§ 41-3-773 — Methods of levying and collecting; class C

Wyoming § 41-3-773

• Jurisdiction: Wyoming
• Title 41: Water
• Ch. 3: WATER RIGHTS; ADMINISTRATION AND CONTROL
• Art. 7: WATER CONSERVANCY DISTRICTS

Text

(a) To levy and collect special assessments upon lands
under class C as provided in W.S. 41-3-770, the board shall make
an allotment of water to each of the petitioning irrigation
districts within the district in the manner as hereinafter
provided in such quantity as will in the judgment of the board,
when added to the present supply of water of such irrigation
district, make an adequate supply of water for such irrigation
district, and shall fix and determine the rate or rates per
acre-foot and terms at and upon which water shall be sold,
leased, or otherwise disposed of to such irrigation district;
provided, however, that such rates shall be equitable although
not necessarily equal or uniform for like classes of services
throughout the district. In the event any irrigation district
shall desire to purchase, lease or otherwise obtain the
beneficial use of waters of the district, the board of such
irrigation district shall by resolution authorize and direct its
president and secretary to petition the board for an allotment
of water, upon terms prescribed by the board, which petition
shall contain inter alia, the following:
(i) Name of irrigation district;
(ii) Quantity of water to be purchased or otherwise
acquired;
(iii) Price per acre-foot to be paid;
(iv) Whether payments are to be made in cash or
annual installments;
(v) Agreement by such irrigation district to make
payments for the beneficial use of such water, together with
annual maintenance and operating charges, and to be bound by the
provision of this act and the rules and regulations of the
board.
(b) The secretary of the board shall cause notice of the
filing of such petition to be given and published, which notice
shall state the filing of such petition and giving notice to all
persons interested to appear at the office of the board at a
time named in said notice and show cause in writing, if any they
have, why the petition should not be granted. The board at the
time and place mentioned in said notice, or at such times at
which the hearing of said petition may be adjourned, shall
proceed to hear the petition and objections thereto, presented,
in writing, by any person showing cause as aforesaid why said
petition should not be granted. The failure of any person
interested to show cause, in writing, as aforesaid, shall be
deemed and taken as an assent on his part to the granting of
said petition. The board may, at its discretion, accept or
reject the said petition, but if it deems it for the best
interest of the district that said petition shall be granted,
shall enter an order to that effect granting the said petition
and from and after such order, the irrigation district and/or
persons therein shall be deemed to have purchased, leased, or
otherwise acquired the beneficial use of water as set forth in
said order. If said petition is granted, the board shall, in
each year, determine the amount of money necessary to be raised
by special assessment on lands within such irrigation district
and shall certify to the board of county commissioners of the
county in which the lands of such irrigation district are
located the amount of the assessment, plus a fair proportionate
amount of the estimated operating and maintenance charges for
the next succeeding year on each tract of land on or before the
third Monday in July of each year. Thereupon the county
commissioners shall certify to and deliver said assessment roll
to the county assessor of such county and such county assessor
shall extend the amount of such special assessment, plus said
operating and maintenance charges, on the tax roll as a special
assessment against the lands upon which said special assessment
is made. If a subdistrict or subdistricts are organized as
herein provided, assessments of special benefits shall be made,
spread on the tax rolls and collected in the same manner
provided in the case of irrigation districts. A district may
elect to establish the special assessment, operating and
maintenance amount and due date after the third Monday of July
and on or before the third Monday of October, provided the
district shall be responsible for the billing and collection of
special assessments, operating and maintenance charges.