There is a newer version of the South Dakota Codified Laws
2012 South Dakota Codified Laws
Title 46A WATER MANAGEMENT
Chapter 07A. Cendak Irrigation District
- §46A-7A-1 Definitions.
- §46A-7A-2 Establishment--Purposes.
- §46A-7A-3 Land comprising district--Notice to landowners--Right to exclusion--Changes.
- §46A-7A-4 Purposes for which water provided.
- §46A-7A-5 Transportation of water for others.
- §46A-7A-6 Exclusion of land converted from farming.
- §46A-7A-7 Water Management Board and other districts not affected by chapter--District exempt from provisions governing other irrigation districts.
- §46A-7A-8 Right to vote in district elections.
- §46A-7A-9 Voting by nonpersonal owners--Co-owners voting.
- §46A-7A-10 Number of votes of landowners.
- §46A-7A-11 Validation election.
- §46A-7A-12 Exclusion of land by owner without obligation--Time allowed.
- §46A-7A-13 Exclusion--Obligations--Contract restriction.
- §46A-7A-14 Inclusion of land--Procedure--Conditions.
- §46A-7A-15 Inclusion and exclusion of lands by same owner--Procedure.
- §46A-7A-16 Maximum area of district.
- §46A-7A-17 List of included lands filed with registers of deeds--Changes.
- §46A-7A-18 Adjusting divisions.
- §46A-7A-19 Board of directors--Number--Divisions for election--Initial terms.
- §46A-7A-20 Qualifications of directors.
- §46A-7A-21 Publication of notice of validation and initial directors election.
- §46A-7A-22 Nomination petitions for initial directors--Certification of nominees.
- §46A-7A-23 Precincts for initial election--Change--General election laws applicable.
- §46A-7A-24 Resolution declaring district functional on favorable vote of majority of electors--Certificates of election to directors--Cost of election.
- §46A-7A-25 Conduct, canvass, recount, and contest of elections.
- §46A-7A-26 Notices of elections.
- §46A-7A-27 Calling elections--Date.
- §46A-7A-28 Nominating petitions for directors--Signing.
- §46A-7A-29 No election where only one nominee.
- §46A-7A-30 Voting by mail.
- §46A-7A-31 Appointment of election boards.
- §46A-7A-32 Chairman of election board--Filling vacancy on board--Oaths.
- §46A-7A-33 Canvass of returns.
- §46A-7A-34 Plurality elects--Certificate of election.
- §46A-7A-35 Record of election results--Filing.
- §46A-7A-36 Vacancy on board--Filling.
- §46A-7A-37 Time director assumes duties.
- §46A-7A-38 Oath of directors--Official bond.
- §46A-7A-39 Organization of initial board.
- §46A-7A-40 Repealed.
- §46A-7A-41 Organization of board annually.
- §46A-7A-42 Time and place of regular meetings--Special meetings--Quorum--Majority approval for action--Meetings open to public.
- §46A-7A-43 Records maintained--Open to public.
- §46A-7A-44 Compensation of directors, officers, and employees.
- §46A-7A-45 Powers of board.
- §46A-7A-46 Contracts to supply water for nonirrigation uses.
- §46A-7A-47 Conflict of interests prohibited--Violation as felony.
- §46A-7A-48 State study loan fund balances transfer to district.
- §46A-7A-49 Liability of lands in district.
- §46A-7A-50 Reserved.
- §46A-7A-51 Retirement benefits for district employees.
- §46A-7A-52 Waters and facilities in district declared to be public.
- §46A-7A-53 Surveys and investigations authorized--Plan of operations--Contents.
- §46A-7A-54 Contracts with United States--Approval by electors.
- §46A-7A-54.1 Deferral of water project study loan payment pending approval of contract with United States by electorate--Inclusion of repayment of study loan in approval submitted.
- §46A-7A-55 Acceptance of acts of Congress.
- §46A-7A-56 Supplemental or amendatory contracts with United States.
- §46A-7A-57 Election or judicial confirmation of supplemental or amendatory contract not required.
- §46A-7A-58 Cost estimates for plans--Preparation--Filing.
- §46A-7A-59 Bond issue--Election--Limitation of amount.
- §46A-7A-60 Bonds to raise funds in addition to contract with United States.
- §46A-7A-61 Right of entry by board--Acquisition of property--Payment with bonds.
- §46A-7A-62 Construction authorized.
- §46A-7A-63 Right-of-way acquisition.
- §46A-7A-64 Right-of-way over state land.
- §46A-7A-65 Works constructed across waterways, highways and railroads.
- §46A-7A-66 Title to property acquired.
- §46A-7A-67 Board taking conveyances of property--Actions to carry out chapter or enforce rights.
- §46A-7A-68 Contracts requiring bidding--Notice for bids.
- §46A-7A-69 Emergency award of contracts without bids.
- §46A-7A-70 Contracts for purchase of materials--Rejection of all bids--Procedure.
- §46A-7A-71 Bond of contractor--Direction of work by board.
- §46A-7A-72 Signing contracts and documents.
- §46A-7A-73 Contracts awarded without bids--Procedure.
- §46A-7A-74 Direction of construction by registered professional engineer.
- §46A-7A-75 Policies and procedure for distribution of water and power--Contracts with landowners--Priorities--Charges.
- §46A-7A-76 Resolutions establishing or amending policies and procedures--Filing resolutions--Enforceability--Resolutions open for inspection at district office.
- §46A-7A-77 Resolution for distributing burden of water deficiency.
- §46A-7A-78 Contracts for acquisition or settlement of water rights--District acting for others.
- §46A-7A-79 Tolls and charges for use of water and other services.
- §46A-7A-80 Tolls and charges payable in advance.
- §46A-7A-81 Late charge and interest on delinquent toll or charge.
- §46A-7A-82 Lien created by filing list of delinquencies.
- §46A-7A-83 Action to collect delinquent toll or charge--Costs.
- §46A-7A-84 Annual benefit assessment--Amount.
- §46A-7A-85 Benefit assessment roll filed with county auditors and treasurers.
- §46A-7A-86 Collection of assessments--Penalty and interest on delinquencies.
- §46A-7A-87 Allocation of general fund benefit assessment--Lapse of authority to levy.
- §46A-7A-88 Temporary borrowing prior to approval of bonds--Funds for repayment--Maximum amount.
- §46A-7A-89 Temporary borrowing after approval and prior to sale of bonds--Repayment--Maximum amount.
- §46A-7A-90 Fiscal year borrowing against anticipated revenue--Maturity.
- §46A-7A-91 Repayment of fiscal year borrowing.
- §46A-7A-92 Revenue bonds--Vote required to issue--Approval by state board.
- §46A-7A-93 Security for revenue bonds.
- §46A-7A-94 Provision for early redemption of revenue bonds.
- §46A-7A-95 Sale of revenue bonds--Rates--Terms.
- §46A-7A-96 Form of revenue bonds--Execution.
- §46A-7A-97 Special funds for revenue bond proceeds and pledged revenues--Fiscal agent.
- §46A-7A-98 Covenants to secure revenue bonds.
- §46A-7A-99 Interest on revenue bonds paid from proceeds.
- §46A-7A-100 Proceedings by shareholders to protect rights and enforce duties.
- §46A-7A-101 Maximum amount and maturity of revenue bonds.
- §46A-7A-102 Bonds issued to landowners as compensation--Vote required--Payable by credits for tolls and charges--Transfer restricted.
- §46A-7A-103 Maturity and interest of landowner bonds.
- §46A-7A-104 Capital benefit assessments--Purposes.
- §46A-7A-105 Service areas and subareas determined.
- §46A-7A-106 Estimated cost of project--Amendment--Approval by resolution.
- §46A-7A-107 Apportionment of benefits.
- §46A-7A-108 Agreement by benefited landowners for apportionment of costs.
- §46A-7A-109 Lands of political subdivisions subject to apportionment of costs.
- §46A-7A-110 Apportionment roll--Preparation and certification--Contents.
- §46A-7A-111 Report of director of equalization accompanying roll.
- §46A-7A-112 Filing copy of roll and report--Notice--Time of meeting.
- §46A-7A-113 Procedure at meeting--Adjustments requiring adjournment and notice.
- §46A-7A-114 Record where no objections to roll presented.
- §46A-7A-115 Approval of roll--Record.
- §46A-7A-116 Election on levy of capital benefit assessment.
- §46A-7A-117 Ballots and notice for election.
- §46A-7A-118 Transmittal of roll on majority vote--Roll as lien--Effect of approval.
- §46A-7A-119 Roll as conclusive evidence.
- §46A-7A-120 Interest on unpaid assessments--Sale of bonds secured by assessment.
- §46A-7A-121 Resolution for sale of bonds effective on approval by state board--Filing with county treasurers.
- §46A-7A-122 Collection of assessments.
- §46A-7A-123 Annual determination of percentage of assessment and interest called and collected--Filing resolution with counties.
- §46A-7A-124 Computation of amount to be collected on each parcel.
- §46A-7A-125 Collection of assessment called--Proceeds paid to district treasurer.
- §46A-7A-126 Expenses of county officers deducted from assessment money.
- §46A-7A-127 District share of redemption proceeds.
- §46A-7A-128 Amendatory assessments.
- §46A-7A-129 Reapportionment of assessment on subdivided parcel.
- §46A-7A-130 Assessment of land on inclusion in district.
- §46A-7A-131 Cancellation of assessment.
- §46A-7A-132 Refunding of excess assessments.
- §46A-7A-133 Reapportionment of uncalled balance of assessment--Grounds--Procedure.
- §46A-7A-134 Petition for reexamination of assessment.
- §46A-7A-135 Amended assessment roll--Transmittal to county auditors and treasurers--Use.
- §46A-7A-136 Objection to reapportionment by bondholders or lending agency--Appointment and compensation of state adjustment board.
- §46A-7A-137 Notice to county officers of invalidity of amended assessment roll.
- §46A-7A-138 State Adjustment Board proceedings, findings and report--Confirmation or modification of roll--Notice to county officials.
- §46A-7A-139 Bond issues--Payment--Maturity--Interest--Redemption prior to maturity.
- §46A-7A-140 Bonds--Denominations--Execution--Numbering--Contents of authorizing resolution.
- §46A-7A-141 Sale of bonds--Approval--Purposes--Resolution for sale--Notice--Bids.
- §46A-7A-142 Bonds paid from call of capital benefit assessment--Property liable for payment.
- §46A-7A-143 Refunding bonds--Vote required for issuance.
- §46A-7A-144 Amount of refunding bonds--Terms and conditions--Maturity.
- §46A-7A-145 Unauthorized debt prohibited and void.
- §46A-7A-146 Deposit of district funds.
- §46A-7A-147 Deposit of funds with state treasurer--Responsibility and reports of state treasurer.
- §46A-7A-148 Additional bonds--Election on issuance--Terms and conditions--Priority of benefit assessment lien securing.
- §46A-7A-149 Verification of claims against district.
- §46A-7A-150 Payment of claims--Form and signature of warrants.
- §46A-7A-151 Monthly reports of district treasurer.
- §46A-7A-152 Budget hearing--Notice--Fiscal year of district.
- §46A-7A-153 Contents of proposed budget.
- §46A-7A-154 Budget meeting open for questions and comments.
- §46A-7A-155 Adoption of budget--Audit of accounts--Filing budget and audit.
- §46A-7A-156 Drainage powers of district--Cooperation with other governmental units.
- §46A-7A-157 Drainage required by contract with United States--Approval of contract by electors authorizes assessments and charges.
- §46A-7A-158 Wildlife habitat loss mitigation--Contract requirements--Enforcement.
- §46A-7A-159 Procedures for wildlife habitat loss mitigation--Land acquisition.
- §46A-7A-160 Cooperation by Department of Game, Fish and Parks.
- §46A-7A-161 Project benefiting only portion of district--Hearing--Notice.
- §46A-7A-162 Procedure at hearing to determine if project benefits only portion of district--Resolution--Creation of improvement district.
- §46A-7A-163 Effect of creation of improvement district.
- §46A-7A-164 Improvement district business conducted by irrigation district board and officers.
- §46A-7A-165 Improvement district powers and governing provisions.
- §46A-7A-166 Judicial confirmation--Actions for which board may seek confirmation.
- §46A-7A-167 Judicial confirmation prerequisite to bond sale--Action for which board may seek confirmation.
- §46A-7A-168 Petition for judicial review and confirmation--Court in which filed--Contents.
- §46A-7A-169 Notice of court hearing.
- §46A-7A-170 Answer or other pleading to petition--Effect of pleadings.
- §46A-7A-171 Scope of judicial review--Findings--Costs.
- §46A-7A-172 Statement filed with state board where court finds organization and bond proceedings valid--Certification of bonds by state board.
- §46A-7A-173 Petition for election on discontinuance of district.
- §46A-7A-174 Consent of secretary of interior required for dissolution proceedings.
- §46A-7A-175 Ballots and conduct of dissolution election.
- §46A-7A-176 Waiting period after rejection of dissolution.
- §46A-7A-177 Notice to holders of claims of approval of dissolution--Settlement of claims.
- §46A-7A-178 Sale of district property to pay indebtedness.
- §46A-7A-179 Rejection of bids and sale by negotiation.
- §46A-7A-180 Payment of indebtedness from sale proceeds.
- §46A-7A-181 Assessments and calls to pay indebtedness.
- §46A-7A-182 Report of dissolution--Limitation of actions against district.
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