CHAPTER 668

An Act to amend the Code of Virginia by adding in Chapter 1 of Title 21
an article numbered 9, containing §§ 21-112.10 through 21-112.29,
providing in Soil Conservation Districts for the creation of water-
shed improvement districts, the procedure governing the same, pro-
viding that when created they shall be political subdivisions of the
State, providing for the government of such districts, adding addi-
tional ‘territory thereto, providing for the holding of referenda on
the creation of such districts and the levy of taxes therein, providing
for the levy, collection and expenditure of taxes on real property tn
such districts, imposing duties on the governing bodies of certain
counties, and the appointment of persons to administer the affairs of
such districts.

{H 677]

Approved March 31, 1956

Be it enacted by thé General Assembly of Virginia:

1. That the Code of Virginia be amended by adding in Chapter 1 of
Title 21 an article numbered 9 consisting of sections numbered 21-112.10
through 21-112.29 as follows:

§ 21-112.10. Whenever within a soil conservation district or dis-
tricts it is found that soil conservation will be promoted by the construc-
tion of improvements to check erosion and stabilize the runoff of surface
water, a small watershed improvement district may be established within
such soil conservation district or districts in accordance with the provi-
sions of this article.

§ 21-112.11. Any twenty-five owners of land lying within the limits
of a proposed watershed improvement district, or a majority of such
owners if their number be less than fifty, may file a petition with the
supervisors of the soil conservation district or districts in which the pro-
posed watershed improvement district is situated asking that a water-
shed improvement district be organized to function in the territory
described in the petition. The petition shall set forth: oi.

(1) The proposed name of the watershed improvement district ;

(2) That there is need, in the interest of the public health, safety,
and welfare, for a watershed improvement district to function in the ter-
ritory described in the petition; . .

(3) A description of the territory proposed to be organized as a
watershed improvement district, which description shall be deemed suffi-
cient if generally accurate;

(4) That the territory described in the petition is contiguous and is
in the same watershed;

(5) A request that the territory described in the petition be organ-
ized as a watershed improvement district.

Land lying within the limits of one watershed improvement district shall
not be included in another watershed improvement district.

§ 21-112.12. Within thirty days after such petition has been filed
with the supervisors of the soil conservation district or districts, they
shall cause due notice to be given of a hearing upon the practicability
and feasibility of creating the proposed watershed improvement district.
All owners of land within the proposed watershed improvement district
and all other interested parties shall have the right to attend such a
hearing and to be heard. If the supervisors shall determine from the
hearing that there is need, in the interest of the public health, safety, and
welfare, for the organization of the proposed watershed improvement
district, they shall record such determination and shall define the boun-
daries of such watershed improvement district. The provisions of Article
3 of this chapter shall apply, mutatis mutandis, to such proceedings.

§ 21-112.13. If the supervisors determine that a need for the pro-
posed watershed improvement district exists and after they define the
boundaries of the proposed district, they shall consider the question of
whether the operation of the proposed watershed improvement district is
administratively practicable and feasible. To assist the supervisors in
determining such question, a referendum shall be held upon the proposi-
tion of the creation of the proposed watershed improvement district. Due
notice of such referendum shall be given by the supervisors, and ballots
CH. 668] ACTS OF ASSEMBLY 1023

therefor shall be in substantially the form set forth in § 21-21, but the
watershed improvement district and name thereof shall be substituted for
the soil conservation district. All owners of land lying within the boun-
daries of the proposed watershed improvement district shall be eligible to
vote in such referendum. The supervisors may prescribe such rules and
regulations governing the conduct of such hearing and referendum as
they deem to be necessary.

§ 21-112.14. The results of such referendum shall be considered by
the supervisors in determining whether the operation of the proposed
watershed improvement district is administratively practicable and feasi-
ble; provided, that the supervisors shall not be authorized to determine
that operation of the proposed watershed improvement district is admin-
istratively practicable and feasible unless at least two-thirds of the votes
cast in the referendum, which two-thirds vote shall also represent owner-
ship of at least two-thirds of the land in the proposed district, shall have
been cast in favor of the creation of such watershed improvement district.

§ 21-112.15. If the supervisors shall determine that operation of
the proposed watershed improvement district is administratively practic-
able and feasible, they shall declare the watershed improvement district
to be duly organized and shall record such fact in their official minutes.
Following such entry in their official minutes, the supervisors shall certify
the fact of the organization of the watershed improvement district to the
State Soil Conservation Committee, and shall furnish a copy of such cer-
tification to the county clerk of each county in which any portion of the
watershed improvement district is situated for recordation in the public
land records of each such county; and the watershed improvement district
shall thereupon constitute a governmental subdivision of this State, and
a public body corporate and politic.

§ 21-112.16. If a proposed watershed improvement district is situ-
ated in more than one soil conservation district, copies of the petition
shall be presented to the supervisors of all the soil conservation districts
in which such proposed watershed improvement district is situated, and
the supervisors of all such soil conservation districts affected shall act
jointly as a board of supervisors with respect to all matters concerning
such watershed improvement district, including its organization. Such
watershed improvement district shall be organized in like manner and
shall have the same powers and duties as a watershed improvement dis-
trict situated entirely in one soil conservation district.

§ 21-112.17. Petitions for including additional territory within an
existing watershed improvement district may be filed with supervisors of
the soil conservation district or districts in which the watershed improve-
ment district is situated, and in such cases the provisions hereof with
respect to petitions to organize the watershed improvement district shall
be observed to the extent deemed practicable by such supervisors. In
referenda upon petitions for such inclusion, all owners of land situated
in the proposed additional territory shall be eligible to vote; and no addi-
tional territory shall be included in an existing watershed improvement
district unless owners of land representing two-thirds of the acreage pro-
posed to be included vote in favor thereof.

§ 21-112.18. The supervisors of the soil conservation district or
districts in which the watershed improvement district is situated shall be
the governing body of the watershed improvement district. They may
appoint, in consultation with and subject to the approval of the State Soil
Conservation Committee, three trustees, who shall be the owners of land
within the watershed improvement district, to carry on the business of
the watershed improvement district. The trustees so appointed shall exer-
cise such administrative duties and powers as may be delegated to them
by the supervisors of the soil conservation district or districts. The trustees
1024 ACTS OF ASSEMBLY [va., 1956

shall hold office at the will of the supervisors of the soil cogservenon
district or districts and the State Soil Conservation Committee. €
trustees shall designate a chairman and may, from time to time, change
such designation. One of the trustees may be selected as treasurer an
shall then be responsible for the safekeeping of all the funds of the water-
shed improvement district. When a watershed improvement district lies
in more than one soil conservation district, the supervisors of all such
districts shall act jointly as the governing body of the watershed improve-
ment district. .

§ 21-112.19. The trustees may, with the approval of the supervisors
of the soil conservation district or districts, employ such officers, agents,
and other employees as they may require, and shall determine their
qualifications, duties and compensation. The supervisors shall provide for
the execution of surety bonds for the treasurer and such other trustees,
officers, agents, and employees as shall be entrusted with funds or prop-
erty of the watershed improvement district; and shall provide for the
making and publication of an annual audit of the accounts of receipts and
disbursements of the watershed improvement district.

§ 21-112.20. A watershed improvement district organized under
the provisions of this act shall constitute a governmental subdivision of
this State, and a public body corporate and politic, exercising public
powers, and such watershed improvement district shall have all of the
powers of the soil conservation district or districts in which the watershed
improvement district is situated, and in addition thereto shall have the
authority to levy and collect a tax as hereinafter provided, to be used for
the purposes for which the watershed improvement district was created.
No tax shall be levied under this article unless two-thirds of the owners
of land, which two-thirds’ owners shall also represent ownership of at
least two-thirds of the land area in such district, voting in a referendum
called and held under § 24-141 approve the levy of a tax to be expended
for the purposes of the watershed improvement district.

§ 21-112.21. On or before the first day of March of each year the
trustees of the watershed improvement district shall make an estimate
of the amount of money it deems necessary to be raised by a tax on real
estate in such district for the year and shall, after approval by the super-
visors of the soil: conservation district or districts and the State Soil
Conservation Committee, levy a tax on real estate in such watershed
improvement district. The trustees of the watershed improvement district
shall make up a land book of all of the real estate subject to such water-
shed improvement district tax. A separate book shall be made for each
county, if the said district is located in more than one county. The
assessed valuation of all real estate located in a watershed improvement
district for said district tax purposes shall be the same assessed valua-
tion that is used for the general county levy; provided, however, if a
watershed improvement district is located in two or more counties and
there is a disparity of assessed valuations between the counties, the gov-
erning body of the watershed improvement district may petition the
judge or judges of the circuit courts wherein the said district is located
to appoint such person or persons to assess all of the real estate in the
said watershed improvement district. The compensation of such person
or persons shall be prescribed by the governing body of said district and
paid out of the funds of said district. The assessments made under the
provisions of this section may only be used for the watershed improve-
ment district tax and shall in no way affect any county assessment or
levies. The tax rate in said watershed improvement district shall be deter-
mined annually by the governing body of said district on or before the
date fixed by law for the determining of the general county levy by the
board of supervisors. The land book or books of all real estate subject to
CH. 668] ‘ACTS OF ASSEMBLY 1025

said district tax, along with the tax rate fixed by the governing body of
said district, shall be certified to the county treasurer or treasurers by
the governing body of said watershed improvement district on or before
the first day of September of each year.

§ 21-112.22. The special tax so levied shall be collected at the same
time and in the same manner as county taxes with the proceeds therefrom
to be kept in a separate account by the county treasurer identified by the
official name of the watershed improvement district. Expenditures from
such account may be made with the approval of the supervisors of the
soil conservation district or districts on requisition from the chairman
and the treasurer of the board of trustees of the watershed improvement
districts.

§ 21-112.28. The governing body of any watershed improvement
district shall have power, subject to the conditions and limitations of this
article, to incur indebtedness, borrow funds, and issue bonds of such

‘ watershed improvement district. The circuit court or courts of such county
or counties, or the judge or judges thereof in vacation, wherein said
watershed improvement district is located, upon the petition of a majority
of the members of the governing body of said watershed improvement
district, shall make an order requiring the judges of election at the next
election regularly prescribed by ‘law, or at any other time not less than
thirty days from the date of such order, which shall be designated therein,
to open a poll and take the sense of the landowners of the district on the
question whether the said governing body shall incur indebtedness or issue
bonds for one or more of the purposes for which the watershed improve-
ment district was created.

§ 21-112.24. The election shall be conducted in the manner pre-
scribed by this article for the conduct of other referendums in the water-
shed improvement districts, and under § 24-141.

§ 21-112.25. If the owners of at least two-thirds of the land area in
said district vote in the said election, and if at least two-thirds of the
voters in said election vote in favor of incurring the indebtedness or issu-
ing bonds, the circuit court or courts, or judge or judges thereof in vaca-
tion, shall enter of record an order authorizing the governing body of
said watershed improvement district to incur indebtedness or issue bonds
for one or more of the purposes for which the district was created.

§ 21-112.26. The type of indebtedness incurred or bonds issued shall
be that adopted by the governing body of the watershed improvement
district and approved by the State Soil Conservation Committee and the
Commission on Local Debt.

§ 21-112.27. The governing body of said watershed improvement
district shall, if necessary for the payment of the interest on the indebted-
ness or bonds, or to amortize such indebtedness or bonds in such manner
as may be approved by the Commission on Local Debt, levy an annual
tax in the manner prescribed by § 21-112.21 on all the real estate in the
said watershed improvement district subject to local taxation, to pay such
interest and to amortize such indebtedness or bonds.

§ 21-112.28. The powers herein granted to watershed improvement
districts shall be additional to the powers of the soil conservation district
or districts in which the watershed improvement district is situated; and
the soil conservation district or districts shall be authorized, notwith-
standing the creation of the watershed improvement district, to continue
to exercise its powers within the watershed improvement district.

§ 21-112.29. A watershed improvement district shall have power,
in the manner hereinabove set forth, to incur debts and repay the same
over such period of time and at such rate or rates of interest, not ex-
ceeding six per centum, as the lender or lenders agree to. Any such water-
shed improvement district may accept, receive and expend gifts, grants
or loans from whatever source received. In addition, they shall have the
same powers, to the extent necessary, within the watershed improvement
district that the soil conservation district or districts in which the same is
located exercises or may possess.