§ 41-7-305 — Maps and plans of proposed work; reports to court generally

Wyoming § 41-7-305

• Jurisdiction: Wyoming
• Title 41: Water
• Ch. 7: IRRIGATION DISTRICTS
• Art. 3: DISTRICT COMMISSIONERS GENERALLY

Text

(a) As soon as may be after the organization of said
district, or within such time as the court may direct, said
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:
(i) The extent and character of the proposed work and
the sufficiency of the water supply;
(ii) What lands within the district, as by them
reported will be injured by the proposed work, if any, and they
shall therein award to each tract, lot, easement or interest by
whomsoever held, the amount of damages which they shall
determine will be caused to the same by the proposed work;
(iii) All lands within the district as by them
reported will be benefited by the proposed work and they shall
assess against such lands by whomsoever held the amount of
benefits which they determine will be caused to the same by the
proposed work, and in case of lands having appurtenant thereto a
partial water right or partial rights in a system of irrigation
the assessment shall be according to benefits making due
allowance for existing rights. The benefits so assessed are
herein referred to as "the assessment roll".
(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 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 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".
(d) If the cost of construction of any particular part of
the work so proposed to be done shall be assessed upon any
particular tract or tracts, lot or lots of land, the
commissioners shall so specify, and in their report they shall
fix and determine the sums which should be assessed against said
tracts and lots, and assess such sum against said tracts and
lots.
(e) They shall apportion and assess the part of this "cost
of construction" not assessed as above, against the several
benefited tracts and lots in said irrigation district, in
proportion to the benefits which they have assessed against the
same, by setting down opposite each tract or lot the sum which
they assess against the same for construction. The assessments
which together make up the cost of construction, as above
defined, as herein referred to as "assessments for
construction".
(f) They shall set forth in their report the amount of
water by them apportioned to each separate tract or lot of land
in said district, to be assessed.
(g) The commissioners shall further report to the court
the probable cost of keeping said proposed work in repair after
it is completed.
(h) They shall include in their said report, said map,
plans and other specifications, and file the same with their
report.