Irrigation districts.

WORKING DRAFT
2009
STATE OF
WYOMING
09LSO-0370

HOUSE BILL
NO.
HB0124

Irrigation districts.

Sponsored by:
Representative(s) Davison, Jaggi, McKim and Thompson and Senator(s) Cooper

A BILL

for

AN ACT relating to
irrigation districts; providing for applicability of special district elections laws to irrigation district
s
;
providing for review of annual reports by county commissioners;
transferring jurisdiction over irrigation districts to county commissioners; providing conforming amendments;

repealing conflicting provisions;
and providing for an effective date.

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

Section 1.

W.S. 41
‑
7
‑
211 is created to read:

41
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7
‑
211.

Formation; applicability of special district elections law.

Except as otherwise provided in this article, f
ormation of an irrigation district shall be as provided in W.S. 22
‑
29
‑
101 through 22
‑
29
‑
601.

Section 2.

W.S. 22
‑
29
‑
103(a) by creating a new paragraph (xiv)
,
41-7-101,
41
‑
7
‑
201(a)
(intro)
and (b), 41
‑
7
‑
202, 41
‑
7
‑
203
,
41
‑
7
‑
210(a)
(intro)
,
(iii) and (v)
, 41
‑
7
‑
302
, 41-7-304, 41-7-305(a)(intro), (b), (c) and (g), 41-7-306 through 41-7-313, 41-7-318, 41-7-401, 41-7-402, 41-7-403, 41-7-404(b), 41-7-405 through 41-7-407, 41-7-409, 41-7-411, 41-7-414, 41-7-501 through 41-7-503, 41-7-505, 41-7-703, 41-7-704, 41-7-706 through 41-7-708, 41-7-711, 41-7-834, 41-7-852(a)(intro)
,
41-7-853, 41-7-854, 41
‑
7
‑
855(a)(i) and (iv),
41
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7
‑
856 through
41
‑
7
‑
859, 41
‑
7
‑
863, 41
‑
7
‑
903, 41
‑
7
‑
907, 41
‑
7
‑
913, 41
‑
7
‑
914, 41
‑
7
‑
927,
41
‑
7
‑
929(a)(ii),
41
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7
‑
1003 and 41
‑
7
‑
1006
are
amended to read:

22
‑
29
‑
103.

Applicability to special districts; general provisions.

(a)

This act applies to the following districts as specified in subsection (b) of this section:

(xiv)

Irrigation districts.

41
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7
‑
101.

Waiver of defect of service.

In case of failure to serve any notice of any proceeding or hearing in this chapter provided for upon any person or corporation, such persons or corporation may appear
in open court

before the county commissioners having authority over the district
and waive such defect of service, or may waive it by filing
in court

with the county commissioners

or delivering to the commissioners of the irrigation district to be filed
in court

with the county commissioners
a written waiver of such defect, in which waiver said defect shall be described, which waiver shall be signed by such party and witnessed and acknowledged before a proper officer having power to take acknowledgments of deeds.

41
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7
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201.

Filing of landowners' petition; contents; amendments; multiple petitions.

(a)

Whenever a majority of the freeholders owning lands and the entrymen upon public lands in any district who shall represent one-third
(1/3)
the area of lands within said district, or whenever the freeholders owning lands and the entrymen upon public lands who shall represent more than one-half
(1/2)
the area of lands within said district, desire to provide for the irrigation of the same; or to improve the existing water supply for said lands; or to purchase, extend, operate or maintain constructed irrigation works; or to cooperate with the United States under the federal reclamation laws heretofore or hereafter enacted, or for the assumption as principal or guarantor of indebtedness to the United States on account of district lands, they may file
a petition as provided in W.S. 22
‑
29
‑
107

in the
district court of the
county which embraces the largest acreage of the district,
a petition, hereinafter referred to as the "petition",
which shall include:

(b)

No petition having as many signers as are required by this section shall be declared void, but the
court

petition
may at any time
permit the petition to
be amended in form and substance to conform to the facts, if the facts justify the organization of an irrigation district.

Several similar petitions for the organization of the same district may be circulated, and when filed, shall together be regarded as one petition having as many signers as there are separate signers on the several petitions filed.

All petitions for the organization of said district filed prior to the hearing on said petition
as provided in W.S. 22
‑
29
‑
109
shall be considered by the
court

c
ounty c
ommissioners
, the same as if filed with the first petition placed on file, and the signatures thereon contained shall be counted in determining whether sufficient persons have signed said petition.

41
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7
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202.

Petitioner's affidavit.

The affidavit of any three (3) or more of the signers of said petition stating that they have examined it and are acquainted with the locality of said district and that said petition is signed by a sufficient number of corporations and adult persons owning lands in said district, to satisfy W.S. 41
‑
7
‑
201, may be taken by the
court or judge

c
ounty c
ommissioners
as sufficient evidence of the facts therein stated.

41
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7
‑
203.

Land that may be included in proposed district.

The lands proposed to be included in any irrigation district, need not be contiguous provided that the benefit of the proposed work in each part will exceed the damages from costs of said proposed work in each part; and provided further that the
court

c
ounty c
ommissioners
shall be satisfied that said proposed work can be more cheaply done if in a single district than otherwise; and provided further that lands within a town or city may be included within the limits of any irrigation district, if the creation of such irrigation district will benefit such town or city in any amount equal to or in excess of the amount of assessment for construction against the lands therein.

41
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7
‑
210.

Commissioner's

decision
.

(a)

If the issues at this hearing are decided in favor of the petitioners, the
court

county commissioners
shall make
an o
rder

a
decision
:

(iii)

Dividing the district into three (3) or five (5) subdivisions as the
court

county commissioners
may consider appropriate, which subdivisions shall be as nearly equal in size as may be practicable and which shall be designated as commissioner districts, and each district shall be numbered consecutively.

Should the district be first divided into three (3) subdivisions the same shall be thereafter increased to five (5) subdivisions, and the number of commissioners increased to five (5), provided a majority of the qualified electors voting, vote in favor of such increase at an election called for the purpose.

Said election for the increased number of districts and commissioners shall be called upon the order of the district commissioners upon receipt by them of a petition requesting such an election signed by at least thirty percent (30%) of the qualified electors of the district.

If a majority of the qualified electors voting should vote in favor of such an increase the district commissioners shall forthwith proceed to redivide the district into five (5) subdivisions as nearly equal in size as may be practicable, and commissioners shall be elected to represent all districts, as redivided, at the next general election of the district, and the terms of such commissioners and the order of their retirement shall be as provided for in the case of first election of commissioners after the formation of the district;

(v)

Shall appoint one (1) commissioner from each commissioner district, who shall be a freeholder or entryman upon public lands, in said district, provided, however, if the majority of the irrigable area of the district is unentered public land, a majority of the commissioners shall be appointed by the secretary of the interior, who shall be residents of the state.

The commissioners appointed by the
court

county commissioners
shall at all times be under the direction of the
court

county commissioners
and may be removed from office by the
court

county commissioners
upon good cause shown; provided, however, no commissioner shall be removed until written charges specifying the ground upon which such removal is sought are filed, and an opportunity given such commissioner to be heard at a hearing provided.

In case a commissioner has been removed under this provision the
court

county commissioners
shall immediately appoint a successor.

All findings
and order
of the
court

county commissioners
made at the hearing herein provided for shall be final and conclusive unless appealed from
to the supreme court
within thirty (30) days after filing thereof.

41
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7
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302.

Oath and bond; quorum; term; removal; vacancies.

Before entering upon their duties, commissioners shall take and subscribe an oath to support the constitution of the
United States
and the constitution of the state of
Wyoming
, to faithfully and impartially discharge their duties as commissioners and to render a true account of their doing to the
court

county commissioners
by which they are appointed whenever required by law
.

or the order of the court.

Commissioners shall execute a bond running to the
clerk of court

and his successors in office as obligees

county as obligee
, to be filed with the
county

clerk for the benefit of the parties interested, in an amount to be fixed by the
court or presiding judge

county commissioners
, and with sureties to be approved by the
court or presiding judge

county commissioners
, conditioned for the faithful discharge of their duties as commissioners and the faithful accounting of all monies which shall come into their hands as commissioners.

A majority shall constitute a quorum and a concurrence of a majority in any matter within their duties shall be sufficient to its determination. The commissioners appointed shall hold their office until the first regular meeting of the commissioners following the date of the order organizing the district and until their respective successors are qualified under the provisions of W.S. 41
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7
‑
316.

The commissioners appointed by the secretary of the interior shall be subject to removal from office and any commissioner appointed by the secretary of the interior to fill a vacancy shall hold office until less than a majority of the lands within the district are unentered public lands, after which the commissioners shall be elected as otherwise provided in this chapter.

If the office of any commissioner so appointed shall become vacant by reason of death, or other cause, the
court or judge thereof

county commissioners
shall appoint a qualified person to fill the vacancy.

41
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7
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304.

Financial records and reports; compensation and expenses; suit on bonds.

The commissioners shall keep an accurate record of all monies collected on account of the work under their charge and of all payments made by them, and shall take vouchers for payments and shall keep full, accurate and true minutes of all their proceedings.

On or before the tenth day of January each year in a district which uses a calendar year for elections under W.S. 41
‑
7
‑
316, and on or before the tenth day of July each year in a district which uses a fiscal year for elections under W.S. 41
‑
7
‑
316, the commissioners shall file in the office of the
clerk of the court

county
commissioners
having jurisdiction in the matter, an itemized statement of all their receipts and disbursements, for the preceding fiscal year, and leave the report in the office for examination by parties interested at all times, and include a copy thereof in the regular call for the annual meeting hereinafter provided.

They shall receive for their services compensation as the
court or presiding judge thereof

county commissioners
may determine.

They shall also be reimbursed for their actual reasonable expenses.

Suit may also be brought upon their bonds, and the amount recovered shall be applied to the construction of the work or to the party injured, as justice may require.

41
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7
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305.

Maps and plans of proposed work; reports to county commissioners generally.

(a)

As soon as may be after the organization of said district, or within such time as the
court

county commissioners
may direct, said
district

commissioners shall proceed to have all necessary levels taken and surveys made, and shall lay out said proposed work, make a map thereof and plans, profiles and other specifications thereof, and report in writing to the
court

county commissioners
:

(b)

If it be found necessary to change the boundaries of said proposed district, previously fixed, they shall report said proposed change, and, if possible, shall report the names, the residence and post-office addresses of the owners or persons entitled to possession of all lands affected by said change in boundaries, but no such change in boundaries shall be made as to deprive the
court

county commissioners
of jurisdiction; provided, however, that the owners and those entitled to possession, by virtue of public land filing, of lands adjacent to the district, petition to have their lands brought into the district such petitioners may be considered the same as the original petitioners in making changes of boundaries.

(c)

They shall also determine and report to the
court

county commissioners
the total itemized amount as near as they can determine, that said proposed work will cost, including organization expenses and the unit cost upon which the assessments are based, which shall be designated as "cost of construction".

(g)

The commissioners shall further report to the
court

county commissioners
the probable cost of keeping said proposed work in repair after it is completed.

41
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7
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306.

Power to alter location of irrigation works; power of
county commissioners
to alter plans proposed by commissioners.

The commissioners shall not be confined to the points of location, commencement, routes or termini of the reservoirs, canals, ditches or other work, or the number, extent or size of the same, as proposed by the petitioners, but shall locate, design, lay out and plan same in such manner as to them shall seem best to promote the public welfare, and to reclaim or benefit the lands of the parties interested with the least damage and greatest benefit to all lands affected thereby.

And any plan proposed by the commission, 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,

county commissioners
in such manner as shall appear to the
court

county commissioners

to be just.

41
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7
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307.

Exclusion or inclusion of lands in district; review of report by
county commissioners
generally.

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, be altered by the
court

county commissioners
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

county clerk
.

41
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7
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308.

Hearings on commissioners' report; filing of objections; notice generally.

Upon the filing of the said report, the
court or judge thereof

county commissioners
, shall
make and enter an order fixing

fix
the time and place when and where all persons interested may appear and object to the confirmation thereof.

All objections shall be in writing and shall clearly specify the grounds of objection and shall be filed in the office of the
clerk of court

county commissioners
wherein said report is filed at least five (5) days prior to the date set for the hearing.

The
clerk of said court

county commissioners
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 the several tracts, parcels, easements and corporations to which damages are awarded, and the sum in each case assessed for benefits and cost of construction against the several benefited parcels, tracts, easements and corporations, and the amount of water apportioned to each acre of land in the district.

Said notice shall be published for at least three (3) consecutive 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 in which any lands of the proposed district are situated, at least twelve (12) 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.

41
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7
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309.

Hearings on commissioners' report; notice when land situated in more than 1 county.

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

original petition is filed
shall contain a description of all the lands in said proposed district, the damages awarded to the several parcels thereof and the amounts assessed for benefits 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 benefits against the several tracts, parcels, easements and interests situate in said county for which publication is made. In case of service of said notice personally or the acceptance and waiver thereof of all the owners of the lands within the district, said service shall be sufficient and give the
court

county commissioners
jurisdiction without said publication.

41
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7
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310.

Hearings on commissioners' report; procedure when report requires modification.

If the
court
finds
county commissioners
find
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.

41
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7
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311.

Hearings on commissioners' report; confirmation of report.

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

county commissioners

shall confirm the report and the
order of the
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,

and the said
order of
confirmation shall also fix the commissioners' bond.

41
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7
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312.

Hearings on commissioners' report; revision of confirmation.

Said
order of
confirmation may, at the same or at any subsequent
term of said court

time
be revised, modified or changed, in whole or in part, on petition of the commissioners, after such notice as the
court

county commissioners

may require to parties interested.

At any time prior to
making the order
confirming said report or thereafter, the
court

county commissioners

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

county commissioners

shall direct, the
court

county commissioners

may, upon the hearing in said matter, make such
order

findings
as the case may require.

41
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7
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313.

Hearings on commissioners' report; payment of costs when objections dismissed.

In case the petition or proceedings are dismissed as provided herein,

the county commissioners may file a claim in district court and request
a judgment
shall be entered
against the petitioners and in favor of the commissioners for the costs, expenses, and liabilities incurred in said proceedings, 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.

Before any such judgment is entered, said commissioners shall
file with the clerk of the district court, in which said proceedings were instituted,

prepare
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 motion need not contain an itemized statement of said account.

All petitioners shall, among themselves, contribute in the payment of said
,

Any
judgment

awarded by a court shall be paid by all petitioners
in proportion to the number of acres of land they have within the boundaries of the proposed district at the time of filing said petition.

41
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7
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318.

Election; validity; qualifications of candidates; vacancies in office; duties of elected commissioners.

No person shall be declared elected as a commissioner who shall not be a landowner in said commissioner district and who shall not have received a majority of all votes cast by the qualified voters of said commissioner district.

No election shall be invalid by reason of the fact that a majority of the acreage within the district was not represented at such election.

Whenever the office of any elected commissioner shall become vacant by reason of death, resignation or other cause, the vacancy shall be filled by the surviving commissioners for the unexpired term.

In case such vacancy is not so filled within thirty (30) days, the
court

county commissioners
shall fill such vacancy.

All elected commissioners shall have the same qualifications and duties as herein prescribed for appointed or elected commissioners.

41
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7
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401.

Payment in installments; construction contracts with United States generally; default in payments as lien; exception; power of commissioners to enforce payment.

At the time of the confirmation of any assessment provided for in this article, it shall be competent for the
court

county commissioners
to
order

require
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

county commissioners
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 rates not to exceed seven percent (7%) per annum, as may be fixed by the
court

county commissioners
; provided, however, that it shall be competent for the
court

county commissioners
, in case a contract is made between the United States of America and an irrigation district for the construction or sale of irrigation works and water rights, to
order

require
the charges to be paid in accordance with the provisions of an act of congress approved December 5, 1924, entitled: "An act making appropriations to supply deficiencies in certain appropriations for the fiscal year ended June 30, 1924, and prior fiscal years; to provide supplemental appropriations for the fiscal year ending June 30, 1925; and for other purposes," and all acts that may be hereafter enacted as amendatory thereof or supplemental thereto, and in such installments as fixed by contract between the district and the United States.

The annual levy for payment of construction charges on the basis herein authorized shall continue to be made each year against each tract of land in the district against which benefits under such contract with the United States have been apportioned, until the full amount apportioned against the same has been paid; 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, after they become due, shall draw interest at six percent (6%) per annum.

All assessments provided for in this article, together with all interest thereon and all penalties for default in payment of same, and all costs of collecting the same shall, from the date of the
order of court confirming

confirmation of
such assessments until paid, constitute a perpetual lien in an amount not in excess of the benefits severally assessed, upon all the land and other property against which such assessments shall be levied, superior to all liens of every kind and nature whatsoever except the paramount lien of the state for the general state, county, city, town or school taxes, and no sale of such property to enforce any general state, county, municipal, or school tax, or other lien shall extinguish the perpetual lien of such assessments; and such assessments shall also be a lien upon all equities or interests in existing water appropriations for the irrigation of said lands when the title to said lands is vested in the United States, and when said water appropriations have attached to said lands. The commissioner shall have the power to enforce payment of such assessments, and all assessments by them duly levied and confirmed, by shutting off the supply of water to any and all lands upon which assessments are due and unpaid, and may refuse to deliver water to such lands until such assessments are paid.

Any person having an interest in land assessed for construction may at any time within thirty (30) days after the confirmation of said report, pay to the
court

county commissioners
the amount of the assessment against his land or any tract thereof.

Said payment shall relieve said land and water rights from the lien of said assessments for the cost of construction; provided, however, that any district organized within a federal irrigation project for co-operation between such districts and the United States, may contract and agree in connection with the acquisition of irrigation works and water rights and the taking over of the care, operation and control of the same from the United States, that each tract or parcel of land shall pay the charges conformed in the assessments against such tract or parcel of land, and that liability for charges thus assessed may by contract be conformed and limited to the particular tract or parcel of land in question and if so contracted, shall not be imposed as a charge or
i
ncumbrance
upon other parcels or tracts of land within the district.

41
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7
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402.

Due dates; annual budget of district; hearings on budget; petition for additional funds; hearings on petition.

(a)

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 irrigation district shall on or before the first Tuesday of June of each year file with the
clerk of the court

county commissioners
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

county commissioners
, the
judge

county commissioners
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

determination
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 .... district for the year (year)" and also be verified under oath by any one (1) of the commissioners.

(b)

The commissioners of any irrigation district within the state of
Wyoming
are hereby forbidden to 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

county commissioners
having jurisdiction of said district.

Immediately upon the filing of said petition the
court

county commissioners

shall
make an order fixing

fix
the time and place of hearing and directing the form and manner of notice thereof to be given if the
court

county commissioners

deem such hearing advisable.

If the
court

county commissioners

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

county commissioners
, 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.

41
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7
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403.

Preparation of assessment roll; contents; how apportioned; certification by county commissioners; delivery to county assessors.

It shall be the duty of the commissioners of each irrigation district, on or before the third Monday in July in each year to prepare an assessment roll of said district, which shall contain the name of the owner, 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

county commissioners

against the same; 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 to meet the principal and interest on the indebtedness of the district for the current year, shall be apportioned on the aggregate assessment of benefits last confirmed by the
court

county commissioners
.

All such assessments for current expenses shall be based upon irrigable acreage and shall be uniform as to irrigable lands receiving the maximum apportionment of water from said district, and as to irrigable lands receiving less than such maximum apportionment such assessment shall bear the same proportion as the amount of water apportioned to such lands bears to the maximum apportionment of water to other lands in such district. Provided however, that the commissioners of any irrigation district may, in their discretion, provide for a minimum annual assessment for current expense.

When such assessment roll is completed it shall be signed by the commissioners of said district, and verified by any one (1) of them.

On or before the third Monday in July of each year the commissioners of the irrigation district shall deliver to the county commissioners of the county having jurisdiction of such irrigation 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 districts.
41
‑
7
‑
404.

Collection; disposition; enforcement.

(b)

The revenue laws of this state for the collecting of taxes on real estate for county purpose, 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 an irrigation district collected by the county treasurer shall be the property of such district, and shall be turned into the bond interest fund, 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 assessments 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 irrigation 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 irrigation district 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 irrigation district assessments and shall issue separate certificates of sale therefor.

In offering such real estate for sale for irrigation district 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 the treasurer shall not attempt to secure a higher bid.

In case no purchaser appears to purchase the land offered for sale for such delinquent assessments the county treasurer shall make an entry on his delinquent tax roll "sold to .... 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 an irrigation 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 such assessment, the county treasurer shall issue a deed therefor to the purchaser at said sale, his heirs or assigns.

The irrigation district purchasing such land at said tax sale shall have all the rights 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

county commissioners
.

The procedure for the issuing of tax 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.

41
‑
7
‑
405.

Additional assessments generally.

If any assessment for construction, operation, maintenance or repair that the commissioners shall have reported to the
court

county commissioners

is a smaller sum than is needed to carry out the purpose for which said assessment has been made, or if in any year an additional sum is necessary to pay the principal or interest on lawful indebtedness of the said irrigation district, further or additional assessments on the lands and persons benefited shall be made by the commissioners of said irrigation district under the
order

direction
of the
court, or presiding judge thereof,

county
commissioners
upon such notice as the
court

county commissioners

may direct, which further or additional assessment may be made payable in installments as specified herein, and shall be treated and collected in the same manner as the original assessments confirmed by the
court

county commissioners

in said irrigation district.

41
‑
7
‑
406.

Omissions; effect on other lands; duty of commissioner.

Omission to assess benefits, or to assess for construction, or to make additional assessment, or to make assessment for operation, maintenance or repairs against any land or person which should have been assessed, or to award damages to any one (1) or more tracts of lands or easements in an irrigation district shall neither affect the jurisdiction of the
court

county commissioners

to confirm the report nor to render the benefits assessed, or the assessments for construction, or additional assessments, or assessments for operation, maintenance, or repairs against other lands, or assessments against any person voidable, but the commissioners of said irrigation district shall thereafter, as soon as they discover the omission, or receive notice thereof, either agree with the omitted parties upon the proper award or assessments and award the damages or make such assessment of benefits or assessments for construction, operation, maintenance or repair, 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

county commissioners
.

41
‑
7
‑
407.

Omissions; procedures generally.

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

with the county commissioners
.

41
‑
7
‑
409.

Bonds; refunding procedures.

The
court

county commissioners
may, upon the petition of the commissioners, authorize them to refund a 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 come 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
county commissioners deem
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, and bearing interest.

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 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 such purposes, but not in excess of the benefits assessed against the same.

41
‑
7
‑
411.

Damages to landowners to be paid before entry for construction; exceptions; when entry prior to assessment authorized.

The damages allowed to the owners of lands shall be paid or tendered before the commissioners shall be authorized to enter upon the lands, for damage to which the award is made, for the construction of any reservoirs, canals, ditches, or other work proposed thereon.

If the owner is unknown or there shall be a contest in regard to the ownership of the lands, or the owner will not receive payment, or there exists a mortgage or other lien against the same, or the commissioners cannot for any other reason pay him, they may deposit the said damages with the
clerk of the court

county commissioners
, for the benefit of the owner, or parties interested, to be paid or distributed as the
court

county commissioners

shall direct, and such payment shall have the same effect as the tender to and acceptance of the damages awarded by the true owners of the land.

This section shall not, however, prevent said commissioners, their agents, servants, and employees from going upon said lands to do any and all work found necessary prior to making their assessment of benefits and award of damages, and the trial on their report thereof.

41
‑
7
‑
414.

When assessments to be judgments against land; manner of collection.

Each and every sum assessed in any irrigation district organized in the manner herein provided, as soon as such assessment is confirmed by the
court

county commissioners
, shall be and is declared to be a
judgment of the district court

lien
in favor of said irrigation district and against the land so assessed, and unless some other method of collection is herein provided,
shall be collected in the same manner as any other money judgment, provided, that whenever said assessment is a lien upon land it
shall only be collected on said land on which it is a lien.

41
‑
7
‑
501.

Warrants for expense of survey authorized.

The duly appointed, qualified and acting commissioners of an irrigation district, having complied with the provisions of W.S. 41
‑
7
‑
302, are hereby authorized to issue warrants of said district bearing interest at the rate of six percent (6%) per annum up to the amount set by the
judge of the district court of the judicial district wherein such district was organized

county commissioners
for the purpose of making the surveys necessary to present their first report as provided in W.S. 41
‑
7
‑
305, and to defray other necessary expenses of the district, prior to the said first report and the assessment of benefits, upon complying with the procedure set out hereinafter.

41
‑
7
‑
502.

Petition for authority to issue warrants; notice of hearing; objections.

Whenever the commissioners of an irrigation district, after their appointment and qualification, shall wish to avail themselves of the provisions of W.S. 41
‑
7
‑
501, they shall file
in the district court

with the county commissioners
wherein such district was organized, a petition for authority to issue interest-bearing warrants, setting out the necessity for such issuance, the amounts of warrants to be issued and the purpose thereof; the
judge of said court

county commissioners
shall thereupon
, by order,
set a date for hearing said petition and notice of such hearing, setting out briefly the purpose thereof, shall be published for one (1) consecutive week in a newspaper of general circulation in the county wherein the district or the greater portion thereof is situate, the last publication of said notice shall be at least ten (10) days prior to the date set for said hearing and any protests or objections to the said petition must be in writing, setting out the grounds of such protest or objection, signed and verified by the protestant or objector, and filed in the proceeding at least five (5) days prior to the date set for said hearing.

41
‑
7
‑
503.

Petition for authority to issue warrants; hearing generally; decree generally; appeal.

Upon the date set for the hearing of said petition, the
judge

county commissioners
shall hear evidence in support thereof and in support of any protests or objections properly filed and shall hear and determine all proper issues presented by said petition and any protests or objections which there may be and the
judge

county commissioners

shall enter
his
order

their
decision
in accord with such evidence; if, in the discretion of the
court

county commissioners

the petition should be granted
he

they
shall make
his
order

the
decision
authorizing the issuance of such interest-bearing warrants, setting the amount of such warrants which may be issued and the purpose for which such warrants may be used; such
order

decision
will become final and conclusive unless appealed from within thirty (30) days of the date of its entry.

41
‑
7
‑
505.

Assessment roll when assessments not yet approved or confirmed; equalization of assessments; levy.

It shall be the duty of the commissioners of each irrigation district in which an assessment for benefits and construction has not theretofore been approved or confirmed by the
court

county commissioners

to prepare an assessment roll of said district which shall contain the name of the owner, together with a description of each tract, lot and easement of land within said district, together with the aggregate assessment levied or assessed against each lot, tract and easement of land therein.

All such assessments to meet the authorized expenditures of said district shall be apportioned among the various landowners owning lands within said irrigation district in such manner that each irrigable acre of land, as returned for assessment purposes by the county assessor, and as thereafter amended or confirmed by the county board of equalization, shall bear an equal part or portion of the total of said assessments as its assessed irrigable area, as returned by the county assessor, bears to the total irrigable area of land, returned by the county assessor, within said irrigation district.

Such assessment roll of the district shall be signed by the commissioners thereof and verified by any one (1) of them.

On or before the fourth Monday in May of each year the commissioners of any such irrigation district shall deliver to the county commissioners of the county having jurisdiction of such irrigation district, the assessment roll of said district by filing the same in the office of the proper county clerk.

The county commissioners of said county, acting as a board of equalization shall proceed to hear any and all complaints or objections thereto and correct, equalize and complete the same in such manner that said assessments listed in said assessment roll shall be equitably and ratably apportioned equally among the various irrigable lands included within said irrigation district.

At the time of making the requisite tax levy for county purposes, the county commissioners of said county shall levy and assess against each tract, lot and easement of land, the respective amounts levied and assessed against the same upon said assessment roll as revised and corrected by them.

Thereupon the county commissioners shall certify to and deliver said assessment roll to the county assessor of said county and in case the territory embraced in said district is located in two (2) or more counties, separate assessment rolls and proceedings shall be had and taken in each separate county, as required herein, but the assessment rate per irrigable acre as determined by the county commissioners having jurisdiction
in the county in which the court proceedings are handled for said district
shall be the rate per irrigable acre used by the county commissioners in all other counties in said district.

Upon receipt of said assessment roll, the assessor of the county embracing any of the lands of said district shall extend upon the tax rolls of such county, the respective amounts levied against each lot, tract and easement of land as shown by said assessment roll of said district.

41
‑
7
‑
703.

Report made to
county commissioners
.

Upon the adoption of such a resolution, the said commissioners shall file an appropriate report with the
district court of the
county

c
ommissioners
having jurisdiction of said irrigation district proceeding of the same nature and kind as provided in W.S. 41
‑
7
‑
305 through 41
‑
7
‑
307, for the construction of irrigation works.

41
‑
7
‑
704.

Hearing on objections to report.

Upon the filing of the said report, the
court or judge thereof

county commissioners
shall
make an order fixing

fix
the time and place when and where all persons interested may appear and object to the confirmation thereof and all of the provisions of W.S. 41
‑
7
‑
308 through
41
‑
7
‑
314
41
‑
7
‑
31
3
, shall be followed and be applicable thereto.

41
‑
7
‑
706.

Notices; contents.

Such notice shall show the
court

county

in which said petition is filed, give a general description of the proposed works, state the time and place fixed by the
court

county commissioners

when and where the hearing on said petition will be had, and it shall require all persons interested to appear at the time and place therein stated, then and there to show cause if any they have, why said irrigation district should not proceed with plans and specifications for the construction or purchase as need be of the incidental necessary and required works for the development, distribution and sale of hydroelectric energy and power.

41
‑
7
‑
707.

Decision
of
county commissioners
authorizing project; procedure commissioners to follow.

If the
court

county commissioners

at the hearing so petitioned for, noticed and held shall decide the issues in favor of the petitioners the
court

county commissioners

shall
enter an order approving and confirming

approve and confirm
the petition and authorize the commissioners of said district to proceed as provided in the irrigation district laws of the state of Wyoming, and in particular as provided in W.S. 41
‑
7
‑
305 through 41
‑
7
‑
315, and the amendments thereof, to make investigations, surveys and lay out said proposed work, to make maps, plans and profiles and other specifications thereof and to negotiate for the purchase of needed works and equipment as is required and report their findings to the
court

county commissioners

for a hearing thereon which said plans, proposals, etc. shall be subject to change and amendments as might be beneficial and as provided in said irrigation district laws of the state of Wyoming.

41
‑
7
‑
708.

Approved project may proceed as incident to existing system; disposition of excess energy.

After the approval of the
court

county commissioners

the board of commissioners of said irrigation district shall be authorized to proceed with the construction, acquisition or purchase of all works and equipment required to provide for the generation, distribution and sale of hydroelectric energy and power as an incident to its existing or proposed water storage and distribution system and that it shall have the power to sell, distribute or otherwise dispose of hydroelectric energy not necessary for the uses and purposes of the district.

41
‑
7
‑
711.

Assessments for power project to be determined; reported to
county commissioners
.

The commissioners shall likewise determine the portion of assessments, if any, which is attributable to the cost of the properties and works which are necessary to be used in connection with the generation, distribution and sale of electric energy and power and the same shall be reported to and be one (1) of the items for determination and confirmation of the
court

county commissioners
.

41
‑
7
‑
834.

Filing of certificate of change.

If the vote shows that the transformation has been authorized by the district, the secretary shall file a certificate to that effect
in the office of the clerk of court in the counties embraced within the district

with
the
board of county commissioners which would have jurisdiction over the district under W.S. 41
‑
7
‑
201
and a duplicate copy with the state engineer; thereafter said district shall proceed to act under the provisions of chapter 122, article 7, Wyoming Revised Statutes 1931, and any and all acts supplementary thereto or amendatory thereof and shall have all of the rights, powers and obligations as if originally organized under said chapter and article.

41
‑
7
‑
852.

Report made to
county commissioners
; contents.

(a)

Upon the adoption of such a resolution, the said commissioners shall file an appropriate report with the
district court of the county

board of county commissioners
having jurisdiction of said irrigation district proceeding, stating in general the desirability of said district to have and obtain the rights, powers and authority of an irrigation and public power district, which report shall include:

41
‑
7
‑
853.

Hearing on proposal.

Upon such petition being filed the
court or judge thereof

county commissioners
shall
make an order fixing

fix
a time and place of hearing thereon and require notice of the time and place of such hearing to be given thereon
.

by the clerk of said court.

41
‑
7
‑
854.

Notice of hearing; publication.

The
clerk of said court

county commissioners
shall give notice of the filing of said petition and of the time and place of hearing thereon to any and all persons interested therein by publishing a copy of said order at least once a week for three (3) consecutive weeks in a newspaper published in each county within which any of the lands of the said irrigation district is situated.

If there be no newspaper in any such county, such notice may be published in a newspaper published in an adjoining county.

41
‑
7
‑
855.

Notice of hearing; contents.

(a)

Such notice shall disclose:

(i)

In what
court

county

said petition is filed;

(iv)

The time and place fixed by the
court

county commissioners
, when and where the hearing on said petition will be heard;

41
‑
7
‑
856.

Decision
of
county commissioners
authorizing change.

If the
court

county commissioners

at the hearing so petitioned for, noticed, and held, shall decide the issues in favor of the petitioners, the
court

county commissioners

shall
enter an order approving and confirming

approve and confirm
the petition, amend the name of said irrigation district to show that it is also a public power district, and authorize said district to have and receive all of the rights, powers and authority of a "public power district" in addition to all of the rights, powers and authority given to and enjoyed by it as an irrigation district under the laws of the state of Wyoming.

41
‑
7
‑
857.

Submission of proposal to vote of landowners and entrymen.

In the event the board of commissioners by a majority vote, or the
court

county commissioners

by an appropriate
order

decision
, shall request or determine that a vote should be had of the landowners and entrymen within the district on the question of whether or not the said irrigation district should acquire the rights, powers and authority of a "public power district", then the matter shall be submitted to the landowners and entrymen of the district at either a regular or special election, at a time and place or places, to be designated by the commissioners of the district under the
order

direction
of the
court

county commissioners

to be held under the same rules and in the same manner as elections are held for commissioners within an irrigation district.

41
‑
7
‑
858.

Effect of vote on
county commissioners
.

In the event such an election be had the result thereof shall be certified to the
court

county commissioners

and shall be advisory and determinative of the final
order

decision
to be presented on the question of whether or not said irrigation district should receive all of the rights, powers and authority of a public power district.

41
‑
7
‑
859.

County commissioners'

decision
vests powers.

Upon the entry of
an
order

a
decision
of the
court

county commissioners

authorizing or approving the receipt by an existing irrigation district of the rights, powers and authority of a public power district, then it shall have and receive all of said rights, powers and authority as are given and granted to a public power district by the provisions of chapter 123, Session Laws of Wyoming, 1937 and the amendments thereof as now codified and compiled in W.S. 41
‑
7
‑
101 through 41
‑
7
‑
1006 and any existing amendments thereof.

41
‑
7
‑
863.

Report of proposed construction to
county commissioners
; apportionment of irrigation and power costs.

Prior to the starting of any construction work thereon, the commissioners shall report the purpose, whether for irrigation or power for which any of said works is to be constructed; and shall recommend to the
court

county commissioners

an equitable and fair division and distribution of the cost thereof as between irrigation and power; and the
court

county commissioners

upon the hearing for the authorization thereof, shall fix and determine the proportionate amount as between the irrigation and power works or features which shall be beneficial and chargeable to the irrigation portion and the power portion thereof and the
order

decision
of the
court

county commissioners

thereon shall be determinative and final thereon.

41
‑
7
‑
903.

Designation of revenue from which principal or interest payable.

If in the judgment of the board of commissioners of any irrigation district or combined irrigation and public power district it is desirable that the principal or interest or both, of any of its bonds or any part of the principal or interest thereof be payable solely from revenue designated by the board of commissioners, it, with the approval of the
court

county commissioners

after a hearing thereon may so provide by resolution adopted at or prior to the time of the issuance of such bonds.

41
‑
7
‑
907.

Designation of revenue releases district and officers from payment otherwise.

If any board of commissioners with the approval of the
court

county commissioners

provides that the principal or interest or both of any bonds or any portion of the principal or interest or both shall be payable solely from designated revenue, neither the district nor any officer thereof shall be held for payment otherwise.

41
‑
7
‑
913.

Allocation of revenue to reserve fund.

Any sources of revenue of any district may by order of its board of commissioners with the approval of the
court

county commissioners

be irrevocably allocated to a reserve fund established to pay the interest or principal of any bonds.

41
‑
7
‑
914.

Bonds may be made redeemable before maturity.

With the approval of the
court

county commissioners

a district may by resolution of its board of commissioners adopted at or prior to the time of issuing any bonds then proposed to be issued, provide for the call and redemption prior to their fixed maturity of any of the bonds.

41
‑
7
‑
927.

Approval of private sale required.

No sale of bonds at private sale shall be valid unless approved by the
court

county commissioners
, or public service commission.

41
‑
7
‑
929.

Refunding bonds sold or exchanged for bonds or warrants.

(a)

Any refunding bonds may be either:

(ii)

Exchanged for other bonds or warrants of the district upon terms approved by the
court

county commissioners
.

41
‑
7
‑
1003.

Election; conduct; certification of result; report of district indebtedness.

If at any such election which shall be conducted in the same manner as is now provided by law for the conduct of annual elections in irrigation districts, a majority of all the qualified votes in the district shall be in favor of the dissolution of such district, the commissioners of such district shall forthwith certify to the
district court having jurisdiction of such district

county commissioners
the result of such election, and at the same time shall report to the
court

county commissioners

the amount and character of the then existing indebtedness of the district.

In the event the question of the dissolution of such district does not carry at such election the question shall not again be raised for a period of one (1) year.

41
‑
7
‑
1004.

H
earing on results of election; generally.

Upon the filing of the commissioner's report and return of election,
an o
rder shall be made and entered by
the
court
fixing

county commissioners
shall fix

the time and place for a hearing thereon, at which time and place all creditors and other persons interested may appear and show cause why said district should not be dissolved.

41
‑
7
‑
1006.

Hearings; final settlement.

Upon said hearing, the
court

county commissioners

must find, on the evidence submitted, if the district be
ordered
dissolved, that the best interests of all parties interested will be served by the proposed dissolution, and shall determine the amount of the existing indebtedness of such district, if any, and shall
make an order requiring

require
the payment of the same.

Upon the filing by the commissioners of proper receipts, showing payment of all indebtedness against the district, the
court

county commissioners

shall thereupon
make a final order dissolving

finally dissolve
such district, and
in said order
the
court

county commissioners

may provide for a receiver who shall have full authority to collect and distribute any assets of property formerly belonging to said district, and who shall be guided by and shall comply with the provisions of W.S. 1
‑
33
‑
101 through 1
‑
33
‑
110, in the performance of his duties.

Section 3.

W.S. 41
‑
7
‑
20
4
through 41
‑
7
‑
2
08
are repealed.

Section
4
.

After the effective date of this act, all existing proceedings overseeing irrigation districts in district courts shall be dismissed and all existing irrigation districts shall begin reporting to the boards of county commissioners applicable under W.S. 41
‑
7
‑
201 as amended by this act.

Section 5
.

This act is effective July 1, 2009.

(END)

1
HB0124