(a) The board shall have power on behalf of said
districts:
(i) To have perpetual succession;
(ii) To take by appropriation, grant, purchase,
bequest, devise or lease, and to hold and enjoy water, water
works, water rights and sources of water supply; and any and all
real and personal property of any kind within or without the
district necessary or convenient to the full exercise of its
powers; and to sell, lease, encumber, alien or otherwise,
dispose of water, water works, water rights and sources of water
supply for use within the district, and any and all real and
personal property of any kind within or without the district;
also to acquire, construct or operate, control and use any and
all works, facilities and means necessary or convenient to the
exercise of its power, both within and without the district for
the purpose of providing for the use of such water within the
district and to do and perform any and all things necessary or
convenient to the full exercise of the power herein granted.
Title to all rights and property acquired by any water
conservancy district organized under this act shall immediately
and by operation of law vest in such district in its corporate
name; such property shall be held for the uses and purposes of
the district, and shall be exempt from all state, county,
municipal, school, and other taxes imposed by any taxing
authority of the state of Wyoming;
(iii) To have and to exercise the power of eminent
domain and in the manner provided by law for the condemnation of
private property for public use to take any property necessary
to the exercise of the powers herein granted;
(iv) To construct and maintain works and establish
and maintain facilities across or along any public street or
highway, and in, upon, or over any vacant state lands which
lands are now, or may become, the property of the state of
Wyoming and to construct works and establish and maintain
facilities across any stream of water or water course;
providing, however, that the district shall promptly restore any
such street or highway to its former state of usefulness as
nearly as may be, and shall not use the same in such manner as
to completely or unnecessarily impair the usefulness thereof.
The grant of the right to use such vacant lands shall be
effective upon the filing by such district with the state board
of land commissioners of an application showing the boundaries,
extent and locations of the lands, rights-of-way, or easements
desired for such purposes. If the land, rights-of-way or
easements for which application shall be made is for the
construction of any aqueduct, ditch, pipeline, conduit, drains,
tunnel, or other works for the conveyance of water, or for
roads, or for poles or towers, and wires for the conveyance of
electrical energy or for telephonic or telegraphic communication
no compensation shall be charged the district therefor, unless
in the opinion of the state board of land commissioners the
construction of such works will render the remainder of the
legal subdivision through which such works are to be constructed
valueless or unsaleable, in which event the district shall pay
for the lands to be taken and for such portion of any legal
subdivision which in the opinion of the board is rendered
valueless or unsaleable, at the rate of ten dollars ($10.00) per
acre. If the lands for which application is made are for the
purposes other than the construction of roads or works for the
conveyance of water, or electricity or telephonic or telegraphic
communication, such district shall pay to the state for such
lands at the rate of ten dollars ($10.00) per acre. Upon filing
such application, accompanied by map or plat showing the
location or proposed location of such works and/or facilities,
the fee title to so much of such state lands as shall be
necessary or convenient to enable such district efficiently and
without interference to construct, maintain and operate its
works and to establish, maintain and operate its facilities,
shall be conveyed to said district by patent. If an easement for
right-of-way only over such lands be sought by the district,
such easement or right-of-way shall be evidenced by permit or
grant executed by or on behalf of the state board of land
commissioners. The state board of land commissioners may reserve
easements and/or rights-of-way, in the public, across any lands
in such patents, grants or permits described for streets, roads
and highways theretofore established according to law. Before
any such patent, grant or permit shall be executed, any
compensation due to the state under the provisions hereof, must
be paid. No fee shall be exacted from the district for any
patent, permit or grant so issued or for any service rendered
hereunder. In the use of streets, the district shall be subject
to the reasonable rules and regulations of the county, city or
town where such streets lie, concerning excavation and the
refilling of excavation, the relaying of pavements and the
protection of the public during periods of construction;
provided, that the district shall not be required to pay any
license or permit fees, or file any bonds. The district may be
required to pay reasonable inspection fees;
(v) To contract with the government of the United
States or any agency thereof or with an agency of the state of
Wyoming for the construction, preservation, operation and
maintenance of water supply works, drains, pipelines, tunnels,
reservoirs, regulating basins, diversion canals and works, dams,
power plants and all necessary works incidental thereto,
including supply canals, farm laterals, and distribution and
drainage systems of all kinds, and to acquire perpetual rights
to the use of water from such works, to sell and dispose of
perpetual rights to the use of water from such works to persons
and corporations, public and private;
(vi) To list in separate ownership the lands within
the district which are susceptible of irrigation from district
sources and to make an allotment of water to all such lands,
which allotment of water shall not exceed the maximum amount of
water that the board determines could be beneficially used on
such lands; to levy assessments as hereinafter provided, against
the lands within the district to which water is allotted on the
basis of the value per acre-foot of water allotted to said lands
within the district; provided, that the board may divide the
district into units and fix a different value per acre-foot of
water in the respective units, with due regard to land
classification, and in such case shall assess the lands within
each unit upon the same basis of value per acre-foot of water
allotted to land within such unit;
(vii) To fix rates at which water not allotted to
lands as hereinbefore provided shall be sold, leased or
otherwise disposed of; provided, however, that rates shall be
equitable although not necessarily equal or uniform, for like
classes of service throughout the district;
(viii) To enter into contracts, employ and retain
personal services and employ laborers; to create, establish and
maintain such offices and positions as shall be necessary and
convenient for the transaction of the business of the district;
and to elect, appoint and employ such officers, attorneys,
agents and employees therefor as shall be found by the board to
be necessary and convenient;
(ix) To adopt plans and specifications for the works
for which the district was organized, which plans and
specifications may at any time be changed or modified by the
board. Such plans shall include maps, profiles, and such other
data and descriptions as may be necessary to set forth the
location and character of the works, and a copy thereof shall be
kept in the office of the district and open to public
inspection;
(x) To appropriate and otherwise acquire water and
water rights within or without the state; to develop, store and
transport water; to subscribe for, purchase and acquire stock in
canal companies, water companies and water users' associations;
to provide, sell, lease, and deliver water for municipal,
domestic, transportation, industrial, manufacturing, irrigation,
power, recreation, and any and all other beneficial uses and to
derive revenue and benefits therefrom; to fix the terms and
rates therefor; and to make and adopt plans for and to acquire,
construct, operate and maintain irrigation, and water
distribution and drainage systems, dams, reservoirs, canals,
conduits, pipelines, tunnels, power plants and any and all
works, facilities, improvements and property necessary or
convenient therefor, and in the doing of all of said things to
obligate itself and execute and perform such obligations
according to the tenor thereof; provided, however, the sale,
leasing and delivery of water for irrigation, domestic, and
transportation purposes as hereinbefore provided shall only be
made for use within the district;
(xi)(A) To invest any surplus money in the
district treasury, including such money as may be in any sinking
fund established for the purpose of providing for the payment of
the principal or interest of any contract, or bonded, or other
indebtedness or for any other purpose, not required for the
immediate necessities of the district in its own bonds, or in
treasury notes or bonds of the United States, or of this state,
and such investment may be made by direct purchase of any issue
of such bonds or treasury notes, or part thereof, at the
original sale of the same, or by the subsequent purchase of such
bonds or treasury notes. Any bonds or treasury notes thus
purchased and held may, from time to time be sold and the
proceeds reinvested in bonds or treasury notes as above
provided. Sales of any bonds or treasury notes thus purchased
and held shall, from time to time, be made in season so that the
proceeds may be applied to the purposes for which the money with
which the bonds or treasury notes were originally purchased were
placed in the treasury of the district;
(B) The functions and duties authorized by
subdivision (xi)(A) of this section shall be performed under
such rules and regulations as shall be prescribed by the board.
(xii) To refund bonded indebtedness incurred by the
district under and pursuant to such rules and regulations as
shall be prescribed by the board;
(xiii) To borrow money and incur indebtedness and to
issue bonds or other evidence of such indebtedness;
(xiv) To adopt bylaws not in conflict with the
constitution and laws of the state for carrying on the business,
objects and affairs of the board and of the district.