resource enhancement within special project areas, district supervisors shall, after consulting with the advisory board, have the authority to:

(i)

Perform special works of improvement and resource development;

(ii)

Levy and collect assessments for special benefits accruing to land and water resources;

(iii)

Utilize assessments for the purpose of administering programs and projects within a designated special project area;

(iv)

Acquire by purchase, exchange, lease, gift, grant, bequest, devise or otherwise, any property, real or personal, or rights or interests therein; maintain, administer, and improve any such property; and sell, lease, or otherwise dispose of any such property in furtherance of the purposes and provisions of paragraphs (b)(vii) and (viii) of this section;

(v)

Construct, improve, operate and contract for the maintenance of such structures as may be necessary for the performance of any authorized function of the district;

(vi)

Borrow such money as is necessary to carry out the purposes and provisions of paragraphs (b)(vii) and (viii) of this section and issue, negotiate, sell its bonds or other evidence of indebtedness as provided in W.S. 11
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215.

(e)

Cooperate with, and receive from or grant assistance to, towns, cities, counties, and state and federal agencies in carrying out the purposes and provisions of this act.

(f)

No special district formed under this act shall regulate any activity which is subject to regulation under any state or federal permitting authority.

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133.

Tax levied on property in district; maximum amount; soil and water conservation fund; other appropriation authorized.

(a)

Subject to W.S. 11
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134, the county commissioners may annually levy a tax to carry out this act. The tax shall be levied upon all property in the district and shall not exceed one (1) mill on each one dollar ($1.00) of assessed valuation. The tax is not part of the general county or city mill levies. The tax shall be levied and collected as other county taxes and the county treasurer shall remit the taxes collected to the district to a separate fund to be known as the conservation district fund, which shall be used only to carry out the purposes of this act.
The tax revenues within the fund shall be used to carry out the purposes of W.S. 11
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201 through 11
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216 only to the extent the board of supervisors find the activity funded within the special project area is of a benefit to the residents of the district generally.

Section 3.
W.S. 11
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123(b) is repealed.

Section 4.
This act is effective July 1, 2005.

(END)

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HB0129