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https://law.justia.com/codes/alabama/title-9/chapter-10a/section-9-10a-3/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10A - Watershed Management Authorities.›Section 9-10A-3 - Purpose of Authorities.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10A - Watershed Management Authorities. › Section 9-10A-3 - Purpose of Authorities.
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Section 9-10A-3
Purpose of authorities.
Watershed management authorities may be formed in any watershed area of the state for the purpose of developing and executing plans and programs relating to any phase of conservation of water, water usage, flood prevention, flood control, water pollution control, wildlife habitat protection, agricultural and timberland protection, erosion prevention and control of erosion, flood-water and sediment damages.
(Acts 1991, No. 91-602, p. 1119, §3.)
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https://law.justia.com/codes/alabama/title-9/chapter-10a/section-9-10a-4/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10A - Watershed Management Authorities.›Section 9-10A-4 - Guidelines for Protecting Forested Watersheds.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10A - Watershed Management Authorities. › Section 9-10A-4 - Guidelines for Protecting Forested Watersheds.
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Section 9-10A-4
Guidelines for protecting forested watersheds.
Any management guidelines developed by watershed management authorities to protect forested watersheds shall follow the best management practices established by the Alabama Forestry Commission as they pertain to forested watersheds.
(Acts 1991, No. 91-602, p. 1119, §4.)
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https://law.justia.com/codes/alabama/title-9/chapter-10a/section-9-10a-5/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10A - Watershed Management Authorities.›Section 9-10A-5 - Land Which May Be Included in Authority.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10A - Watershed Management Authorities. › Section 9-10A-5 - Land Which May Be Included in Authority.
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Section 9-10A-5
Land which may be included in authority.
The land area embraced in any watershed management authority must encompass at least 50 square miles, must be contiguous and must lie within a defined watershed. The area may include lands within any soil and water conservation district. Such authorities may embrace lands lying in one or more soil and water conservation districts. Two or more watersheds may be included in a watershed management authority. Provided, however, no land may be included in more than one watershed management authority and provided further, that no lands or facilities which are subject to the licensing jurisdiction of the Federal Energy Regulatory Commission or the jurisdiction of the Alabama Public Service Commission to issue certificates of convenience and necessity shall be subject to the exercise of any powers or authorities granted herein.
(Acts 1991, No. 91-602, p. 1119, §5.)
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https://law.justia.com/codes/alabama/title-9/chapter-10a/section-9-10a-6/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10A - Watershed Management Authorities.›Section 9-10A-6 - Petition to Form Authority.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10A - Watershed Management Authorities. › Section 9-10A-6 - Petition to Form Authority.
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Section 9-10A-6
Petition to form authority.
When 25 or more residents, who are 18 years of age or older, within each county located on a defined watershed desire to form a watershed management authority, said residents shall file a petition with the board of supervisors of the soil and water conservation district in which said proposed authority lies. Such petition shall define the boundaries of the proposed watershed management authority, the number of acres of land involved, reasons for requesting creation of such authority, the proposed name for such watershed management authority and other information pertinent to such proposal. The proposed name of a proposed watershed management authority shall not be the same as, or deceptively similar to, the name of any other watershed management authority. The proposed name shall include references to the geographic features of the area encompassing the watershed management authority.
(Acts 1991, No. 91-602, p. 1119, §6.)
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https://law.justia.com/codes/alabama/title-9/chapter-10a/section-9-10a-7/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10A - Watershed Management Authorities.›Section 9-10A-7 - Joint Board of Supervisors to Hear Petition When Authority Lies in Multiple Conser...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10A - Watershed Management Authorities. › Section 9-10A-7 - Joint Board of Supervisors to Hear Petition When Authority Lies in Multiple Conservation Districts.
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Section 9-10A-7
Joint board of supervisors to hear petition when authority lies in multiple conservation districts.
If the proposed watershed management authority lies in more than one soil and water conservation district, the petition shall be presented to the board of supervisors of all such soil and water conservation districts, and the supervisors of all such districts shall act as a joint board of supervisors in the formation of the watershed management authority.
Pursuant to the provisions of this chapter, whenever it is necessary for a joint board of supervisors to convene, said meeting may be called by a majority of the members of the several boards of supervisors comprising the joint board of supervisors.
A majority of the joint board of supervisors shall constitute a quorum. All actions taken by the joint board of supervisors shall require a majority vote of all members comprising the joint board of supervisors who are voting on said action.
(Acts 1991, No. 91-602, p. 1119, §7.)
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https://law.justia.com/codes/alabama/title-9/chapter-10a/section-9-10a-8/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10A - Watershed Management Authorities.›Section 9-10A-8 - Notice of Hearing; Right of Interested Parties; Record of Final Determination.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10A - Watershed Management Authorities. › Section 9-10A-8 - Notice of Hearing; Right of Interested Parties; Record of Final Determination.
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Section 9-10A-8
Notice of hearing; right of interested parties; record of final determination.
(a) Within 30 days after said petition has been filed with the board of supervisors, it shall cause due notice to be given of a proposed hearing upon the practicability and feasibility of creating said watershed management authority. All interested parties shall have the right to attend such hearing and be heard. If it shall appear at the hearing that other lands should be included or that lands included in the petition should be excluded, the board of supervisors may permit such inclusion or exclusion, provided the land area involved still meets the requirements of Section 9-10A-5.
(b) If it appears upon the hearing that it may be desirable to include within the proposed authority territory outside of the area within which due notice of the hearing has been given, the hearing shall be adjourned and due notice of a further hearing shall be given throughout the entire area considered for inclusion in the authority and a further hearing shall be held.
(c) If a majority of the board of supervisors after final hearing determines from the facts presented at the hearing and upon the available information that there is need in the interest of the public health, safety and welfare for such an authority to function in the territory considered, it shall make and record the determination and shall define, by description, the boundaries of the authority. Said territory shall constitute a watershed management authority. If a majority of the board of supervisors after final hearing determines need does not exist for the authority, it shall make and record said determination and shall deny the petition.
(Acts 1991, No. 91-602, p. 1119, §8.)
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https://law.justia.com/codes/alabama/title-9/chapter-10a/section-9-10a-9/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10A - Watershed Management Authorities.›Section 9-10A-9 - Creation of Board of Directors; Terms of Office; Vacancies.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10A - Watershed Management Authorities. › Section 9-10A-9 - Creation of Board of Directors; Terms of Office; Vacancies.
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Section 9-10A-9
Creation of board of directors; terms of office; vacancies.
If the board of supervisors determines the authority is needed, it shall determine the number of directors who shall comprise the board of directors of the watershed management authority. The board of directors of the watershed management authority shall include at least one resident from each county located within the boundaries of the authority. The board of supervisors of a soil and water conservation district in which is situated a county or a portion of a county that is in a watershed management authority, shall determine if the member of the original board of directors of the watershed management authority, who, pursuant to this chapter must reside in said county, shall be appointed or elected. For the purposes of this chapter said directors shall be referred to as "resident directors." The method of selection chosen shall be proclaimed by resolution. If the original member of the board of directors is to be elected, the director shall be elected as provided in Section 9-10A-10. If the original director is to be appointed, the board of supervisors referred to in this paragraph, shall appoint the director by majority vote.
If the number of directors comprising the original board of directors exceeds the number of counties within the boundaries of the authority, after a director who is a resident of every county within the boundaries of the authority is either appointed or elected as provided herein, the remaining members of the original board of directors shall be either elected or appointed as determined by the several boards of supervisors who approved the establishment of the watershed management authority acting as a joint board of supervisors. The method of selection chosen shall be proclaimed by resolution. For the purposes of this chapter, said directors shall be referred to as "at large directors." If said at large original director or directors are to be selected by means of an election, said director or directors shall be elected as provided in Section 9-10A-10. If said at large original director or directors are to be appointed, the several boards of supervisors shall appoint said director or directors by majority vote.
The several boards of supervisors who approved the establishment of the watershed management authority shall by resolution designate and assign the terms of office of the original appointed and elected members of the board of directors, said terms shall be staggered and the terms shall be no greater than four years nor less than two years. Said appointed and elected members of the board of directors' term of office shall commence on the date the board of supervisors adopts said resolution. Those individuals appointed or those elected pursuant to Section 9-10A-10, and their successors shall constitute the board of directors of the watershed management authority.
Vacancies on the board of directors occurring before the expiration of a term shall be filled for the remainder of the unexpired term by appointment by the remaining members of the board of directors of the watershed management authority.
An oath as provided in Section 279 of the Constitution of Alabama of 1901, shall be administered to all board members prior to assuming office.
A director shall hold office until his successor is appointed or elected and assumes office.
(Acts 1991, No. 91-602, p. 1119, §9.)
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https://law.justia.com/codes/alabama/title-9/chapter-10a/section-9-10a-10/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10A - Watershed Management Authorities.›Section 9-10A-10 - Election of Directors.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10A - Watershed Management Authorities. › Section 9-10A-10 - Election of Directors.
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Section 9-10A-10
Election of directors.
If an original director who is required to reside in a particular county is to be selected by means of an election, the board of supervisors who determined that an election would be the method of selection shall call the election. Said election shall be held, within 30 days after need for a watershed management authority has been determined, as provided in Section 9-10A-8. Due notice shall be required prior to said election. All residents of the county where the director must reside who also reside within the boundaries of the authority shall be eligible to vote in said election, and only said residents shall be eligible to vote. Said residents shall be 18 years of age or older.
Each person who is qualified to vote for a resident director who desires to be elected a resident director of the watershed management authority shall file not later than 10 days prior to the date set for an election a nominating petition with the board of supervisors who called the election. Said petition shall be signed by 25 or more residents who are eligible to vote in the election, or, if less than 50 residents are involved, a majority of such residents.
Due notice of the election shall state the date of holding the election, the hours of opening and closing the polls, and shall designate one or more places as polling places. The board of supervisors who called the election shall appoint a polling superintendent and other necessary polling officers. Said board of supervisors shall prepare a ballot displaying the names of all eligible candidates and shall instruct the voters how to vote. The ballots shall be counted by the election officers at the close of the polls and a report of the results, along with the ballots shall be delivered to the polling superintendent, who shall certify the results to the board of supervisors who called the election. The position on the original board of directors shall be filled by the candidate who received the most votes.
The board of supervisors who called the election, by resolution, shall officially declare the winning candidate. Said board of supervisors shall certify the results to the several boards of supervisors authorizing the establishment of the authority, the probate judges of the counties within the authority, the State Soil and Water Conservation Committee and the Secretary of State. The board of supervisors calling the election shall have authority to promulgate all necessary rules and regulations concerning the holding of said election. Costs of the election provided for by this section shall be paid by said board of supervisors. Once established, the board of directors of the watershed management authority may reimburse the board of supervisors for the cost of the election.
If the original at large directors referred to in Section 9-10A-9 are to be selected by means of an election, the several boards of supervisors who determined that an election would be the method of selection shall call the election. Said election shall be held within 30 days after need for a watershed management authority has been determined as provided in Section 9-10A-8. Due notice shall be required prior to said election. All residents of the authority who are 18 years of age or older shall be eligible to vote in said election, and only said residents shall be eligible to vote.
Each person who is qualified to vote for an at large director who desires to be elected an original at large director of the watershed management authority shall file not later than 10 days prior to the date set for an election a nominating petition with the board of supervisors who called the election. Said petition shall be signed by 25 or more residents within the watershed management authority who are eligible to vote in said election, or, if less than 50 residents are involved, a majority of such residents. If the candidates nominated do not exceed the positions available, said candidates shall be declared elected by the board of supervisors who called the election. If the number of individuals filing nominating petitions is greater than the number of available positions on the board of directors, then the election shall be held.
Due notice of the election shall state the date of holding the election, the hours of opening and closing the polls, and shall designate one or more places within the authority as polling places. The board of supervisors who called the election shall appoint a polling superintendent and other necessary polling officers. Said board of supervisors shall prepare a ballot displaying the names of all eligible candidates and shall instruct the voters regarding the number of candidates for which to vote. Ballots containing votes for less than the specified number of candidates for which an elector may vote shall be counted. Ballots containing votes for more than the specified number of candidates for which an elector may vote shall not be counted. The ballots shall be counted by the election officers at the close of the polls and a report of the results, along with the ballots shall be delivered to the polling superintendent, who shall certify the results to the board of supervisors. The original at large positions on the board of directors shall be filled by those candidates who received the most votes.
The board of supervisors who called the election, by resolution, shall officially declare the original at large members of the board of directors. Said board of supervisors shall certify the results to the probate judges of the counties within the authority, the State Soil and Water Conservation Committee and the Secretary of State. Said board of supervisors shall have authority to promulgate all necessary rules and regulations concerning the holding of said election. Costs of the original at large director's election shall be paid by the board of supervisors. If a joint board of supervisors is required, the cost of the election shall be paid equally by the several boards of supervisors comprising the joint board of supervisors. Once established, the board of directors of the watershed management authority may reimburse the board of supervisors or the several boards of supervisors comprising the joint board of supervisors for the cost of the election.
(Acts 1991, No. 91-602, p. 1119, §10.)
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https://law.justia.com/codes/alabama/title-9/chapter-10a/section-9-10a-11/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10A - Watershed Management Authorities.›Section 9-10A-11 - Successor of Director; Term of Office.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10A - Watershed Management Authorities. › Section 9-10A-11 - Successor of Director; Term of Office.
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Section 9-10A-11
Successor of director; term of office.
The successor of a director who must reside in a particular county shall be either elected or appointed. The method of selection shall be determined by the board of supervisors who determined the method of selecting the incumbent director whose term is expiring. The method of selection chosen shall be proclaimed by resolution. The successor of a director who must reside in a particular county shall be appointed or elected in the same manner as prescribed in Sections 9-10A-9 and 9-10A-10 except as otherwise provided in this section.
The successor of an at large director shall be either elected or appointed. The method of selection shall be determined by the several boards of supervisors who determined the method of selecting the incumbent director whose term is expiring. The method of selection chosen shall be proclaimed by resolution. The successor of an at large director shall be appointed or elected in the same manner as prescribed in Sections 9-10A-9 and 9-10A-10 except as otherwise provided in this section.
All successors shall be elected or appointed for terms of four years.
Elections shall be at least one month prior to the expiration of the term of office of the incumbent director whose term is expiring. The costs of elections shall be paid by the watershed management authority.
(Acts 1991, No. 91-602, p. 1119, §11.)
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https://law.justia.com/codes/alabama/title-9/chapter-10a/section-9-10a-12/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10A - Watershed Management Authorities.›Section 9-10A-12 - Officers of Board; Treasurer to Execute Bond; Quorum; Notice of Meetings; Positio...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10A - Watershed Management Authorities. › Section 9-10A-12 - Officers of Board; Treasurer to Execute Bond; Quorum; Notice of Meetings; Position Vacated Due to Absences; Records.
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Section 9-10A-12
Officers of board; treasurer to execute bond; quorum; notice of meetings; position vacated due to absences; records.
(a) The board of directors of the watershed management authority shall annually elect from its membership a chairman, secretary and treasurer. The treasurer shall execute an official bond for the faithful performance of the duties of his office to be approved by the board of directors, except that no bond shall be required until such time as the authority possesses funds. Such bond shall be executed with at least three solvent personal sureties whose solvency must exceed the amount of the bond or by a surety company authorized to do business in this state and shall be in an amount determined by the board of directors. If the treasurer is required to execute a surety company bond, the premium on the bond shall be paid by the watershed management authority.
(b) A majority of the board of directors shall constitute a quorum, and the concurrence of a majority in any matter within their authority shall be required for its determination.
(c) The chairman of the board of directors shall give notice of all meetings and the agenda for each meeting at least 10 days prior to the date of the meeting. In the absence of action by the board of directors regarding the agenda for a meeting, the chairman shall have the authority to set the agenda.
(d) The board of directors shall have the power to declare a position on the board of directors vacant if a board of directors member holding said position is repeatedly absent from meetings. Provided however, the board shall provide notice to said nonattending member prior to declaring the position vacant. A vacancy created pursuant to this subsection shall be filled in the same manner as other vacancies are filled.
(e) The board of directors shall provide for the keeping of a full and accurate record of all proceedings and of all resolutions, regulations and orders issued or adopted.
(Acts 1991, No. 91-602, p. 1119, §12.)
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https://law.justia.com/codes/alabama/title-9/chapter-10a/section-9-10a-13/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10A - Watershed Management Authorities.›Section 9-10A-13 - Reimbursement for Expenditures.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10A - Watershed Management Authorities. › Section 9-10A-13 - Reimbursement for Expenditures.
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Section 9-10A-13
Reimbursement for expenditures.
Members of the board of directors shall receive no salaries but may be reimbursed by the authority for actual and necessary expenditures incurred in the performance of their duties.
(Acts 1991, No. 91-602, p. 1119, §13.)
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https://law.justia.com/codes/alabama/title-9/chapter-10a/section-9-10a-14/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10A - Watershed Management Authorities.›Section 9-10A-14 - Powers of Board.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10A - Watershed Management Authorities. › Section 9-10A-14 - Powers of Board.
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Section 9-10A-14
Powers of board.
The board of directors of a watershed management authority shall have power to:
(1) Acquire, by purchase, gift, grant, bequest or devise, or through condemnation proceedings held in the manner provided by Chapter 1A of Title 18, such lands or rights-of-way as are necessary for the exercise of any authorized function of the authority. Prior to commencing condemnation proceedings upon land or rights-of-way in the manner provided by Chapter 1A of Title 18, the board of directors of a watershed management authority shall conduct a public hearing regarding the commencement of said condemnation proceedings. The board of directors, prior to the public hearing shall publish notice of the public hearing at least twice, with an interval of at least seven days between the two publication dates, in a newspaper or other publication of general circulation within the county or counties where the land or right-of-way is situated. If no such publication of general circulation is available, notice shall be given by posting the notice in at least three public places in the county. The notice shall specify the land or right-of-way upon which a condemnation proceeding may be commenced and the date, time, location and purpose of the public hearing. All interested parties shall have the right to attend said public hearing and shall be granted an opportunity to address the board of directors regarding the commencement of condemnation proceedings. A vote of two-thirds of all the members of the board of directors of the watershed management authority shall be required to commence condemnation proceedings as provided herein;
(2) Construct, improve, operate and maintain such structures and projects as may be necessary for the exercise of any authorized function of the authority;
(3) Borrow such money as is necessary for the purpose of acquiring rights-of-way and establishing, constructing, reconstructing, repairing, enlarging and maintaining such structures and improvements as are required by the authority in the performance of its functions, and issue, negotiate and sell its bonds as provided in Section 9-10A-15; provided that all contracts made and all bonds issued by a watershed management authority under the provisions of this chapter shall be solely and exclusively obligations of the authority and shall not be an obligation or debt of the State of Alabama or any county or municipality therein;
(4) Sell, lease or otherwise dispose of any of its property or interests therein in furtherance of the purposes provided for by this chapter;
(5) Make and execute contracts and other instruments necessary and convenient to the exercise of its powers;
(6) Sue and be sued in the name of the authority;
(7) Cooperate with or act as agent for the State of Alabama or any of its agencies or the United States or any of its agencies or any county or municipality in connection with the acquisition, construction, operation or administration of any project within the boundaries of the authority;
(8) Accept donations, gifts and contributions in money, services, materials or otherwise from the United States or its agencies or from the State of Alabama or its agencies or from any county or municipality or from any individual and use or expend such moneys, services, materials or other such contributions in carrying out the provisions of this chapter;
(9) Employ such employees as the board may determine and fix their compensation, qualifications and duties and delegate to the chairman of the board or any member or employee of the board such powers and duties as it may deem proper;
(10) Call upon the Attorney General of the state for such legal services as it may require or employ its own counsel and legal staff;
(11) Have a seal, which seal shall be judicially noticed;
(12) Have perpetual succession unless terminated as provided in this chapter; and
(13) Cooperate with other watershed management authorities in the exercise of any and all powers conferred pursuant to the provisions of this chapter.
(Acts 1991, No. 91-602, p. 1119, §14.)
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https://law.justia.com/codes/alabama/title-9/chapter-10a/section-9-10a-15/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10A - Watershed Management Authorities.›Section 9-10A-15 - Issuance of Bonds.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10A - Watershed Management Authorities. › Section 9-10A-15 - Issuance of Bonds.
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Section 9-10A-15
Issuance of bonds.
Bonds authorized by Section 9-10A-14 shall not be issued until proposed by order or resolution of the board of directors of the watershed management authority specifying the purpose for which the funds are to be used and the proposed undertaking, the amount of bonds to be issued and the rate of interest they are to bear and are approved by the Director of the state Department of Finance. An authority, with such approval, shall have power and is authorized from time to time to issue its negotiable bonds. Said bonds may be issued in one or more series, may bear such date or dates, mature at such time or times not exceeding 40 years from their respective dates, bear interest at such rate or rates, payable in such manner, be in such denominations, be in such form, either coupon or registered, be executed in such manner, be payable in such medium of payment, at such place or places and be subject to such terms of redemption, with or without premium, be declared or become due before the maturity date thereof, as the authority's resolution or resolutions may provide. Said bonds may be issued for money or property at public or private sale for such price or prices as the board of directors shall determine. Said bonds may be repurchased by the authority out of any funds available for such purpose at a price not more than the principal amount thereof and accrued interest, and all bonds so repurchased shall be cancelled. Pending the preparation or execution of definitive bonds, interim receipts or certificates or temporary bonds may be delivered to the purchaser of said bonds. No bonds or other evidence of indebtedness of an authority shall be issued or sold until consent to the issuance and sale thereof shall have been given by the Director of the Department of Finance. A petition requesting such consent shall be filed by such authority with the Director of the Department of Finance. Such petition shall specify the plan or program of the authority and the uses to which it is proposed to put the proceeds of such issue and such other matters as are necessary fully to advise said director of the nature of the purpose, in furtherance of which such issue is proposed, and said petition shall include such other information as may be required by the rules of the Department of Finance. The Director of the Department of Finance shall grant such consent only after he finds that such issue or sale serves some public need and is in the public interest. It shall be unlawful for the authority to use the proceeds of any such issue or sale contrary to the plan and purposes presented to the Director of the Department of Finance in obtaining his consent thereto. The authority applying for such consent is authorized to pay such fees as shall be lawfully assessed against it by the Department of Finance.
(Acts 1991, No. 91-602, p. 1119, §15.)
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https://law.justia.com/codes/alabama/title-9/chapter-10a/section-9-10a-16/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10A - Watershed Management Authorities.›Section 9-10A-16 - Petition for Discontinuance of Authority.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10A - Watershed Management Authorities. › Section 9-10A-16 - Petition for Discontinuance of Authority.
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Section 9-10A-16
Petition for discontinuance of authority.
(a) At any time, a watershed management authority's board of directors may file a petition with the Secretary of State, the joint boards of supervisors who authorized the establishment of the authority and the State Soil and Water Conservation Committee praying that the existence of the authority be discontinued. The petition shall state the reasons for discontinuance.
(b) The Examiners of Public Accounts shall specify as a part of said petition that all obligations of the authority can be properly satisfied by the use of the existing assets of the authority.
(c) If any watershed management authority petitions for discontinuance, the Director of the state Department of Finance or his designee shall have the same powers regarding the watershed management authority's assets, liabilities and functions as the board of directors of said watershed management authority. The state shall not be required to assume any debts or liabilities of the authority.
(d) All assets, including but not limited to real property, personal property, equipment and supplies, acquired, appropriated to or received, shall be deemed property of the state.
(Acts 1991, No. 91-602, p. 1119, §16.)
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https://law.justia.com/codes/alabama/title-9/chapter-10a/section-9-10a-17/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10A - Watershed Management Authorities.›Section 9-10A-17 - Audits.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10A - Watershed Management Authorities. › Section 9-10A-17 - Audits.
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Section 9-10A-17
Audits.
Every watershed management authority established under the authority of this chapter shall be subject to audits by the state Examiners of Public Accounts.
(Acts 1991, No. 91-602, p. 1119, §17.)
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https://law.justia.com/codes/alabama/title-9/chapter-10a/section-9-10a-18/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10A - Watershed Management Authorities.›Section 9-10A-18 - State Code of Ethics; Public Officials; Public Employees.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10A - Watershed Management Authorities. › Section 9-10A-18 - State Code of Ethics; Public Officials; Public Employees.
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Section 9-10A-18
State Code of Ethics; public officials; public employees.
Officers and employees of a watershed management authority established pursuant to the provisions of this chapter shall be subject to the State Ethics Law. Members of the board of directors of a watershed management authority for the purposes of Chapter 25 of Title 36, shall be considered "public officials." Employees of a watershed management authority for the purposes of Chapter 25 of Title 36, shall be considered "public employees."
(Acts 1991, No. 91-602, p. 1119, §18.)
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https://law.justia.com/codes/alabama/title-9/chapter-10a/section-9-10a-19/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10A - Watershed Management Authorities.›Section 9-10A-19 - Employees Deemed Members of State Retirement System.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10A - Watershed Management Authorities. › Section 9-10A-19 - Employees Deemed Members of State Retirement System.
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Section 9-10A-19
Employees deemed members of State Retirement System.
(a) Any person who is regularly employed by a watershed management authority established pursuant to this chapter shall be deemed to be an "employee" of the State of Alabama, as defined in Section 36-27-1. From the date he assumes his duties, any such person shall be deemed to be a "member" of the State Employees' Retirement System, as defined in Section 36-27-4; provided that the required contributions are made to the system.
(b) Any person employed by a watershed management authority shall become a member of the Employees' Retirement System as a condition of employment. Deductions for retirement purposes shall be made from the salary of each employee in the manner prescribed by law.
(c) The watershed management authority shall contribute on account of the participation of its employees the employer's contribution rate as established by the actuary for regular employees of the state.
The contribution rate so computed, based upon the payroll of the employees, shall be certified by the Board of Control of the Employees' Retirement System to the board of directors of the watershed management authority. The watershed management authority shall pay to the State Treasurer the amount certified by the Board of Control and the State Treasurer shall credit such amounts to the appropriate funds of the retirement system.
(Acts 1991, No. 91-602, p. 1119, §19.)
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https://law.justia.com/codes/alabama/title-9/chapter-10a/section-9-10a-20/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10A - Watershed Management Authorities.›Section 9-10A-20 - Health Insurance Benefits for Full-Time Employees.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10A - Watershed Management Authorities. › Section 9-10A-20 - Health Insurance Benefits for Full-Time Employees.
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Section 9-10A-20
Health insurance benefits for full-time employees.
(a) Full-time employees of a watershed management authority shall be included in the definitions of "employee" as provided in Section 36-29-1(1), and shall be entitled to the same health insurance benefits and required to make the same contributions as other state employees. The watershed management authority is hereby authorized to pay the employer's share for said health insurance to the State Employees' Insurance Board.
(b) Full-time employees of a watershed management authority shall be entitled to all benefits granted state employees.
(Acts 1991, No. 91-602, p. 1119, §20.)
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https://law.justia.com/codes/alabama/title-9/chapter-10a/section-9-10a-21/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10A - Watershed Management Authorities.›Section 9-10A-21 - Competitive Bidding on Public Contracts.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10A - Watershed Management Authorities. › Section 9-10A-21 - Competitive Bidding on Public Contracts.
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Section 9-10A-21
Competitive bidding on public contracts.
Every watershed management authority established pursuant to the provisions of this chapter shall be considered a state authority for the purposes of applying the provisions of Chapter 16 of Title 41, regarding competitive bidding on public contracts.
(Acts 1991, No. 91-602, p. 1119, §21.)
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https://law.justia.com/codes/alabama/title-9/chapter-10a/section-9-10a-22/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10A - Watershed Management Authorities.›Section 9-10A-22 - Property Exempt From Taxation.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10A - Watershed Management Authorities. › Section 9-10A-22 - Property Exempt From Taxation.
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Section 9-10A-22
Property exempt from taxation.
The property and interests acquired by any watershed management authority organized under the provisions of this chapter shall be exempt from all state, county or other taxation.
(Acts 1991, No. 91-602, p. 1119, §22.)
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https://law.justia.com/codes/alabama/title-9/chapter-10b/section-9-10b-1/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10B - Alabama Water Resources.›Section 9-10B-1 - Short Title.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10B - Alabama Water Resources. › Section 9-10B-1 - Short Title.
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Section 9-10B-1
Short title.
This chapter shall be cited as the "Alabama Water Resources Act."
(Acts 1993, No. 93-44, p. 78, §2.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10B - Alabama Water Resources.›Section 9-10B-2 - Legislative Findings; Exemptions.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10B - Alabama Water Resources. › Section 9-10B-2 - Legislative Findings; Exemptions.
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Section 9-10B-2
Legislative findings; exemptions.
The Legislature of the State of Alabama hereby finds and declares that:
(1) All waters of the state, whether found on the surface of the ground or underneath the surface of the ground, are among the basic resources of the State of Alabama;
(2) The use of waters of the state for human consumption is recognized as a priority use of the state and it is the intent of this chapter that no limitation upon the use of water for human consumption shall be imposed except in emergency situations after the Office of Water Resources has considered all feasible alternatives to such limitations;
(3) The use of such waters should be conserved and managed to enable the people of this state to realize the full beneficial use thereof and to maintain such water resources for use in the future;
(4) The general welfare of the people of this state is dependent upon the dedication of the water resources of the State of Alabama to beneficial use to the fullest extent to which they are capable through the development and implementation of plans and programs to manage such quantitative water resources;
(5) It is the purpose of this chapter to establish the Office of Water Resources and the Water Resources Commission and to vest said office and commission with the power and responsibility to develop plans and strategies for the management of the waters of the state as well as the other goals and policies of this chapter;
(6) No person's beneficial use of the quantitative waters of the state shall be restricted by the Office of Water Resources or the Water Resources Commission except where such beneficial use is within an area of the state designated as a capacity stress area pursuant to this chapter. It is the intent of the Legislature that any action taken which limits, restricts or conditions any person's beneficial use of water resources of this state be implemented only after:
a. The Water Resources Commission has determined that such action is necessary because the aggregate uses of the waters of the state in such area exceeds or will exceed the availability of such waters and is required to protect the availability of the waters of the state; and
b. Such person has been afforded due process of law including, but not limited to, a public hearing. The implementation and enforcement of any action limiting, restricting, or conditioning any person's beneficial use of water resources shall be under the direction of the Alabama Department of Environmental Management; and
(7) Notwithstanding any provision of this chapter to the contrary, the provisions of this chapter shall not apply to:
a. Impoundments or other similar containments confined and retained completely upon the property of a person which store water where the initial diversion, withdrawal, or consumption of such water is acknowledged in a certificate of use;
b. Waste water treatment ponds and waste water treatment impoundments subject to regulation under the Clean Water Act, 33 U.S.C. Sections 1251 et seq., and ponds and impoundments subject to regulation under the Mine Safety and Health Act, 30 U.S.C. Sections 801 et seq., or the Surface Mining Control Act, 30 U.S.C. Sections 1201 et seq.; and
c. Surface impoundments constituting solid waste management units under the Resource Conservation and Recovery Act, 42 U.S.C. Sections 6901 et seq.
(Acts 1993, No. 93-44, p. 78, §3.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10B - Alabama Water Resources.›Section 9-10B-3 - Definitions.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10B - Alabama Water Resources. › Section 9-10B-3 - Definitions.
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Section 9-10B-3
Definitions.
For the purposes of this chapter, the following words and phrases, unless a different meaning is plainly required by the context, shall have the following meanings:
(1) AREA OF THE STATE. Any municipality or county, including portions thereof, or other geographical area of the state as may be designated by the commission pursuant to this chapter.
(2) BENEFICIAL USE. The diversion, withdrawal, or consumption of the waters of the state in such quantity as is necessary for economic and efficient utilization consistent with the interests of this state.
(3) CAPACITY STRESS AREA. An area of the state designated by the commission pursuant to this chapter where the commission determines that the use of the waters of the state, whether ground water, surface water, or both, requires coordination, management, and regulation for the protection of the interests and rights of the people of the state.
(4) CERTIFICATE OF USE. A certificate which shall be issued by the Office of Water Resources, upon receipt of a declaration of beneficial use, in accordance with this chapter acknowledging the diversion, withdrawal, or consumption of the waters of the state.
(5) COMMISSION. The Alabama Water Resources Commission or its successor.
(6) SURFACE WATER REGIONS. Those certain areas of the state designated by this chapter and to be referred to individually as:
a. Central Alabama Surface Water Region. That area of the state formed by the counties of Etowah, Cherokee, St. Clair, Calhoun, Cleburne, Shelby, Talladega, Clay, Randolph, Bibb, Coosa, Tallapoosa, Chilton, Perry, Autauga, Elmore, Macon, Montgomery, Dallas, Lowndes, Wilcox, and Monroe.
b. Coastal Alabama Surface Water Region. That area of the state formed by the counties of Mobile and Baldwin, and all bays, tidal estuaries, and portions of the Gulf of Mexico over which this state has jurisdiction.
c. North Alabama Surface Water Region. That area of the state formed by the counties of Lauderdale, Limestone, Madison, Jackson, Colbert, Franklin, Lawrence, Morgan, Marshall, and DeKalb.
d. Southeast Alabama Surface Water Region. That area of the state formed by the counties of Russell, Bullock, Pike, Barbour, Lee, Chambers, Butler, Crenshaw, Coffee, Dale, Henry, Conecuh, Covington, Geneva, Houston, and Escambia.
e. West Alabama Surface Water Region. That area of the state formed by the counties of Marion, Winston, Cullman, Blount, Lamar, Fayette, Walker, Jefferson, Pickens, Tuscaloosa, Greene, Hale, Sumter, Marengo, Choctaw, Clarke, and Washington.
(7) CRITICAL USE STUDY. An analysis of the available supply of water resources within an area of the state and an assessment of the existing and reasonably foreseeable future demand for such resources to determine if such area of the state should be designated as a capacity stress area.
(8) DECLARATION OF BENEFICIAL USE. A writing signed and certified by, or on behalf of, a person to receive a certificate of use and shall include the following: the name of the person to receive a certificate; the source or sources of the waters of the state subject to such person's beneficial use; the estimated quantity, in gallons, of the waters of the state used on an annual average daily basis by such person and the estimated capacity in gallons, of waters of the state potentially diverted, withdrawn or consumed on any given day by such person; and a statement of facts establishing that the use of such waters constitutes a beneficial use.
(9) DEPARTMENT. The Department of Economic and Community Affairs or its successor.
(10) DIRECTOR. The Director of the Department of Economic and Community Affairs.
(11) DIVISION CHIEF. The Chief of the Office of Water Resources or its successor.
(12) GROUND WATER. Water in a saturated zone or stratum beneath the surface of land or water, whether or not flowing through known and definite channels.
(13) OFFICE OF WATER RESOURCES. The Alabama Office of Water Resources or its successor.
(14) PERSON. Any and all persons, natural or artificial, including any individual, firm, association, organization, partnership, business, trust, corporation, company, any federal agency, authority, or corporation created by the United States of America, and the state and all political subdivisions, regions, districts, municipalities, and public agencies thereof.
(15) PUBLIC WATER SYSTEM. A system for the provision to the public of piped water for human consumption or other uses, if such system has at least 15 service connections or regularly serves an average of at least 25 individuals at least 60 days out of the year. A public water system includes:
a. Any collection, treatment, storage, and distribution facilities under the control of the operator of such system and used primarily in connection with such system; and
b. Any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system.
(16) STATE. The State of Alabama.
(17) SURFACE WATER. Water upon the surface of the earth, whether contained in bounds created naturally or artificially or diffused. Water from natural springs shall be considered "surface water" when it exits from the spring onto the surface of the earth.
(18) WATER RESOURCES COUNCIL. The Alabama Water Resources Council or its successor.
(19) WATERS or WATERS OF THE STATE. A quantity of any spring, brook, creek, stream, river, pond, swamp, lake, reservoir, impoundment, sound, tidal estuary, bay, waterway, aquifer, or any other body or accumulation of water, surface water, or ground water, public or private, natural or artificial, that
a. Is contained within the borders of this state;
b. Flows through or to this state or any portion thereof; or
c. Borders upon this state or any portion thereof, including those portions of the Gulf of Mexico over which this state has jurisdiction.
(Acts 1993, No. 93-44, p. 78, §4.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10B - Alabama Water Resources.›Section 9-10B-4 - Office of Water Resources Created.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10B - Alabama Water Resources. › Section 9-10B-4 - Office of Water Resources Created.
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Section 9-10B-4
Office of Water Resources created.
There is hereby created the Alabama Office of Water Resources as a division of the Department of Economic and Community Affairs.
(Acts 1993, No. 93-44, p. 78, §5.)
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https://law.justia.com/codes/alabama/title-9/chapter-10b/section-9-10b-5/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10B - Alabama Water Resources.›Section 9-10B-5 - Functions and Duties of Office of Water Resources.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10B - Alabama Water Resources. › Section 9-10B-5 - Functions and Duties of Office of Water Resources.
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Section 9-10B-5
Functions and duties of Office of Water Resources.
The general functions and duties of the Office of Water Resources shall be as follows:
(1) To develop long-term strategic plans for the use of the waters of the state by conducting and participating in water resource studies and by administering the laws established by this chapter and regulations promulgated hereunder;
(2) Acting through the commission, to adopt and promulgate rules, regulations, and standards for the purposes of this chapter, and to develop policy for the state regarding the waters of the state;
(3) To implement quantitative water resource programs and projects for the coordination, conservation, development, management, use, and understanding of the waters of the state;
(4) To serve as a repository for data regarding the waters of the state;
(5) To, at its discretion, study, analyze, and evaluate in coordination with, or with the assistance of, other agencies of the state, the federal government, any other state, or any person the uses of the waters of the state, including, without limitation, the diversion, withdrawal, or consumption of such waters, and to prepare comprehensive plans, programs, and policies to encourage or require, where expressly authorized by this chapter, the efficient use of the waters of the state;
(6) To participate on behalf of the state in discussions between or among the state, any federal officer, department, or agency, any other state, or any person concerning the waters of the state; floods, droughts, and other hydrologic events involving the waters of the state; and water conservation programs;
(7) To enter into agreements or contracts, where appropriate, with other agencies of this state, the federal government, local governments, or any person in order to accomplish the purposes of this chapter;
(8) To issue, modify, suspend, or revoke orders, citations, or notices of violation regarding the diversion, withdrawal, or consumption of the waters of the state;
(9) To hold hearings relating to any of the provisions of this chapter or the administration thereof;
(10) To apply for, accept, and disburse advances, loans, grants, contributions, and any other form of assistance from the federal government, the state or other public body, or from any sources, public or private, for the purposes of this chapter, and enter into and carry out contracts or agreements in connection therewith, and include in any contract for financial assistance with the federal government such conditions imposed pursuant to federal laws as it may deem reasonable and appropriate and which are not inconsistent with the purposes of this chapter;
(11) To employ such professional, technical, clerical, and other staff, including attorneys and special counsel, and such consultants as are necessary to accomplish the objectives of this chapter;
(12) To monitor, coordinate, and manage the waters of the state as provided in this chapter. The Office of Water Resources shall make every effort to accept copies of reports submitted pursuant to rules or regulations of the federal government or another agency of the state;
(13) To sponsor, encourage, and facilitate plans, projects, policies, and programs for the conservation, coordination, protection, development, and management of the waters of the state;
(14) To, at its discretion, undertake or participate in studies, surveys, analyses, or investigations of water resources to include, but not limited to, the following: single, multi-purpose, comprehensive, local, county, regional, state, multi-state, national, federal, interstate, intrastate, ground, subsurface, recharge area, surface, watershed, drainage area, sub-basin, basin, stream, corridor, river, reservoir, impoundment, navigation, potable water, water supply, conservation, flood, drought, recreation, hydropower, water availability, water demand, and other water resource studies; provided, however, that the Office of Water Resources' failure to undertake or participate in any such studies, surveys, analyses, or investigations shall not affect the validity thereof.
(15) To conduct a program of education and public enlightenment with respect to the waters of the state;
(16) To make an annual report to the Governor and the presiding officers of the House and Senate through the department concerning the activities and accomplishments of the Office of Water Resources for the preceding fiscal year;
(17) To enforce all provisions of this chapter and to file legal actions in the name of the Office of Water Resources and to prosecute, defend, or settle actions brought by or against the Office of Water Resources or its agents. The Attorney General shall represent the Office of Water Resources in any and all legal actions brought by the Office of Water Resources to enforce any provision of this chapter. Nothing herein shall be construed or interpreted to impair the authority of the Attorney General to enforce independently the provisions of this chapter;
(18) In addition to any other remedies provided by law, to recover in a civil action from any person violating any provision of this chapter, or any rule or regulation promulgated hereunder, other than such provisions or rules or regulations subject to the enforcement of the Alabama Department of Environmental Management, or from any person who fails to submit a declaration of beneficial use or makes a false statement in a declaration of beneficial use the actual costs incurred by the Office of Water Resources to protect the waters of the state from such violation. Such action shall be filed in the circuit court of the county where the defendant resides or does business, or in which the violation occurs or will occur;
(19) After the expiration of one year from February 23, 1993, to issue an order assessing a civil penalty against any person in violation of a. any provision of this chapter or b. any rule or regulation promulgated hereunder, other than such provisions or rules or regulations subject to the enforcement of the Alabama Department of Environmental Management, or any person who fails to submit a declaration of beneficial use or makes a false statement in a declaration of beneficial use; provided, however, that no such order shall be issued to a person if a civil action to recover a penalty for such violation has been commenced against such person. Any order issued under this section shall set forth findings of fact relied upon by the Office of Water Resources in determining the alleged violation and the amount of the civil penalty and may be served in the manner provided for service of process in the Alabama Rules of Civil Procedure. Where the Office of Water Resources has issued an order finding that a violation has occurred and assessing a civil penalty, the person subject thereto shall pay the penalty in full within 30 days of receipt of the order unless such person files a request for a hearing in accordance with the rules and regulations promulgated hereunder. No order shall be issued under this subsection until the division chief or his designated representative has offered to meet with such person concerning the alleged violations and penalties. It is the intent of the Legislature that the director or division chief or their representatives shall attempt in good faith to reach a solution of alleged violations before any legal action is commenced. Civil penalties assessed by the Office of Water Resources and not paid may be recovered in a civil action brought by the Office of Water Resources in the circuit court of the county in which such person resides or does business. Any civil penalty assessed or recovered hereunder shall not exceed $1,000 for each violation. Each day such violation continues shall constitute a separate violation for purposes of this chapter. In no event shall a civil penalty assessed hereunder exceed $25,000 in any calendar year. In determining the amount of any penalty, the Office of Water Resources shall take into account the seriousness of the violation, the standard of care manifested by such person, any economic benefit accruing to such person as a result of the violation, the nature, extent, and degree of success of such person's efforts to minimize or mitigate the effects of such violation on the waters of the state, such person's history of previous violations, and the ability of such person to pay the penalty;
(20) To request such assistance from any other agency of this state as may be reasonable and necessary to carry out the purposes of this chapter. All state agencies, departments, institutions, and political subdivisions are hereby empowered and authorized to make available to the Office of Water Resources such reasonable assistance and information as the office may request in carrying out the intentions and purposes of this chapter;
(21) To recommend to the Legislature such legislation as may be needed to coordinate, protect, conserve, develop, and manage the waters of the state; and
(22) To perform any other duty or take any other action necessary for the implementation and enforcement of this chapter.
(Acts 1993, No. 93-44, p. 78, §6.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10B - Alabama Water Resources.›Section 9-10B-6 - Negotiation and Consummation of Interstate Compacts.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10B - Alabama Water Resources. › Section 9-10B-6 - Negotiation and Consummation of Interstate Compacts.
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Section 9-10B-6
Negotiation and consummation of interstate compacts.
The Office of Water Resources shall act on behalf of the state in the negotiation and consummation of any compact with another state or states (with or without federal interests) concerning the waters of the state; provided, however, the consummation of any such compact is subject to confirmation by an act of the Legislature and approval of the Governor.
(Acts 1993, No. 93-44, p. 78, §7.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10B - Alabama Water Resources.›Section 9-10B-7 - Office Headed by Division Chief.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10B - Alabama Water Resources. › Section 9-10B-7 - Office Headed by Division Chief.
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Section 9-10B-7
Office headed by division chief.
The Office of Water Resources shall be headed by and shall be under the direction, supervision, and control of an officer who shall be known and designated as the Division Chief of the Alabama Office of Water Resources. The division chief shall be appointed by the director, with the approval of the Governor, and shall report to, and be under the direct supervision of, the director. The division chief shall be a person knowledgeable in the fields of water resource management, development, and conservation. The division chief shall be a state Merit System employee. The salary of the division chief shall be set in accordance with state law. Vacancies in the position of division chief shall be filled in the same manner as set forth above; provided, however, that prior to the appointment and approval of a division chief, the director may appoint an acting division chief or may assume the responsibilities of, and serve in the capacity as, division chief until a division chief is selected in accordance with the provisions of this chapter.
(Acts 1993, No. 93-44, p. 78, §8.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10B - Alabama Water Resources.›Section 9-10B-8 - Power and Authority of Division Chief.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10B - Alabama Water Resources. › Section 9-10B-8 - Power and Authority of Division Chief.
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Section 9-10B-8
Power and authority of division chief.
The division chief shall have the power and authority necessary to carry out the functions and duties of the Office of Water Resources. All functions and duties of the Office of Water Resources shall be exercised by the division chief or through such officers or employees as the division chief may designate. In the performance of such functions and duties and in the exercise of such powers and authorities, the division chief and all other officers and employees of the Office of Water Resources shall be subject to all legal requirements, restrictions, limitations, conditions, and penalties, whether civil or criminal, with respect to the performance of such functions and duties and the exercise of such powers and authorities.
(Acts 1993, No. 93-44, p. 78, §9.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10B - Alabama Water Resources.›Section 9-10B-9 - Recommendation of Proposed Rules by Division Chief.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10B - Alabama Water Resources. › Section 9-10B-9 - Recommendation of Proposed Rules by Division Chief.
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Section 9-10B-9
Recommendation of proposed rules by division chief.
The division chief, from time to time, may recommend to the commission proposed rules and regulations, including amendments and repeals thereof, for consideration by the commission. All such rules and regulations shall be reasonably calculated to effect the expeditious and efficient performance of the functions and duties of the Office of Water Resources and shall not be in conflict with applicable statutes, rules, or regulations.
(Acts 1993, No. 93-44, p. 78, §10.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10B - Alabama Water Resources.›Section 9-10B-10 - Establishment of Technical or Other Advisory Committees.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10B - Alabama Water Resources. › Section 9-10B-10 - Establishment of Technical or Other Advisory Committees.
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Section 9-10B-10
Establishment of technical or other advisory committees.
The division chief may establish such technical or other advisory committees to assist the commission or the Office of Water Resources in the performance of its functions and duties.
(Acts 1993, No. 93-44, p. 78, §11.)
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https://law.justia.com/codes/alabama/title-9/chapter-10b/section-9-10b-11/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10B - Alabama Water Resources.›Section 9-10B-11 - Determination of Number of Employees Needed.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10B - Alabama Water Resources. › Section 9-10B-11 - Determination of Number of Employees Needed.
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Section 9-10B-11
Determination of number of employees needed.
The division chief shall, with the approval of the director and subject to the provisions of the state Merit System, determine the number of employees needed for the efficient and economical performance of the functions and duties of the Office of Water Resources.
(Acts 1993, No. 93-44, p. 78, §12.)
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https://law.justia.com/codes/alabama/title-9/chapter-10b/section-9-10b-12/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10B - Alabama Water Resources.›Section 9-10B-12 - Water Resources Commission Created; Membership.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10B - Alabama Water Resources. › Section 9-10B-12 - Water Resources Commission Created; Membership.
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Section 9-10B-12
Water Resources Commission created; membership.
There is hereby created the Alabama Water Resources Commission. The commission shall consist of 19 members who are citizens of this state as follows:
(1) Seven of the members of the commission shall be appointed by the Governor with one member being a resident of each congressional district and with at least one member being a resident of each surface water region; provided, however, that no more than two residents from each surface water region may be appointed by the Governor to serve on the commission at the same time.
(2) The Governor shall also appoint one member of the commission from a list of five candidates submitted by an organization representing a majority of the rural water systems in the state, and one member from a list of five candidates submitted by a statewide organization representing soil and water conservation districts in the state.
(3) Five of the members of the commission shall be appointed by the Lieutenant Governor, one of the members being appointed from a list of five candidates submitted by an urban public water system in the state using 90 million gallons of water or more per day from the waters of the state on an average daily basis, one of the members being appointed from a list of five candidates submitted by a statewide organization representing a majority of persons, other than public water systems, using twenty million gallons of water or more per day from the waters of the state on an average daily basis during any calendar month for diverse industrial, commercial, business, or manufacturing purposes, one of the members being appointed from a list of five candidates submitted by an organization representing environmental, conservation, or water-related recreation interests in the state, one of the members being appointed from a list of five candidates submitted by an organization representing a majority of urban public water systems in the state using less than 90 million gallons of water per day from the waters of the state on an average daily basis, and one member being appointed from the state at-large.
(4) Five of the members of the commission shall be appointed by the Speaker of the House of Representatives, one of the members being appointed from a list of five candidates submitted by an organization representing a majority of urban public water systems in the state using less than 90 million gallons of water per day from the waters of the state on an average daily basis, one of the members being appointed from a list of five candidates submitted by a statewide organization representing a majority of persons, other than public water systems, using twenty million gallons of water or more per day from the waters of the state on an average daily basis during any calendar month for diverse industrial, commercial, business, or manufacturing purposes, one member being appointed from a list of five candidates submitted by commercial navigation interests in the state, one member being appointed from a list of five candidates submitted by an organization representing a majority of persons who are required to submit declarations of beneficial use for irrigation purposes, and one member being appointed from the state at-large.
(5) The appointing authority shall immediately inform the Office of Water Resources in writing of the name and address of each initial or successor member of the commission. All appointments to the commission shall be published by the Office of Water Resources in a newspaper of general circulation in Montgomery County. Any objections to the appointment of a member of the commission shall be made in writing to the appointing authority within 30 days of the publication of such appointment and shall be limited to the failure of the appointing authority to appoint a member in accordance with the provisions of this section. Any such objections not made within this 30-day period shall be deemed waived.
(6) Members of the commission shall meet all requirements of the State Ethics Law and the conflict of interest provisions of applicable federal laws and regulations.
(Acts 1993, No. 93-44, p. 78, §13.)
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https://law.justia.com/codes/alabama/title-9/chapter-10b/section-9-10b-13/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10B - Alabama Water Resources.›Section 9-10B-13 - Terms of Members of Commission.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10B - Alabama Water Resources. › Section 9-10B-13 - Terms of Members of Commission.
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Section 9-10B-13
Terms of members of commission.
The terms of the initial members of the commission shall begin on February 23, 1993 and shall be as follows:
(1) Five of the members appointed by the Governor shall be selected by the Governor to serve for a period of two years;
(2) Four of the members appointed by the Governor shall be selected by the Governor to serve for a period of six years;
(3) Three of the members appointed by the Lieutenant Governor shall be selected by the Lieutenant Governor to serve for a period of four years;
(4) Two of the members appointed by the Lieutenant Governor shall be selected by the Lieutenant Governor to serve for a period of six years;
(5) Three of the members appointed by the Speaker of the House of Representatives shall be selected by the Speaker of the House of Representatives to serve for a period of four years; and
(6) Two of the members appointed by the Speaker of the House of Representatives shall be selected by the Speaker of the House of Representatives to serve for a period of six years.
(Acts 1993, No. 93-44, p. 78, §14.)
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https://law.justia.com/codes/alabama/title-9/chapter-10b/section-9-10b-14/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10B - Alabama Water Resources.›Section 9-10B-14 - Expiration of Term or Vacancy on Commission; Succession; Appointment.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10B - Alabama Water Resources. › Section 9-10B-14 - Expiration of Term or Vacancy on Commission; Succession; Appointment.
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Section 9-10B-14
Expiration of term or vacancy on commission; succession; appointment.
At the expiration of the terms of the members initially appointed to the commission, their successors shall be appointed by the Governor, the Lieutenant Governor, and Speaker of the House of Representatives on the same basis as the initial members for terms of six years. No member of the commission may serve more than two full six-year terms. At the expiration of a term of office or in the event of a vacancy on the commission, the appropriate appointing authority shall promptly make an appointment to fill the vacancy for the remainder of the vacating member's term. The expiring term of an incumbent member shall be continued until a successor is appointed. Notwithstanding the foregoing, the term of each successor to a member of the commission, including any initial member of the commission who is reappointed by the appropriate appointing authority, shall be deemed to begin on the day following the last day of the term of the member whose term has expired or is otherwise terminated regardless of the time such appointment is made. Any member of the commission who misses three consecutive meetings of the commission shall immediately cease to be a member thereof and the appropriate appointing authority shall appoint a new member to complete the remainder of the term of such member.
(Acts 1993, No. 93-44, p. 78, §15.)
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https://law.justia.com/codes/alabama/title-9/chapter-10b/section-9-10b-15/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10B - Alabama Water Resources.›Section 9-10B-15 - Chairperson of Commission; Length of Term; Successor.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10B - Alabama Water Resources. › Section 9-10B-15 - Chairperson of Commission; Length of Term; Successor.
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Section 9-10B-15
Chairperson of commission; length of term; successor.
The Governor shall select the initial chairperson of the commission from among the members of the commission. The chairperson shall serve for a term of two years. After the expiration of the term of the chairperson initially appointed, the commission shall elect a successor from among the members of the commission; provided, however, that any subsequent chairperson shall serve at least two years on the commission before assuming the position of chairperson. In the event that no member of the commission has served for more than two years in such capacity, the commission shall elect a chairperson from among the members of the commission.
(Acts 1993, No. 93-44, p. 78, §16.)
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https://law.justia.com/codes/alabama/title-9/chapter-10b/section-9-10b-16/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10B - Alabama Water Resources.›Section 9-10B-16 - Duties of Commission.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10B - Alabama Water Resources. › Section 9-10B-16 - Duties of Commission.
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Section 9-10B-16
Duties of commission.
The commission shall have the following duties:
(1) To advise the Governor and the presiding officers of the Senate and House, as necessary or as requested, on all matters related to the waters of the state as provided in this chapter;
(2) To provide guidance to the director and the division chief on all matters within the commission's scope of authority;
(3) To advise in the formulation of policies, plans, and programs of the Office of Water Resources in the performance of its functions and duties;
(4) To establish, adopt, promulgate, modify, repeal, and suspend any rules or regulations authorized pursuant to this chapter which may be applicable to the state as a whole or any of its geographical parts and to consider the adoption of any rule or regulation recommended by the division chief;
(5) To advise the Office of Water Resources to implement policies, plans, and programs governing the waters of the state; and
(6) To hear and determine appeals of administrative actions of the Office of Water Resources, including the administration of certificates of use or the issuance, modification, or repeal of any order, notice of violation or citation issued pursuant to subdivisions (17), (18) or (19) of Section 9-10B-5.
(Acts 1993, No. 93-44, p. 78, §17.)
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https://law.justia.com/codes/alabama/title-9/chapter-10b/section-9-10b-17/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10B - Alabama Water Resources.›Section 9-10B-17 - Remuneration of Commission; Meetings; Division Chief as Ex Officio Secretary.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10B - Alabama Water Resources. › Section 9-10B-17 - Remuneration of Commission; Meetings; Division Chief as Ex Officio Secretary.
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Section 9-10B-17
Remuneration of commission; meetings; division chief as ex officio secretary.
(a) The members of the commission shall receive no salary or compensation as members of such commission, but shall be reimbursed for expenses of travel, meals, and lodging while in the performance of their duties as members of such commission in accordance with Article 2, Chapter 7, Title 36.
(b) The commission shall hold regular meetings at least twice every calendar year at the time and place designated by the chairperson of the commission. Special meetings of the commission may be called at the discretion of the chairperson of the commission and shall be called by the chairperson of the commission upon written request of the division chief or three members of the commission requesting that the commission consider any matter within its authority. All members shall be notified of the time and place designated for any regular or special meeting at least five days prior to such meeting in any of the following ways:
(1) By written notice mailed to the member's last known address.
(2) By telegram.
(3) By telephone.
(c) The division chief shall serve as ex officio secretary of the commission and shall keep minutes of all meetings and a record of all proceedings of the commission. The division chief shall receive no additional compensation for such services.
(Acts 1993, No. 93-44, p. 78, §18.)
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https://law.justia.com/codes/alabama/title-9/chapter-10b/section-9-10b-18/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10B - Alabama Water Resources.›Section 9-10B-18 - Adoption of Rules and Regulations for Operation of Commission; Administrative Hea...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10B - Alabama Water Resources. › Section 9-10B-18 - Adoption of Rules and Regulations for Operation of Commission; Administrative Hearings.
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Section 9-10B-18
Adoption of rules and regulations for operation of commission; administrative hearings.
As soon as reasonably practicable, but in no event later than one year from February 23, 1993, the commission shall adopt rules and regulations for the operation of the commission. The commission shall also adopt rules governing all administrative hearings and appeals involving the commission and the Office of Water Resources.
(Acts 1993, No. 93-44, p. 78, §19.)
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https://law.justia.com/codes/alabama/title-9/chapter-10b/section-9-10b-19/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10B - Alabama Water Resources.›Section 9-10B-19 - Promulgation of Rules Governing Declarations of Beneficial Use and Certificates o...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10B - Alabama Water Resources. › Section 9-10B-19 - Promulgation of Rules Governing Declarations of Beneficial Use and Certificates of Use.
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Section 9-10B-19
Promulgation of rules governing declarations of beneficial use and certificates of use.
As soon as reasonably practicable, but in no event later than one year from February 23, 1993, the commission, in consultation with the Office of Water Resources, shall promulgate and adopt rules and regulations governing declarations of beneficial use and certificates of use. Such rules and regulations shall be consistent with the objectives of this chapter and the provisions of this section. In addition to any other requirement established by the commission, the following provisions shall govern all declarations of beneficial use submitted to, and certificates of use issued by, the Office of Water Resources:
(1) Certificates of use may be transferred, consigned, or conveyed, in whole or in part, in accordance with rules and regulations promulgated by the commission;
(2) Declarations of beneficial use shall be submitted periodically in accordance with regulations promulgated by the commission and declarations of beneficial use shall be submitted within 90 days of a substantial change in any person's beneficial use of the waters of the state or a change in the name of a person diverting, withdrawing, or consuming waters of the state who has previously submitted a declaration of beneficial use in accordance with regulations promulgated by the commission. In cases where a certificate of convenience and necessity has been issued or is issued in the future for any plant, property, or facility in accordance with Section 37-4-28, the term of any certificate of use shall be for the useful life of the facility, not to exceed 40 years;
(3) In the event a new or revised certificate of use has not been issued by the Office of Water Resources within 90 days of a person's submission of a declaration of beneficial use as required under regulations promulgated by the commission, the person submitting such declaration may continue to divert, withdraw, or consume the waters of the state, shall comply with rules and regulations regarding declarations of beneficial use, and shall not be subject to any civil action or order issued by the Office of Water Resources for failing to submit a declaration of beneficial use; and
(4) Each certificate of use shall acknowledge the estimated amount, in gallons, of the waters of the state used on an annual average daily basis by the holder thereof and shall acknowledge the estimated capacity, in gallons, of the waters of the state potentially diverted, withdrawn, or consumed on any given day by such person as set forth in such person's declaration of beneficial use. For purposes of this chapter, certificates of use shall only acknowledge the estimated amount of water in gallons initially diverted, withdrawn, or consumed by a person from the waters of the state and shall not include waters that are recycled, reclaimed, or otherwise reused by such person or waters that are diverted, withdrawn, or consumed by a person pursuant to a certificate of use and stored for subsequent use by such person.
(Acts 1993, No. 93-44, p. 78, §20.)
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https://law.justia.com/codes/alabama/title-9/chapter-10b/section-9-10b-20/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10B - Alabama Water Resources.›Section 9-10B-20 - Submission of Declaration of Beneficial Use; Requirements and Limitations; Certif...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10B - Alabama Water Resources. › Section 9-10B-20 - Submission of Declaration of Beneficial Use; Requirements and Limitations; Certificate of Use.
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Section 9-10B-20
Submission of declaration of beneficial use; requirements and limitations; certificate of use.
(a) A declaration of beneficial use shall be submitted within 90 days of the promulgation of rules and regulations governing such declarations by each public water system that regularly serves, individually or in combination with other such systems, more than 10,000 households and by each person who diverts, withdraws, or consumes more than 100,000 gallons of water on any day from the waters of the state.
(b) A declaration of beneficial use shall be submitted within 180 days of the promulgation of rules and regulations governing such declarations by each public water system that regularly serves, individually or in combination with other such systems, less than 10,000 households.
(c) No declaration of beneficial use shall be required to be submitted by any person, other than public water systems, who diverts, withdraws, or consumes less than 100,000 gallons of water each day from the waters of the state unless the commission determines by regulation that the submission of declaration of beneficial use by such person is necessary to accomplish the purposes of this chapter. In addition, no declaration of beneficial use shall be required and no certificate of use shall be issued for:
(1) In-stream uses of water, including, but not limited to, recreation, navigation, water oxygenation system, and hydropower generation; or
(2) Impoundments covering not more than 100 acres in surface area:
a. Confined and retained completely upon the property of a person; and
b. Used solely for recreational purposes, including sport fishing.
(d) Notwithstanding any other provision of this chapter to the contrary, each person who has the capacity to use 100,000 gallons or more of water on any day in total for purposes of irrigation shall submit a declaration of beneficial use to the Office of Water Resources on or before January 1, 1995. Persons who use waters for purposes of irrigation, but who do not have the capacity to use 100,000 gallons or more of water on any day in total for purposes of irrigation, are not required to submit a declaration of beneficial use unless the commission determines by regulation that such action is necessary to accomplish the purposes of this chapter.
(e) The Office of Water Resources shall issue a certificate of use to any person required to submit a declaration of beneficial use upon the submission of a declaration of beneficial use. The declaration of beneficial use shall contain all information required to be submitted under regulations promulgated by the commission and shall establish that the proposed diversion, withdrawal, or consumption of such water shall not interfere with any presently known existing legal use of such water and is consistent with the objectives of this chapter. Each certificate of use shall contain the following statement: "THE ISSUANCE OF THIS CERTIFICATE OF USE SHALL NOT CONFER OR MODIFY ANY PERMANENT INTERESTS OR RIGHTS IN THE HOLDER THEREOF TO THE CONTINUED USE OF THE WATERS OF THE STATE OF ALABAMA."
(f) It shall be a condition of each certificate of use issued by the Office of Water Resources that reports be submitted annually to the Office of Water Resources, indicating the amount of water, in gallons, diverted, withdrawn, or consumed on a monthly basis by such person and such other information required under regulations promulgated by the commission. Such reports shall be signed and certified that to the best of the person's knowledge and belief, the information contained therein is true, accurate, and complete.
(Acts 1993, No. 93-44, p. 78, §21.)
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https://law.justia.com/codes/alabama/title-9/chapter-10b/section-9-10b-21/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10B - Alabama Water Resources.›Section 9-10B-21 - Critical Use Studies to Determine if Areas Should Be Designated as Capacity Stres...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10B - Alabama Water Resources. › Section 9-10B-21 - Critical Use Studies to Determine if Areas Should Be Designated as Capacity Stress Areas.
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Section 9-10B-21
Critical use studies to determine if areas should be designated as capacity stress areas.
The division chief shall notify the commission of the designation of areas of the state for which the Office of Water Resources, in coordination with, or with the assistance of, other agencies of the state or federal government, shall conduct a critical use study to determine if such areas should be designated as capacity stress areas. Each critical use study shall include an analysis of reasonable alternatives to address the quantitative water resources problems identified by the Office of Water Resources during the study. At a minimum, the critical use study shall include an assessment of a no-action alternative, a conservation alternative, a water resources development alternative, and a restrictive use alternative. Within each area of the state for which a critical use study is proposed, the Office of Water Resources shall consult with all persons holding a certificate of use within such area as well as all appropriate federal, state, or local government agencies within such area prior to the completion of the critical use study. The division chief may establish a technical or other advisory committee to assist in the preparation of a critical use study. In addition, the Office of Water Resources shall prepare a draft of each critical use study, including the tentative recommendations of the Office of Water Resources to the commission, and shall solicit comments from interested persons within the study area and shall conduct a public hearing on the critical use study within the study area prior to the completion of the critical use study. The Office of Water Resources shall consider all comments received during the public review process in the development of the final report of the critical use study. Upon the completion of a critical use study, the Office of Water Resources shall submit a final report of the critical use study to the commission and shall certify to the commission that the critical use study has been completed in accordance with this section and shall recommend to the commission those actions, if any, determined during the study process to be necessary to protect the quantitative water resources of such area. The commission shall review the critical use study submitted by the Office of Water Resources and determine if the implementation of water use restrictions in such area is necessary due to a finding by the commission that the aggregate existing or reasonably foreseeable uses of the waters of the state in such area exceed or will exceed the availability of such waters and is required to protect the availability of the waters of the state, and may initiate rule-making proceedings to have such area of the state designated as a capacity stress area; provided, however, that the commission shall not adopt or promulgate any rule or regulation with respect to any capacity stress area without the concurrence of 13 of the members of the commission. A quorum of the commission shall be a majority of the members of the commission. In the event the commission adopts rules designating a capacity stress area, the commission shall further initiate rule-making authorizing only the implementation of those actions recommended by the Office of Water Resources or such other action as the commission determines to be reasonably necessary to protect the interests of the people of the state with respect to the waters of the state, including, without limitation, the coordination, encouragement, and facilitation of local participation in the design and implementation of such actions; the development, funding, or other participation in water resource projects within such areas; the adoption of mandatory conservation measures limiting the use of water in such areas; and procedures to review all certificates of use within such areas. No actions or measures proposed by the commission shall be implemented except in accordance with the rule-making procedures of the commission and applicable law.
(Acts 1993, No. 93-44, p. 78, §22.)
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https://law.justia.com/codes/alabama/title-9/chapter-10b/section-9-10b-22/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10B - Alabama Water Resources.›Section 9-10B-22 - Implementation of Use Restriction Alternatives; Conditions, Limitations, or Restr...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10B - Alabama Water Resources. › Section 9-10B-22 - Implementation of Use Restriction Alternatives; Conditions, Limitations, or Restrictions on Certificate of Use.
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Section 9-10B-22
Implementation of use restriction alternatives; conditions, limitations, or restrictions on certificate of use.
(a) Upon the designation of any area of the state as a capacity stress area where the commission specifically finds the implementation of a use restriction alternative is necessary because the aggregate existing or reasonably foreseeable uses of the waters of the state in such an area exceed or will exceed the availability of such waters and is required to protect the availability of the waters of the state within such area, the commission shall immediately initiate rule-making procedures to consider appropriate conditions or limitations applicable to all certificates of use within such area; provided, however, that the commission shall not adopt or promulgate any rule or regulation with respect to any capacity stress area without the concurrence of 13 of the members of the commission. Any such conditions or limitations shall be confined to matters necessary for the protection of the beneficial use of the waters of the state. In addition to any other requirement of law, the notice of rule-making shall be sent by certified mail, return receipt requested, to each person within such area holding a certificate of use. The notice of rule-making shall include a description of the actions proposed by the commission, including the duration thereof, in the capacity stress area.
(b) Any rules or regulations proposed under this section shall consider fully all relevant matters prior to the adoption of any conditions, limitations, or restrictions upon any certificate of use within a capacity stress area. Such matters shall include, but shall not be limited to: the uses of water under each certificate of use within such area; the quantity of any water returned by each holder of a certificate of use to the capacity stress area; the reasonably foreseeable impacts to the economic or other interests of the state as a result of the imposition of any conditions, limitations, or restrictions upon each certificate of use; and the effect of such conditions, limitations, or restrictions upon the status of such area as a capacity stress area.
(c) Every 12 months, or sooner if necessary or requested by the division chief, the commission shall confirm the conditions applicable to a capacity stress area to determine what, if any, modifications to the designation of the capacity stress area are appropriate.
(Acts 1993, No. 93-44, p. 78, §23.)
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https://law.justia.com/codes/alabama/title-9/chapter-10b/section-9-10b-23/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10B - Alabama Water Resources.›Section 9-10B-23 - Authority of Alabama Department of Environmental Management to Implement and Enfo...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10B - Alabama Water Resources. › Section 9-10B-23 - Authority of Alabama Department of Environmental Management to Implement and Enforce Rules and Regulations.
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Section 9-10B-23
Authority of Alabama Department of Environmental Management to implement and enforce rules and regulations.
(a) In the event the commission adopts or promulgates any rules or regulations limiting or reducing the quantity of water available to a person holding a certificate of use, the implementation and enforcement of such rules and regulations shall be under the direction of the Alabama Department of Environmental Management.
(b) The Alabama Department of Environmental Management and the Alabama Environmental Management Commission are hereby expressly authorized to perform the following duties and functions with respect to the implementation and enforcement of the rules and regulations adopted by the commission:
(1) To receive copies of all reports or other documents submitted to the Office of Water Resources by holders of certificates of use within a capacity stress area;
(2) Acting through the Alabama Department of Environmental Management, to issue an order assessing a civil penalty against any person in violation of any condition, limitation, or restriction of a certificate of use promulgated by the commission pursuant to Section 9-10B-22; provided, however, that all such orders shall be consistent with, and subject to the limitations set forth in, subdivision (19) of Section 9-10B-5;
(3) To recommend to the Office of Water Resources or the commission actions to be taken within a capacity stress area or modifications, amendments, or repeals of any rules or regulations adopted by the commission regarding a capacity stress area;
(4) Acting through the Alabama Environmental Management Commission, to hear administrative appeals of any order issued by the Alabama Department of Environmental Management pursuant to this section; and
(5) Acting through the Alabama Environmental Management Commission, to adopt such rules and regulations as reasonably necessary to perform the functions authorized pursuant to this section; provided, however, that no such rules or regulations shall conflict or be inconsistent with the rules or regulations adopted by the commission in designating a capacity stress area.
(Acts 1993, No. 93-44, p. 78, §24.)
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https://law.justia.com/codes/alabama/title-9/chapter-10b/section-9-10b-24/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10B - Alabama Water Resources.›Section 9-10B-24 - Alabama Water Resources Council Established; Composition of Members; Advisory Cap...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10B - Alabama Water Resources. › Section 9-10B-24 - Alabama Water Resources Council Established; Composition of Members; Advisory Capacity.
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Section 9-10B-24
Alabama Water Resources Council established; composition of members; advisory capacity.
There is hereby established the Alabama Water Resources Council. The Water Resources Council shall act in an advisory capacity to the Office of Water Resources and shall be comprised of one representative appointed by each of the following entities: The Alabama Department of Conservation and Natural Resources, the Alabama Department of Environmental Management, the Alabama Department of Public Health, the Soil and Water Conservation Committee, the Alabama State Port Authority, the Geological Survey of Alabama, and the Water Resource Research Institute. From time to time, the division chief may request any other state agency to appoint a representative to the Water Resources Council. The Water Resources Council shall advise the Office of Water Resources on all matters concerning the waters of the state.
(Acts 1993, No. 93-44, p. 78, §25.)
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https://law.justia.com/codes/alabama/title-9/chapter-10b/section-9-10b-25/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10B - Alabama Water Resources.›Section 9-10B-25 - Considerations When Designating Capacity Stress Areas; Authority of Local Organiz...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10B - Alabama Water Resources. › Section 9-10B-25 - Considerations When Designating Capacity Stress Areas; Authority of Local Organizations to Implement Proposed Actions.
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Section 9-10B-25
Considerations when designating capacity stress areas; authority of local organizations to implement proposed actions.
During the designation of a capacity stress area, the commission shall give due consideration to any hydrologic boundaries or other geographical considerations in designating an area of the state as a capacity stress area. In addition, the commission shall determine whether any local organization, including, but not limited to, watershed management authorities, conservancy districts, or soil and water conservation districts, are duly organized and authorized to implement the proposed actions in a capacity stress area other than those actions delegated to the Alabama Department of Environmental Management pursuant to Section 9-10B-23. In the absence of local organizations or in the event any such local organizations do not have the authority or are not authorized to take the action proposed within the capacity stress area, the Office of Water Resources shall implement such actions promulgated and adopted by the commission; provided, however, the Office of Water Resources shall recognize, cooperate, and coordinate with any such local organizations involved with the management, conservation, protection, enhancement, and development of the waters of the state within the capacity stress area.
(Acts 1993, No. 93-44, p. 78, §26.)
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https://law.justia.com/codes/alabama/title-9/chapter-10b/section-9-10b-26/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10B - Alabama Water Resources.›Section 9-10B-26 - Effect of Chapter on Other State Departments and Agencies.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10B - Alabama Water Resources. › Section 9-10B-26 - Effect of Chapter on Other State Departments and Agencies.
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Section 9-10B-26
Effect of chapter on other state departments and agencies.
Nothing in this chapter shall be interpreted as negating, destroying, impairing, preempting, or superseding any statutory, common law, or other legal right, duty, power, or authority of the Alabama Department of Environmental Management, the Alabama Department of Conservation and Natural Resources, the Alabama Department of Public Health, the Geological Survey of Alabama or any other agency or department of this state.
(Acts 1993, No. 93-44, p. 78, §27.)
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https://law.justia.com/codes/alabama/title-9/chapter-10b/section-9-10b-27/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10B - Alabama Water Resources.›Section 9-10B-27 - Effect of Chapter on Water Use Rights of Riparian Land Owners.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10B - Alabama Water Resources. › Section 9-10B-27 - Effect of Chapter on Water Use Rights of Riparian Land Owners.
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Section 9-10B-27
Effect of chapter on water use rights of riparian land owners.
Nothing contained in this chapter shall change or modify existing common or statutory law with respect to the rights of existing or future riparian owners concerning the use of the waters of the state.
(Acts 1993, No. 93-44, p. 78, §28.)
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https://law.justia.com/codes/alabama/title-9/chapter-10b/section-9-10b-28/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10B - Alabama Water Resources.›Section 9-10B-28 - Expenditure of Appropriations.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10B - Alabama Water Resources. › Section 9-10B-28 - Expenditure of Appropriations.
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Section 9-10B-28
Expenditure of appropriations.
All appropriations to the Alabama Office of Water Resources shall be expended by the Office of Water Resources and Water Resources Commission for only those purposes authorized by this chapter. All penalties collected pursuant to this chapter shall be deposited in the General Fund. Subsequent appropriations may be made in conjunction with appropriations to the department.
(Acts 1993, No. 93-44, p. 78, §29.)
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https://law.justia.com/codes/alabama/title-9/chapter-10b/section-9-10b-29/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10B - Alabama Water Resources.›Section 9-10B-29 - Charging Fees or Taxes.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10B - Alabama Water Resources. › Section 9-10B-29 - Charging Fees or Taxes.
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Section 9-10B-29
Charging fees or taxes.
The Office of Water Resources and the Alabama Water Resources Commission shall not charge or collect any fees or taxes from any person as a result of this chapter or of the powers granted to the Office of Water Resources or the Alabama Water Resources Commission, unless expressly authorized by the Legislature.
(Acts 1993, No. 93-44, p. 78, §30.)
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https://law.justia.com/codes/alabama/title-9/chapter-10b/section-9-10b-30/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10B - Alabama Water Resources.›Section 9-10B-30 - Application of Alabama Administrative Procedure Act.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10B - Alabama Water Resources. › Section 9-10B-30 - Application of Alabama Administrative Procedure Act.
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Section 9-10B-30
Application of Alabama Administrative Procedure Act.
It is the intent of the Legislature that the Office of Water Resources and the Alabama Water Resources Commission shall be subject to all provisions of the Alabama Administrative Procedure Act, Chapter 22, Title 41.
(Acts 1993, No. 93-44, p. 78, §31.)
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https://law.justia.com/codes/alabama/title-9/chapter-10c/section-9-10c-1/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10C - Alabama Drought Planning and Response Act.›Section 9-10C-1 - Short Title.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10C - Alabama Drought Planning and Response Act. › Section 9-10C-1 - Short Title.
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Section 9-10C-1
Short title.
This chapter may be known and cited as the Alabama Drought Planning and Response Act.
(Act 2014-400, p. 1466, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-10c/section-9-10c-2/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10C - Alabama Drought Planning and Response Act.›Section 9-10C-2 - Definitions.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10C - Alabama Drought Planning and Response Act. › Section 9-10C-2 - Definitions.
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Section 9-10C-2
Definitions.
As used in this chapter, the following words shall have the following meanings:
(1) ADAPT. The Alabama Drought Assessment and Planning Team as created by this chapter.
(2) ADECA. The Alabama Department of Economic and Community Affairs.
(3) ADCNR COMMISSIONER. The Commissioner of the Alabama Department of Conservation and Natural Resources.
(4) ADEM DIRECTOR. The Director of the Alabama Department of Environmental Management.
(5) AEMA DIRECTOR. The Director of the Alabama Emergency Management Agency.
(6) ALABAMA ADJUTANT GENERAL. The Commanding General of the Alabama National Guard.
(7) AGI COMMISSIONER. The Commissioner of the Alabama Department of Agriculture and Industries.
(8) COMMUNITY PUBLIC WATER SYSTEM. A public water system which serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents.
(9) DROUGHT CONSERVATION PLAN. A written plan that addresses graduated drought response procedures with implementation of specific measures based on drought severity. The drought conservation plan may be a separate plan or a component of a broader emergency response plan.
(10) DROUGHT DECLARATION. A written summary, issued by OWR, containing a description of drought conditions throughout the state.
(11) DROUGHT EMERGENCY. A written declaration by the Governor that drought conditions in all or any part of the state are of such severity that public health or safety is threatened.
(12) DROUGHT MONITOR. The assessment of drought conditions throughout the United States published weekly by the National Integrated Drought Information System (NIDIS) on the "drought.gov" domain or its successor.
(13) EMERGENCY ACTION PLAN. A written emergency response plan.
(14) MIG. The Monitoring and Impact Group Subcommittee of ADAPT as created by this chapter.
(15) MIG CHAIR. The Chair of the Monitoring and Impact Group Subcommittee as created by this chapter.
(16) OFFICE OF WATER RESOURCES DIVISION DIRECTOR. The Division Director of the Office of Water Resources.
(17) OFFICE OF WATER RESOURCES or OWR. The Alabama Office of Water Resources, a division of the Alabama Department of Economic and Community Affairs.
(18) STATE CLIMATOLOGIST. The State Climatologist of Alabama as appointed by the Governor and qualified to meet the roles and standards established by the American Association of State Climatologists as a Recognized State Climate Office.
(19) STATE FORESTER. The Director of the Alabama Forestry Commission.
(20) STATE GEOLOGIST. The Director of the Geological Survey of Alabama.
(Act 2014-400, p. 1466, §2.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10C - Alabama Drought Planning and Response Act.›Section 9-10C-3 - Drought Plan.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10C - Alabama Drought Planning and Response Act. › Section 9-10C-3 - Drought Plan.
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Section 9-10C-3
Drought plan.
(a) The Office of Water Resources shall publish a drought plan for the State of Alabama which shall include as a minimum the following:
(1) Procedures for defining drought levels.
(2) ADAPT and MIG operating procedures.
(3) Drought-related information collection, storage, and dissemination procedures.
(4) Procedures related to the issuance of drought declarations.
(5) Procedures for the development of inputs to the drought monitor.
(6) Measures that encourage water conservation and efficiency throughout the state.
(7) Public information and outreach on drought related programs and conditions.
(b) The plan shall be updated periodically but no less than every five years.
(c) Upon adoption by the state of any statewide legislation addressing water resource planning or policy, OWR shall review the drought plan and no later than 180 days following the adoption of the legislation shall make any changes in the plan necessary to ensure it is consistent with that legislation.
(Act 2014-400, p. 1466, §3.)
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https://law.justia.com/codes/alabama/title-9/chapter-10c/section-9-10c-4/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10C - Alabama Drought Planning and Response Act.›Section 9-10C-4 - Alabama Drought Assessment and Planning Team.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10C - Alabama Drought Planning and Response Act. › Section 9-10C-4 - Alabama Drought Assessment and Planning Team.
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Section 9-10C-4
Alabama Drought Assessment and Planning Team.
(a) There is created the Alabama Drought Assessment and Planning Team (ADAPT) consisting of the following members:
(1) The Office of Water Resources Division Director or his or her designated representative.
(2) The AEMA Director or his or her designated representative.
(3) The ADEM Director or his or her designated representative.
(4) The Alabama Adjutant General or his or her designated representative.
(5) The AGI Commissioner or his or her designated representative.
(6) The ADCNR Commissioner or his or her designated representative.
(7) The Alabama State Forester or his or her designated representative.
(8) The State Geologist of Alabama or his or her designated representative.
(9) The State Climatologist of Alabama or his or her designated representative.
(10) The Chair of the Drought Monitoring and Impact Group (MIG) Subcommittee.
(11) A representative from Choctawhatchee Pea River Watershed Authority.
(12) Two members representing the state at large appointed by the Governor.
(13) The State Executive Director of the Alabama Soil and Water Conservation Committee, or his or her designee.
(14) The State Conservationist of the Alabama Natural Resource Conservation Service, or his or her designee.
(15) From time to time the Governor may appoint additional members of ADAPT as appropriate.
(16) In addition to the above members, the Chair of ADAPT is authorized to invite representatives from appropriate federal agencies and county government to be members of ADAPT. A federal and county government representative may participate in an ex officio capacity with no voting rights and shall not count towards a quorum.
(b) The Office of Water Resources Division Director, or his or her designee, shall serve as chair of ADAPT and the chair shall have the following duties, powers, and responsibilities:
(1) Call, chair, and conduct all meetings of ADAPT.
(2) Create and appoint members of any subcommittees; including the MIG. Membership of the MIG shall be based upon an individual's drought-related expertise or experience and may include both members and nonmembers of ADAPT.
(3) Appoint the chair of the MIG.
(c) ADAPT shall have the following duties, powers, and responsibilities:
(1) To provide advice to the Office of Water Resources on the development of a statewide drought plan.
(2) To assess drought conditions in the state, based on input from the MIG.
(3) To advise the Governor when a drought emergency exists either statewide or in an area or areas of the state.
(4) To make recommendations to the Governor for any mandatory water withdrawal restrictions or reductions that he or she may wish to order.
(5) To establish procedures for the operations and meetings of ADAPT and any subcommittees.
(6) To administer and spend such funds as are appropriated by the Legislature or provided from other sources for the establishment and administration of ADAPT. ADECA shall serve as the administrative and financial support of ADAPT.
(7) ADAPT shall have at least one standing subcommittee which shall be known as the Monitoring and Impact Group (MIG) whose duties shall be to conduct meetings and report recommendations to ADAPT. The MIG shall collect and summarize information relating to drought conditions and forecasts including rainfall, stream flows, reservoir elevations, soil moisture, and groundwater levels, as well as the impacts of these conditions and forecasts on public water supplies, the environment, agriculture, industry, and recreation. The MIG may also recommend responses and strategies necessary to mitigate drought effects on Alabama. The MIG Chair shall provide a summary of drought conditions at the request of the ADAPT Chair and at each ADAPT meeting.
(8) ADAPT may establish other subcommittees as needed.
(d) ADAPT shall meet at least twice annually.
(e) Members of ADAPT appointed as at-large members shall be eligible to receive compensation, subsistence allowances, mileage, or associated expenses in accordance with state travel policies and procedures which shall be allocated by ADECA. Officials or other state employees who are appointed or designated to ADAPT shall be allowed to participate in ADAPT as part of their duties and may claim per diem, mileage, or associated expenses as allowed by law.
(f) If ADAPT determines that the severity of the conditions in a drought area of the state or the whole state have progressed to the extent that the safety or health of the citizens of an area of the state or of the whole state is threatened, ADAPT shall expeditiously report those conditions to the Governor. In coordination with the AEMA, ADAPT shall also present to the Governor a priority list of recommended actions designed to mitigate the effects of drought conditions. Preservation of drinking water for citizens and water for human health and safety shall be the first priority.
(Act 2014-400, p. 1466, §4.)
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https://law.justia.com/codes/alabama/title-9/chapter-10c/section-9-10c-5/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10C - Alabama Drought Planning and Response Act.›Section 9-10C-5 - State Climatologist to Provide Input Regarding Drought Conditions.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10C - Alabama Drought Planning and Response Act. › Section 9-10C-5 - State Climatologist to Provide Input Regarding Drought Conditions.
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Section 9-10C-5
State Climatologist to provide input regarding drought conditions.
The State Climatologist, in coordination with the Office of Water Resources, shall be responsible for providing an input to the drought monitor concerning drought conditions in this state. The input shall be consistent with any drought declarations issued by the Office of Water Resources. The state drought plan shall include provisions for this coordination process.
(Act 2014-400, p. 1466, §5.)
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https://law.justia.com/codes/alabama/title-9/chapter-10c/section-9-10c-6/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10C - Alabama Drought Planning and Response Act.›Section 9-10C-6 - Drought Conservation Plans.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10C - Alabama Drought Planning and Response Act. › Section 9-10C-6 - Drought Conservation Plans.
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Section 9-10C-6
Drought conservation plans.
Each community public water system shall develop a drought conservation plan which addresses graduated drought response procedures with implementation of specific measures based on drought severity. The drought conservation plan may be a separate plan or a component of a broader emergency action plan. The procedures or plans shall include appropriate enforcement mechanisms. Copies of all plans shall be submitted to the Office of Water Resources, and it shall provide copies of the plan to ADEM upon its request.
(Act 2014-400, p. 1466, §6.)
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https://law.justia.com/codes/alabama/title-9/chapter-10c/section-9-10c-7/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10C - Alabama Drought Planning and Response Act.›Section 9-10C-7 - Restrictions or Reductions in Water Use; Clearinghouse for Drought-Related Informa...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10C - Alabama Drought Planning and Response Act. › Section 9-10C-7 - Restrictions or Reductions in Water Use; Clearinghouse for Drought-Related Information.
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Section 9-10C-7
Restrictions or reductions in water use; clearinghouse for drought-related information.
If a community public water system implements voluntary or mandatory restrictions or reductions in water use, the system shall report these actions to the Office of Water Resources. The Office of Water Resources shall also have the authority to require the reporting of other information, such as the status of local water supplies and sources. The Office of Water Resources shall maintain an information clearinghouse for this and other drought-related information and make the information available via the Internet or other appropriate means.
(Act 2014-400, p. 1466, §7.)
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https://law.justia.com/codes/alabama/title-9/chapter-10c/section-9-10c-8/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10C - Alabama Drought Planning and Response Act.›Section 9-10C-8 - Drought Declarations.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10C - Alabama Drought Planning and Response Act. › Section 9-10C-8 - Drought Declarations.
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Section 9-10C-8
Drought declarations.
The Office of Water Resources, with the advice and input from ADAPT, shall have the authority to issue drought declarations. These drought declarations shall provide information on where drought conditions are affecting this state, and the severity of those conditions. The drought declaration shall be based on a number of factors including, but not limited to, meteorological conditions, stream flow levels, reservoir elevations, soil moisture conditions, ground water levels, weather forecasts, as well as impacts to agriculture, water supplies, industry, recreation, and fish and wildlife habitats.
(Act 2014-400, p. 1466, §8.)
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https://law.justia.com/codes/alabama/title-9/chapter-10c/section-9-10c-9/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10C - Alabama Drought Planning and Response Act.›Section 9-10C-9 - State of Emergency.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10C - Alabama Drought Planning and Response Act. › Section 9-10C-9 - State of Emergency.
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Section 9-10C-9
State of emergency.
Pursuant to the Governor's emergency powers, other powers granted by law, and this chapter he or she may issue a state of emergency and exercise the rights, powers, privileges, immunities, and responsibilities provided by the Alabama Emergency Management Act of 1955, commencing with Section 31-9-1. A declared state of emergency related to the drought conditions may also include executive orders to require restrictions or reductions of water withdrawals, allocating water on an equitable basis, or both. Any executive order restricting or reducing water withdrawals will specify the specific geographic area involved, conditions of the restriction, and the amount of the withdrawal reductions. These emergency executive orders may continue so long as conditions giving rise to the declaration of a drought emergency continue to threaten public health or safety.
(Act 2014-400, p. 1466, §9.)
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https://law.justia.com/codes/alabama/title-9/chapter-10c/section-9-10c-10/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10C - Alabama Drought Planning and Response Act.›Section 9-10C-10 - Rulemaking Authority.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10C - Alabama Drought Planning and Response Act. › Section 9-10C-10 - Rulemaking Authority.
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Section 9-10C-10
Rulemaking authority.
The Office of Water Resources may promulgate and adopt rules consistent with the objectives of this chapter.
(Act 2014-400, p. 1466, §10.)
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https://law.justia.com/codes/alabama/title-9/chapter-11/article-1/section-9-11-1/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 11 - Fish, Game and Wildlife.›Article 1 - General Provisions.›Section 9-11-1 - Definitions.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 1 - General Provisions. › Section 9-11-1 - Definitions.
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Section 9-11-1
Definitions.
As used in this chapter, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) HEREIN, HEREAFTER and HEREOF. Unless otherwise especially restricted or enlarged, the terms refer to the whole of the conservation laws of this state.
(2) OFFICER. The term includes every person authorized to enforce the game and fish laws of this state, and whenever the possession, use, importation, transportation, storage, sale, offering, or exposing for sale of game birds, animals, or fish is prohibited or restricted, the prohibition or restriction shall extend to and include every part of the game, bird, animal, or fish, and a violation as to each animal, bird, or fish, or part thereof, shall be a separate offense.
(3) THIS CHAPTER or PROVISIONS OF THIS CHAPTER. The words shall be taken and construed to include all rules and regulations of the Commissioner of Conservation and Natural Resources passed under and by the authority provided in the game and fish laws of this state.
(4) WARDEN. The game and fish warden or agent provided for in the game and fish laws of this state.
(Acts 1935, No. 240, p. 632, §46; Code 1940, T. 8, §45; Act 2018-201, §1.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 11 - Fish, Game and Wildlife.›Article 1 - General Provisions.›Section 9-11-2 - Acquisition of Lands for State Game Lands; Erection, etc., of Buildings for Propaga...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 1 - General Provisions. › Section 9-11-2 - Acquisition of Lands for State Game Lands; Erection, etc., of Buildings for Propagation of Game, Birds or Fish.
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Section 9-11-2
Acquisition of lands for state game lands; erection, etc., of buildings for propagation of game, birds or fish.
The Commissioner of Conservation and Natural Resources may with the consent and approval of the Governor by lease, gift or otherwise acquire title to or control over lands within the state suitable for protection and propagation of game and fish or for public hunting and fishing purposes or to be used otherwise as provided in this chapter, to be known as state game lands. The director may purchase, erect and equip such buildings as may be deemed necessary for propagating game, birds or fish; provided, however, that all purchases made under the powers conferred in this section shall be subject to the provisions of Chapters 4 and 5 of Title 41.
(Acts 1935, No. 240, p. 632, §24; Code 1940, T. 8, §25.)
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https://law.justia.com/codes/alabama/title-9/chapter-11/article-1/section-9-11-2-1/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 11 - Fish, Game and Wildlife.›Article 1 - General Provisions.›Section 9-11-2.1 - Closing of Existing Hunting Lands; Replacement Acreage; Annual Reports.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 1 - General Provisions. › Section 9-11-2.1 - Closing of Existing Hunting Lands; Replacement Acreage; Annual Reports.
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Section 9-11-2.1
Closing of existing hunting lands; replacement acreage; annual reports.
(a) For the purposes of this section, the following terms shall have the following meanings:
(1) DEPARTMENT. The Alabama Department of Conservation and Natural Resources.
(2) DEPARTMENT-MANAGED LANDS. Privately owned lands that are leased or managed by the department.
(3) DEPARTMENT-OWNED LANDS. Lands owned by the department and lands owned by the state over which the department holds management authority.
(4) HUNTING. The lawful pursuit, trapping, shooting, capture, collection, or killing of wildlife or the lawful attempt to pursue, trap, shoot, capture, collect, or kill wildlife.
(b) Department-owned lands and department-managed lands shall be open to access and use for hunting except as limited by the department for reasons of demonstrable public safety, fish or wildlife management, homeland security, or as otherwise limited by law.
(c) The department, in exercising its authority pursuant to state law, shall exercise its authority, consistent with this section in a manner that supports, promotes, and enhances hunting opportunities to the extent authorized by state law.
(d) Department land management decisions and actions shall not result in any net loss of habitat land acreage available for hunting opportunities on department-owned lands that exist on March 22, 2010. The department shall expeditiously find replacement acreage for hunting to compensate for closures of any existing hunting land. Replacement land, to the greatest extent possible, shall be located within the same administrative region of the department and shall be consistent with the hunting discipline that the department allowed on the closed land.
(e) Any state agency or water management district that owns or manages lands shall assist, coordinate, and cooperate with the department to allow hunting on the lands if the lands are determined by the department to be suitable for hunting. To ensure no net loss of land acreage available for hunting, state agencies and water management districts shall cooperate with the department to open new, additional hunting lands to replace lost hunting acreage. Lands officially designated as units within the state park system may not be considered for replacement hunting lands and may only be opened for hunting when necessary as a wildlife control or management tool as determined by the Division of State Parks of the department.
(f) By October 1 of each year, the division director of the Division of Wildlife and Freshwater Fisheries of the department shall submit to the Legislature a written report describing all of the following:
(1) The acreage owned or managed by the department that was closed to hunting during the previous fiscal year and the reasons for the closures.
(2) The acreage owned or managed by the department that was opened to hunting to compensate for closures of existing land pursuant to this section.
(g) By October 1 of each year, any state agency or water management district that owns or manages lands shall submit a written report to the department and the Legislature describing all of the following:
(1) A list of properties that were open for hunting during the previous fiscal year.
(2) A list of properties that were not open for hunting during the previous fiscal year.
(3) The acreage for each property and the county where each property is located, except for right-of-way lands and parcels under 50 acres.
(Act 2010-213, p. 349, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-11/article-1/section-9-11-3/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 11 - Fish, Game and Wildlife.›Article 1 - General Provisions.›Section 9-11-3 - Title and Deeds to Acquired Lands; Supervision of Same.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 1 - General Provisions. › Section 9-11-3 - Title and Deeds to Acquired Lands; Supervision of Same.
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Section 9-11-3
Title and deeds to acquired lands; supervision of same.
The title to any land acquired by gift or otherwise shall first be approved by the Attorney General, and such title shall vest in the state. The deed to any such lands shall be recorded in the county where such land lies and shall be deposited with the Commissioner of Conservation and Natural Resources. The supervision of and over such lands shall be under the control of the Commissioner of Conservation and Natural Resources.
(Acts 1935, No. 240, p. 632, §25; Code 1940, T. 8, §26.)
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https://law.justia.com/codes/alabama/title-9/chapter-11/article-1/section-9-11-4/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 11 - Fish, Game and Wildlife.›Article 1 - General Provisions.›Section 9-11-4 - State Game Refuges or Sanctuaries; Shooting Preserves, Game Refuges, etc., in Natio...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 1 - General Provisions. › Section 9-11-4 - State Game Refuges or Sanctuaries; Shooting Preserves, Game Refuges, etc., in National Forests, Etc.
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Section 9-11-4
State game refuges or sanctuaries; shooting preserves, game refuges, etc., in national forests, etc.
The Commissioner of Conservation and Natural Resources may on approval of the Governor establish and maintain state game refuges or sanctuaries for the protection, preservation or propagation of game birds, animals or fish on all or any portion of lands or waters held in fee or trust under lease by the state, and game birds, animals or fish shall not be hunted, pursued, disturbed or molested thereon at any time. The Commissioner of Conservation and Natural Resources may also, by and with the consent of the federal authorities, maintain, develop and cause to be utilized for hunting state shooting preserves, game refuges and sanctuaries in national forests or other federal owned lands.
(Acts 1935, No. 240, p. 632, §26; Code 1940, T. 8, §27.)
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https://law.justia.com/codes/alabama/title-9/chapter-11/article-1/section-9-11-5/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 11 - Fish, Game and Wildlife.›Article 1 - General Provisions.›Section 9-11-5 - Commissioner, Wardens, etc., Constituted Peace Officers.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 1 - General Provisions. › Section 9-11-5 - Commissioner, Wardens, etc., Constituted Peace Officers.
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Section 9-11-5
Commissioner, wardens, etc., constituted peace officers.
The Commissioner of Conservation and Natural Resources, his wardens, agents and employees shall be and are hereby constituted peace officers of the State of Alabama with full and unlimited police power and jurisdiction to enforce the provisions of the game and fish laws and the rules and regulations promulgated thereunder, and they may exercise such power in any county of the State of Alabama or in or on any waters of the State of Alabama or within the territorial jurisdiction of the state.
(Acts 1935, No. 240, p. 632, §47; Code 1940, T. 8, §46.)
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https://law.justia.com/codes/alabama/title-9/chapter-11/article-1/section-9-11-6/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 11 - Fish, Game and Wildlife.›Article 1 - General Provisions.›Section 9-11-6 - Violations of Fish and Game Laws - Jurisdiction; Reporting of Convictions and Dispo...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 1 - General Provisions. › Section 9-11-6 - Violations of Fish and Game Laws - Jurisdiction; Reporting of Convictions and Disposition of Fines.
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Section 9-11-6
Violations of fish and game laws - Jurisdiction; reporting of convictions and disposition of fines.
The district courts of Alabama shall be and are hereby given final jurisdiction to try and convict persons, firms or corporations violating any of the provisions of the game and fish laws or the rules and regulations promulgated thereunder, and they shall remit to the Commissioner of Conservation and Natural Resources on or before the first day of each month all fines and forfeitures collected by them for the violation of such laws, rules and regulations as prescribed in the game and fish laws, together with a statement of the name of the person, firm or corporation convicted of such violation, the time of such conviction, the amount of the fine or penalty, the date of the remittance and the specific charge for which the defendant was tried.
(Acts 1935, No. 240, p. 632, §48; Code 1940, T. 8, §47.)
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https://law.justia.com/codes/alabama/title-9/chapter-11/article-1/section-9-11-7/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 11 - Fish, Game and Wildlife.›Article 1 - General Provisions.›Section 9-11-7 - Violations of Fish and Game Laws - District Attorneys to Prosecute; District Attorn...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 1 - General Provisions. › Section 9-11-7 - Violations of Fish and Game Laws - District Attorneys to Prosecute; District Attorney's Fee.
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Section 9-11-7
Violations of fish and game laws - District attorneys to prosecute; district attorney's fee.
The district attorney of any county in which any violation of the provisions of the game and fish laws or the rules and regulations set out therein occurs, or his or her assistant, shall appear on behalf of the state and prosecute the offender. The district attorney's fee shall be taxed against the defendant in any district court in the same manner as taxed in other cases involving criminal violations in the district court.
(Acts 1935, No. 240, p. 632, § 51; Code 1940, T. 8, §50; Acts 1945, No. 449, p. 687, §1; Acts 1995, No. 95-544, p. 1142, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-11/article-1/section-9-11-8/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 11 - Fish, Game and Wildlife.›Article 1 - General Provisions.›Section 9-11-8 - Violations of Fish and Game Laws - Authority of Enforcement Officers, etc., General...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 1 - General Provisions. › Section 9-11-8 - Violations of Fish and Game Laws - Authority of Enforcement Officers, etc., Generally; Arrest Without Warrant.
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Section 9-11-8
Violations of fish and game laws - Authority of enforcement officers, etc., generally; arrest without warrant.
All enforcement officers and inspectors employed by the Commissioner of Conservation and Natural Resources are clothed with the power and authority of deputy sheriffs and shall arrest without warrant and carry before the district court of the county in which an offense is committed any person violating any of the provisions of the game and fish laws or the rules and regulations made and promulgated thereunder.
(Acts 1935, No. 240, p. 632, § 52; Code 1940, T. 8, §51.)
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https://law.justia.com/codes/alabama/title-9/chapter-11/article-1/section-9-11-9/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 11 - Fish, Game and Wildlife.›Article 1 - General Provisions.›Section 9-11-9 - Violations of Fish and Game Laws - Service and Return of Warrant as to Firms or Cor...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 1 - General Provisions. › Section 9-11-9 - Violations of Fish and Game Laws - Service and Return of Warrant as to Firms or Corporations.
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Section 9-11-9
Violations of fish and game laws - Service and return of warrant as to firms or corporations.
In cases of violation of any of the provisions of the game and fish laws or the rules and regulations based thereunder by any person, firm or corporation, the warrant of arrest may be read to the president, secretary or manager of such firm or corporation in this state or to any general or local agent thereof in any county where the action or indictment is pending; and, upon the return of such warrant so served, the corporation shall be deemed in court and subject to jurisdiction thereof, and any fine imposed may be collected by execution against the property of said corporation; provided, however, that this section shall not be so construed as to except or exempt from prosecution any agent or employee of such corporation.
(Acts 1935, No. 240, p. 632, § 53; Code 1940, T. 8, §52.)
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https://law.justia.com/codes/alabama/title-9/chapter-11/article-1/section-9-11-10/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 11 - Fish, Game and Wildlife.›Article 1 - General Provisions.›Section 9-11-10 - Violations of Fish and Game Laws - Clerks to Report Results of Prosecutions.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 1 - General Provisions. › Section 9-11-10 - Violations of Fish and Game Laws - Clerks to Report Results of Prosecutions.
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Section 9-11-10
Violations of fish and game laws - Clerks to report results of prosecutions.
Every court or clerk of any court before whom any prosecution under the provisions of the game and fish laws is had shall, on or before the first of the month following after trial or dismissal thereof, report in writing to the Commissioner of Conservation and Natural Resources the result thereof and the amount of the fine collected, if any, and the disposition of same.
(Acts 1935, No. 240, p. 632, § 54; Code 1940, T. 8, §53.)
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https://law.justia.com/codes/alabama/title-9/chapter-11/article-1/section-9-11-11/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 11 - Fish, Game and Wildlife.›Article 1 - General Provisions.›Section 9-11-11 - Violations of Fish and Game Laws - Charging of Several Offenses.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 1 - General Provisions. › Section 9-11-11 - Violations of Fish and Game Laws - Charging of Several Offenses.
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Section 9-11-11
Violations of fish and game laws - Charging of several offenses.
Two or more offenses may be charged in the same affidavit, complaint or indictment, and proof as to a part of a game bird, animal or fish shall be sufficient to sustain a charge as to the whole of it; and the violation as to any number of animals, birds or fish of the same kind may be charged in the same count and punished as separate offenses as to each game bird, animal or fish.
(Acts 1935, No. 240, p. 632, §55; Code 1940, T. 8, §54.)
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https://law.justia.com/codes/alabama/title-9/chapter-11/article-1/section-9-11-12/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 11 - Fish, Game and Wildlife.›Article 1 - General Provisions.›Section 9-11-12 - Violations of Fish and Game Laws - Fees of Arresting Officers.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 1 - General Provisions. › Section 9-11-12 - Violations of Fish and Game Laws - Fees of Arresting Officers.
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Section 9-11-12
Violations of fish and game laws - Fees of arresting officers.
When an arrest for a violation of the provisions of the game and fish laws is made by a salaried officer and the defendant is convicted, there shall be taxed, as cost, the same fee as a sheriff in the state is entitled to for similar services and which, if collected from the defendant, shall be immediately remitted by the trial court directly to the Commissioner of Conservation and Natural Resources, and said fee shall be used for the purpose of the administration of the Division of Wildlife and Freshwater Fisheries of the Department of Conservation and Natural Resources. If the arrest is made by a nonsalaried warden or officer and said fee is collected from the defendant, such nonsalaried warden or officer shall be entitled to said fee, but in no case shall such nonsalaried warden or officer be entitled to any part of a fine assessed and collected from the defendant; provided, however, that no fees shall be allowed in cases of acquittal.
(Acts 1935, No. 240, p. 632, §56; Code 1940, T. 8, §55; Acts 1945, No. 296, p. 493, §1; Acts 1959, No. 417, p. 1106, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-11/article-1/section-9-11-13/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 11 - Fish, Game and Wildlife.›Article 1 - General Provisions.›Section 9-11-13 - Violations of Fish and Game Laws - Style of Proceedings.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 1 - General Provisions. › Section 9-11-13 - Violations of Fish and Game Laws - Style of Proceedings.
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Section 9-11-13
Violations of fish and game laws - Style of proceedings.
The proceedings before the district court must be prosecuted in the name of the State of Alabama.
(Acts 1935, No. 240, p. 632, §49; Code 1940, T. 8, §48.)
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https://law.justia.com/codes/alabama/title-9/chapter-11/article-1/section-9-11-14/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 11 - Fish, Game and Wildlife.›Article 1 - General Provisions.›Section 9-11-14 - Violations of Fish and Game Laws - Procedure on Appeal.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 1 - General Provisions. › Section 9-11-14 - Violations of Fish and Game Laws - Procedure on Appeal.
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Section 9-11-14
Violations of fish and game laws - Procedure on appeal.
Appeals from the district court to the circuit court shall be governed by the procedure set forth in Chapter 12 of Title 12 of this code.
(Acts 1935, No. 240, p. 632; Code 1940, T. 8, §56.)
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https://law.justia.com/codes/alabama/title-9/chapter-11/article-1/section-9-11-15/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 11 - Fish, Game and Wildlife.›Article 1 - General Provisions.›Section 9-11-15 - Violations of Fish and Game Laws - Judgment on Appeal.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 1 - General Provisions. › Section 9-11-15 - Violations of Fish and Game Laws - Judgment on Appeal.
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Section 9-11-15
Violations of fish and game laws - Judgment on appeal.
If the judgment is affirmed on appeal, judgment shall be entered against the defendant for the total amount of the fine, together with all the accrued costs in the case.
(Acts 1935, No. 240, p. 632, §50; Code 1940, T. 8, §49.)
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https://law.justia.com/codes/alabama/title-9/chapter-11/article-1/section-9-11-16/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 11 - Fish, Game and Wildlife.›Article 1 - General Provisions.›Section 9-11-16 - Seizure, Forfeiture and Disposal of Prohibited Devices, etc., Used in Catching, Ki...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 1 - General Provisions. › Section 9-11-16 - Seizure, Forfeiture and Disposal of Prohibited Devices, etc., Used in Catching, Killing, etc., Fish or Fur-Bearing Animals.
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Section 9-11-16
Seizure, forfeiture and disposal of prohibited devices, etc., used in catching, killing, etc., fish or fur-bearing animals.
(a) It shall be the duty of the Commissioner of Conservation and Natural Resources or any of his wardens or agents to seize all instruments or devices prohibited by or constructed contrary to law and used unlawfully in trapping, capturing and killing fur-bearing animals in this state, as well as all instruments or devices prohibited by or constructed contrary to law and used unlawfully in taking, catching or killing fish in the public streams or waters of this state and after such seizure to hold the same for evidence.
(b) In all cases of arrests and convictions for the use of such unlawful or illegal instruments or devices, such instruments or devices are declared to be a nuisance and shall be carried before the court having jurisdiction of such offense, and said court shall order such instruments or devices forfeited to the Department of Conservation and Natural Resources immediately after trial and conviction of the person in whose possession such devices or instruments were found. When any illegal instrument or device prohibited by this section is found and the owner of same shall not be known to the officer finding same, such officer shall procure from the judge of any court having jurisdiction an order forfeiting said instrument or device to the Department of Conservation and Natural Resources.
(c) The Department of Conservation and Natural Resources may destroy such instrument or device or may otherwise dispose of the same as it shall deem advisable.
(Acts 1933, Ex. Sess., No. 72, p. 67, § 9; Code 1940, T. 8, §76; Acts 1947, No. 610, p. 458, § 1.)
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https://law.justia.com/codes/alabama/title-9/chapter-11/article-1/section-9-11-17/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 11 - Fish, Game and Wildlife.›Article 1 - General Provisions.›Section 9-11-17 - Deputy Game and Fish Wardens; Appointment; Duties; Authority; Revocation of Appoin...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 1 - General Provisions. › Section 9-11-17 - Deputy Game and Fish Wardens; Appointment; Duties; Authority; Revocation of Appointment; Compensation and Status.
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Section 9-11-17
Deputy game and fish wardens; appointment; duties; authority; revocation of appointment; compensation and status.
REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-201 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(Acts 1935, No. 240, p. 632, § 61; Code 1940, T. 8, §57; Acts 1981, No. 81-710, p. 1194, § 1.)
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https://law.justia.com/codes/alabama/title-9/chapter-11/article-1/section-9-11-18/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 11 - Fish, Game and Wildlife.›Article 1 - General Provisions.›Section 9-11-18 - Furnishing of Equipment for Game and Fish Wardens.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 1 - General Provisions. › Section 9-11-18 - Furnishing of Equipment for Game and Fish Wardens.
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Section 9-11-18
Furnishing of equipment for game and fish wardens.
Game and fish wardens may be furnished with necessary skiffs, outboard motors and other equipment necessary in the performance of their duties as such game and fish wardens, said equipment to be furnished by the director and paid out of the conservation fund; provided, that no equipment shall be furnished by the director to wardens appointed for privately owned preserves and refuges; provided further, that the purchase of such equipment shall be made in compliance with the provisions of Chapters 4 and 5 of Title 41.
(Acts 1935, No. 240, p. 632, §62; Code 1940, T. 8, §58.)
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https://law.justia.com/codes/alabama/title-9/chapter-11/article-1/section-9-11-19/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 11 - Fish, Game and Wildlife.›Article 1 - General Provisions.›Section 9-11-19 - Assent to Federal Act Relating to Fish Restoration and Management Projects; Dispos...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 1 - General Provisions. › Section 9-11-19 - Assent to Federal Act Relating to Fish Restoration and Management Projects; Disposition of Fishing License Fees Generally.
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Section 9-11-19
Assent to federal act relating to fish restoration and management projects; disposition of fishing license fees generally.
The State of Alabama hereby assents to the provisions of the act of Congress entitled "An act to provide that the United States shall aid the states in fish restoration and management projects, and for other purposes," approved August 9, 1950 (Public Law 681, 81st Congress), and the Department of Conservation and Natural Resources of the State of Alabama is hereby authorized, empowered and directed to perform such acts as may be necessary to the conduct and establishment of cooperative fish restoration projects, as defined in said act of Congress, in compliance with said act and rules and regulations promulgated by the secretary of the appropriate federal agency thereunder; and no funds accruing to the State of Alabama from license fees paid by fishermen shall be diverted for any other purpose than the administration of the game and fish activities of the Department of Conservation and Natural Resources and for the protection, propagation, preservation and investigation of fish and game.
(Acts 1951, No. 523, p. 913, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-11/article-1/section-9-11-20/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 11 - Fish, Game and Wildlife.›Article 1 - General Provisions.›Section 9-11-20 - Release of Turkeys Into Wild Areas of State Prohibited; Exceptions; Penalty.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 1 - General Provisions. › Section 9-11-20 - Release of Turkeys Into Wild Areas of State Prohibited; Exceptions; Penalty.
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Section 9-11-20
Release of turkeys into wild areas of state prohibited; exceptions; penalty.
(a) It shall be unlawful to release any tame turkey, or any other turkey, whether wild or tame, into any of the wild areas of this state.
(b) The provisions of this section shall not apply to any turkeys kept by any farmer or homeowner of this state for normal agricultural purposes or for personal consumption.
(c) Nothing in this section is intended to prohibit the stocking of wild turkeys by authorized personnel of the Department of Conservation and Natural Resources for propagation or research purposes.
(d) Any person who shall be convicted of violating any provision of this section shall be deemed guilty of a "violation" under the criminal code of this state and shall be punished as provided for in said code.
(Acts 1980, No. 80-601, p. 1019, §§1-4.)
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https://law.justia.com/codes/alabama/title-9/chapter-11/article-1/section-9-11-21/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 11 - Fish, Game and Wildlife.›Article 1 - General Provisions.›Section 9-11-21 - Investigation of Hunting Deaths by Grand Jury; Reporting of Such Accidents.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 1 - General Provisions. › Section 9-11-21 - Investigation of Hunting Deaths by Grand Jury; Reporting of Such Accidents.
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Section 9-11-21
Investigation of hunting deaths by grand jury; reporting of such accidents.
(a) Any hunting accident involving a gun or bow and arrow when such accident results in death and when such death is caused by one person against another, upon the recommendation of the conservation department, shall be investigated by the grand jury of the county in which said death occurs.
(b) All accidents referred to in subsection (a) of this section shall be reported by the law enforcement agency chiefly involved in the investigation of said death to the office of the Director of the Division of Wildlife and Freshwater Fisheries of the Department of Conservation and Natural Resources within 72 hours of said death, by the coroner and the sheriff's department of the county in which the death occurred.
(Acts 1987, No. 87-730, p. 1423, §§1, 2.)
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https://law.justia.com/codes/alabama/title-9/chapter-11/article-1/section-9-11-22/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 11 - Fish, Game and Wildlife.›Article 1 - General Provisions.›Section 9-11-22 - Commercial Fishing Equipment Required to Be Affixed With Tags; Identifying Informa...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 1 - General Provisions. › Section 9-11-22 - Commercial Fishing Equipment Required to Be Affixed With Tags; Identifying Information.
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Section 9-11-22
Commercial fishing equipment required to be affixed with tags; identifying information.
(a) Notwithstanding any other provision of law, all commercial fishing equipment used in the waters of this state shall be affixed with a tag which has information adequate to identify the commercial fisherman owning the equipment imprinted on the tag. The Commissioner of Conservation and Natural Resources shall adopt rules requiring the use of a unique identification number or license number to identify the owner of commercial fishing equipment without requiring the disclosure of the owner's Social Security number, home address, or other sensitive personally identifying information.
(b) A violation of this section shall be a Class B misdemeanor.
(Acts 1995, No. 95-214, p. 351, §1; Act 2019-308, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-11/article-1/section-9-11-23/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 11 - Fish, Game and Wildlife.›Article 1 - General Provisions.›Section 9-11-23 - Alabama Marine Resources Endowment Fund.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 1 - General Provisions. › Section 9-11-23 - Alabama Marine Resources Endowment Fund.
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Section 9-11-23
Alabama Marine Resources Endowment Fund.
(a) There is created within the Marine Resources Fund, a special account to be known as the Alabama Marine Resources Endowment Fund. The assets of the fund shall consist of all of the following:
(1) The proceeds from the sale of the lifetime resident saltwater fishing license and two hundred fifty dollars ($250) of the proceeds from the sale of the combination lifetime freshwater and saltwater fishing, combination lifetime saltwater fishing and hunting, and combination lifetime freshwater and saltwater fishing and hunting licenses, provided in subsections (a), (b), (c), and (d) of Section 9-11-65.2.
(2) The proceeds of any gifts, grants, and contributions to the state which are specifically designated for inclusion in the fund.
(3) Any other sources as may be specified by law.
(b) The fund shall be administered by the Alabama Marine Resources Endowment Fund Board of Trustees, which shall consist of the Director of Finance, the Secretary Treasurer of the State Employees' Retirement System, and the Commissioner of the Department of Conservation and Natural Resources. The board of trustees shall have the power and authority to invest and reinvest the assets of the fund within the guidelines, limitations, and restrictions that govern investment of the State Employees' Retirement Fund.
(c) The Alabama Marine Resources Endowment Fund is declared to be a special trust derived from a contractual relationship between the state and the members of the public whose license fees or other contributions accrue to the fund. The following limitations and restrictions are placed on expenditures from the fund:
(1) Any limitations or restrictions specified by donors on the uses of the income derived from gifts, grants, and voluntary contributions shall be respected, but shall not be binding.
(2) Expenditures or disbursements shall not be made from the principal of the fund except as otherwise provided by law.
(d) The income derived annually from the Alabama Marine Resources Endowment Fund shall be credited to the Marine Resources Fund regular accounts and expended as provided by law.
(Act 99-660, 2nd Sp. Sess., p. 117, §3.)
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https://law.justia.com/codes/alabama/title-9/chapter-11/article-1/section-9-11-24/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 11 - Fish, Game and Wildlife.›Article 1 - General Provisions.›Section 9-11-24 - Violation of Fish and Game Laws - Assessment of Court Costs.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 1 - General Provisions. › Section 9-11-24 - Violation of Fish and Game Laws - Assessment of Court Costs.
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Section 9-11-24
Violation of fish and game laws - Assessment of court costs.
(a) Except as otherwise provided in subsections (b) and (c), the total court costs assessed against a defendant convicted of a game and fish violation pursuant to this chapter shall not exceed the amount of any fine assessed against the defendant.
(b) This section shall not apply to a conviction for hunting at night in violation of Section 9-11-235, or for hunting on the lands of another without permission pursuant to Section 9-11-241.
(c) This section shall not apply to or take into account any court costs specifically levied by constitutional amendment or to any court costs which are specifically pledged to the repayment of a bond issue.
(d) Any court cost reduction provided by this section shall be remitted on a proportional basis in the same manner as total court costs otherwise provided except for court costs excepted pursuant to subsection (c) which shall be remitted in full as otherwise provided.
(Act 2000-746, p. 1667, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-11/article-1/section-9-11-25/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 11 - Fish, Game and Wildlife.›Article 1 - General Provisions.›Section 9-11-25 - Licenses and Permits Not Transferable; Penalties.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 1 - General Provisions. › Section 9-11-25 - Licenses and Permits Not Transferable; Penalties.
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Section 9-11-25
Licenses and permits not transferable; penalties.
(a) Licenses and permits issued by the Department of Conservation and Natural Resources pursuant to this chapter are not transferable, and it is unlawful for any person to borrow, lend, or alter the licenses or permits or for any issuing officer to backdate any license or permit.
(b) A person who violates this section shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than fifty dollars ($50) nor more than two hundred fifty dollars ($250).
(Act 2004-449, p. 794, §2.)
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https://law.justia.com/codes/alabama/title-9/chapter-11/article-1/section-9-11-26/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 11 - Fish, Game and Wildlife.›Article 1 - General Provisions.›Section 9-11-26 - Penalty for Offering to Sell Shellfish, Wild Fish, or Farm-Raised Fish Processed W...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 1 - General Provisions. › Section 9-11-26 - Penalty for Offering to Sell Shellfish, Wild Fish, or Farm-Raised Fish Processed With Certain Banned Drugs.
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Section 9-11-26
Penalty for offering to sell shellfish, wild fish, or farm-raised fish processed with certain banned drugs.
Any person, including a processor, distributor, retailer, or food service establishment, who knowingly offers for direct retail sale for human consumption any shellfish, wild fish, or farm-raised fish that has been processed with chloramphenicol, nitrofurans, or similar veterinary drugs, which are used in processing some imported seafood and banned by the United States Food and Drug Administration, shall be punished, on conviction, by a fine of not more than ten thousand dollars ($10,000) or a sentence of not more than one year, or both.
(Act 2004-526, p. 1104, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-11/article-2/section-9-11-30/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 11 - Fish, Game and Wildlife.›Article 2 - Hunting, Fishing and Trapping Licenses Generally.›Section 9-11-30 - Game Breeder's License - Issuance; Renewal; Expiration; Fees.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 2 - Hunting, Fishing and Trapping Licenses Generally. › Section 9-11-30 - Game Breeder's License - Issuance; Renewal; Expiration; Fees.
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Section 9-11-30
Game breeder's license - Issuance; renewal; expiration; fees.
(a) For the purposes of this section, Section 9-11-31, and Section 9-11-31.1, the term "protected game animals and game birds" means any species of bird or animal designated by the Commissioner of Conservation and Natural Resources by regulation pursuant to Section 9-2-7, species of the family Cervidae documented by the department to exist in the wild in this state prior to May 1, 2006, which are whitetail deer, elk, and fallow deer, or species of nonindigenous animals lawfully brought into this state prior to May 1, 2006, and their offspring.
(b)(1) Pursuant to the requirements and restrictions of subdivisions (2) and (3), the Commissioner of Conservation and Natural Resources shall issue an annual game breeder's license to any properly accredited person, firm, corporation, or association authorizing a game breeder to engage in the business of raising protected game birds, game animals, or fur-bearing animals, for propagating purposes in this state.
(2) Before a license is issued, the Commissioner of Conservation and Natural Resources shall make or cause to be made a thorough investigation and determine the qualifications, responsibility, and equipment of the applicant for entering upon the business of breeding, raising, and handling of game birds and game or fur-bearing animals.
(3) No license shall be issued or renewed for any person, firm, corporation, or association or any principal officer or partner in a firm, corporation, or association which is convicted of violating subsection (c) of Section 9-2-13 after May 1, 2006, or for the premises of any person, firm, corporation, or association whose license privileges are revoked after May 1, 2006.
(4) A game breeder's license shall expire on September 30 of the year in which issued, unless renewed, except that any license issued pursuant to this section between May 1, 2006, and September 30, 2006, shall expire on September 30, 2006.
(5) The commissioner shall promulgate rules for engaging in the business of breeding, raising, producing, and handling of protected game birds and game animals or fur-bearing animals or their eggs, embryos, or semen.
(c)(1) The fees for issuance of licenses pursuant to this section shall be two hundred fifty dollars ($250) for all species, except members of the family Cervidae.
(2) The license fee for breeding members of the family Cervidae shall be two hundred fifty dollars ($250) for the first 50 animals, five hundred dollars ($500) for 51 to 100 animals, and one thousand dollars ($1,000) for any number of animals in excess of 100.
(3) License fees under this section shall be based on the number of animals on hand as of the immediately preceding April 1 of each year.
(Acts 1935, No. 240, p. 632, §21; Code 1940, T. 8, §23; Act 2006-109, p. 159, §7; Act 2018-162, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-11/article-2/section-9-11-31/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 11 - Fish, Game and Wildlife.›Article 2 - Hunting, Fishing and Trapping Licenses Generally.›Section 9-11-31 - Game Breeder's License - Sales by Licensee; Nonindigenous Game Breeder Option.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 2 - Hunting, Fishing and Trapping Licenses Generally. › Section 9-11-31 - Game Breeder's License - Sales by Licensee; Nonindigenous Game Breeder Option.
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Section 9-11-31
Game breeder's license - Sales by licensee; nonindigenous game breeder option.
(a) Any person, firm, corporation, or association holding a game breeder's license as provided in Section 9-11-30 may sell live protected game animals and game birds, or the eggs, embryos, or semen of the birds and animals for propagating purposes to any person within or without this state. The purchaser or purchasers of protected game animals or game birds, or eggs, embryos, or semen of the birds or animals, shall be reported to the Commissioner of Conservation and Natural Resources before the sale or shipment of same. The serial number of the license of the game breeder making the sale or shipment shall appear or be attached in a conspicuous place on the crate or other container in which the game animals or game birds, or eggs, embryos, or semen of the birds or animals are being shipped. The Commissioner of Conservation and Natural Resources may cancel or declare void any game breeder's license when it is not being used in strict compliance with this section and Section 9-11-30. Notwithstanding anything to the contrary herein, licensees under Section 9-11-342 shall not be required to obtain the license provided for in this section in order to engage in those activities licensed under Section 9-11-342.
(b) Notwithstanding anything to the contrary herein, any person, firm, corporation, or association who, prior to May 1, 2006, is in lawful possession of nonindigenous game animals in this state may certify that status in writing to the Commissioner of Conservation and Natural Resources for a period of six months from May 1, 2006, and may apply for an annual nonindigenous game breeder option to the game breeder license. This license shall cost an additional fifty dollars ($50) and shall run concurrently with the annual game breeder license. This license shall permit the holder thereof to engage in those activities permitted under the game breeder license for those nonindigenous animals which were lawfully in this state prior to May 1, 2006, or their offspring only. The holder of the license may only buy or sell these animals from or to other holders of the nonindigenous game breeder option license or sell to lawful buyers outside of this state. If an applicant for the nonindigenous game breeder option license restricts its activities to less than all of the possible permitted activities under the game breeder license, as long as the applicant meets the requirements for the restricted activities, the applicant may be licensed for the restricted activities only by obtaining the game breeder license and nonindigenous game breeder option on a restricted basis.
(Acts 1935, No. 240, p. 632, §22; Code 1940, T. 8, §24; Act 2006-109, p. 159, §7.)
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https://law.justia.com/codes/alabama/title-9/chapter-11/article-2/section-9-11-31-1/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 11 - Fish, Game and Wildlife.›Article 2 - Hunting, Fishing and Trapping Licenses Generally.›Section 9-11-31.1 - Game Breeder's License - Violations.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 2 - Hunting, Fishing and Trapping Licenses Generally. › Section 9-11-31.1 - Game Breeder's License - Violations.
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Section 9-11-31.1
Game breeder's license - Violations.
(a) Any person, firm, corporation, or association who knowingly violates Section 9-11-30 or 9-11-31, or any rules promulgated pursuant to Section 9-11-30 or 9-11-31, including, but not limited to, willfully failing to obtain a license or falsifying records, shall be guilty of a misdemeanor and, upon conviction, shall be fined no less than five hundred dollars ($500) nor more than two thousand dollars ($2,000) for each offense and in addition, may have all game breeder's license privileges revoked for a period of up to two years from the date of conviction.
(b) Any second offense within five years shall be punishable, upon conviction, by a fine of not less than one thousand dollars ($1,000) nor more than two thousand dollars ($2,000) for each offense and shall have all game breeder's license privileges revoked for a period of up to two years from the date of conviction.
(c) Any third or subsequent offense within five years shall be punishable, upon conviction, by a fine of not less than two thousand dollars ($2,000) for each offense and shall have all game breeder's license privileges revoked permanently and all stock be disposed of as directed by the Commissioner of Conservation and Natural Resources, and, in addition, the principal officers or partners of the firm, corporation, or association shall not be eligible for licensing pursuant to Section 9-11-30 or eligible to serve as an officer of any firm, corporation, or association licensed pursuant to Section 9-11-30.
(Act 2006-109, p. 159, §8; Act 2018-162, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-11/article-2/section-9-11-32/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 11 - Fish, Game and Wildlife.›Article 2 - Hunting, Fishing and Trapping Licenses Generally.›Section 9-11-32 - Duration and Scope of Licenses.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 2 - Hunting, Fishing and Trapping Licenses Generally. › Section 9-11-32 - Duration and Scope of Licenses.
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Section 9-11-32
Duration and scope of licenses.
Unless specifically provided otherwise by law, all annual wildlife heritage, hunting, and fishing licenses issued pursuant to this chapter shall be dated when issued and shall authorize the person named on the license to participate in the licensed activities from September 1 or the date of issuance to the next August 31, and then only within the regulations and restrictions provided by law.
(Acts 1935, No. 240, p. 632, §27; Code 1940, T. 8, §28; Acts 1989, No. 89-156, p. 138, §1; Acts 1994, No. 94-655, p. 1269, §1; Act 2000-742, p. 1647, §1; Act 2007-418, p. 874, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-11/article-2/section-9-11-33/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 11 - Fish, Game and Wildlife.›Article 2 - Hunting, Fishing and Trapping Licenses Generally.›Section 9-11-33 - Hunting and Fishing Licenses Generally - Numbering; Delivery of Blank Licenses to...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 2 - Hunting, Fishing and Trapping Licenses Generally. › Section 9-11-33 - Hunting and Fishing Licenses Generally - Numbering; Delivery of Blank Licenses to Issuing Authorities; Return of Unused Licenses and Stubs.
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Section 9-11-33
Hunting and fishing licenses generally - Numbering; delivery of blank licenses to issuing authorities; return of unused licenses and stubs.
All hunting and fishing licenses, both resident and nonresident, shall be numbered consecutively at the time they are printed. Blank licenses shall be furnished by the Department of Conservation and Natural Resources to the judges of probate of the several counties of the state or the license commissioner and to such other person or persons not residing at the county seat as may be designated by the Commissioner of Conservation and Natural Resources to issue hunting and fishing licenses, and the Commissioner of Conservation and Natural Resources shall deliver not less than 15 days before October 1 of each year to the judges of probate of this state and to such other person or persons so designated as many such licenses as may be required and shall charge with same all those to whom licenses have been so issued. On October 1 of each year or within 10 days thereafter each officer or person to whom licenses have been so issued shall return to the Commissioner of Conservation and Natural Resources all unused licenses and all stubs of licenses issued during the preceding fiscal year.
(Acts 1935, No. 240, p. 632, §28; Code 1940, T. 8, §29.)
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https://law.justia.com/codes/alabama/title-9/chapter-11/article-2/section-9-11-34/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 11 - Fish, Game and Wildlife.›Article 2 - Hunting, Fishing and Trapping Licenses Generally.›Section 9-11-34 - Hunting and Fishing Licenses Generally - License Cards.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 2 - Hunting, Fishing and Trapping Licenses Generally. › Section 9-11-34 - Hunting and Fishing Licenses Generally - License Cards.
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Section 9-11-34
Hunting and fishing licenses generally - License cards.
Repealed by Act 99-661, 2nd Sp. Sess., § 1, effective February 1, 2000.
(Acts 1935, No. 240, p. 632; Code 1940, T. 8, § 44.)
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https://law.justia.com/codes/alabama/title-9/chapter-11/article-2/section-9-11-35/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 11 - Fish, Game and Wildlife.›Article 2 - Hunting, Fishing and Trapping Licenses Generally.›Section 9-11-35 - Hunting or Fishing License Not Required of Member of Armed Forces During War.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 2 - Hunting, Fishing and Trapping Licenses Generally. › Section 9-11-35 - Hunting or Fishing License Not Required of Member of Armed Forces During War.
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Section 9-11-35
Hunting or fishing license not required of member of armed forces during war.
No person serving as a member of the Armed Forces of the United States of America shall be required to procure a hunting license or a fishing license to hunt or fish within the State of Alabama during any period of time in which the United States of America is engaged in a war.
(Acts 1945, No. 502, p. 727, § 1.)
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https://law.justia.com/codes/alabama/title-9/chapter-11/article-2/section-9-11-35-1/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 11 - Fish, Game and Wildlife.›Article 2 - Hunting, Fishing and Trapping Licenses Generally.›Section 9-11-35.1 - Licensing Exception for Residents on Active Military Duty.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 2 - Hunting, Fishing and Trapping Licenses Generally. › Section 9-11-35.1 - Licensing Exception for Residents on Active Military Duty.
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Section 9-11-35.1
Licensing exception for residents on active military duty.
A resident of this state on active military duty, who is in this state on leave and who has proof of that status in his or her possession, may hunt and fish without a license required by Sections 9-11-44, 9-11-53, or 9-11-53.1.
(Act 2004-449, p. 794, §3.)
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https://law.justia.com/codes/alabama/title-9/chapter-11/article-2/section-9-11-36/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 11 - Fish, Game and Wildlife.›Article 2 - Hunting, Fishing and Trapping Licenses Generally.›Section 9-11-36 - Issuance of Licenses Generally - Persons Authorized; Record.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 2 - Hunting, Fishing and Trapping Licenses Generally. › Section 9-11-36 - Issuance of Licenses Generally - Persons Authorized; Record.
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Section 9-11-36
Issuance of licenses generally - Persons authorized; record.
The judge of probate, the license commissioner or such person or persons not residing at the county seat in which the county courthouse is located and duly appointed by the Commissioner of Conservation and Natural Resources and so authorized by him shall have authority to issue all licenses, resident or nonresident, to all persons complying with the provisions of this article and shall sign his name and shall require the person to whom the license is issued to sign his name on the margin thereof. The person or persons issuing said license shall keep in a book or on specially prepared sheets to be furnished by the Commissioner of Conservation and Natural Resources a correct and complete record of all licenses issued, which record shall remain in his office and be open to inspection by the public at all reasonable times.
(Acts 1935, No. 240, p. 632, §41; Code 1940, T. 8, §42.)
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https://law.justia.com/codes/alabama/title-9/chapter-11/article-2/section-9-11-37/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 11 - Fish, Game and Wildlife.›Article 2 - Hunting, Fishing and Trapping Licenses Generally.›Section 9-11-37 - Issuance of Licenses Generally - Issuance Fee; Reports.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 2 - Hunting, Fishing and Trapping Licenses Generally. › Section 9-11-37 - Issuance of Licenses Generally - Issuance Fee; Reports.
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Section 9-11-37
Issuance of licenses generally - Issuance fee; reports.
(a) There shall be a $1.00 issuance fee for all licenses sold by the Division of Wildlife and Freshwater Fisheries of the Department of Conservation and Natural Resources, which shall be in addition to the prescribed cost of such licenses. In counties where the probate judge or issuing officer is on the fee system, the issuing fee shall be retained by the probate judge or issuing officer, and in counties where the probate judge or issuing officer is on a salary basis, the fee shall be paid by him into the county treasury to the credit of the appropriate fund. It shall be unlawful to charge any amount that is in excess of the fee provided herein; and, if any probate judge, license commissioner, special agent or other person authorized to issue such licenses does so, he shall be guilty of a misdemeanor and shall be punished, upon conviction, by a fine of not less than $10.00 nor more than $25.00 for each offense.
(b) The balance of such fees shall be remitted to the Department of Conservation and Natural Resources on the first of each month, which balance shall be covered into the Treasury to the credit of the Game and Fish Fund of the department.
(c) Said judges of probate and all other duly authorized and designated persons shall report to the Department of Conservation and Natural Resources on the first day of each month the number and kind of licenses issued and the name and post-office address of the person or persons to whom issued, giving opposite each name the serial number of the license so issued.
(Acts 1935, No. 240, p. 632, § 42; Code 1940, T. 8, §43; Acts 1943, No. 304, p. 262; Acts 1975, No. 1209, p. 2523, §1; Acts 1984, No. 84-446, p. 1040, §3.)
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https://law.justia.com/codes/alabama/title-9/chapter-11/article-2/section-9-11-38/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 11 - Fish, Game and Wildlife.›Article 2 - Hunting, Fishing and Trapping Licenses Generally.›Section 9-11-38 - Special Agents for Issuing Hunting and Fishing Licenses - Application for Appointm...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 2 - Hunting, Fishing and Trapping Licenses Generally. › Section 9-11-38 - Special Agents for Issuing Hunting and Fishing Licenses - Application for Appointment; Authority.
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Section 9-11-38
Special agents for issuing hunting and fishing licenses — Application for appointment; authority.
Any person, firm or corporation who or which resides at the county seat in which the county courthouse is located and who or which is engaged in the business of selling hunting and fishing equipment may make application in writing to the judge of probate or license commissioner of said county for the purpose of acting as special agent for issuing hunting and fishing licenses. Such agents shall have authority to issue all such licenses, resident or nonresident, to all persons complying with the provisions of the laws pertaining to the issuance of such licenses.
(Acts 1951, No. 628, p. 1082, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-11/article-2/section-9-11-39/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 11 - Fish, Game and Wildlife.›Article 2 - Hunting, Fishing and Trapping Licenses Generally.›Section 9-11-39 - Special Agents for Issuing Hunting and Fishing Licenses - Bond Generally; Appointm...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 2 - Hunting, Fishing and Trapping Licenses Generally. › Section 9-11-39 - Special Agents for Issuing Hunting and Fishing Licenses - Bond Generally; Appointment.
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Section 9-11-39
Special agents for issuing hunting and fishing licenses - Bond generally; appointment.
Such person, firm or corporation who or which applies to the judge of probate or license commissioner for the purpose of acting as special agent for the sale of hunting and fishing licenses shall submit with his or its application an indemnity bond in the amount of $1,000.00, which bond shall be issued by a responsible bonding company authorized to do business in the State of Alabama. Upon receipt of such application and bond, the judge of probate or license commissioner shall forthwith designate and appoint such person, firm or corporation as a special agent to sell hunting and fishing licenses as provided for in Sections 9-11-38 through 9-11-43.
(Acts 1951, No. 628, p. 1082, §2.)
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https://law.justia.com/codes/alabama/title-9/chapter-11/article-2/section-9-11-40/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 11 - Fish, Game and Wildlife.›Article 2 - Hunting, Fishing and Trapping Licenses Generally.›Section 9-11-40 - Special Agents for Issuing Hunting and Fishing Licenses - Bond of Agents to Be Pay...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 2 - Hunting, Fishing and Trapping Licenses Generally. › Section 9-11-40 - Special Agents for Issuing Hunting and Fishing Licenses - Bond of Agents to Be Payable to Judge of Probate or License Commissioner.
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Section 9-11-40
Special agents for issuing hunting and fishing licenses - Bond of agents to be payable to judge of probate or license commissioner.
The indemnity bond referred to in Section 9-11-39 shall be made payable to the judge of probate or license commissioner to protect him for the licenses he issues to the special agent. The principal of said bond shall be the special agent.
(Acts 1951, No. 628, p. 1082, §6.)
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