§ 14-125-303 — Powers of districts and directors

(a) A soil and water conservation district organized under the provisions of this chapter shall constitute a governmental subdivision of this state, and a public body, corporate and politic, exercising public powers. The district and the directors thereof shall have the following powers, in addition to others granted in other sections of this chapter: (1) To carry out preventive and control measures and works of improvement for flood prevention or the conservation, development, and utilization of soil and water resources and the disposal of water within the district including, but not limited to, engineering operations, methods of cultivation, the growing of vegetation, changes in use of land, and the measures listed in § 14-125-104 , on lands owned or controlled by this state or any of its agencies, with the consent and cooperation of the agency administering and having jurisdiction thereof, and on any other lands within the district upon obtaining the consent of the owner of the lands or the necessary rights or interests in the lands. When needed to carry out the purposes of the chapter within the district, works of improvement may also be carried out outside the boundaries of the district. (2) To cooperate, or enter into agreements with, and within the limits of appropriations duly made available to it by law, to furnish financial or other aid to any agency, governmental or otherwise, or any owner of lands within the district, in the carrying on of erosion-control and prevention operations and works of improvement for flood prevention of the conservation, development, and utilization of soil and water resources and the disposal of water within the district, subject to such conditions as the directors may deem necessary to advance the purposes of this chapter; (3) To obtain options upon and to acquire, by purchase, exchange, gift, grant, bequest, devise, or otherwise, any real or personal property, or rights or interests therein, within or without the district which may be needed for works of improvement for the prevention of erosion, floodwater, and sediment damages, or the conservation, development, and utilization of soil and water resources and the disposal of water; to acquire by condemnation any real property, or rights or interests therein, within or without the district, in the same manner provided by Acts 1945, No. 177 [repealed] except as otherwise provided in this chapter: (A) To maintain, administer, and improve any properties acquired; (B) To receive income from such properties and to expend such income in carrying out the purposes and provisions of this chapter; and (C) To sell, lease, or otherwise dispose of any of its property or interests therein in furtherance of the purposes and provisions of this chapter; (4) To make available, on such terms as it shall prescribe to landowners within the district, agricultural and engineering machinery and equipment, fertilizer, seeds and seedlings, and such other material or equipment, as will assist such landowners to carry on operations upon their lands for the prevention and control of soil erosion and for flood prevention or the conservation, development, and utilization of soil and water resources and the disposal of water; (5) To construct, improve, operate, and maintain such works of improvement as may be necessary or convenient for the performance of any of the operations authorized in this chapter; (6) To develop comprehensive plans for the control and prevention of soil erosion and for flood prevention or the conservation, development, and utilization of soil and water resources and the disposal of water within the district. These plans shall specify in such detail as may be possible, the acts, procedures, performances, and avoidances which are necessary or desirable for the effectuation of such plans, including the specification of engineering operations, methods of cultivation, the growing of vegetation, cropping programs, tillage practices, and changes in use of land, and to bring such plans and information to the attention of owners of lands within the district; (7) To accept donations, gifts, and contributions in money, services, materials, or otherwise from the United States or any of its agencies, from this state or any of its agencies, or from any other source and to use or expend such moneys, services, materials, or other contributions in carrying on its operations, except that all forest tree seedlings shall be obtained, insofar as available, from the State Forestry Commission in cooperation with the United States Department of Agriculture; to accept appropriations from the state upon such terms and conditions as may be imposed by law to be used in the furtherance of the purposes of the district. (8) (A) To sue and be sued in the name of the district; (B) To have a seal which seal shall be judicially noticed; (C) To have perpetual succession unless terminated as hereinafter provided; (D) To make and execute contracts and other instruments, necessary or convenient to the exercise of its powers; (E) To borrow money and to issue notes, bonds, and other evidences of indebtedness in connection therewith and to pledge, mortgage, and assign the income of the district, including special benefit taxes, and its personal property as security therefor; (F) To levy taxes based on special benefits; (G) To make, and from time to time amend and repeal rules and regulations not inconsistent with this chapter, to carry into effect its purposes and powers; (9) As a condition to the extending of any benefits under this chapter to, or the performance of work upon, any lands not owned or controlled by this state or any of its agencies, directors to require contributions in money, services, materials, or otherwise to any operation conferring such benefits, and require landowners to enter into and perform such agreements or covenants as to the permanent use of such lands as will tend to prevent or control erosion and prevent floodwater and sediment damages thereon. (b) No provisions with respect to the acquisition, operation, or disposition of property by other public bodies shall be applicable to the acquisition, operation, or disposition of property by a district organized hereunder unless the General Assembly shall specifically so state.

Legislative History

Acts 1937, No. 197, § 8; Pope's Dig., § 11840; Acts 1947, No. 338, § 1; 1959, No. 36, § 1; 1959, No. 137, § 1; 1965, No. 424, § 4; A.S.A. 1947, § 9-909.