§ 51-11-59. Powers and duties of district through board of directors.
Each flood control district, through its board of directors, may:
(a) Impound, divert, change, alter, or otherwise control overflow water and the surface water of any river or its tributaries within the project area within its district in accordance with the approved plan at any place or places and in any amount as approved by Permit Board, by the diversion of rivers or their tributaries, by the construction of a dam or dams, a levee or levees, a channel or channels, reservoir or reservoirs, works, pumps, plants, and any other necessary or useful related facilities contemplated or described as a part of the project within the district. The district also may construct or otherwise acquire within the project area all works, plants, or other facilities necessary or useful to the project for carrying out Sections 51-11-53 through 51-11-85.
(b) Cooperate with the United States of America in the construction of flood and drainage control improvements, for the protection of property, controlling floods, reclaiming overflow lands, and preventing overflows in this state; and for the purpose of operating and maintaining dams, reservoirs, channels, levees, pumps, and other flood control works and improvements which may be constructed by the United States of America or any department or agency of the United States of America.
(c) Furnish, without cost to the United States of America, all lands, easements, and rights-of-way necessary for the construction of the project or any part thereof, if the project or any part of the project is to be constructed by the United States of America or any agency or department of the United States of America; hold and save the United States free from damages due to the construction; make, without cost to the United States, any changes, alterations, or relocation of any public utilities, roads, highways, bridges, buildings, or local betterment made necessary by the work; provide assurances to the United States of America that encroachment on the levees, improved channels, and pond areas will not be permitted; maintain and operate the improvements after completion thereof in accordance with regulations prescribed by the United States of America or any agency or department of the United States of America; contribute in cash to the United States of America, or any agency or department of the United States of America, any sums of money as shall be required by the United States of America, or any agency or department of the United States of America, as a condition for the construction of any improvements by the United States or any agency or department; and generally, without being limited by any of the above, carry out and faithfully perform any obligations required of the district as a condition to the construction of any flood control work, project, or improvements by the United States of America, or any agency or department, and to give assurances to the United States of America that the district will so do.
(d) Construct, acquire, and develop all facilities within the project area in accordance with the approved plan deemed necessary or useful.
(e) Prevent or aid in the prevention of damage to person or property from the waters of any river or any of its tributaries.
(f) Acquire by purchase, lease, gift, or in any other manner (otherwise than by condemnation) and to maintain, use, and operate any and all property of any kind, real, personal, or mixed, or any interest in property within the project area within the district, necessary for the project and convenient to the exercise of the powers, rights, privileges, and functions conferred upon the district by Sections 51-11-53 through 51-11-85.
(g) Acquire by condemnation any and all property of any kind, real, personal, or mixed, or any interest in property within the project area within the district, necessary for the project and the exercise of the powers, rights, privileges, and functions conferred upon the district by Sections 51-11-53 through 51-11-85, according to the procedure provided by law for the condemnation of lands or other property taken for rights-of-way or other purposes by railroads, telephone, or telegraph companies. For the purposes of Sections 51-11-53 through 51-11-85, the right of eminent domain of the flood control district shall be superior and dominant to the right of eminent domain of railroad, telegraph, telephone, gas, power, and other companies or corporations, and shall be sufficient to enable the acquisition of county roads, state highways, or other public property in the project area, and the acquisition, or relocation, of the utility property in the project area.
The amount and character of interest in land, other property, and easements to be acquired shall be determined by the board of directors. Their determination shall be conclusive and shall not be subject to attack in the absence of manifold abuse of discretion or fraud on the part of the board in making that determination. However,
(i) In acquiring lands, either by negotiation or condemnation, the district shall not acquire minerals or royalties within the project area, sand, dirt and gravel not being considered as minerals within the meaning of this section, provided, the district shall pay to the property owner fair market commercial value for any sand, dirt or gravel acquired, regardless of whether the property owner has been commercially selling any sand, dirt or gravel before the date of acquisition; and
(ii) No person or persons owning the mining rights, drilling rights, or the right to share in production shall be prevented from exploring, developing, or producing sand, gravel, oil, or gas with necessary rights-of-way for ingress, egress, pipe lines, and other means of transporting those products by reason of the inclusion of any lands or mineral interests within the project area, whether below or above the water line, but any activities shall be under reasonable regulations adopted by the board of directors to adequately protect the project; and
(iii) In drilling and developing, those persons are vested with a special right to have any mineral interest integrated and their lands developed in a drilling unit or units as the State Oil and Gas Board shall establish after due consideration of the rights of all of the owners to be included in the drilling unit.
(h) Require the necessary relocation of bridges, roads, and highways, railroad, telephone, and telegraph lines and properties, electric power lines, gas pipe lines and mains and facilities in the project area, or to require the anchoring or other protection of any of these, provided due compensation is first paid the owners of the infrastructure, utilities or facilities or agreement is had with the owners regarding the payment of the cost of the relocation. The district may also acquire easements or rights-of-way in or outside of the project area for the relocation of any road, highway, railroad, telephone, and telegraph lines and properties, electrical power lines, gas pipe lines and mains and facilities, and convey the easements or rights-of-way to the owners in connection with the relocation as a part of the construction of the project.
(i) Overflow and inundate any public lands and public property, including sixteenth section lands and in lieu lands, within the project area.
(j) Construct, extend, improve, maintain, and reconstruct, to cause to be constructed, extended, improved, maintained, and reconstructed, and use and operate any facilities within the project area necessary or convenient to the project and to the exercise of the powers, rights, privileges, and functions.
(k) Sue and be sued in its corporate name.
(l) Adopt, use, and alter a corporate seal.
(m) Adopt bylaws for the management and regulation of its affairs.
(n) Employ engineers, attorneys, fiscal agents, advisors, and all necessary agents and employees to properly finance, construct, operate, and maintain the project and the facilities of the district and carry out Sections 51-11-53 through 51-11-85, and pay reasonable compensation for those services.
(o) Contract and execute instruments necessary or convenient to the exercise of the powers, rights, privileges, and functions conferred upon it by Sections 51-11-53 through 51-11-85.
(p) Conduct or cause to be conducted surveys and engineering investigations relating to the project, or related projects, for the information of the district to facilitate the accomplishment of the purposes for which it is created.
(q) Apply for and accept grants from the United States of America, or any corporation or agency created or designated by the United States of America, and ratify and accept applications made by voluntary associations to those agencies for grants to construct, maintain, or operate any project or projects which may be undertaken or contemplated by the district.
(r) Perform any other acts or things necessary or convenient to the exercising of the powers, rights, privileges, or functions conferred upon it by Sections 51-11-53 through 51-11-85 or any other law.
(s) Contract for the issuance of bonds as may be necessary to insure the marketability of those bonds.
(t) Operate and maintain within the project area, with the consent of the governing body of any municipality, town or county located within the district, any works, plants, or facilities of that municipality, town, or county deemed necessary or convenient to the accomplishment of the purposes for which the district is created.
(u) Subject to the provisions of Sections 51-11-53 through 51-11-85, from time to time to lease, sell, or otherwise dispose of any property of any kind, real, personal, or mixed, or any interest in property within the project area or acquired outside the project area as authorized in this article, for the purpose of furthering the business of the district.
(v) Make any changes in location of levees, channels, drains, or related facilities, or other changes, alterations, or modifications in the plan filed with the petition creating the district, which may be necessary for the accomplishment of the general purposes of the district.
Sources: Laws, 1998, ch. 515, § 4; Laws, 2001, ch. 577, § 3, eff from and after Apr. 7, 2001.
§ 51-11-59. Powers and duties of district through board of directors.
Each flood control district, through its board of directors, may:
(a) Impound, divert, change, alter, or otherwise control overflow water and the surface water of any river or its tributaries within the project area within its district in accordance with the approved plan at any place or places and in any amount as approved by Permit Board, by the diversion of rivers or their tributaries, by the construction of a dam or dams, a levee or levees, a channel or channels, reservoir or reservoirs, works, pumps, plants, and any other necessary or useful related facilities contemplated or described as a part of the project within the district. The district also may construct or otherwise acquire within the project area all works, plants, or other facilities necessary or useful to the project for carrying out Sections 51-11-53 through 51-11-85.
(b) Cooperate with the United States of America in the construction of flood and drainage control improvements, for the protection of property, controlling floods, reclaiming overflow lands, and preventing overflows in this state; and for the purpose of operating and maintaining dams, reservoirs, channels, levees, pumps, and other flood control works and improvements which may be constructed by the United States of America or any department or agency of the United States of America.
(c) Furnish, without cost to the United States of America, all lands, easements, and rights-of-way necessary for the construction of the project or any part thereof, if the project or any part of the project is to be constructed by the United States of America or any agency or department of the United States of America; hold and save the United States free from damages due to the construction; make, without cost to the United States, any changes, alterations, or relocation of any public utilities, roads, highways, bridges, buildings, or local betterment made necessary by the work; provide assurances to the United States of America that encroachment on the levees, improved channels, and pond areas will not be permitted; maintain and operate the improvements after completion thereof in accordance with regulations prescribed by the United States of America or any agency or department of the United States of America; contribute in cash to the United States of America, or any agency or department of the United States of America, any sums of money as shall be required by the United States of America, or any agency or department of the United States of America, as a condition for the construction of any improvements by the United States or any agency or department; and generally, without being limited by any of the above, carry out and faithfully perform any obligations required of the district as a condition to the construction of any flood control work, project, or improvements by the United States of America, or any agency or department, and to give assurances to the United States of America that the district will so do.
(d) Construct, acquire, and develop all facilities within the project area in accordance with the approved plan deemed necessary or useful.
(e) Prevent or aid in the prevention of damage to person or property from the waters of any river or any of its tributaries.
(f) Acquire by purchase, lease, gift, or in any other manner (otherwise than by condemnation) and to maintain, use, and operate any and all property of any kind, real, personal, or mixed, or any interest in property within the project area within the district, necessary for the project and convenient to the exercise of the powers, rights, privileges, and functions conferred upon the district by Sections 51-11-53 through 51-11-85.
(g) Acquire by condemnation any and all property of any kind, real, personal, or mixed, or any interest in property within the project area within the district, necessary for the project and the exercise of the powers, rights, privileges, and functions conferred upon the district by Sections 51-11-53 through 51-11-85, according to the procedure provided by law for the condemnation of lands or other property taken for rights-of-way or other purposes by railroads, telephone, or telegraph companies. For the purposes of Sections 51-11-53 through 51-11-85, the right of eminent domain of the flood control district shall be superior and dominant to the right of eminent domain of railroad, telegraph, telephone, gas, power, and other companies or corporations, and shall be sufficient to enable the acquisition of county roads, state highways, or other public property in the project area, and the acquisition, or relocation, of the utility property in the project area.
The amount and character of interest in land, other property, and easements to be acquired shall be determined by the board of directors. Their determination shall be conclusive and shall not be subject to attack in the absence of manifold abuse of discretion or fraud on the part of the board in making that determination. However,
(i) In acquiring lands, either by negotiation or condemnation, the district shall not acquire minerals or royalties within the project area, sand, dirt and gravel not being considered as minerals within the meaning of this section, provided, the district shall pay to the property owner fair market commercial value for any sand, dirt or gravel acquired, regardless of whether the property owner has been commercially selling any sand, dirt or gravel before the date of acquisition; and
(ii) No person or persons owning the mining rights, drilling rights, or the right to share in production shall be prevented from exploring, developing, or producing sand, gravel, oil, or gas with necessary rights-of-way for ingress, egress, pipe lines, and other means of transporting those products by reason of the inclusion of any lands or mineral interests within the project area, whether below or above the water line, but any activities shall be under reasonable regulations adopted by the board of directors to adequately protect the project; and
(iii) In drilling and developing, those persons are vested with a special right to have any mineral interest integrated and their lands developed in a drilling unit or units as the State Oil and Gas Board shall establish after due consideration of the rights of all of the owners to be included in the drilling unit.
(h) Require the necessary relocation of bridges, roads, and highways, railroad, telephone, and telegraph lines and properties, electric power lines, gas pipe lines and mains and facilities in the project area, or to require the anchoring or other protection of any of these, provided due compensation is first paid the owners of the infrastructure, utilities or facilities or agreement is had with the owners regarding the payment of the cost of the relocation. The district may also acquire easements or rights-of-way in or outside of the project area for the relocation of any road, highway, railroad, telephone, and telegraph lines and properties, electrical power lines, gas pipe lines and mains and facilities, and convey the easements or rights-of-way to the owners in connection with the relocation as a part of the construction of the project.
(i) Overflow and inundate any public lands and public property, including sixteenth section lands and in lieu lands, within the project area.
(j) Construct, extend, improve, maintain, and reconstruct, to cause to be constructed, extended, improved, maintained, and reconstructed, and use and operate any facilities within the project area necessary or convenient to the project and to the exercise of the powers, rights, privileges, and functions.
(k) Sue and be sued in its corporate name.
(l) Adopt, use, and alter a corporate seal.
(m) Adopt bylaws for the management and regulation of its affairs.
(n) Employ engineers, attorneys, fiscal agents, advisors, and all necessary agents and employees to properly finance, construct, operate, and maintain the project and the facilities of the district and carry out Sections 51-11-53 through 51-11-85, and pay reasonable compensation for those services.
(o) Contract and execute instruments necessary or convenient to the exercise of the powers, rights, privileges, and functions conferred upon it by Sections 51-11-53 through 51-11-85.
(p) Conduct or cause to be conducted surveys and engineering investigations relating to the project, or related projects, for the information of the district to facilitate the accomplishment of the purposes for which it is created.
(q) Apply for and accept grants from the United States of America, or any corporation or agency created or designated by the United States of America, and ratify and accept applications made by voluntary associations to those agencies for grants to construct, maintain, or operate any project or projects which may be undertaken or contemplated by the district.
(r) Perform any other acts or things necessary or convenient to the exercising of the powers, rights, privileges, or functions conferred upon it by Sections 51-11-53 through 51-11-85 or any other law.
(s) Contract for the issuance of bonds as may be necessary to insure the marketability of those bonds.
(t) Operate and maintain within the project area, with the consent of the governing body of any municipality, town or county located within the district, any works, plants, or facilities of that municipality, town, or county deemed necessary or convenient to the accomplishment of the purposes for which the district is created.
(u) Subject to the provisions of Sections 51-11-53 through 51-11-85, from time to time to lease, sell, or otherwise dispose of any property of any kind, real, personal, or mixed, or any interest in property within the project area or acquired outside the project area as authorized in this article, for the purpose of furthering the business of the district.
(v) Make any changes in location of levees, channels, drains, or related facilities, or other changes, alterations, or modifications in the plan filed with the petition creating the district, which may be necessary for the accomplishment of the general purposes of the district.
Sources: Laws, 1998, ch. 515, § 4; Laws, 2001, ch. 577, § 3, eff from and after Apr. 7, 2001.
§ 51-11-59. Powers and duties of district through board of directors.
Each flood control district, through its board of directors, may:
(a) Impound, divert, change, alter, or otherwise control overflow water and the surface water of any river or its tributaries within the project area within its district in accordance with the approved plan at any place or places and in any amount as approved by Permit Board, by the diversion of rivers or their tributaries, by the construction of a dam or dams, a levee or levees, a channel or channels, reservoir or reservoirs, works, pumps, plants, and any other necessary or useful related facilities contemplated or described as a part of the project within the district. The district also may construct or otherwise acquire within the project area all works, plants, or other facilities necessary or useful to the project for carrying out Sections 51-11-53 through 51-11-85.
(b) Cooperate with the United States of America in the construction of flood and drainage control improvements, for the protection of property, controlling floods, reclaiming overflow lands, and preventing overflows in this state; and for the purpose of operating and maintaining dams, reservoirs, channels, levees, pumps, and other flood control works and improvements which may be constructed by the United States of America or any department or agency of the United States of America.
(c) Furnish, without cost to the United States of America, all lands, easements, and rights-of-way necessary for the construction of the project or any part thereof, if the project or any part of the project is to be constructed by the United States of America or any agency or department of the United States of America; hold and save the United States free from damages due to the construction; make, without cost to the United States, any changes, alterations, or relocation of any public utilities, roads, highways, bridges, buildings, or local betterment made necessary by the work; provide assurances to the United States of America that encroachment on the levees, improved channels, and pond areas will not be permitted; maintain and operate the improvements after completion thereof in accordance with regulations prescribed by the United States of America or any agency or department of the United States of America; contribute in cash to the United States of America, or any agency or department of the United States of America, any sums of money as shall be required by the United States of America, or any agency or department of the United States of America, as a condition for the construction of any improvements by the United States or any agency or department; and generally, without being limited by any of the above, carry out and faithfully perform any obligations required of the district as a condition to the construction of any flood control work, project, or improvements by the United States of America, or any agency or department, and to give assurances to the United States of America that the district will so do.
(d) Construct, acquire, and develop all facilities within the project area in accordance with the approved plan deemed necessary or useful.
(e) Prevent or aid in the prevention of damage to person or property from the waters of any river or any of its tributaries.
(f) Acquire by purchase, lease, gift, or in any other manner (otherwise than by condemnation) and to maintain, use, and operate any and all property of any kind, real, personal, or mixed, or any interest in property within the project area within the district, necessary for the project and convenient to the exercise of the powers, rights, privileges, and functions conferred upon the district by Sections 51-11-53 through 51-11-85.
(g) Acquire by condemnation any and all property of any kind, real, personal, or mixed, or any interest in property within the project area within the district, necessary for the project and the exercise of the powers, rights, privileges, and functions conferred upon the district by Sections 51-11-53 through 51-11-85, according to the procedure provided by law for the condemnation of lands or other property taken for rights-of-way or other purposes by railroads, telephone, or telegraph companies. For the purposes of Sections 51-11-53 through 51-11-85, the right of eminent domain of the flood control district shall be superior and dominant to the right of eminent domain of railroad, telegraph, telephone, gas, power, and other companies or corporations, and shall be sufficient to enable the acquisition of county roads, state highways, or other public property in the project area, and the acquisition, or relocation, of the utility property in the project area.
The amount and character of interest in land, other property, and easements to be acquired shall be determined by the board of directors. Their determination shall be conclusive and shall not be subject to attack in the absence of manifold abuse of discretion or fraud on the part of the board in making that determination. However,
(i) In acquiring lands, either by negotiation or condemnation, the district shall not acquire minerals or royalties within the project area, sand, dirt and gravel not being considered as minerals within the meaning of this section, provided, the district shall pay to the property owner fair market commercial value for any sand, dirt or gravel acquired, regardless of whether the property owner has been commercially selling any sand, dirt or gravel before the date of acquisition; and
(ii) No person or persons owning the mining rights, drilling rights, or the right to share in production shall be prevented from exploring, developing, or producing sand, gravel, oil, or gas with necessary rights-of-way for ingress, egress, pipe lines, and other means of transporting those products by reason of the inclusion of any lands or mineral interests within the project area, whether below or above the water line, but any activities shall be under reasonable regulations adopted by the board of directors to adequately protect the project; and
(iii) In drilling and developing, those persons are vested with a special right to have any mineral interest integrated and their lands developed in a drilling unit or units as the State Oil and Gas Board shall establish after due consideration of the rights of all of the owners to be included in the drilling unit.
(h) Require the necessary relocation of bridges, roads, and highways, railroad, telephone, and telegraph lines and properties, electric power lines, gas pipe lines and mains and facilities in the project area, or to require the anchoring or other protection of any of these, provided due compensation is first paid the owners of the infrastructure, utilities or facilities or agreement is had with the owners regarding the payment of the cost of the relocation. The district may also acquire easements or rights-of-way in or outside of the project area for the relocation of any road, highway, railroad, telephone, and telegraph lines and properties, electrical power lines, gas pipe lines and mains and facilities, and convey the easements or rights-of-way to the owners in connection with the relocation as a part of the construction of the project.
(i) Overflow and inundate any public lands and public property, including sixteenth section lands and in lieu lands, within the project area.
(j) Construct, extend, improve, maintain, and reconstruct, to cause to be constructed, extended, improved, maintained, and reconstructed, and use and operate any facilities within the project area necessary or convenient to the project and to the exercise of the powers, rights, privileges, and functions.
(k) Sue and be sued in its corporate name.
(l) Adopt, use, and alter a corporate seal.
(m) Adopt bylaws for the management and regulation of its affairs.
(n) Employ engineers, attorneys, fiscal agents, advisors, and all necessary agents and employees to properly finance, construct, operate, and maintain the project and the facilities of the district and carry out Sections 51-11-53 through 51-11-85, and pay reasonable compensation for those services.
(o) Contract and execute instruments necessary or convenient to the exercise of the powers, rights, privileges, and functions conferred upon it by Sections 51-11-53 through 51-11-85.
(p) Conduct or cause to be conducted surveys and engineering investigations relating to the project, or related projects, for the information of the district to facilitate the accomplishment of the purposes for which it is created.
(q) Apply for and accept grants from the United States of America, or any corporation or agency created or designated by the United States of America, and ratify and accept applications made by voluntary associations to those agencies for grants to construct, maintain, or operate any project or projects which may be undertaken or contemplated by the district.
(r) Perform any other acts or things necessary or convenient to the exercising of the powers, rights, privileges, or functions conferred upon it by Sections 51-11-53 through 51-11-85 or any other law.
(s) Contract for the issuance of bonds as may be necessary to insure the marketability of those bonds.
(t) Operate and maintain within the project area, with the consent of the governing body of any municipality, town or county located within the district, any works, plants, or facilities of that municipality, town, or county deemed necessary or convenient to the accomplishment of the purposes for which the district is created.
(u) Subject to the provisions of Sections 51-11-53 through 51-11-85, from time to time to lease, sell, or otherwise dispose of any property of any kind, real, personal, or mixed, or any interest in property within the project area or acquired outside the project area as authorized in this article, for the purpose of furthering the business of the district.
(v) Make any changes in location of levees, channels, drains, or related facilities, or other changes, alterations, or modifications in the plan filed with the petition creating the district, which may be necessary for the accomplishment of the general purposes of the district.
Sources: Laws, 1998, ch. 515, § 4; Laws, 2001, ch. 577, § 3, eff from and after Apr. 7, 2001.
