Ala. Code
Code of Alabama

Ala. Code § 9-8-61 (2026)

Board of Directors - Powers and Duties Generally.

✓ official Alabama Legislature (ALISON) text, current July 2026
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Subject to the approval of the board of supervisors, the board of directors of a watershed conservancy district shall have power to:

(1) Acquire, by purchase, gift, grant, bequest or devise, or through condemnation proceedings held in the manner provided by Chapter 1 of Title 18 of this code, such lands or rights-of-way as are necessary for the exercise of any authorized function of the district;

(2) Construct, improve, operate and maintain such structures as may be necessary for the exercise of any authorized function of the district;

(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 district in the performance of its functions, and issue, negotiate and sell its bonds as provided in Section 9-8-62; provided, that all contracts made and all bonds issued by a watershed conservancy district under the provisions of this article shall be solely and exclusively obligations of the district 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 article;

(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 district;

(7) Cooperate with or act as agent for the United States or any of its agencies or the State of Alabama 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 district;

(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 article; and

(9) Subject to the approval of the board of supervisors of the soil and water conservation district, 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.

(Acts 1957, No. 517, p. 705, §10.)

Notes of Decisions
Cited in 3 cases, 1983–2013 · leading case: Health Care Auth. for Baptist Health v. Davis, 158 So. 3d 397 (Ala. 2013).
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Health Care Auth. for Baptist Health v. Davis, 158 So. 3d 397 (Ala. 2013). · cites it 4× “See §§ 9-8-61(1), 9-8-61(7), and 9-8-67. Despite these decidedly governmental characteristics, we held that Tallaseehatchie Creek, as a WCD, was an independent entity, arid, thus, was not entitled to sovereign immunity.”
Wilkinson v. Bd. of Dental Examiners of Alabama, 102 So. 3d 368 (Ala. 2012). · cites it 2× “See §§ 9-8-61(1), 9-8-61(7), and 9-8-67. Despite these decidedly governmental characteristics, we held that Tallaseehatchie Creek, as a WCD, was an independent entity, and, thus, was not entitled to sovereign immunity.”
Mardis v. Big Nance Creek Water Mgmt. Dist., 578 F. Supp. 770 (N.D. Ala. 1983). “705, § 10, now codified as § 9-8-61, Code of Alabama 1975, provides in pertinent part: “Subject to the approval of the board of supervisors, the board of directors of a watershed conservancy district shall have power to: (1) Acquire by purchase, gift, grant .”
— Ala. Code § 9-8-61(1) — 2 cases
Health Care Auth. for Baptist Health v. Davis, 158 So. 3d 397 (Ala. 2013). “See §§ 9-8-61(1), 9-8-61(7), and 9-8-67. Despite these decidedly governmental characteristics, we held that Tallaseehatchie Creek, as a WCD, was an independent entity, arid, thus, was not entitled to sovereign immunity.”
Wilkinson v. Bd. of Dental Examiners of Alabama, 102 So. 3d 368 (Ala. 2012). “See §§ 9-8-61(1), 9-8-61(7), and 9-8-67. Despite these decidedly governmental characteristics, we held that Tallaseehatchie Creek, as a WCD, was an independent entity, and, thus, was not entitled to sovereign immunity.”
— Ala. Code § 9-8-61(3) — 2 cases
Health Care Auth. for Baptist Health v. Davis, 158 So. 3d 397 (Ala. 2013). “See §§ 9-8-61(1), 9-8-61(7), and 9-8-67. Despite these decidedly governmental characteristics, we held that Tallaseehatchie Creek, as a WCD, was an independent entity, arid, thus, was not entitled to sovereign immunity.”
Wilkinson v. Bd. of Dental Examiners of Alabama, 102 So. 3d 368 (Ala. 2012). “See §§ 9-8-61(1), 9-8-61(7), and 9-8-67. Despite these decidedly governmental characteristics, we held that Tallaseehatchie Creek, as a WCD, was an independent entity, and, thus, was not entitled to sovereign immunity.”
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