(a) Watershed workplans developed under Public Law 566 (83rd Congress) as amended, and all otherwork plans developed pursuant to this Chapter, shall be submitted to the Soiland Water Conservation Commission for review and approval or disapproval. Nowork of improvement may be constructed or established without the approval ofwork plans by the Soil and Water Conservation Commission pursuant to thissection.
(b) The Soil and WaterConservation Commission shall approve a watershed work plan if, in itsjudgment, it:
(1) Provides for properand safe construction of proposed works of improvement;
(2) Shows that theconstruction and operation of the proposed works of improvement (in conjunctionwith other such works and related structures of the district and the watershed)will not appreciably diminish the flow of useful water that would otherwise beavailable to existing downstream water users during critical periods;
(3) Determines whether aprogram of floodplain management in connection with such proposed works is inthe public interest, and the Soil and Water Conservation Commission maywithhold approval until satisfactory floodplain management measures areincorporated; and
(4) Is otherwise incompliance with law.
(c) Amendments to thework plan involving major changes shall be approved by the Soil and WaterConservation Commission. Determinations by the Soil and Water ConservationCommission that an amendment involve major changes shall be conclusive forpurposes of this section. No work of improvement may be constructed orestablished without the approval of work plans by the Soil and WaterConservation Commission pursuant to this subsection. The construction orestablishment of any such work of improvement without such approval, or withoutconforming to a work plan approved by the Soil and Water ConservationCommission, may be enjoined. The Soil and Water Conservation Commission mayinstitute an action for such injunctive relief in the superior court of anycounty wherein such construction or establishment takes place.
(d) In conjunction withany work plans submitted to the Soil and Water Conservation Commission undersubsection (c) of this section, a county shall submit in such form as the Soiland Water Conservation Commission may prescribe a plan of its proposed methodof operations for works of improvement covered by the work plans and forrelated structures. With the approval of the Soil and Water ConservationCommission, the county may amend its initial plan of operations from time totime. Soil and Water Conservation Commission approval of the initial plan ofoperations shall not be required.
(e) If the Soil andWater Conservation Commission has reason to believe that a county is notoperating any work of improvement or properly related structure in accordancewith its plan of operations as amended, the Soil and Water ConservationCommission on its own motion or upon complaint may order a hearing to be heldthereon upon not less than 30 days' written notification to the county andcomplainant, if any, by personal service or registered mail. Notice of suchhearing shall be published at least once a week for two successive weeks. Inconnection with any such hearing the Soil and Water Conservation Commissionshall be empowered to administer oaths; to take testimony; and, in the samemanner as the superior court, to order the taking of depositions, issuesubpoenas, and to compel the attendance of witnesses and production ofdocuments. If the Soil and Water Conservation Commission determines fromevidence of record that the county is not operating any work of improvement orrelated structure in accordance with its plan of operations, as amended, theSoil and Water Conservation Commission may issue an order directing the countyto comply therewith or to take other appropriate corrective action. Uponfailure by a county to comply with any such order, the Soil and WaterConservation Commission may institute an action for injunctive relief in thesuperior court of any county wherein such noncompliance occurs. (1981, c. 326, s. 6; 2007‑495,s. 16.)
(a) Watershed workplans developed under Public Law 566 (83rd Congress) as amended, and all otherwork plans developed pursuant to this Chapter, shall be submitted to the Soiland Water Conservation Commission for review and approval or disapproval. Nowork of improvement may be constructed or established without the approval ofwork plans by the Soil and Water Conservation Commission pursuant to thissection.
(b) The Soil and WaterConservation Commission shall approve a watershed work plan if, in itsjudgment, it:
(1) Provides for properand safe construction of proposed works of improvement;
(2) Shows that theconstruction and operation of the proposed works of improvement (in conjunctionwith other such works and related structures of the district and the watershed)will not appreciably diminish the flow of useful water that would otherwise beavailable to existing downstream water users during critical periods;
(3) Determines whether aprogram of floodplain management in connection with such proposed works is inthe public interest, and the Soil and Water Conservation Commission maywithhold approval until satisfactory floodplain management measures areincorporated; and
(4) Is otherwise incompliance with law.
(c) Amendments to thework plan involving major changes shall be approved by the Soil and WaterConservation Commission. Determinations by the Soil and Water ConservationCommission that an amendment involve major changes shall be conclusive forpurposes of this section. No work of improvement may be constructed orestablished without the approval of work plans by the Soil and WaterConservation Commission pursuant to this subsection. The construction orestablishment of any such work of improvement without such approval, or withoutconforming to a work plan approved by the Soil and Water ConservationCommission, may be enjoined. The Soil and Water Conservation Commission mayinstitute an action for such injunctive relief in the superior court of anycounty wherein such construction or establishment takes place.
(d) In conjunction withany work plans submitted to the Soil and Water Conservation Commission undersubsection (c) of this section, a county shall submit in such form as the Soiland Water Conservation Commission may prescribe a plan of its proposed methodof operations for works of improvement covered by the work plans and forrelated structures. With the approval of the Soil and Water ConservationCommission, the county may amend its initial plan of operations from time totime. Soil and Water Conservation Commission approval of the initial plan ofoperations shall not be required.
(e) If the Soil andWater Conservation Commission has reason to believe that a county is notoperating any work of improvement or properly related structure in accordancewith its plan of operations as amended, the Soil and Water ConservationCommission on its own motion or upon complaint may order a hearing to be heldthereon upon not less than 30 days' written notification to the county andcomplainant, if any, by personal service or registered mail. Notice of suchhearing shall be published at least once a week for two successive weeks. Inconnection with any such hearing the Soil and Water Conservation Commissionshall be empowered to administer oaths; to take testimony; and, in the samemanner as the superior court, to order the taking of depositions, issuesubpoenas, and to compel the attendance of witnesses and production ofdocuments. If the Soil and Water Conservation Commission determines fromevidence of record that the county is not operating any work of improvement orrelated structure in accordance with its plan of operations, as amended, theSoil and Water Conservation Commission may issue an order directing the countyto comply therewith or to take other appropriate corrective action. Uponfailure by a county to comply with any such order, the Soil and WaterConservation Commission may institute an action for injunctive relief in thesuperior court of any county wherein such noncompliance occurs. (1981, c. 326, s. 6; 2007‑495,s. 16.)
(a) Watershed workplans developed under Public Law 566 (83rd Congress) as amended, and all otherwork plans developed pursuant to this Chapter, shall be submitted to the Soiland Water Conservation Commission for review and approval or disapproval. Nowork of improvement may be constructed or established without the approval ofwork plans by the Soil and Water Conservation Commission pursuant to thissection.
(b) The Soil and WaterConservation Commission shall approve a watershed work plan if, in itsjudgment, it:
(1) Provides for properand safe construction of proposed works of improvement;
(2) Shows that theconstruction and operation of the proposed works of improvement (in conjunctionwith other such works and related structures of the district and the watershed)will not appreciably diminish the flow of useful water that would otherwise beavailable to existing downstream water users during critical periods;
(3) Determines whether aprogram of floodplain management in connection with such proposed works is inthe public interest, and the Soil and Water Conservation Commission maywithhold approval until satisfactory floodplain management measures areincorporated; and
(4) Is otherwise incompliance with law.
(c) Amendments to thework plan involving major changes shall be approved by the Soil and WaterConservation Commission. Determinations by the Soil and Water ConservationCommission that an amendment involve major changes shall be conclusive forpurposes of this section. No work of improvement may be constructed orestablished without the approval of work plans by the Soil and WaterConservation Commission pursuant to this subsection. The construction orestablishment of any such work of improvement without such approval, or withoutconforming to a work plan approved by the Soil and Water ConservationCommission, may be enjoined. The Soil and Water Conservation Commission mayinstitute an action for such injunctive relief in the superior court of anycounty wherein such construction or establishment takes place.
(d) In conjunction withany work plans submitted to the Soil and Water Conservation Commission undersubsection (c) of this section, a county shall submit in such form as the Soiland Water Conservation Commission may prescribe a plan of its proposed methodof operations for works of improvement covered by the work plans and forrelated structures. With the approval of the Soil and Water ConservationCommission, the county may amend its initial plan of operations from time totime. Soil and Water Conservation Commission approval of the initial plan ofoperations shall not be required.
(e) If the Soil andWater Conservation Commission has reason to believe that a county is notoperating any work of improvement or properly related structure in accordancewith its plan of operations as amended, the Soil and Water ConservationCommission on its own motion or upon complaint may order a hearing to be heldthereon upon not less than 30 days' written notification to the county andcomplainant, if any, by personal service or registered mail. Notice of suchhearing shall be published at least once a week for two successive weeks. Inconnection with any such hearing the Soil and Water Conservation Commissionshall be empowered to administer oaths; to take testimony; and, in the samemanner as the superior court, to order the taking of depositions, issuesubpoenas, and to compel the attendance of witnesses and production ofdocuments. If the Soil and Water Conservation Commission determines fromevidence of record that the county is not operating any work of improvement orrelated structure in accordance with its plan of operations, as amended, theSoil and Water Conservation Commission may issue an order directing the countyto comply therewith or to take other appropriate corrective action. Uponfailure by a county to comply with any such order, the Soil and WaterConservation Commission may institute an action for injunctive relief in thesuperior court of any county wherein such noncompliance occurs. (1981, c. 326, s. 6; 2007‑495,s. 16.)
