Bill Text: WV SB264 | 2022 | Regular Session | Comm Sub
Bill Title: Relating to conservation districts law of WV
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2022-04-20 - Chapter 6, Acts, Regular Session, 2022 [SB264 Detail]
Download: West_Virginia-2022-SB264-Comm_Sub.html
WEST virginia legislature
2022 regular session
Committee Substitute
for
Committee Substitute
for
Senate Bill 264
By Senators Trump, Hamilton, and Stollings
[Originating in the Committee on Government Organization; reported on February 2, 2022]
A BILL to amend and reenact §19-21A-1, §19-21A-2, §19-21A-3, §19-21A-4, §19-21A-6, and §19-21A-8 of the Code of West Virginia, 1931, as amended, all relating to conservation districts; providing for a short title of the article to be known as the Conservation Districts Law of West Virginia; restating legislative determinations and declaration of policy in clear and concise language; adding definitions for “agriculture” and “urban agriculture”; conferring additional powers and duties upon State Conservation Committee; providing for term of office of district supervisor to begin on July 1, immediately following primary election; providing procedure to fill office of district supervisor if no candidate seeks office; modifying candidate qualifications for election of district supervisor; modifying process for filling vacancies in office of district supervisor; and conferring additional powers and duties upon conservation districts and supervisors.
Be it enacted by the Legislature of West Virginia:
ARTICLE 21A. CONSERVATION DISTRICTS.
§19-21A-1. Legislative
determinations and declaration of policy. Short title.
It is hereby declared,
as a matter of legislative determination:
(a) That the farm and
grazing lands of the State of West Virginia are among the basic assets of the
state and that the preservation of these lands is necessary to protect and
promote the health, safety and general welfare of its people; that improper
land-use practices have caused and have contributed to, and are now causing and
contributing to, a progressively more serious erosion of the farm and grazing
lands of this state by water; that the breaking of natural grass, plant, and
forest cover has interfered with the natural factors of soil stabilization,
causing loosening of soil and exhaustion of humus and developing a soil
condition that favors erosion; that the topsoil is being washed out of fields
and pastures; that there has been an accelerated washing of sloping fields;
that these processes of erosion by water and flooding is increased with removal
of absorptive topsoil, causing exposure of less absorptive and less protective
but more erosive subsoil; that failure by any landowner to conserve the soil
and control erosion upon his lands causes a washing of soil and water from his
or her lands onto other lands and makes the conservation of soil and control of
erosion of such other lands difficult or impossible and increases the potential
damages from flooding.
(b) That the
consequences of such soil erosion in the form of soil washing are the silting
and sedimentation of stream channels, reservoirs, dams, ditches, and harbors;
the piling up of soil on lower slopes and its deposit over alluvial plains; the
reduction in productivity or outright ruin of rich bottom lands by over-wash of
-poor subsoil material, sand and gravel swept out of the hills; deterioration
of soil and its fertility, deterioration of crops grown thereon and declining
acre yields despite development of scientific processes for increasing such
yields; loss of soil and water which causes destruction of food and cover for
wildlife; the washing of soil into streams which silts over spawning beds and
destroys water plants, diminishing the food supply of fish; a diminishing of
the underground water reserve which causes water shortages, intensifies periods
of drought and causes crop failures; an increase in the speed and volume of
rainfall runoff, causing more severe and more numerous floods which bring
suffering, disease, and death; impoverishment of families attempting to farm
eroding and eroded lands; damage to roads, highways, railways, farm buildings,
and other property from floods; and losses in navigation, hydroelectric power,
municipal water supply, irrigation developments, farming, grazing and reduction
of suitable land available for homes and businesses.
(c) That to conserve
soil resources and control and prevent soil erosion and prevent floodwater and
sediment damage and further the conservation, development, utilization, water
quality, and disposal of water, it is necessary that land-use practices
contributing to soil wastage and soil erosion be discouraged and discontinued
and appropriate soil-conserving land-use practices and works of improvement for
flood prevention or the conservation, development, utilization, water quality,
and disposal of water be adopted and carried out; that among the procedures
necessary for widespread adoption are engineering operations such as the
construction of terraces, terrace outlets, dams, desilting basins, floodwater
retarding structures, channel improvements, floodways, dikes, ponds, ditches,
and the like; the utilization of strip cropping, lister furrowing, contour
cultivating and contour furrowing; land drainage; land irrigation; seeding and
planting of waste, sloping, abandoned or eroded lands with water-conserving and
erosion-preventing plants, trees and grasses; forestation and reforestation;
rotation of crops; soil stabilization with trees, grasses, legumes, and other
thick-growing, soil-holding crops; retardation of runoff by increasing
absorption of rainfall; and retirement from cultivation of steep, highly
erosive areas and areas now badly gullied or otherwise eroded.
(d) It is hereby
declared to be the policy of the Legislature to provide for the conservation of
the soil and soil resources of this state, for the control and prevention of
soil erosion, for the prevention of floodwater and sediment damage and for
furthering the conservation, development, utilization, water quality, and
disposal of water, and thereby to preserve natural resources, control floods,
prevent impairment of dams and reservoirs, assist in maintaining the
navigability of rivers and harbors, preserve wildlife, protect the tax base,
protect public lands, and protect and promote the health, safety, and general
welfare of the people of this state.
(e) This article
contemplates that the incidental cost of organizing conservation districts will
be borne by the state, while the expense of operating the districts so
organized will be provided by donations, gifts, contributions, grants, and
appropriations, in money, services, materials, or otherwise, from the United
States or any of its agencies, from the State of West Virginia or from other
sources, with the understanding that the owners or occupiers will contribute
funds, labor, materials, and equipment to aid in carrying out erosion control
measures on their lands
This article may be known and cited as the Conservation Districts Law of West Virginia.
§19-21A-2. Legislative determinations and declaration of policy.
It is hereby declared, as a matter of legislative determination:
(a) That the farm and
grazing lands of the State of West Virginia are among the basic assets of the
state and that the preservation of these lands is necessary to protect and
promote the health, safety and general welfare of its people; that improper
land-use practices have caused and have contributed to, and are now causing and
contributing to, a progressively more serious erosion of the farm and grazing
lands of this state by water; that the breaking of natural grass, plant, and
forest cover has interfered with the natural factors of soil stabilization,
causing loosening of soil and exhaustion of humus and developing a soil
condition that favors erosion; that the topsoil is being washed out of fields
and pastures; that there has been an accelerated washing of sloping fields;
that these processes of erosion by water and flooding is increased with removal
of absorptive topsoil, causing exposure of less absorptive and less protective
but more erosive subsoil; that failure by any landowner to conserve the soil
and control erosion upon his lands causes a washing of soil and water from his
or her lands onto other lands and makes the conservation of soil and control of
erosion of such other lands difficult or impossible and increases the potential
damages from flooding.
(b) That the
consequences of such soil erosion in the form of soil washing are the silting
and sedimentation of stream channels, reservoirs, dams, ditches, and harbors;
the piling up of soil on lower slopes and its deposit over alluvial plains; the
reduction in productivity or outright ruin of rich bottom lands by over-wash of
-poor subsoil material, sand and gravel swept out of the hills; deterioration
of soil and its fertility, deterioration of crops grown thereon and declining
acre yields despite development of scientific processes for increasing such
yields; loss of soil and water which causes destruction of food and cover for
wildlife; the washing of soil into streams which silts over spawning beds and
destroys water plants, diminishing the food supply of fish; a diminishing of
the underground water reserve which causes water shortages, intensifies periods
of drought and causes crop failures; an increase in the speed and volume of
rainfall runoff, causing more severe and more numerous floods which bring
suffering, disease, and death; impoverishment of families attempting to farm
eroding and eroded lands; damage to roads, highways, railways, farm buildings,
and other property from floods; and losses in navigation, hydroelectric power,
municipal water supply, irrigation developments, farming, grazing and reduction
of suitable land available for homes and businesses.
(c) That to conserve
soil resources and control and prevent soil erosion and prevent floodwater and
sediment damage and further the conservation, development, utilization, water quality,
and disposal of water, it is necessary that land-use practices contributing to
soil wastage and soil erosion be discouraged and discontinued and appropriate
soil-conserving land-use practices and works of improvement for flood
prevention or the conservation, development, utilization, water quality, and
disposal of water be adopted and carried out; that among the procedures
necessary for widespread adoption are engineering operations such as the
construction of terraces, terrace outlets, dams, desilting basins, floodwater
retarding structures, channel improvements, floodways, dikes, ponds, ditches,
and the like; the utilization of strip cropping, lister furrowing, contour
cultivating and contour furrowing; land drainage; land irrigation; seeding and planting
of waste, sloping, abandoned or eroded lands with water-conserving and
erosion-preventing plants, trees and grasses; forestation and reforestation;
rotation of crops; soil stabilization with trees, grasses, legumes, and other
thick-growing, soil-holding crops; retardation of runoff by increasing
absorption of rainfall; and retirement from cultivation of steep, highly
erosive areas and areas now badly gullied or otherwise eroded.
(d) It is hereby
declared to be the policy of the Legislature to provide for the conservation of
the soil and soil resources of this state, for the control and prevention of
soil erosion, for the prevention of floodwater and sediment damage and for
furthering the conservation, development, utilization, water quality, and disposal
of water, and thereby to preserve natural resources, control floods, prevent
impairment of dams and reservoirs, assist in maintaining the navigability of
rivers and harbors, preserve wildlife, protect the tax base, protect public
lands, and protect and promote the health, safety, and general welfare of the
people of this state.
(e) This article
contemplates that the incidental cost of organizing conservation districts will
be borne by the state, while the expense of operating the districts so organized
will be provided by donations, gifts, contributions, grants, and
appropriations, in money, services, materials, or otherwise, from the United
States or any of its agencies, from the State of West Virginia or from other
sources, with the understanding that the owners or occupiers will contribute
funds, labor, materials, and equipment to aid in carrying out erosion control
measures on their lands
(a) That West Virginia has a rich history of farming and using natural resources. The farms, forests, soil, and water resources are among the basic assets of the state and conservation of these resources is vital to the maintenance and future of the state and its citizens. However, improper land use practices have led to unnecessary soil erosion and water degradation.
(b) There is a continuing need for the implementation of conservation practices, whether urban, suburban, or rural, that maintain, promote, control, and prevent soil erosion, prevent floodwater and sediment damage, and further the conservation, development, use, disposal, and quality of water, thereby preserving natural resources, controlling floods, preventing impairment of dams and reservoirs, assisting in maintaining the navigability of rivers and harbors, preserving wildlife, protecting the tax base, protecting public lands, and promoting the health, safety, and general welfare of the people of this state.
(c) Adopting sound conservation policies and practices is an investment in West Virginia’s Natural Resources and is a foundation for profitable, productive, and healthy ecosystems that are resilient and better able to withstand current and future environmental challenges.
(d) In recognition of the ever-increasing demands on West Virginia’s soil and water resources, it is declared the policy of the state that the State Conservation Committee and the State’s Conservation Districts, in cooperation with other state and federal agencies, political subdivisions, nongovernmental organizations, private landowners, and others, work to recommend and implement programs and policies that improve soil health and water quality.
(e) This article contemplates that the cost of operating conservation districts will be provided by donations, gifts, contributions, grants, and appropriations, in money, services, materials, or otherwise, from the United States or any of its agencies, from the State of West Virginia or from other sources, with the understanding that the owners or occupiers of the land bear the responsibility of implementing practices to alleviate soil erosion and/or improve water quality on their lands and will contribute funds, labor, materials, and equipment to aid in carrying out such measures.
§19-21A-3. Definitions.
Wherever used or referred to in this article, unless a different meaning clearly appears from the context:
(1) “Agency of this state” means the government of this state and any subdivision, agency, or instrumentality, corporate or otherwise, of the government of this state.
(2) “Agriculture” means the production of food, fiber, and woodland products, by means of cultivation, tillage of the soil, and by the conduct of animal, livestock, dairy, apiary, equine or poultry husbandry, and the practice of forestry, silviculture, horticulture, harvesting of silviculture products, packing, shipping, milling, and marketing of agricultural products conducted by the proprietor of the agricultural operation, or any other legal plant or animal production and all farm practices.
(2) (3) “Committee” or “State Conservation
Committee” means the agency created in §19-21A-4 of this code.
(3) (4) “Conservation” means the reduction of soil
erosion, enhancement of water supplies, control, and abatement of nonpoint
sources of water pollution, improvement of water quality, increased aquatic and
wildlife habitat, and the reduction of damages caused by floodwater and
sediment damages and other natural disasters.
(4) (5) “District” or “conservation district”
means a subdivision of this state, organized in accordance with the provisions
of this article, for the purposes, with the powers and subject to the
restrictions hereinafter set forth.
(5) (6) “Grant” means the providing of grants for
conservation purposes pursuant to legislative rule.
(6) (7) “Governing body” means the supervisors of
any conservation district, town, or city, council, city commission, county
court, or body acting in lieu of a county court, in this state, and the term
“governmental division” means any conservation district, town, city, or county
in this state.
(7) (8) “Land occupier” or “occupier of land”
means any person, firm, or corporation who shall hold title to, or shall be in
possession of, any lands lying within a district organized under the provisions
of this article, whether as owner, lessee, renter, or tenant.
(8) (9) “Landowners” or “owners of land” means any
person or persons, firm, or corporation who holds title to any lands lying within
a district organized under the provisions of this article.
(9) (10) “Notice” means notice published as a
Class II legal advertisement in compliance with the provisions of §59-3-1 et
seq. of this code and the publication area for the publication is the county
in which is located the appropriate area. At any hearing held pursuant to such
notice at the time and place designated in the notice, adjournment may be made,
from time to time, without the necessity of renewing the notice for the
adjournment dates.
(10) (11) “Petition” means a petition filed under
the provisions of §19-21A-5(a) §19-21A-14 of this code for the
creation of a district.
(11) (12) “Soil conservation”, “erosion control”,
or “erosion prevention projects” means those projects that have been
established by federal agencies in cooperation with state agencies for the
purpose of demonstrating soil erosion control and water conservation practices.
(12) (13) “State” means the State of West Virginia.
(13) (14) “Supervisor” means one of the members of
the governing body of a district, elected or appointed in accordance with the
provisions of this article.
(15) “Urban Agriculture” means the cultivation, processing, and distribution of agricultural products grown in urban and suburban settings, including vertical production, warehouse farms, community gardens, rooftop farms, hydroponic, aeroponic, and aquaponic facilities, and other innovations.
(14) (16) “United States” or “agencies of the
United States” means the United States of America, Natural Resources
Conservation Service of the United States Department of Agriculture, and any
other agency or instrumentality, corporate or otherwise, of the United States
of America.
(15) (17) “Works of improvement” means such
structures as may be necessary or convenient for flood prevention or the
conservation, development, utilization, or disposal of water.
§19-21A-4. State Conservation Committee; continuation.
(a) The State Conservation Committee is continued. It serves as an agency of the state and is to perform the functions conferred upon it in this article. The committee consists of the following 10 members:
(1) Four citizen members;
(2) The following ex officio members or his or her designee:
(A) The Director of the state Cooperative Extension Service;
(B) The Director of the State Agricultural and Forestry Experiment Station;
(C) The Secretary of the Department of Environmental Protection;
(D) The State Commissioner of Agriculture, who is the chairperson of the committee;
(E) The Director of the Division of Forestry; and
(F) The President of the West Virginia Association of Conservation Districts.
(b) The Governor shall appoint, by and with the consent of the Senate, the four citizen members. Members shall be appointed for four-year terms, which are staggered in accordance with the initial appointments under prior enactment of this section. In the event of a vacancy, the appointment is for the unexpired term.
(c) The committee may invite the Secretary of Agriculture of the United States of America to appoint one person to serve with the committee as an advisory member.
(d) The committee shall keep a record of its official actions, shall adopt a seal, which shall be judicially noticed, and may perform those acts, hold public hearings, and adopt or propose for legislative approval rules necessary for the execution of its functions under this article.
(e) The State Conservation Committee may employ an administrative officer, technical experts, and other agents and employees, permanent and temporary, as it requires. The administrative officer and support staff shall be known as the West Virginia Conservation Agency. The committee shall determine their qualifications, duties, and compensation. The committee may call upon the Attorney General of the state for legal services it requires. It may delegate to its chairperson, to one or more of its members, or to one or more agents or employees, powers and duties it considers proper. The committee may secure necessary and suitable office accommodations and the necessary supplies and equipment. Upon request of the committee, for the purpose of carrying out any of its functions, the supervising officer of any state agency or of any state institution of learning shall, insofar as may be possible, under available appropriations and having due regard to the needs of the agency to which the request is directed, assign or detail to the committee members of the staff or personnel of the agency or institution of learning and make special reports, surveys, or studies required by the committee.
(f) A member of the committee holds office so long as he or she retains the office by virtue of which he or she is serving on the committee. A majority of the committee is a quorum and the concurrence of a majority in any matter within their duties is required for its determination. The chairperson and members of the committee may receive no compensation for their services on the committee, but are entitled to reimbursement of expenses, including traveling expenses necessarily incurred in the discharge of their duties on the committee. The committee shall:
(1) Require the execution of surety bonds for all employees and officers who are entrusted with funds or property;
(2) Provide for the keeping of a full and accurate public record of all proceedings and of all resolutions, rules, and orders issued or adopted;
(3) Provide for an annual audit of the accounts of receipts and disbursements; and
(4) Cooperate with the State Resiliency Office to the fullest extent practicable to assist that office in fulfilling its duties.
(g) In addition to other duties and powers conferred upon the State Conservation Committee, it may:
(1) Offer Review
district programs and offer appropriate assistance to the supervisors of
conservation districts, organized as provided in this article, in the carrying
out of any of their powers and programs;
(2) Assist and advise conservation districts and others in implementing conservation improvements, and projects to control and abate nonpoint sources of water pollution and prevent damage from floodwater and sediment;
(3) Keep the supervisors of each of the several districts, organized under the provisions of this article, informed of the activities and experience of all other districts organized under this article, and facilitate an interchange of advice and experience between the districts and cooperation between them;
(4) Review agreements, or forms of agreements, proposed to be entered into by districts with other districts or with any state, federal, interstate, or other public or private agency, organization, or individual, and advise the districts concerning such agreements or forms of agreements;
(4) (5) Coordinate the programs of the several
conservation districts so far as this may be done by advice and consultation;
(5) (6) Contract for services directly related to
natural disaster recovery and stream restoration related to flooding, on an
as-needed basis;
(6) (7) Comply with provisions of present and
future federal aid statutes and regulations, including execution of contracts
or agreements with, and cooperation in, programs of the United States
government and any of its proper departments, bureaus, or agencies relating to
natural disaster response, natural disaster recovery, or stream restoration
related to flooding;
(7) (8) Secure the cooperation and assistance of
the United States and any of its agencies and of agencies of this state in the
work of the districts;
(8) (9) Disseminate information throughout the
state concerning the activities and programs of the conservation districts and
encourage the formation of the districts in areas where their organization is
desirable;
(10) Administer the provisions of any law hereinafter enacted by the Legislature appropriating funds for expenditures in connection with the activities of conservation districts; distribute to conservation districts funds, equipment, supplies, and services received by the committee for such purpose from any source subject to conditions in any state or federal statute or local ordinance making such funds, property, or services; adopt rules establishing guidelines to govern the use by conservation districts of such funds, property, and services; and review all budgets, administrative procedures, and operations of such districts and advise the districts concerning their conformance with applicable laws and rules;
(9) (11) Administer a conservation grant program
that provides financial assistance to conservation districts and others to
promote approved conservation, water quality, and soil conservation projects;
(10) (12) Accept and receive donations, gifts,
contributions, grants, and appropriations in money, services, materials, or
otherwise, from the United States or any of its agencies, from the State of
West Virginia, or from other sources, and use or expend the money, services,
materials, or other contributions in carrying out the policy and provisions of
this article, including the right to allocate the money, services, or materials
in part to the various conservation districts created by this article in order
to assist them in carrying on their operations;
(11) (13) Obtain options upon and acquire by
purchase, exchange, lease, gift, grant, bequest, devise, or otherwise, any
property, real or personal, or rights or interests in the property; maintain,
administer, operate, and improve any properties acquired; receive and retain
income from the property and expend the income as required for operation,
maintenance, administration, or improvement of the properties or in otherwise
carrying out the purposes and provisions of this article; and sell, lease, or
otherwise dispose of any of its property or interests in the property in
furtherance of the purposes and the provisions of this article. Money received
from the sale of land acquired in the small watershed program shall be
deposited in the special account of the State Conservation Committee and
expended as provided in this article;
(12) (14) Promulgate emergency and legislative
rules to effectuate the provisions of this article; and
(13) (15) Upon a Governor’s proclamation declaring
a state of emergency or federal disaster declaration, the state committee, its
employees, or agents may enter any water of the state for the purpose of
removing debris and other obstruction which impede water flow and present
additional flood hazards. The agency shall make reasonable efforts to secure
the permission of the landowner before entering any private property in
connection with these removal activities. The exercise of this limited
authority does not constitute taking of private property or trespass. This
authority shall continue for the duration of the Governor’s proclamation or the
federal disaster declaration.
(16) Require annual reports from conservation districts, the form and content of which shall be developed by the state committee; and
(17) Establish by rule, adequate and reasonably uniform accounting and auditing procedures which shall be used by conservation districts.
§19-21A-6. Election of supervisors for each district; filling vacancies.
(a) Each county in a district
shall elect two nonpartisan supervisors: Provided, That any county with
a population of one hundred thousand based on the most recent decennial census
shall elect one additional supervisor and any county with a population over one
hundred thousand based on the most recent decennial census shall elect one
additional supervisor for each fifty thousand residents over one hundred
thousand.
(b) A candidate for
supervisor must be a landowner and an active farmer with a minimum of five
years' experience or a retired farmer who has had a minimum of five years'
experience and must have the education, training and experience necessary to
carry out the duties required by this article. The State Conservation Committee
shall propose for promulgation in accordance with the requirements of article
three-a, chapter twenty-nine of this code legislative rules to establish
criteria for the necessary education, training and experience.
(c) All registered
voters in the district are eligible to vote in the election for candidates from
the county within the boundaries of the district in which the voter resides.
The candidates in each county who receive the largest number of votes cast in
the election shall be elected supervisors for that county.
(d) Supervisors shall be
elected in the primary election and serve a term of four years. The provisions
of chapter three of this code apply to election of supervisors.
(e) Persons holding the
position of supervisor, regardless of the expiration of the designated term of
office, continue to serve until the election and qualification of his or her
successor
(a) All registered voters in each county in a district shall elect two nonpartisan supervisors who shall hold office for a term of four years and until his or her successor is elected and qualified: Provided, That any county with a population of 100,000 based on the most recent decennial census shall elect one additional supervisor and any county with a population over 100,000 based on the most recent decennial census shall elect one additional supervisor for each 50,000 residents over 100,000.
(b) The provisions of §3-1-1 et seq. of this code apply to the election of supervisors, and the terms of such members shall begin on July 1, next following the primary election at which they were elected: Provided, That if no candidate seeks the office, then the district shall advertise and select a candidate from the county in which the vacancy occurs and submit the name to the state committee for appointment.
(c) A candidate for supervisor must have experience in agriculture, as that term is defined in §19-21A-3 of this code; conservation; or natural resources.
(f) (d) Any vacancy occurring in the office of
supervisor shall be filled by the state committee by appointment of a
person from the county in which the vacancy occurs. Within fifteen 90
days after the vacancy occurs, the district shall submit a list of names of
persons qualified to be a supervisor shall advertise and select a
candidate from the county in which the vacancy occurs and submit the name to
the state committee for appointment. If the unexpired term is for less than
two years and six months, the appointed person holds office until the
expiration of the term. If the unexpired term is for more than two years and
six months, the appointed person holds the office until a successor is elected
in the next primary or general election and qualified.
§19-21A-8. Powers of
districts; additional powers of supervisors. Powers and duties of
conservations districts and supervisors.
A conservation district organized under the provisions of this article and the supervisors thereof shall have the following powers and duties, in addition to others granted in other sections of this article:
(1) To hold public meetings to conduct surveys, investigations, and research relating to the character of soil erosion, floodwater and sediment damage, and nonpoint source water pollution, and to the conservation, development, utilization, water quality, disposal of water, and the preventive and control measures needed to publish the results of such surveys, investigations, or research, and to disseminate information concerning such preventive and control measures and works of improvement to the public: Provided, That in order to avoid duplication of research activities, no district shall initiate any research program or publish the results except with the approval of the state committee and in cooperation with the government of this state or any of its agencies, or with the United States or any of its agencies;
(2) To conduct demonstrational projects within the district on lands owned or controlled by this state or any of its agencies, with the consent and cooperation of the agency administering and having jurisdiction thereof, and on any other lands within the district upon obtaining the consent of the owner and occupier of the lands or the necessary rights or interests in the lands in order to demonstrate by example the means, methods, and measures by which soil and soil resources may be conserved and soil erosion in the form of soil washing may be prevented and controlled, water quality may be improved, and works of improvement may be carried out;
(3) To carry out preventive
and control measures and works of improvement within the district, including,
but not limited to, engineering operations, methods of cultivation, the growing
of vegetation, changes in use of land; drainage, irrigation, and other
agricultural water management operations and measures for the prevention of floodwater
and sediment damages, or for the control and abatement of nonpoint sources of
water pollution; and the measures listed in §19-21A-2(c) §19-21A-2
of this code on lands owned or controlled by this state or any of its agencies
with the consent and cooperation of the agency administering and having
jurisdiction thereof and on any other lands within the district upon obtaining
the consent of the owner and occupier of such lands or the necessary rights or
interests in such lands;
(4) To cooperate, or enter into agreements with, and within the limits of appropriations duly made available to it by law, to furnish financial or other aid to any agency, governmental or otherwise, or any occupier of lands within the district in the carrying on of erosion-control and prevention operations, operations for the control and abatement of nonpoint sources of water pollution, and works of improvement within the district, subject to such conditions as the supervisors may deem necessary to advance the purposes of this article;
(5) To obtain options upon and to acquire, by purchase, exchange, lease, gift, grant, bequest, devise, or otherwise, any property, real or personal, or rights or interests therein; to institute condemnation proceedings to acquire any property, real or personal, or rights or interests therein, whether or not located in the district, required for works of improvement; to maintain, administer, and improve any properties acquired, to receive income from such properties, and to expend such income in carrying out the purposes and provisions of this article; and to sell, lease, or otherwise dispose of any of its property or interests therein in furtherance of the purposes and the provisions of this article;
(6) To accept and receive donations, gifts, contributions, grants, and appropriations in money, services, materials, or otherwise from the United States or any of its agencies, from the state of West Virginia, or from other sources and use or expend the money, services, materials, or other contributions in carrying out the policy and provisions of this article;
(6) (7) To make available, on such terms as it
shall prescribe, to land occupiers within the district, agricultural and
engineering machinery and equipment, fertilizer, seeds and seedlings, and such
other material or equipment as will assist such land occupiers to carry on
operations upon their lands for the conservation of soil resources, and for the
prevention and control of soil erosion, and for flood prevention or the
conservation, development, utilization, water quality, and disposal of water;
(7) (8) To construct, improve, operate, and
maintain such structures as may be necessary or convenient for the performance
of any of the operations authorized in this article;
(8) (9) To develop with the approval of
the state committee comprehensive plans for the To develop and submit to
the state committee its proposed long range program and annual work plans
related to the conservation of soil resources, and for the control and
prevention of soil erosion, and for flood prevention and water quality
improvement, or the conservation, development, utilization, and disposal of
water within the district. The plans shall specify, in as much detail as may be
possible, the acts, procedures, performances, and avoidances which are
necessary or desirable for the effectuation of such plans, including the
specification of engineering operations, methods of cultivation, the growing of
vegetation, cropping programs, tillage practices, and changes in use of land;
and to publish such plans and information and bring them to the attention of
occupiers of lands within the district;
(9) (10) To take over, by purchase, lease, or
otherwise, and to administer any soil-conservation, flood-prevention, drainage,
irrigation, water-management, erosion-control or erosion-prevention project, or
combinations thereof, located within its boundaries, undertaken by the United
States or any of its agencies, or by this state or any of its agencies; to
manage, as agent of the United States or any of its agencies, or of this state
or any of its agencies, any soil-conservation, flood-prevention, drainage,
irrigation, water-management, erosion-control or erosion-prevention project, or
combinations thereof, within its boundaries; to act as agent for the United
States or any of its agencies, or for this state or any of its agencies, in
connection with the acquisition, construction, operation, or administration of
any soil-conservation, flood-prevention, drainage, irrigation,
water-management, erosion-control or erosion-prevention project, or
combinations thereof, within its boundaries; to accept donations, gifts,
contributions, and grants in money, services, materials, or otherwise, from the
United States or any of its agencies, or from this state or any of its
agencies, or from any other source and to use or expend such money, services,
materials, or other contributions in carrying on its operations;
(10) (11) To sue and be sued in the name of the
district; to have a seal, which shall be judicially noticed; to have perpetual
succession unless terminated as hereinafter provided; to make and execute
contracts and other instruments, necessary or convenient to the exercise of its
powers; to make and, from time to time, amend and repeal rules and regulations
not inconsistent with this article to carry into effect its purposes and
powers;
(11) (12) As a condition to this extending of
any benefits under this article to, or the performance of work upon any lands,
the supervisors may require contributions in money, services, materials, or
otherwise to any operations conferring such benefits and may require land
occupiers to enter into and perform such agreements or covenants as to the
permanent use of such lands as will tend to prevent or control erosion and
prevent floodwater and sediment damage thereon;
(12) (13) No provisions with respect to the
acquisition, operation, or disposition of property by other public bodies shall
be applicable to a district organized hereunder in its acquisition, operation,
and disposition of property unless the Legislature shall specifically so state;
(13) (14) To enter into contracts and other
arrangements with agencies of the United States, with persons, firms, or
corporations, including public and nonprofit corporations, with the
state government of this state or other states, or any department or agency
thereof, with governmental divisions, with soil conservation, drainage, flood
control, soil erosion, or other improvement districts in this state or other
states, for cooperation or assistance in constructing, improving, operating, or
maintaining works of improvement within the district, or in preventing floods,
or in conserving, developing, utilizing, and disposing of water in the
district, or for making surveys, investigations, or reports thereof; and to
obtain options upon and acquire property, real or personal, or rights or
interests therein, in other districts or states required for flood prevention
and water quality improvement, or the conservation, development, utilization,
and disposal of water within the district and to construct, improve, operate,
or maintain thereon or therewith works of improvement.
(15) Each district shall, through public meetings, publications, or other means, keep the public, agencies, and occupiers of the land within the district informed of the works and activities planned and administered by the district, of the purposes these will serve, and of the results achieved annually by the districts.
