AGO 1996-148.

Case DateMarch 05, 1996
CourtAlabama
Alabama Attorney General Opinions 1996. AGO 1996-148. 1996-148March 5, 1996Honorable Glen Zorn Chairman Choctawhatchee-Pea Rivers Watershed Management Authority 400 Pell Avenue Troy, Alabama 36082 Watershed Conservancy District - Water and Waterways - Soil and Water Conservation DistrictsChoctawhatchee-Pea Rivers Watershed Management Authority may merge with the YellowRiver Watershed as long as there is proper compliance with the statutory requirements.Dear Mr. Zorn: We have received and considered your request for an opinion on behalf of the Choctawhatchee-Pea Rivers Watershed Management Authority. Specifically, you requested an opinion on the following: QUESTIONS 1) Does Alabama Law 91-602 allow for incorporation of additional watersheds such as the Yellow River Watershed into established watershed management authorities such as the Choctawhatchee-Pea Rivers Watershed Management Authority? 2) Does Section 5 lend itself to the incorporation interest of the Covington County Board of Supervisors and the Yellow River Watershed, or does Section 5 fail to apply to the incorporation of additional watersheds once a watershed management authority has been established as has the CPRWMA? FACTS AND ANALYSIS Basically, both of your questions revolve around the single issue of whether an existing watershed management authority may expand by incorporating into it another existing watershed management authority under the new Alabama Law 91-602. Based upon the language of Alabama Law 91-602, we conclude that your question is to be answered in the affirmative. However, it should be noted that when two existing watershed management authorities choose to merge into one authority, the name of the new watershed management authority must be changed to reflect all of the geographic features of the lands included in the expanded watershed authority. Alabama Law 91-602, passed by the legislature in 1991, is now codified as _9-10A-5, Code of Alabama 1975 (as amended). The statute reads: "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 land lying in one or more soil and water conservation districts. Two or more watersheds may be...

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