CHAPTER 6 - IRRIGATION AND DRAINAGE DISTRICTS GENERALLY
ARTICLE 1 - JOINT OPERATION AND COOPERATION BETWEEN DISTRICTS
41-6-101. Authority to cooperate.
Whenevertwo (2) or more incorporated irrigation or drainage districts desire tocooperate in the operation and maintenance of their respective systems ofirrigation or drainage works, they may do so by availing themselves of theprovisions of this act, as hereinafter more particularly provided.
41-6-102. Election upon request of landowners; procedure generally.
Thecommissioners of any such district may, and, upon written request of not lessthan ten (10) landowners thereof, shall, at any time, submit to the qualifiedelectors thereof the question as to whether or not they desire their districtto cooperate with any other district or districts named, in the operation andmaintenance of their respective systems under the provisions of this act. Suchquestion may be submitted at any general district election, or at a specialelection duly called for the purpose, notice of which shall have been given asrequired by law in case of general elections in irrigation districts. In everycase, the notice of election shall state briefly but clearly the question to besubmitted, naming the district or districts with which it is proposed tocooperate. The vote shall be by ballot, and a majority of the votes cast shalldetermine the question. If more than two (2) districts are involved in the proposal,the electors shall in like manner determine the district or districts, if any,with which they desire their district to cooperate, in the event that they donot desire to cooperate with all the districts named in the proposal, or in theevent that any district or districts named in the proposal should voteadversely thereto. All elections held hereunder shall be conducted in the samemanner as general irrigation district elections are required by law to beconducted.
41-6-103. Certificate of election proceedings to be filed; effect offiling; effect of informal certificates on validity of election.
Wheneverany two (2) or more irrigation or drainage districts shall have voted tocooperate with one another under the provisions of this act, the respectivecommissioners thereof shall file in the office of the clerk of the court havingjurisdiction of the district proceedings, a certified copy of the minutes ofthe election proceedings, including a copy of the election notice. From andafter the filing of such certificates, the operation and maintenance of therespective irrigation or drainage, or irrigation and drainage works of saiddistricts shall be under the exclusive management and control of a board ofdistrict managers, as hereinafter particularly provided. No informality inthese certificates, or in the records of which they are a copy, shall affectthe validity of any such election, if in fact the same was held in substantialcompliance with this act.
41-6-104. Appeals.
Anydistrict aggrieved by any order of apportionment of operation and maintenancecosts, or any part thereof, may obtain judicial review as provided by theWyoming Administrative Procedure Act and the Wyoming Rules of AppellateProcedure.
41-6-105. Withdrawal from joint operations.
Thecommissioners of any district belonging to any association formed hereunder,may at any time submit to the qualified electors of their district the questionas to whether or not the district shall withdraw from such association. Suchelection shall be held as above provided, and if in any case, the vote shall bein favor of withdrawal, the result thereof shall be duly certified to theproper court, and notice thereof served upon the other districts involved.Thereupon such withdrawal will become operative on the first day of the secondDecember following such election, and thereafter the provisions of this actshall be applicable to such district.
41-6-120. Number of members; qualifications; succession; quorum; votingprocedures.
Theboard of district managers shall be composed of as many members as there aredistricts to be represented, and a majority of its members shall constitute aquorum. The commissioner in each district who has longest served the districtas such commissioner, shall be the member of the board of district managersfrom such district. In case of death, resignation, disability or absence of anydistrict manager, the commissioner from his district who is next in seniorityof service shall act as district manager in his stead. Where there is noseniority in service among the commissioners of any district, they themselvesshall determine the order in which they shall successively serve as members ofthe board of district managers. If the commissioners of all of the associateddistricts shall at any time so order, the board of district managers maythereafter be composed of two (2) commissioners from each district, but in suchcase the vote upon any question before the board shall be by districts, eachdistrict being entitled to cast one (1) vote by its representatives orrepresentative present.
41-6-121. President.
Thepresidency of the board of district managers shall devolve successively uponthe representatives of the respective districts, and the order of successionshall be determined in the first instance by lot. The first president shallhold office until the first day of the next succeeding December, and succeedingpresidents shall hold office for terms of one (1) year each. In the absence ofthe president, or in case of his death, resignation or inability to act, hisduties shall be discharged by the commissioner from his district who would beentitled to act in his stead, under the provisions of W.S. 41-6-120. Thepresident shall preside at all meetings of the board. He may vote upon allquestions, and, in case of tie, shall also cast the deciding vote. He shallperform such other duties as may be imposed upon him by law, or the order ofthe board.
41-6-122. Secretary.
Theboard of district managers shall appoint a secretary who may or may not be oneof their number. Such secretary shall hold his position at the pleasure of theboard, and shall perform such duties as may be imposed upon him by law, ororder of the board.
41-6-123. Treasurer.
Theboard of district managers shall appoint a treasurer for each of theassociated districts. The same person may be the treasurer of two (2) or moredistricts, and may also be secretary of the board. The funds of the associateddistricts shall not be commingled, however, but shall in all cases beseparately kept and accounted for.
41-6-124. Adoption of name.
Atits first meeting, the board of district managers shall adopt a name whichshall be formed by prefixing to the phrase "board of districtmanagers", some word or words different from any used for a like purposeby any other board within the same judicial jurisdiction. A certificate of theadoption of such name shall be filed promptly with the clerk of the court, orclerks, of the courts, having jurisdiction of the several district proceedings.
41-6-125. Powers generally.
Inthe operation, maintenance, preservation and repair of the constructed works ofthe associated districts, and in the assessment, levy, collection anddisbursement of district revenues for such purposes, and for the payment of theprincipal and interest on outstanding indebtedness, the board of districtmanagers shall succeed to and possess all the powers and be charged with allthe duties of the commissioners of the several districts which it represents.All other powers of the commissioners of such districts shall be possessed andretained by them, unimpaired, including those relating to uncompleted districtworks, or such additions to or extensions of such works as require a revisionor modification of assessed benefits. Whenever necessary in the discharge ofits duties, the board may use the name and corporate seal of any district whichit represents, always indicating, however, in some appropriate manner, that thesignature and seal have been affixed by the board.
41-6-126. Duties.
Itshall be the duty of the board of district managers so to control and conductthe affairs of the districts under their jurisdiction that each shall bear itsjust portion of the burdens and receive its just share of the benefitsresulting from cooperating management. Accurate and detailed accounts of theamount and cost of labor and material used in the work of each district shallbe separately kept, so far as practicable, and whenever labor or material isused for the common benefit of two (2) or more districts, a just apportionmentof the cost thereof shall be made between or among the districts benefited,and, in each such case the records of the board shall be made to show clearlythe basis of such apportionment.
41-6-127. Purchase of machinery, tools or equipment.
Inthe operation and maintenance of the works under its charge, the board ofdistrict managers shall, as far as practicable, avoid a duplication of laborand equipment. It shall have no power, however, to purchase machinery, tools orother equipment on account of any district, without written authority from two(2) of the commissioners from such district, and it shall have no power to purchasemachinery, tools or other equipment on the joint account of two (2) or moredistricts, without written authority from two (2) of the commissioners of eachof the districts to be charged therewith, which authority shall prescribe theagreed basis upon which the cost of such purchase shall be apportioned betweenor among such districts. Each district shall be charged with a reasonablerental or hire for the use of property or equipment owned by the associateddistricts. Such rental or hire shall be uniform to all the districts and shallbe so adjusted as to cover, all nearly as can be estimated, repair, interestand replacement costs, and such readjustments shall be made from time to timeas may be necessary in order that these costs shall ultimately be borne by thedistricts in proportion to the use which each has made of such property orequipment.
ARTICLE 2 - BONDS HELD BY STATE
41-6-201. Payment of installments.
Anyirrigation or drainage district, all of whose outstanding bonds are held by thestate of Wyoming, may, on any date when an installment of principal or interestmatures, pay to the state treasurer the whole of any unmatured installment orinstallments of the principal indebtedness evidenced by any such bond or bonds.Upon receipt of any such payment, said treasurer shall make proper notationthereof upon the bond or bonds to which it is to be applied, and shall alsomake proper notation of credit for any unaccrued interest upon the installmentspaid which may be included in any coupon subsequently maturing.
41-6-202. Payment of installments; construction assessments oflandowners.
Theowner of any land in any irrigation or drainage district coming within theprovisions of W.S. 41-6-201, may, not less than ten (10) days before the maturityof any installment of principal or interest evidenced by such bonds, pay to thetreasurer of the county in which said lands are situated, all or any part ofthe unmatured portion of any assessment for construction levied against thesame to provide for the payment of its proportionate share of the indebtednessevidenced by said bonds. Upon receipt of any such payment, said countytreasurer shall cause proper credit to be entered upon the record of saidassessment, and thereafter a corresponding reduction shall be made in theannual installments of said assessment to be collected. The acceptance of suchpayments shall not be construed, however, as relieving any such land from itsliability for future assessments made for any lawful purpose. Upon receipt ofany such payments, the county treasurer shall promptly remit the same to thestate treasurer, who shall, on the date on which the next installment ofprincipal or interest shall mature, credit all payments thus received upon thebonds of the district, as provided in the preceding section, retaining anyamount too small to be applied until it shall be sufficiently augmented byfuture payments to admit of its application as therein provided.
41-6-203. Filing of certificate of delinquency; suspension of districtcommissioners; appointment of special commissioner; powers and dutiesgenerally; compensation.
(a) If the bonds or other obligations, or any part thereof, ofany drainage or irrigation district, which are owned by the state of Wyoming,are in default as to principal or interest or both, or if the state of Wyomingholds an unsatisfied judgment against any drainage or irrigation district forunpaid interest or principal or both, of the bonds of that district which areowned by the state of Wyoming, upon being advised in writing of that fact bythe state treasurer, the state loan and investment board shall file acertificate setting forth that fact and stating the amount of the delinquency,the name of the district and the names of the commissioners of the district,with the clerk of the district court having jurisdiction of the drainage orirrigation district the bonds or obligations of which, or any part thereof, arein default or the judgment is unsatisfied. Upon filing the certificate and thefiling being called to the attention of the judge of the district court, thejudge of the district court shall suspend the commissioners of the districtfrom office.
(b) Immediately upon the suspension of the commissioners asprovided in subsection (a) of this section, the state loan and investmentboard, by and with the consent and approval of the governor, shall appoint aspecial commissioner for the district who shall be a resident of the state ofWyoming. The governor may remove any special commissioner as provided in W.S.9-1-202. Any vacancy created by the removal of a special commissioner may befilled by further appointment of another special commissioner for the districtby the state loan and investment board, by and with the consent and approval ofthe governor.
(c) The special commissioner has all the power and authorityand shall perform all the duties required by law of commissioners of drainageor irrigation districts, as the case may be, and shall perform his duties inaccordance with the laws governing those districts.
(d) Compensation and expenses of the special commissioner shallbe paid for by the district.
41-6-204. Term of special commissioner; appointment of districtcommissioners after expiration of term.
Thespecial commissioner, or his successor or successors, shall continue in chargeof such drainage or irrigation district until a certificate is filed with theclerk of the district court of the district in which said drainage orirrigation district is located by the state loan and investment board to theeffect that the delinquency has been removed and that such drainage orirrigation district is in such financial condition that it is believed that thespecial commissioner is no longer necessary, whereupon commissioners for suchdistrict may be appointed by the court, or elected by the district, as the casemay be; provided, however, that this shall not prevent the subsequentappointment of a special commissioner for any of the reasons provided in W.S. 41-6-203.
41-6-205. Special commissioner may serve for several districts.
Thestate loan and investment board may appoint the same person as specialcommissioner for any number of drainage or irrigation districts.
41-6-206. Action by attorney general; service of process; sale ofproperty to satisfy judgment.
Wheneverthe state loan and investment board deems it advisable after being advised ofthe default in the payment by any drainage or irrigation district of principalor interest, or both, due to the state of Wyoming upon bonds or otherobligations of such drainage or irrigation district owned by the state ofWyoming, it shall instruct the attorney general to take such steps as he deemsnecessary to collect the amount due. In case an action is filed, process may beserved in case a special commissioner has been appointed by leaving a copythereof with the special commissioner. Any property which the district owns, orin which it has any equity, may be levied upon to satisfy any judgment obtainedin the manner now provided by law, except that no appraisement of such propertyshall be required; and at any sale of property of said district underexecution, the state of Wyoming may bid in such property in any amount deemedadvisable by the state loan and investment board; provided, however, that noproperty of the district shall be bid in by the state of Wyoming for a sum inexcess of the amount of the judgment held by the state of Wyoming.
41-6-207. Certificate stating special commissioner no longer necessaryto be filed; state loan and investment board to sell equipment; disposition ofproceeds.
Thestate loan and investment board shall immediately, after the effective date ofthis section, file with the clerk of any district court which has appointed aspecial commissioner under the provisions of W.S. 41-6-203, a certificate tothe effect that the drainage district for which such special commissioner wasappointed is in such financial condition that it is believed that the specialcommissioner is no longer necessary, which certificate shall comply in allrespects with the provisions of W.S. 41-6-204, except that it shall not benecessary that the certificate state that all delinquency has been removed. TheWyoming farm loan board is further directed to immediately take all necessarysteps to sell and dispose of any and all equipment owned by the state loan andinvestment board or the state of Wyoming and used by such commissioner in theoperation of any such drainage district, such sale to be conducted inaccordance with the provisions of existing law for the sale of state property.When such sales shall have been completed all proceeds received therefrom shallbe paid into the general fund of the state of Wyoming by the state loan andinvestment board.
41-6-208. Title and control of lands bid in by state; disposition ofincome.
Thetitle to any lands so bid in shall be taken in the name of the state loan andinvestment board, and said lands shall be administered, leased and sold by thestate loan and investment board, and said board shall have full power andauthority to sell, contract for sale, and lease said lands for such prices andupon such terms as the state loan and investment board deems for the bestinterests of the state. All rentals or income from such lands shall be applied,first, to the payment of the expenses of the administration of such lands, andthe balance, if any, together with all proceeds from the sale of such lands,shall be paid to the state treasurer and by him credited to the permanent fundbond account of the drainage or irrigation district in which such lands arelocated.
41-6-209. Quorum of board.
Amajority of the members of the state loan and investment board shall constitutea quorum to transact any business provided for under W.S. 41-6-203 through41-6-206, 41-6-208 and 41-6-209.
ARTICLE 3 - DETERMINATION OF RIGHTS OF JOINT USERS ORCLAIMANTS
41-6-301. Disagreements may be referred to water commissioner; actionby commissioner; fees.
Whentwo (2) or more persons, joint owners in an irrigation ditch or reservoir, notincorporated, or their lessees, are unable to agree relative to the division ordistribution of water received through their ditch or from their reservoir, itshall be lawful for any of the owners or lessees to apply to the watercommissioner of the district in which the ditch or reservoir shall be located,by a written notice setting forth that fact, asking the water commissioner totake charge of the ditch or reservoir for the purpose of making a just divisionor distribution of the water from the ditch or reservoir to the partiesentitled to the use of the water. The water commissioner shall take exclusivecharge of the ditch or reservoir for the purpose of dividing the water inaccordance with rights established by existing decrees, and continuing the workuntil the necessity shall cease to exist. In all cases where the watercommissioner or a deputy water commissioner is called upon to divide the watersof a ditch or reservoir between appropriators, when the term of his employmentexceeds three (3) consecutive days he shall be paid in full for his service bythe interested water users in proportion to the established rights of each. Anypayments not made for the service of the water commissioner after a writtendemand has been made for payment, the bill for the water commissioner'sservices shall be a lien upon any land or other property owned by an interestedwater user refusing to pay and may be recovered in any court of competentjurisdiction. Any reimbursement recovered under this section for services ofthe water commissioner shall be paid into the general fund.
41-6-302. Actions for injunctions; notice; hearings; issuance ofinjunctions or restraining orders; bond.
Incases when suits for injunction are brought affecting the use of water fromstreams upon which the rights to the use of water have been adjudicated, norestraining order shall be granted by the court, judge or court commissioner,before hearing had after at least three (3) days notice thereof, served uponall persons defendant. All suits for injunction involving the use of water fromstreams shall be heard, either in term time or during vacation as the case maybe, not later than fifteen (15) days after issues joined. In no case shall aninjunction or restraining order be issued or become operative until the partyobtaining the same executes an undertaking, to the defendants, with good andsufficient surety, to be approved by the clerk of the court granting the same,in an amount fixed by court, judge or commissioner allowing the same,conditioned to secure to the party enjoined all actual damages he may sustainif it be finally decided that the injunction or restraining order ought not tohave been granted.
41-6-303. Relative interests of joint owners.
Unlessthe owners of ditches, canals and reservoirs make a record as herein provided,or have a record thereof made in some other manner, showing the relativeownership of each interested party in such irrigation works, said interestsshall be established by the ratio between the water right of each water user tothe total water rights adjudicated under such irrigation works. The relativeinterests of joint owners shall, therefore, be fixed by the issuance of thefinal certificate of appropriation as the same appears of record on the date ofthe passage of this act or as they shall hereafter be recorded in the office ofthe board of control and in the office of the respective county clerks, and noaction for the recovery of the title to such irrigation works can be broughtafter ten (10) years from the date when the final certificates of appropriationhave been recorded in the office of said county clerk; provided, that duringsuch ten (10) years the interested water users as mentioned in the finalcertificates of appropriation, or their successors, have had continuous, open,adverse and undisputed possession of such irrigation works. Every conveyance ofa ditch, canal or reservoir, or any interest therein, shall hereafter beexecuted and acknowledged in the same manner as a conveyance of real estate andrecorded as herein provided, and any such conveyance which shall not be made inconformity with the provisions of this act, shall be null and void as againstsubsequent purchasers thereof in good faith and for a valuable consideration.
41-6-304. Affidavits of interest; parties joining in; filing;contents.
Anyperson, persons, partnership or association of individuals, or corporation, mayfile in the office of the board of control, and in the office of the countyclerk of the county wherein any ditch, reservoir or other irrigation worksshall be located, an affidavit, duly sworn to before an officer authorized toacknowledge deeds, or before a water superintendent of this state, joined in,signed, and sworn to by all the parties having an interest in such ditch orditch right, or by the guardian of any such person, if insane or a minor, or incase of a corporation by any two (2) of its officers, stating therein the nameof the ditch, the ownership of said ditch, the interest each claimant ownstherein specifically, the method of securing rights of way or irrigation worksand the date of such procedure and referring to the records of the office ofthe state engineer or board of control, or both, relative to dimensions ofirrigation works, their location, and adjudicated rights to water conveyed inor stored in such works and such other information as may be deemed necessary.
41-6-305. Affidavits of interest; as evidence; statute of limitationsfor civil actions upon.
Whensaid affidavit hereinbefore mentioned has been duly executed and filed andrecorded as hereinbefore prescribed, the facts therein stated shall be primafacie evidence of the truth thereof in any court of the United States, and noaction for the recovery of the title or possession of such irrigation works canbe brought after ten (10) years from the time of the recording of suchaffidavit; provided, that during such ten (10) years the claimant as mentionedin such affidavit, or his successor, in rights, has been in continuous, openand undisputed possession of such irrigation works.
41-6-306. Affidavits of interest; transfer of interests after filing.
Anytransfer made to a purchaser in good faith and for a valuable consideration, ofany such irrigation works after the expiration of ten (10) years from thefiling of the affidavit as hereinbefore provided, shall vest in the grantee ofsuch transfer an absolute title in fee simple, free from the claims of anyperson whatsoever, to the extent that such irrigation works are claimed in thesaid affidavit of such grantor or his predecessor in interest, unless beforethe expiration of said ten (10) years any other party claiming an interest in suchirrigation works has filed in the office of the county clerk of the countywherein his, her, or its land, irrigated by such ditch, may be situated, anaffidavit as mentioned in section 23 hereof.
41-6-307. Affidavits of interest; perjured statements.
Anyperson who knowingly falsely states his or her ownership in such irrigationworks, or the extent thereof, or any guardian who in like manner makes suchstatement on behalf of his or her ward, or any person who in like manner makessuch a statement on behalf of a corporation, shall be guilty of perjury andupon conviction thereof shall be punished.
41-6-308. Action in equity to determine rights of claimants;construction of act.
Wherethe ownership of any irrigation works is disputed, or jointly claimed by anyperson, partnership or corporation, and the several owners cannot agree uponthe amount of interest owned by each, and one (1) or more claimants of suchright desire the filing of the affidavit as hereinbefore mentioned, while theother or others do not desire to join therein, one (1) or more such claimantsmay bring an action in equity in the district court of any county wherein theland or parts of the land affected by such ditch or ditch right is located, andsaid court shall determine the right of the several claimants to such ditch orditch right, and determine all the facts necessary in the affidavithereinbefore prescribed, and such decree shall, after being filed and recordedin the office of the county clerk of the proper county as hereinbeforeprescribed, have the same force and effect as the affidavit hereinbeforeprescribed; provided, that the provisions of W.S. 41-6-303 through 41-6-308shall not be construed to relate to water rights, or in any way to conflictwith the laws governing the same.
ARTICLE 4 - CONTESTING ORGANIZATION OR ASSESSMENTS; LIMITATIONOF ACTIONS
41-6-401. Organization.
Whenany irrigation or drainage district has been organized and the legality of itsorganization has not been questioned by proceedings in quo warranto, orotherwise, within one (1) year from the effective date of this act as todistricts heretofore organized, or within two (2) years from the date of entryof the order of court establishing such district and appointing commissionerstherefor as to districts hereafter organized, it shall be conclusively deemedto be a legally established district, and its lawful organization shall not bequestioned in any subsequent suit or proceeding.
41-6-402. Assessments.
Whereany irrigation or drainage district shall make and levy any assessment againstany property within such district, the same shall not be questioned in any suitor proceeding unless such suit or proceeding is instituted on or before thesecond December 31st following such levy or assessment.
ARTICLE 5 - TAXES AND ASSESSMENTS; ENFORCEMENT OF LIENS
41-6-501. "Land" defined.
Theword "land", as used in this act, shall be construed to mean townlots and any and all kinds of real property and premises, with the improvementsthereon and the fixtures and appurtenances thereunto belonging.
41-6-502. "Person" defined.
Theword "person", as used in this act, shall be construed to mean anyperson, corporation or copartnership, or any association owning land.
41-6-503. Foreclosure of tax deeds; tax certificates as liens; actionsto enforce generally; sale of lands generally.
Any person, drainage district or irrigationdistrict holding a drainage or irrigation tax sale certificate of purchase ortax deed heretofore or hereafter issued for delinquent drainage or irrigationtaxes and assessments legally levied and assessed, together with the penaltyand costs due on the land described therein, shall have a lien on said land forsuch taxes, penalty and costs, and all subsequent taxes paid thereon by saidperson, drainage or irrigation district and those under whom he holds, withinterest thereon, and all accruing penalties, and for the value of allimprovements placed thereon by such lienholder while lawfully in possession ofthe premises, and those under whom the same is held, which lien shall besuperior to any other lien, except that of subsequent taxes, and may beenforced by such lienholder by a civil action in the district court of thecounty wherein said land lies, or in any action in such court concerning saidland in which such lienholder may be made a defendant; in which action everyperson having an interest in said land, as shown by the records in the officeof the county clerk of said county, may be made a party; and all theproceedings in such action, so far as applicable and not inconsistent with theprovisions of this act, shall be the same as provided by law, for theforeclosure of mortgages on real estate by action and sales thereunder;provided that the decree rendered in such action may contain the order of sale,directed to the sheriff of said county, commanding him to advertise and sellsaid lands without appraisement, and to make a return of his proceedingsthereunder within sixty (60) days from the date thereof, which shall besufficient authority for the sale of said land, and no other order of saleshall be necessary; and provided further, that any number of tracts of landbelonging to any one (1) person upon which any one (1) lienholder shall havesaid lien, may be united in one (1) suit, in which suit each of said tracts ofland shall bear its proportionate share of the cost of such suit, calculatedupon the amount for which it shall sell. Provided further, that no such actionshall be commenced on any drainage or irrigation district tax sale certificatewithin eighteen (18) months from the date of the sale mentioned herein.
41-6-504. Foreclosure of tax deeds; joinder of defendants; pleading;decree; rights of assignee of tax deed.
Whena drainage or irrigation district is the plaintiff in any suit brought underthe provisions hereof, it may join all owners of real estate covered by its taxsale certificates of purchase or tax deeds as defendants, whether jointly orseparately interested in the real estate, or any part thereof, and may unite insuch action any persons having or claiming to have any interest in the realestate described in the petition. The defendants may plead jointly orseparately to the petition and the court shall try and determine all issuesbetween the plaintiff and each and all of the defendants, and shall, in itsdecree, ascertain and determine the amount of taxes, interest and costschargeable to each particular tract or lot of real estate, and state the nameor names of all defendants who have an interest in each tract or lot of realestate upon which the lien is fixed by its decree. The fact that the owners ofseparate or different lots of real estate are joined as defendants in one (1)action shall not constitute a defense on the part of any one (1) or more of thedefendants, or misjoinder of defendants, or causes of action, and like rightsshall be extended to any assignee of said drainage or irrigation district, taxcertificate or tax deeds.
41-6-505. Foreclosure of tax deeds; sale procedures generally;redemption.
Inpursuance of said order of sale, whether contained in said decree or issuedthereafter, the sheriff of said county shall immediately advertise the propertyfor sale, and shall sell the same at public auction, without appraisement, tothe highest bidder for cash, and shall make a return of his proceedingsthereunder within sixty (60) days from the date thereof; and said lands shallbe sold in tracts or parcels with reference to the rights of all partiestherein, as the court in said order of sale may direct; at which sale saidlienholder may bid as any other person, but, in the event of becoming thepurchaser thereof, he shall not be required to pay any money, except such sumonly as his bid may exceed the amount due him under said decree; and, uponconfirmation of said sale by the court, the said sheriff shall execute a deedas nearly as may be in cases of mortgage foreclosure, conveying to thepurchaser of said property, his heirs and assigns, all the right, title,estate, claim and interest, both at law and in equity, of all parties to saidaction in and to said land, subject only to subsequent taxes; and, upon requestof the purchaser thereof, a writ of assistance shall issue to place saidpurchaser in possession of said land; provided, that any person having aninterest in said land, may redeem the land in which he is interested at anytime before the confirmation of such sale by the court, by paying into court asum of money sufficient to discharge the lien thereon, for the use of thelienholder, and upon such terms as to the payment of the costs as the court maydirect.
41-6-506. Foreclosure of tax deeds; disposition of sale proceeds.
(a) Upon the confirmation of such sale, the proceeds arisingtherefrom shall be delivered by the sheriff to the clerk of said court to beapplied by him as follows:
(i) To the payment of all costs of such action and sale,including an attorney fee to the lienholder's attorney to be allowed by thecourt;
(ii) To the payment of all sums due the lienholder, includingthe value of all improvements placed on said land by said lienholder and thoseunder whom he holds;
(iii) The balance, if any, to be paid to the prior owners of saidland and those having an interest therein, as their interests may appear.
41-6-507. Remedy cumulative.
Theright and remedy herein provided for shall be cumulative and in addition to theright of any purchaser at tax sale to acquire tax deed in the manner and timenow provided by law.
CHAPTER 6 - IRRIGATION AND DRAINAGE DISTRICTS GENERALLY
ARTICLE 1 - JOINT OPERATION AND COOPERATION BETWEEN DISTRICTS
41-6-101. Authority to cooperate.
Whenevertwo (2) or more incorporated irrigation or drainage districts desire tocooperate in the operation and maintenance of their respective systems ofirrigation or drainage works, they may do so by availing themselves of theprovisions of this act, as hereinafter more particularly provided.
41-6-102. Election upon request of landowners; procedure generally.
Thecommissioners of any such district may, and, upon written request of not lessthan ten (10) landowners thereof, shall, at any time, submit to the qualifiedelectors thereof the question as to whether or not they desire their districtto cooperate with any other district or districts named, in the operation andmaintenance of their respective systems under the provisions of this act. Suchquestion may be submitted at any general district election, or at a specialelection duly called for the purpose, notice of which shall have been given asrequired by law in case of general elections in irrigation districts. In everycase, the notice of election shall state briefly but clearly the question to besubmitted, naming the district or districts with which it is proposed tocooperate. The vote shall be by ballot, and a majority of the votes cast shalldetermine the question. If more than two (2) districts are involved in the proposal,the electors shall in like manner determine the district or districts, if any,with which they desire their district to cooperate, in the event that they donot desire to cooperate with all the districts named in the proposal, or in theevent that any district or districts named in the proposal should voteadversely thereto. All elections held hereunder shall be conducted in the samemanner as general irrigation district elections are required by law to beconducted.
41-6-103. Certificate of election proceedings to be filed; effect offiling; effect of informal certificates on validity of election.
Wheneverany two (2) or more irrigation or drainage districts shall have voted tocooperate with one another under the provisions of this act, the respectivecommissioners thereof shall file in the office of the clerk of the court havingjurisdiction of the district proceedings, a certified copy of the minutes ofthe election proceedings, including a copy of the election notice. From andafter the filing of such certificates, the operation and maintenance of therespective irrigation or drainage, or irrigation and drainage works of saiddistricts shall be under the exclusive management and control of a board ofdistrict managers, as hereinafter particularly provided. No informality inthese certificates, or in the records of which they are a copy, shall affectthe validity of any such election, if in fact the same was held in substantialcompliance with this act.
41-6-104. Appeals.
Anydistrict aggrieved by any order of apportionment of operation and maintenancecosts, or any part thereof, may obtain judicial review as provided by theWyoming Administrative Procedure Act and the Wyoming Rules of AppellateProcedure.
41-6-105. Withdrawal from joint operations.
Thecommissioners of any district belonging to any association formed hereunder,may at any time submit to the qualified electors of their district the questionas to whether or not the district shall withdraw from such association. Suchelection shall be held as above provided, and if in any case, the vote shall bein favor of withdrawal, the result thereof shall be duly certified to theproper court, and notice thereof served upon the other districts involved.Thereupon such withdrawal will become operative on the first day of the secondDecember following such election, and thereafter the provisions of this actshall be applicable to such district.
41-6-120. Number of members; qualifications; succession; quorum; votingprocedures.
Theboard of district managers shall be composed of as many members as there aredistricts to be represented, and a majority of its members shall constitute aquorum. The commissioner in each district who has longest served the districtas such commissioner, shall be the member of the board of district managersfrom such district. In case of death, resignation, disability or absence of anydistrict manager, the commissioner from his district who is next in seniorityof service shall act as district manager in his stead. Where there is noseniority in service among the commissioners of any district, they themselvesshall determine the order in which they shall successively serve as members ofthe board of district managers. If the commissioners of all of the associateddistricts shall at any time so order, the board of district managers maythereafter be composed of two (2) commissioners from each district, but in suchcase the vote upon any question before the board shall be by districts, eachdistrict being entitled to cast one (1) vote by its representatives orrepresentative present.
41-6-121. President.
Thepresidency of the board of district managers shall devolve successively uponthe representatives of the respective districts, and the order of successionshall be determined in the first instance by lot. The first president shallhold office until the first day of the next succeeding December, and succeedingpresidents shall hold office for terms of one (1) year each. In the absence ofthe president, or in case of his death, resignation or inability to act, hisduties shall be discharged by the commissioner from his district who would beentitled to act in his stead, under the provisions of W.S. 41-6-120. Thepresident shall preside at all meetings of the board. He may vote upon allquestions, and, in case of tie, shall also cast the deciding vote. He shallperform such other duties as may be imposed upon him by law, or the order ofthe board.
41-6-122. Secretary.
Theboard of district managers shall appoint a secretary who may or may not be oneof their number. Such secretary shall hold his position at the pleasure of theboard, and shall perform such duties as may be imposed upon him by law, ororder of the board.
41-6-123. Treasurer.
Theboard of district managers shall appoint a treasurer for each of theassociated districts. The same person may be the treasurer of two (2) or moredistricts, and may also be secretary of the board. The funds of the associateddistricts shall not be commingled, however, but shall in all cases beseparately kept and accounted for.
41-6-124. Adoption of name.
Atits first meeting, the board of district managers shall adopt a name whichshall be formed by prefixing to the phrase "board of districtmanagers", some word or words different from any used for a like purposeby any other board within the same judicial jurisdiction. A certificate of theadoption of such name shall be filed promptly with the clerk of the court, orclerks, of the courts, having jurisdiction of the several district proceedings.
41-6-125. Powers generally.
Inthe operation, maintenance, preservation and repair of the constructed works ofthe associated districts, and in the assessment, levy, collection anddisbursement of district revenues for such purposes, and for the payment of theprincipal and interest on outstanding indebtedness, the board of districtmanagers shall succeed to and possess all the powers and be charged with allthe duties of the commissioners of the several districts which it represents.All other powers of the commissioners of such districts shall be possessed andretained by them, unimpaired, including those relating to uncompleted districtworks, or such additions to or extensions of such works as require a revisionor modification of assessed benefits. Whenever necessary in the discharge ofits duties, the board may use the name and corporate seal of any district whichit represents, always indicating, however, in some appropriate manner, that thesignature and seal have been affixed by the board.
41-6-126. Duties.
Itshall be the duty of the board of district managers so to control and conductthe affairs of the districts under their jurisdiction that each shall bear itsjust portion of the burdens and receive its just share of the benefitsresulting from cooperating management. Accurate and detailed accounts of theamount and cost of labor and material used in the work of each district shallbe separately kept, so far as practicable, and whenever labor or material isused for the common benefit of two (2) or more districts, a just apportionmentof the cost thereof shall be made between or among the districts benefited,and, in each such case the records of the board shall be made to show clearlythe basis of such apportionment.
41-6-127. Purchase of machinery, tools or equipment.
Inthe operation and maintenance of the works under its charge, the board ofdistrict managers shall, as far as practicable, avoid a duplication of laborand equipment. It shall have no power, however, to purchase machinery, tools orother equipment on account of any district, without written authority from two(2) of the commissioners from such district, and it shall have no power to purchasemachinery, tools or other equipment on the joint account of two (2) or moredistricts, without written authority from two (2) of the commissioners of eachof the districts to be charged therewith, which authority shall prescribe theagreed basis upon which the cost of such purchase shall be apportioned betweenor among such districts. Each district shall be charged with a reasonablerental or hire for the use of property or equipment owned by the associateddistricts. Such rental or hire shall be uniform to all the districts and shallbe so adjusted as to cover, all nearly as can be estimated, repair, interestand replacement costs, and such readjustments shall be made from time to timeas may be necessary in order that these costs shall ultimately be borne by thedistricts in proportion to the use which each has made of such property orequipment.
ARTICLE 2 - BONDS HELD BY STATE
41-6-201. Payment of installments.
Anyirrigation or drainage district, all of whose outstanding bonds are held by thestate of Wyoming, may, on any date when an installment of principal or interestmatures, pay to the state treasurer the whole of any unmatured installment orinstallments of the principal indebtedness evidenced by any such bond or bonds.Upon receipt of any such payment, said treasurer shall make proper notationthereof upon the bond or bonds to which it is to be applied, and shall alsomake proper notation of credit for any unaccrued interest upon the installmentspaid which may be included in any coupon subsequently maturing.
41-6-202. Payment of installments; construction assessments oflandowners.
Theowner of any land in any irrigation or drainage district coming within theprovisions of W.S. 41-6-201, may, not less than ten (10) days before the maturityof any installment of principal or interest evidenced by such bonds, pay to thetreasurer of the county in which said lands are situated, all or any part ofthe unmatured portion of any assessment for construction levied against thesame to provide for the payment of its proportionate share of the indebtednessevidenced by said bonds. Upon receipt of any such payment, said countytreasurer shall cause proper credit to be entered upon the record of saidassessment, and thereafter a corresponding reduction shall be made in theannual installments of said assessment to be collected. The acceptance of suchpayments shall not be construed, however, as relieving any such land from itsliability for future assessments made for any lawful purpose. Upon receipt ofany such payments, the county treasurer shall promptly remit the same to thestate treasurer, who shall, on the date on which the next installment ofprincipal or interest shall mature, credit all payments thus received upon thebonds of the district, as provided in the preceding section, retaining anyamount too small to be applied until it shall be sufficiently augmented byfuture payments to admit of its application as therein provided.
41-6-203. Filing of certificate of delinquency; suspension of districtcommissioners; appointment of special commissioner; powers and dutiesgenerally; compensation.
(a) If the bonds or other obligations, or any part thereof, ofany drainage or irrigation district, which are owned by the state of Wyoming,are in default as to principal or interest or both, or if the state of Wyomingholds an unsatisfied judgment against any drainage or irrigation district forunpaid interest or principal or both, of the bonds of that district which areowned by the state of Wyoming, upon being advised in writing of that fact bythe state treasurer, the state loan and investment board shall file acertificate setting forth that fact and stating the amount of the delinquency,the name of the district and the names of the commissioners of the district,with the clerk of the district court having jurisdiction of the drainage orirrigation district the bonds or obligations of which, or any part thereof, arein default or the judgment is unsatisfied. Upon filing the certificate and thefiling being called to the attention of the judge of the district court, thejudge of the district court shall suspend the commissioners of the districtfrom office.
(b) Immediately upon the suspension of the commissioners asprovided in subsection (a) of this section, the state loan and investmentboard, by and with the consent and approval of the governor, shall appoint aspecial commissioner for the district who shall be a resident of the state ofWyoming. The governor may remove any special commissioner as provided in W.S.9-1-202. Any vacancy created by the removal of a special commissioner may befilled by further appointment of another special commissioner for the districtby the state loan and investment board, by and with the consent and approval ofthe governor.
(c) The special commissioner has all the power and authorityand shall perform all the duties required by law of commissioners of drainageor irrigation districts, as the case may be, and shall perform his duties inaccordance with the laws governing those districts.
(d) Compensation and expenses of the special commissioner shallbe paid for by the district.
41-6-204. Term of special commissioner; appointment of districtcommissioners after expiration of term.
Thespecial commissioner, or his successor or successors, shall continue in chargeof such drainage or irrigation district until a certificate is filed with theclerk of the district court of the district in which said drainage orirrigation district is located by the state loan and investment board to theeffect that the delinquency has been removed and that such drainage orirrigation district is in such financial condition that it is believed that thespecial commissioner is no longer necessary, whereupon commissioners for suchdistrict may be appointed by the court, or elected by the district, as the casemay be; provided, however, that this shall not prevent the subsequentappointment of a special commissioner for any of the reasons provided in W.S. 41-6-203.
41-6-205. Special commissioner may serve for several districts.
Thestate loan and investment board may appoint the same person as specialcommissioner for any number of drainage or irrigation districts.
41-6-206. Action by attorney general; service of process; sale ofproperty to satisfy judgment.
Wheneverthe state loan and investment board deems it advisable after being advised ofthe default in the payment by any drainage or irrigation district of principalor interest, or both, due to the state of Wyoming upon bonds or otherobligations of such drainage or irrigation district owned by the state ofWyoming, it shall instruct the attorney general to take such steps as he deemsnecessary to collect the amount due. In case an action is filed, process may beserved in case a special commissioner has been appointed by leaving a copythereof with the special commissioner. Any property which the district owns, orin which it has any equity, may be levied upon to satisfy any judgment obtainedin the manner now provided by law, except that no appraisement of such propertyshall be required; and at any sale of property of said district underexecution, the state of Wyoming may bid in such property in any amount deemedadvisable by the state loan and investment board; provided, however, that noproperty of the district shall be bid in by the state of Wyoming for a sum inexcess of the amount of the judgment held by the state of Wyoming.
41-6-207. Certificate stating special commissioner no longer necessaryto be filed; state loan and investment board to sell equipment; disposition ofproceeds.
Thestate loan and investment board shall immediately, after the effective date ofthis section, file with the clerk of any district court which has appointed aspecial commissioner under the provisions of W.S. 41-6-203, a certificate tothe effect that the drainage district for which such special commissioner wasappointed is in such financial condition that it is believed that the specialcommissioner is no longer necessary, which certificate shall comply in allrespects with the provisions of W.S. 41-6-204, except that it shall not benecessary that the certificate state that all delinquency has been removed. TheWyoming farm loan board is further directed to immediately take all necessarysteps to sell and dispose of any and all equipment owned by the state loan andinvestment board or the state of Wyoming and used by such commissioner in theoperation of any such drainage district, such sale to be conducted inaccordance with the provisions of existing law for the sale of state property.When such sales shall have been completed all proceeds received therefrom shallbe paid into the general fund of the state of Wyoming by the state loan andinvestment board.
41-6-208. Title and control of lands bid in by state; disposition ofincome.
Thetitle to any lands so bid in shall be taken in the name of the state loan andinvestment board, and said lands shall be administered, leased and sold by thestate loan and investment board, and said board shall have full power andauthority to sell, contract for sale, and lease said lands for such prices andupon such terms as the state loan and investment board deems for the bestinterests of the state. All rentals or income from such lands shall be applied,first, to the payment of the expenses of the administration of such lands, andthe balance, if any, together with all proceeds from the sale of such lands,shall be paid to the state treasurer and by him credited to the permanent fundbond account of the drainage or irrigation district in which such lands arelocated.
41-6-209. Quorum of board.
Amajority of the members of the state loan and investment board shall constitutea quorum to transact any business provided for under W.S. 41-6-203 through41-6-206, 41-6-208 and 41-6-209.
ARTICLE 3 - DETERMINATION OF RIGHTS OF JOINT USERS ORCLAIMANTS
41-6-301. Disagreements may be referred to water commissioner; actionby commissioner; fees.
Whentwo (2) or more persons, joint owners in an irrigation ditch or reservoir, notincorporated, or their lessees, are unable to agree relative to the division ordistribution of water received through their ditch or from their reservoir, itshall be lawful for any of the owners or lessees to apply to the watercommissioner of the district in which the ditch or reservoir shall be located,by a written notice setting forth that fact, asking the water commissioner totake charge of the ditch or reservoir for the purpose of making a just divisionor distribution of the water from the ditch or reservoir to the partiesentitled to the use of the water. The water commissioner shall take exclusivecharge of the ditch or reservoir for the purpose of dividing the water inaccordance with rights established by existing decrees, and continuing the workuntil the necessity shall cease to exist. In all cases where the watercommissioner or a deputy water commissioner is called upon to divide the watersof a ditch or reservoir between appropriators, when the term of his employmentexceeds three (3) consecutive days he shall be paid in full for his service bythe interested water users in proportion to the established rights of each. Anypayments not made for the service of the water commissioner after a writtendemand has been made for payment, the bill for the water commissioner'sservices shall be a lien upon any land or other property owned by an interestedwater user refusing to pay and may be recovered in any court of competentjurisdiction. Any reimbursement recovered under this section for services ofthe water commissioner shall be paid into the general fund.
41-6-302. Actions for injunctions; notice; hearings; issuance ofinjunctions or restraining orders; bond.
Incases when suits for injunction are brought affecting the use of water fromstreams upon which the rights to the use of water have been adjudicated, norestraining order shall be granted by the court, judge or court commissioner,before hearing had after at least three (3) days notice thereof, served uponall persons defendant. All suits for injunction involving the use of water fromstreams shall be heard, either in term time or during vacation as the case maybe, not later than fifteen (15) days after issues joined. In no case shall aninjunction or restraining order be issued or become operative until the partyobtaining the same executes an undertaking, to the defendants, with good andsufficient surety, to be approved by the clerk of the court granting the same,in an amount fixed by court, judge or commissioner allowing the same,conditioned to secure to the party enjoined all actual damages he may sustainif it be finally decided that the injunction or restraining order ought not tohave been granted.
41-6-303. Relative interests of joint owners.
Unlessthe owners of ditches, canals and reservoirs make a record as herein provided,or have a record thereof made in some other manner, showing the relativeownership of each interested party in such irrigation works, said interestsshall be established by the ratio between the water right of each water user tothe total water rights adjudicated under such irrigation works. The relativeinterests of joint owners shall, therefore, be fixed by the issuance of thefinal certificate of appropriation as the same appears of record on the date ofthe passage of this act or as they shall hereafter be recorded in the office ofthe board of control and in the office of the respective county clerks, and noaction for the recovery of the title to such irrigation works can be broughtafter ten (10) years from the date when the final certificates of appropriationhave been recorded in the office of said county clerk; provided, that duringsuch ten (10) years the interested water users as mentioned in the finalcertificates of appropriation, or their successors, have had continuous, open,adverse and undisputed possession of such irrigation works. Every conveyance ofa ditch, canal or reservoir, or any interest therein, shall hereafter beexecuted and acknowledged in the same manner as a conveyance of real estate andrecorded as herein provided, and any such conveyance which shall not be made inconformity with the provisions of this act, shall be null and void as againstsubsequent purchasers thereof in good faith and for a valuable consideration.
41-6-304. Affidavits of interest; parties joining in; filing;contents.
Anyperson, persons, partnership or association of individuals, or corporation, mayfile in the office of the board of control, and in the office of the countyclerk of the county wherein any ditch, reservoir or other irrigation worksshall be located, an affidavit, duly sworn to before an officer authorized toacknowledge deeds, or before a water superintendent of this state, joined in,signed, and sworn to by all the parties having an interest in such ditch orditch right, or by the guardian of any such person, if insane or a minor, or incase of a corporation by any two (2) of its officers, stating therein the nameof the ditch, the ownership of said ditch, the interest each claimant ownstherein specifically, the method of securing rights of way or irrigation worksand the date of such procedure and referring to the records of the office ofthe state engineer or board of control, or both, relative to dimensions ofirrigation works, their location, and adjudicated rights to water conveyed inor stored in such works and such other information as may be deemed necessary.
41-6-305. Affidavits of interest; as evidence; statute of limitationsfor civil actions upon.
Whensaid affidavit hereinbefore mentioned has been duly executed and filed andrecorded as hereinbefore prescribed, the facts therein stated shall be primafacie evidence of the truth thereof in any court of the United States, and noaction for the recovery of the title or possession of such irrigation works canbe brought after ten (10) years from the time of the recording of suchaffidavit; provided, that during such ten (10) years the claimant as mentionedin such affidavit, or his successor, in rights, has been in continuous, openand undisputed possession of such irrigation works.
41-6-306. Affidavits of interest; transfer of interests after filing.
Anytransfer made to a purchaser in good faith and for a valuable consideration, ofany such irrigation works after the expiration of ten (10) years from thefiling of the affidavit as hereinbefore provided, shall vest in the grantee ofsuch transfer an absolute title in fee simple, free from the claims of anyperson whatsoever, to the extent that such irrigation works are claimed in thesaid affidavit of such grantor or his predecessor in interest, unless beforethe expiration of said ten (10) years any other party claiming an interest in suchirrigation works has filed in the office of the county clerk of the countywherein his, her, or its land, irrigated by such ditch, may be situated, anaffidavit as mentioned in section 23 hereof.
41-6-307. Affidavits of interest; perjured statements.
Anyperson who knowingly falsely states his or her ownership in such irrigationworks, or the extent thereof, or any guardian who in like manner makes suchstatement on behalf of his or her ward, or any person who in like manner makessuch a statement on behalf of a corporation, shall be guilty of perjury andupon conviction thereof shall be punished.
41-6-308. Action in equity to determine rights of claimants;construction of act.
Wherethe ownership of any irrigation works is disputed, or jointly claimed by anyperson, partnership or corporation, and the several owners cannot agree uponthe amount of interest owned by each, and one (1) or more claimants of suchright desire the filing of the affidavit as hereinbefore mentioned, while theother or others do not desire to join therein, one (1) or more such claimantsmay bring an action in equity in the district court of any county wherein theland or parts of the land affected by such ditch or ditch right is located, andsaid court shall determine the right of the several claimants to such ditch orditch right, and determine all the facts necessary in the affidavithereinbefore prescribed, and such decree shall, after being filed and recordedin the office of the county clerk of the proper county as hereinbeforeprescribed, have the same force and effect as the affidavit hereinbeforeprescribed; provided, that the provisions of W.S. 41-6-303 through 41-6-308shall not be construed to relate to water rights, or in any way to conflictwith the laws governing the same.
ARTICLE 4 - CONTESTING ORGANIZATION OR ASSESSMENTS; LIMITATIONOF ACTIONS
41-6-401. Organization.
Whenany irrigation or drainage district has been organized and the legality of itsorganization has not been questioned by proceedings in quo warranto, orotherwise, within one (1) year from the effective date of this act as todistricts heretofore organized, or within two (2) years from the date of entryof the order of court establishing such district and appointing commissionerstherefor as to districts hereafter organized, it shall be conclusively deemedto be a legally established district, and its lawful organization shall not bequestioned in any subsequent suit or proceeding.
41-6-402. Assessments.
Whereany irrigation or drainage district shall make and levy any assessment againstany property within such district, the same shall not be questioned in any suitor proceeding unless such suit or proceeding is instituted on or before thesecond December 31st following such levy or assessment.
ARTICLE 5 - TAXES AND ASSESSMENTS; ENFORCEMENT OF LIENS
41-6-501. "Land" defined.
Theword "land", as used in this act, shall be construed to mean townlots and any and all kinds of real property and premises, with the improvementsthereon and the fixtures and appurtenances thereunto belonging.
41-6-502. "Person" defined.
Theword "person", as used in this act, shall be construed to mean anyperson, corporation or copartnership, or any association owning land.
41-6-503. Foreclosure of tax deeds; tax certificates as liens; actionsto enforce generally; sale of lands generally.
Any person, drainage district or irrigationdistrict holding a drainage or irrigation tax sale certificate of purchase ortax deed heretofore or hereafter issued for delinquent drainage or irrigationtaxes and assessments legally levied and assessed, together with the penaltyand costs due on the land described therein, shall have a lien on said land forsuch taxes, penalty and costs, and all subsequent taxes paid thereon by saidperson, drainage or irrigation district and those under whom he holds, withinterest thereon, and all accruing penalties, and for the value of allimprovements placed thereon by such lienholder while lawfully in possession ofthe premises, and those under whom the same is held, which lien shall besuperior to any other lien, except that of subsequent taxes, and may beenforced by such lienholder by a civil action in the district court of thecounty wherein said land lies, or in any action in such court concerning saidland in which such lienholder may be made a defendant; in which action everyperson having an interest in said land, as shown by the records in the officeof the county clerk of said county, may be made a party; and all theproceedings in such action, so far as applicable and not inconsistent with theprovisions of this act, shall be the same as provided by law, for theforeclosure of mortgages on real estate by action and sales thereunder;provided that the decree rendered in such action may contain the order of sale,directed to the sheriff of said county, commanding him to advertise and sellsaid lands without appraisement, and to make a return of his proceedingsthereunder within sixty (60) days from the date thereof, which shall besufficient authority for the sale of said land, and no other order of saleshall be necessary; and provided further, that any number of tracts of landbelonging to any one (1) person upon which any one (1) lienholder shall havesaid lien, may be united in one (1) suit, in which suit each of said tracts ofland shall bear its proportionate share of the cost of such suit, calculatedupon the amount for which it shall sell. Provided further, that no such actionshall be commenced on any drainage or irrigation district tax sale certificatewithin eighteen (18) months from the date of the sale mentioned herein.
41-6-504. Foreclosure of tax deeds; joinder of defendants; pleading;decree; rights of assignee of tax deed.
Whena drainage or irrigation district is the plaintiff in any suit brought underthe provisions hereof, it may join all owners of real estate covered by its taxsale certificates of purchase or tax deeds as defendants, whether jointly orseparately interested in the real estate, or any part thereof, and may unite insuch action any persons having or claiming to have any interest in the realestate described in the petition. The defendants may plead jointly orseparately to the petition and the court shall try and determine all issuesbetween the plaintiff and each and all of the defendants, and shall, in itsdecree, ascertain and determine the amount of taxes, interest and costschargeable to each particular tract or lot of real estate, and state the nameor names of all defendants who have an interest in each tract or lot of realestate upon which the lien is fixed by its decree. The fact that the owners ofseparate or different lots of real estate are joined as defendants in one (1)action shall not constitute a defense on the part of any one (1) or more of thedefendants, or misjoinder of defendants, or causes of action, and like rightsshall be extended to any assignee of said drainage or irrigation district, taxcertificate or tax deeds.
41-6-505. Foreclosure of tax deeds; sale procedures generally;redemption.
Inpursuance of said order of sale, whether contained in said decree or issuedthereafter, the sheriff of said county shall immediately advertise the propertyfor sale, and shall sell the same at public auction, without appraisement, tothe highest bidder for cash, and shall make a return of his proceedingsthereunder within sixty (60) days from the date thereof; and said lands shallbe sold in tracts or parcels with reference to the rights of all partiestherein, as the court in said order of sale may direct; at which sale saidlienholder may bid as any other person, but, in the event of becoming thepurchaser thereof, he shall not be required to pay any money, except such sumonly as his bid may exceed the amount due him under said decree; and, uponconfirmation of said sale by the court, the said sheriff shall execute a deedas nearly as may be in cases of mortgage foreclosure, conveying to thepurchaser of said property, his heirs and assigns, all the right, title,estate, claim and interest, both at law and in equity, of all parties to saidaction in and to said land, subject only to subsequent taxes; and, upon requestof the purchaser thereof, a writ of assistance shall issue to place saidpurchaser in possession of said land; provided, that any person having aninterest in said land, may redeem the land in which he is interested at anytime before the confirmation of such sale by the court, by paying into court asum of money sufficient to discharge the lien thereon, for the use of thelienholder, and upon such terms as to the payment of the costs as the court maydirect.
41-6-506. Foreclosure of tax deeds; disposition of sale proceeds.
(a) Upon the confirmation of such sale, the proceeds arisingtherefrom shall be delivered by the sheriff to the clerk of said court to beapplied by him as follows:
(i) To the payment of all costs of such action and sale,including an attorney fee to the lienholder's attorney to be allowed by thecourt;
(ii) To the payment of all sums due the lienholder, includingthe value of all improvements placed on said land by said lienholder and thoseunder whom he holds;
(iii) The balance, if any, to be paid to the prior owners of saidland and those having an interest therein, as their interests may appear.
41-6-507. Remedy cumulative.
Theright and remedy herein provided for shall be cumulative and in addition to theright of any purchaser at tax sale to acquire tax deed in the manner and timenow provided by law.
CHAPTER 6 - IRRIGATION AND DRAINAGE DISTRICTS GENERALLY
ARTICLE 1 - JOINT OPERATION AND COOPERATION BETWEEN DISTRICTS
41-6-101. Authority to cooperate.
Whenevertwo (2) or more incorporated irrigation or drainage districts desire tocooperate in the operation and maintenance of their respective systems ofirrigation or drainage works, they may do so by availing themselves of theprovisions of this act, as hereinafter more particularly provided.
41-6-102. Election upon request of landowners; procedure generally.
Thecommissioners of any such district may, and, upon written request of not lessthan ten (10) landowners thereof, shall, at any time, submit to the qualifiedelectors thereof the question as to whether or not they desire their districtto cooperate with any other district or districts named, in the operation andmaintenance of their respective systems under the provisions of this act. Suchquestion may be submitted at any general district election, or at a specialelection duly called for the purpose, notice of which shall have been given asrequired by law in case of general elections in irrigation districts. In everycase, the notice of election shall state briefly but clearly the question to besubmitted, naming the district or districts with which it is proposed tocooperate. The vote shall be by ballot, and a majority of the votes cast shalldetermine the question. If more than two (2) districts are involved in the proposal,the electors shall in like manner determine the district or districts, if any,with which they desire their district to cooperate, in the event that they donot desire to cooperate with all the districts named in the proposal, or in theevent that any district or districts named in the proposal should voteadversely thereto. All elections held hereunder shall be conducted in the samemanner as general irrigation district elections are required by law to beconducted.
41-6-103. Certificate of election proceedings to be filed; effect offiling; effect of informal certificates on validity of election.
Wheneverany two (2) or more irrigation or drainage districts shall have voted tocooperate with one another under the provisions of this act, the respectivecommissioners thereof shall file in the office of the clerk of the court havingjurisdiction of the district proceedings, a certified copy of the minutes ofthe election proceedings, including a copy of the election notice. From andafter the filing of such certificates, the operation and maintenance of therespective irrigation or drainage, or irrigation and drainage works of saiddistricts shall be under the exclusive management and control of a board ofdistrict managers, as hereinafter particularly provided. No informality inthese certificates, or in the records of which they are a copy, shall affectthe validity of any such election, if in fact the same was held in substantialcompliance with this act.
41-6-104. Appeals.
Anydistrict aggrieved by any order of apportionment of operation and maintenancecosts, or any part thereof, may obtain judicial review as provided by theWyoming Administrative Procedure Act and the Wyoming Rules of AppellateProcedure.
41-6-105. Withdrawal from joint operations.
Thecommissioners of any district belonging to any association formed hereunder,may at any time submit to the qualified electors of their district the questionas to whether or not the district shall withdraw from such association. Suchelection shall be held as above provided, and if in any case, the vote shall bein favor of withdrawal, the result thereof shall be duly certified to theproper court, and notice thereof served upon the other districts involved.Thereupon such withdrawal will become operative on the first day of the secondDecember following such election, and thereafter the provisions of this actshall be applicable to such district.
41-6-120. Number of members; qualifications; succession; quorum; votingprocedures.
Theboard of district managers shall be composed of as many members as there aredistricts to be represented, and a majority of its members shall constitute aquorum. The commissioner in each district who has longest served the districtas such commissioner, shall be the member of the board of district managersfrom such district. In case of death, resignation, disability or absence of anydistrict manager, the commissioner from his district who is next in seniorityof service shall act as district manager in his stead. Where there is noseniority in service among the commissioners of any district, they themselvesshall determine the order in which they shall successively serve as members ofthe board of district managers. If the commissioners of all of the associateddistricts shall at any time so order, the board of district managers maythereafter be composed of two (2) commissioners from each district, but in suchcase the vote upon any question before the board shall be by districts, eachdistrict being entitled to cast one (1) vote by its representatives orrepresentative present.
41-6-121. President.
Thepresidency of the board of district managers shall devolve successively uponthe representatives of the respective districts, and the order of successionshall be determined in the first instance by lot. The first president shallhold office until the first day of the next succeeding December, and succeedingpresidents shall hold office for terms of one (1) year each. In the absence ofthe president, or in case of his death, resignation or inability to act, hisduties shall be discharged by the commissioner from his district who would beentitled to act in his stead, under the provisions of W.S. 41-6-120. Thepresident shall preside at all meetings of the board. He may vote upon allquestions, and, in case of tie, shall also cast the deciding vote. He shallperform such other duties as may be imposed upon him by law, or the order ofthe board.
41-6-122. Secretary.
Theboard of district managers shall appoint a secretary who may or may not be oneof their number. Such secretary shall hold his position at the pleasure of theboard, and shall perform such duties as may be imposed upon him by law, ororder of the board.
41-6-123. Treasurer.
Theboard of district managers shall appoint a treasurer for each of theassociated districts. The same person may be the treasurer of two (2) or moredistricts, and may also be secretary of the board. The funds of the associateddistricts shall not be commingled, however, but shall in all cases beseparately kept and accounted for.
41-6-124. Adoption of name.
Atits first meeting, the board of district managers shall adopt a name whichshall be formed by prefixing to the phrase "board of districtmanagers", some word or words different from any used for a like purposeby any other board within the same judicial jurisdiction. A certificate of theadoption of such name shall be filed promptly with the clerk of the court, orclerks, of the courts, having jurisdiction of the several district proceedings.
41-6-125. Powers generally.
Inthe operation, maintenance, preservation and repair of the constructed works ofthe associated districts, and in the assessment, levy, collection anddisbursement of district revenues for such purposes, and for the payment of theprincipal and interest on outstanding indebtedness, the board of districtmanagers shall succeed to and possess all the powers and be charged with allthe duties of the commissioners of the several districts which it represents.All other powers of the commissioners of such districts shall be possessed andretained by them, unimpaired, including those relating to uncompleted districtworks, or such additions to or extensions of such works as require a revisionor modification of assessed benefits. Whenever necessary in the discharge ofits duties, the board may use the name and corporate seal of any district whichit represents, always indicating, however, in some appropriate manner, that thesignature and seal have been affixed by the board.
41-6-126. Duties.
Itshall be the duty of the board of district managers so to control and conductthe affairs of the districts under their jurisdiction that each shall bear itsjust portion of the burdens and receive its just share of the benefitsresulting from cooperating management. Accurate and detailed accounts of theamount and cost of labor and material used in the work of each district shallbe separately kept, so far as practicable, and whenever labor or material isused for the common benefit of two (2) or more districts, a just apportionmentof the cost thereof shall be made between or among the districts benefited,and, in each such case the records of the board shall be made to show clearlythe basis of such apportionment.
41-6-127. Purchase of machinery, tools or equipment.
Inthe operation and maintenance of the works under its charge, the board ofdistrict managers shall, as far as practicable, avoid a duplication of laborand equipment. It shall have no power, however, to purchase machinery, tools orother equipment on account of any district, without written authority from two(2) of the commissioners from such district, and it shall have no power to purchasemachinery, tools or other equipment on the joint account of two (2) or moredistricts, without written authority from two (2) of the commissioners of eachof the districts to be charged therewith, which authority shall prescribe theagreed basis upon which the cost of such purchase shall be apportioned betweenor among such districts. Each district shall be charged with a reasonablerental or hire for the use of property or equipment owned by the associateddistricts. Such rental or hire shall be uniform to all the districts and shallbe so adjusted as to cover, all nearly as can be estimated, repair, interestand replacement costs, and such readjustments shall be made from time to timeas may be necessary in order that these costs shall ultimately be borne by thedistricts in proportion to the use which each has made of such property orequipment.
ARTICLE 2 - BONDS HELD BY STATE
41-6-201. Payment of installments.
Anyirrigation or drainage district, all of whose outstanding bonds are held by thestate of Wyoming, may, on any date when an installment of principal or interestmatures, pay to the state treasurer the whole of any unmatured installment orinstallments of the principal indebtedness evidenced by any such bond or bonds.Upon receipt of any such payment, said treasurer shall make proper notationthereof upon the bond or bonds to which it is to be applied, and shall alsomake proper notation of credit for any unaccrued interest upon the installmentspaid which may be included in any coupon subsequently maturing.
41-6-202. Payment of installments; construction assessments oflandowners.
Theowner of any land in any irrigation or drainage district coming within theprovisions of W.S. 41-6-201, may, not less than ten (10) days before the maturityof any installment of principal or interest evidenced by such bonds, pay to thetreasurer of the county in which said lands are situated, all or any part ofthe unmatured portion of any assessment for construction levied against thesame to provide for the payment of its proportionate share of the indebtednessevidenced by said bonds. Upon receipt of any such payment, said countytreasurer shall cause proper credit to be entered upon the record of saidassessment, and thereafter a corresponding reduction shall be made in theannual installments of said assessment to be collected. The acceptance of suchpayments shall not be construed, however, as relieving any such land from itsliability for future assessments made for any lawful purpose. Upon receipt ofany such payments, the county treasurer shall promptly remit the same to thestate treasurer, who shall, on the date on which the next installment ofprincipal or interest shall mature, credit all payments thus received upon thebonds of the district, as provided in the preceding section, retaining anyamount too small to be applied until it shall be sufficiently augmented byfuture payments to admit of its application as therein provided.
41-6-203. Filing of certificate of delinquency; suspension of districtcommissioners; appointment of special commissioner; powers and dutiesgenerally; compensation.
(a) If the bonds or other obligations, or any part thereof, ofany drainage or irrigation district, which are owned by the state of Wyoming,are in default as to principal or interest or both, or if the state of Wyomingholds an unsatisfied judgment against any drainage or irrigation district forunpaid interest or principal or both, of the bonds of that district which areowned by the state of Wyoming, upon being advised in writing of that fact bythe state treasurer, the state loan and investment board shall file acertificate setting forth that fact and stating the amount of the delinquency,the name of the district and the names of the commissioners of the district,with the clerk of the district court having jurisdiction of the drainage orirrigation district the bonds or obligations of which, or any part thereof, arein default or the judgment is unsatisfied. Upon filing the certificate and thefiling being called to the attention of the judge of the district court, thejudge of the district court shall suspend the commissioners of the districtfrom office.
(b) Immediately upon the suspension of the commissioners asprovided in subsection (a) of this section, the state loan and investmentboard, by and with the consent and approval of the governor, shall appoint aspecial commissioner for the district who shall be a resident of the state ofWyoming. The governor may remove any special commissioner as provided in W.S.9-1-202. Any vacancy created by the removal of a special commissioner may befilled by further appointment of another special commissioner for the districtby the state loan and investment board, by and with the consent and approval ofthe governor.
(c) The special commissioner has all the power and authorityand shall perform all the duties required by law of commissioners of drainageor irrigation districts, as the case may be, and shall perform his duties inaccordance with the laws governing those districts.
(d) Compensation and expenses of the special commissioner shallbe paid for by the district.
41-6-204. Term of special commissioner; appointment of districtcommissioners after expiration of term.
Thespecial commissioner, or his successor or successors, shall continue in chargeof such drainage or irrigation district until a certificate is filed with theclerk of the district court of the district in which said drainage orirrigation district is located by the state loan and investment board to theeffect that the delinquency has been removed and that such drainage orirrigation district is in such financial condition that it is believed that thespecial commissioner is no longer necessary, whereupon commissioners for suchdistrict may be appointed by the court, or elected by the district, as the casemay be; provided, however, that this shall not prevent the subsequentappointment of a special commissioner for any of the reasons provided in W.S. 41-6-203.
41-6-205. Special commissioner may serve for several districts.
Thestate loan and investment board may appoint the same person as specialcommissioner for any number of drainage or irrigation districts.
41-6-206. Action by attorney general; service of process; sale ofproperty to satisfy judgment.
Wheneverthe state loan and investment board deems it advisable after being advised ofthe default in the payment by any drainage or irrigation district of principalor interest, or both, due to the state of Wyoming upon bonds or otherobligations of such drainage or irrigation district owned by the state ofWyoming, it shall instruct the attorney general to take such steps as he deemsnecessary to collect the amount due. In case an action is filed, process may beserved in case a special commissioner has been appointed by leaving a copythereof with the special commissioner. Any property which the district owns, orin which it has any equity, may be levied upon to satisfy any judgment obtainedin the manner now provided by law, except that no appraisement of such propertyshall be required; and at any sale of property of said district underexecution, the state of Wyoming may bid in such property in any amount deemedadvisable by the state loan and investment board; provided, however, that noproperty of the district shall be bid in by the state of Wyoming for a sum inexcess of the amount of the judgment held by the state of Wyoming.
41-6-207. Certificate stating special commissioner no longer necessaryto be filed; state loan and investment board to sell equipment; disposition ofproceeds.
Thestate loan and investment board shall immediately, after the effective date ofthis section, file with the clerk of any district court which has appointed aspecial commissioner under the provisions of W.S. 41-6-203, a certificate tothe effect that the drainage district for which such special commissioner wasappointed is in such financial condition that it is believed that the specialcommissioner is no longer necessary, which certificate shall comply in allrespects with the provisions of W.S. 41-6-204, except that it shall not benecessary that the certificate state that all delinquency has been removed. TheWyoming farm loan board is further directed to immediately take all necessarysteps to sell and dispose of any and all equipment owned by the state loan andinvestment board or the state of Wyoming and used by such commissioner in theoperation of any such drainage district, such sale to be conducted inaccordance with the provisions of existing law for the sale of state property.When such sales shall have been completed all proceeds received therefrom shallbe paid into the general fund of the state of Wyoming by the state loan andinvestment board.
41-6-208. Title and control of lands bid in by state; disposition ofincome.
Thetitle to any lands so bid in shall be taken in the name of the state loan andinvestment board, and said lands shall be administered, leased and sold by thestate loan and investment board, and said board shall have full power andauthority to sell, contract for sale, and lease said lands for such prices andupon such terms as the state loan and investment board deems for the bestinterests of the state. All rentals or income from such lands shall be applied,first, to the payment of the expenses of the administration of such lands, andthe balance, if any, together with all proceeds from the sale of such lands,shall be paid to the state treasurer and by him credited to the permanent fundbond account of the drainage or irrigation district in which such lands arelocated.
41-6-209. Quorum of board.
Amajority of the members of the state loan and investment board shall constitutea quorum to transact any business provided for under W.S. 41-6-203 through41-6-206, 41-6-208 and 41-6-209.
ARTICLE 3 - DETERMINATION OF RIGHTS OF JOINT USERS ORCLAIMANTS
41-6-301. Disagreements may be referred to water commissioner; actionby commissioner; fees.
Whentwo (2) or more persons, joint owners in an irrigation ditch or reservoir, notincorporated, or their lessees, are unable to agree relative to the division ordistribution of water received through their ditch or from their reservoir, itshall be lawful for any of the owners or lessees to apply to the watercommissioner of the district in which the ditch or reservoir shall be located,by a written notice setting forth that fact, asking the water commissioner totake charge of the ditch or reservoir for the purpose of making a just divisionor distribution of the water from the ditch or reservoir to the partiesentitled to the use of the water. The water commissioner shall take exclusivecharge of the ditch or reservoir for the purpose of dividing the water inaccordance with rights established by existing decrees, and continuing the workuntil the necessity shall cease to exist. In all cases where the watercommissioner or a deputy water commissioner is called upon to divide the watersof a ditch or reservoir between appropriators, when the term of his employmentexceeds three (3) consecutive days he shall be paid in full for his service bythe interested water users in proportion to the established rights of each. Anypayments not made for the service of the water commissioner after a writtendemand has been made for payment, the bill for the water commissioner'sservices shall be a lien upon any land or other property owned by an interestedwater user refusing to pay and may be recovered in any court of competentjurisdiction. Any reimbursement recovered under this section for services ofthe water commissioner shall be paid into the general fund.
41-6-302. Actions for injunctions; notice; hearings; issuance ofinjunctions or restraining orders; bond.
Incases when suits for injunction are brought affecting the use of water fromstreams upon which the rights to the use of water have been adjudicated, norestraining order shall be granted by the court, judge or court commissioner,before hearing had after at least three (3) days notice thereof, served uponall persons defendant. All suits for injunction involving the use of water fromstreams shall be heard, either in term time or during vacation as the case maybe, not later than fifteen (15) days after issues joined. In no case shall aninjunction or restraining order be issued or become operative until the partyobtaining the same executes an undertaking, to the defendants, with good andsufficient surety, to be approved by the clerk of the court granting the same,in an amount fixed by court, judge or commissioner allowing the same,conditioned to secure to the party enjoined all actual damages he may sustainif it be finally decided that the injunction or restraining order ought not tohave been granted.
41-6-303. Relative interests of joint owners.
Unlessthe owners of ditches, canals and reservoirs make a record as herein provided,or have a record thereof made in some other manner, showing the relativeownership of each interested party in such irrigation works, said interestsshall be established by the ratio between the water right of each water user tothe total water rights adjudicated under such irrigation works. The relativeinterests of joint owners shall, therefore, be fixed by the issuance of thefinal certificate of appropriation as the same appears of record on the date ofthe passage of this act or as they shall hereafter be recorded in the office ofthe board of control and in the office of the respective county clerks, and noaction for the recovery of the title to such irrigation works can be broughtafter ten (10) years from the date when the final certificates of appropriationhave been recorded in the office of said county clerk; provided, that duringsuch ten (10) years the interested water users as mentioned in the finalcertificates of appropriation, or their successors, have had continuous, open,adverse and undisputed possession of such irrigation works. Every conveyance ofa ditch, canal or reservoir, or any interest therein, shall hereafter beexecuted and acknowledged in the same manner as a conveyance of real estate andrecorded as herein provided, and any such conveyance which shall not be made inconformity with the provisions of this act, shall be null and void as againstsubsequent purchasers thereof in good faith and for a valuable consideration.
41-6-304. Affidavits of interest; parties joining in; filing;contents.
Anyperson, persons, partnership or association of individuals, or corporation, mayfile in the office of the board of control, and in the office of the countyclerk of the county wherein any ditch, reservoir or other irrigation worksshall be located, an affidavit, duly sworn to before an officer authorized toacknowledge deeds, or before a water superintendent of this state, joined in,signed, and sworn to by all the parties having an interest in such ditch orditch right, or by the guardian of any such person, if insane or a minor, or incase of a corporation by any two (2) of its officers, stating therein the nameof the ditch, the ownership of said ditch, the interest each claimant ownstherein specifically, the method of securing rights of way or irrigation worksand the date of such procedure and referring to the records of the office ofthe state engineer or board of control, or both, relative to dimensions ofirrigation works, their location, and adjudicated rights to water conveyed inor stored in such works and such other information as may be deemed necessary.
41-6-305. Affidavits of interest; as evidence; statute of limitationsfor civil actions upon.
Whensaid affidavit hereinbefore mentioned has been duly executed and filed andrecorded as hereinbefore prescribed, the facts therein stated shall be primafacie evidence of the truth thereof in any court of the United States, and noaction for the recovery of the title or possession of such irrigation works canbe brought after ten (10) years from the time of the recording of suchaffidavit; provided, that during such ten (10) years the claimant as mentionedin such affidavit, or his successor, in rights, has been in continuous, openand undisputed possession of such irrigation works.
41-6-306. Affidavits of interest; transfer of interests after filing.
Anytransfer made to a purchaser in good faith and for a valuable consideration, ofany such irrigation works after the expiration of ten (10) years from thefiling of the affidavit as hereinbefore provided, shall vest in the grantee ofsuch transfer an absolute title in fee simple, free from the claims of anyperson whatsoever, to the extent that such irrigation works are claimed in thesaid affidavit of such grantor or his predecessor in interest, unless beforethe expiration of said ten (10) years any other party claiming an interest in suchirrigation works has filed in the office of the county clerk of the countywherein his, her, or its land, irrigated by such ditch, may be situated, anaffidavit as mentioned in section 23 hereof.
41-6-307. Affidavits of interest; perjured statements.
Anyperson who knowingly falsely states his or her ownership in such irrigationworks, or the extent thereof, or any guardian who in like manner makes suchstatement on behalf of his or her ward, or any person who in like manner makessuch a statement on behalf of a corporation, shall be guilty of perjury andupon conviction thereof shall be punished.
41-6-308. Action in equity to determine rights of claimants;construction of act.
Wherethe ownership of any irrigation works is disputed, or jointly claimed by anyperson, partnership or corporation, and the several owners cannot agree uponthe amount of interest owned by each, and one (1) or more claimants of suchright desire the filing of the affidavit as hereinbefore mentioned, while theother or others do not desire to join therein, one (1) or more such claimantsmay bring an action in equity in the district court of any county wherein theland or parts of the land affected by such ditch or ditch right is located, andsaid court shall determine the right of the several claimants to such ditch orditch right, and determine all the facts necessary in the affidavithereinbefore prescribed, and such decree shall, after being filed and recordedin the office of the county clerk of the proper county as hereinbeforeprescribed, have the same force and effect as the affidavit hereinbeforeprescribed; provided, that the provisions of W.S. 41-6-303 through 41-6-308shall not be construed to relate to water rights, or in any way to conflictwith the laws governing the same.
ARTICLE 4 - CONTESTING ORGANIZATION OR ASSESSMENTS; LIMITATIONOF ACTIONS
41-6-401. Organization.
Whenany irrigation or drainage district has been organized and the legality of itsorganization has not been questioned by proceedings in quo warranto, orotherwise, within one (1) year from the effective date of this act as todistricts heretofore organized, or within two (2) years from the date of entryof the order of court establishing such district and appointing commissionerstherefor as to districts hereafter organized, it shall be conclusively deemedto be a legally established district, and its lawful organization shall not bequestioned in any subsequent suit or proceeding.
41-6-402. Assessments.
Whereany irrigation or drainage district shall make and levy any assessment againstany property within such district, the same shall not be questioned in any suitor proceeding unless such suit or proceeding is instituted on or before thesecond December 31st following such levy or assessment.
ARTICLE 5 - TAXES AND ASSESSMENTS; ENFORCEMENT OF LIENS
41-6-501. "Land" defined.
Theword "land", as used in this act, shall be construed to mean townlots and any and all kinds of real property and premises, with the improvementsthereon and the fixtures and appurtenances thereunto belonging.
41-6-502. "Person" defined.
Theword "person", as used in this act, shall be construed to mean anyperson, corporation or copartnership, or any association owning land.
41-6-503. Foreclosure of tax deeds; tax certificates as liens; actionsto enforce generally; sale of lands generally.
Any person, drainage district or irrigationdistrict holding a drainage or irrigation tax sale certificate of purchase ortax deed heretofore or hereafter issued for delinquent drainage or irrigationtaxes and assessments legally levied and assessed, together with the penaltyand costs due on the land described therein, shall have a lien on said land forsuch taxes, penalty and costs, and all subsequent taxes paid thereon by saidperson, drainage or irrigation district and those under whom he holds, withinterest thereon, and all accruing penalties, and for the value of allimprovements placed thereon by such lienholder while lawfully in possession ofthe premises, and those under whom the same is held, which lien shall besuperior to any other lien, except that of subsequent taxes, and may beenforced by such lienholder by a civil action in the district court of thecounty wherein said land lies, or in any action in such court concerning saidland in which such lienholder may be made a defendant; in which action everyperson having an interest in said land, as shown by the records in the officeof the county clerk of said county, may be made a party; and all theproceedings in such action, so far as applicable and not inconsistent with theprovisions of this act, shall be the same as provided by law, for theforeclosure of mortgages on real estate by action and sales thereunder;provided that the decree rendered in such action may contain the order of sale,directed to the sheriff of said county, commanding him to advertise and sellsaid lands without appraisement, and to make a return of his proceedingsthereunder within sixty (60) days from the date thereof, which shall besufficient authority for the sale of said land, and no other order of saleshall be necessary; and provided further, that any number of tracts of landbelonging to any one (1) person upon which any one (1) lienholder shall havesaid lien, may be united in one (1) suit, in which suit each of said tracts ofland shall bear its proportionate share of the cost of such suit, calculatedupon the amount for which it shall sell. Provided further, that no such actionshall be commenced on any drainage or irrigation district tax sale certificatewithin eighteen (18) months from the date of the sale mentioned herein.
41-6-504. Foreclosure of tax deeds; joinder of defendants; pleading;decree; rights of assignee of tax deed.
Whena drainage or irrigation district is the plaintiff in any suit brought underthe provisions hereof, it may join all owners of real estate covered by its taxsale certificates of purchase or tax deeds as defendants, whether jointly orseparately interested in the real estate, or any part thereof, and may unite insuch action any persons having or claiming to have any interest in the realestate described in the petition. The defendants may plead jointly orseparately to the petition and the court shall try and determine all issuesbetween the plaintiff and each and all of the defendants, and shall, in itsdecree, ascertain and determine the amount of taxes, interest and costschargeable to each particular tract or lot of real estate, and state the nameor names of all defendants who have an interest in each tract or lot of realestate upon which the lien is fixed by its decree. The fact that the owners ofseparate or different lots of real estate are joined as defendants in one (1)action shall not constitute a defense on the part of any one (1) or more of thedefendants, or misjoinder of defendants, or causes of action, and like rightsshall be extended to any assignee of said drainage or irrigation district, taxcertificate or tax deeds.
41-6-505. Foreclosure of tax deeds; sale procedures generally;redemption.
Inpursuance of said order of sale, whether contained in said decree or issuedthereafter, the sheriff of said county shall immediately advertise the propertyfor sale, and shall sell the same at public auction, without appraisement, tothe highest bidder for cash, and shall make a return of his proceedingsthereunder within sixty (60) days from the date thereof; and said lands shallbe sold in tracts or parcels with reference to the rights of all partiestherein, as the court in said order of sale may direct; at which sale saidlienholder may bid as any other person, but, in the event of becoming thepurchaser thereof, he shall not be required to pay any money, except such sumonly as his bid may exceed the amount due him under said decree; and, uponconfirmation of said sale by the court, the said sheriff shall execute a deedas nearly as may be in cases of mortgage foreclosure, conveying to thepurchaser of said property, his heirs and assigns, all the right, title,estate, claim and interest, both at law and in equity, of all parties to saidaction in and to said land, subject only to subsequent taxes; and, upon requestof the purchaser thereof, a writ of assistance shall issue to place saidpurchaser in possession of said land; provided, that any person having aninterest in said land, may redeem the land in which he is interested at anytime before the confirmation of such sale by the court, by paying into court asum of money sufficient to discharge the lien thereon, for the use of thelienholder, and upon such terms as to the payment of the costs as the court maydirect.
41-6-506. Foreclosure of tax deeds; disposition of sale proceeds.
(a) Upon the confirmation of such sale, the proceeds arisingtherefrom shall be delivered by the sheriff to the clerk of said court to beapplied by him as follows:
(i) To the payment of all costs of such action and sale,including an attorney fee to the lienholder's attorney to be allowed by thecourt;
(ii) To the payment of all sums due the lienholder, includingthe value of all improvements placed on said land by said lienholder and thoseunder whom he holds;
(iii) The balance, if any, to be paid to the prior owners of saidland and those having an interest therein, as their interests may appear.
41-6-507. Remedy cumulative.
Theright and remedy herein provided for shall be cumulative and in addition to theright of any purchaser at tax sale to acquire tax deed in the manner and timenow provided by law.
