South Dakota 10A — County Drainage
- 46A-10A-1 — Definitions.
- 46A-10A-2 — County drainage commission--Appointment--Filling vacancies--Majority required to act--Ex officio members.
- 46A-10A-3 — Term and removal of members.
- 46A-10A-4 — Meetings.
- 46A-10A-5 — Compensation of members.
- 46A-10A-6 — Employment of personnel.
- 46A-10A-7 — Assistance by units of state government--Expense reimbursement.
- 46A-10A-7.1 — Maintenance of correspondence file--Correspondence marked with date of receipt--Term of retention.
- 46A-10A-8 — State Water Management Board, districts, and existing water rights unaffected--Effecton drainage districts.
- 46A-10A-9 — Joint drainage efforts by counties.
- 46A-10A-9.1 — Petition for assistance in development of intercounty drainage plan--Board defined.
- 46A-10A-9.2 — Meeting to develop mutually acceptable joint county drainage activities.
- 46A-10A-9.3 — Recommendation, notice, and hearing before Water Management Board--Cost ofpublication--Implementation.
- 46A-10A-9.4 — Limitation on effectiveness of action required by Water Management Board.
- 46A-10A-9.5 — Action required by board to be included in county drainage plan--Not subject toreferendum procedure.
- 46A-10A-10 — Joint powers agreements by local units of government as to drainage.
- 46A-10A-11 — Agreements for receipt of federal or state funds for drainage.
- 46A-10A-12 — Municipality contracting with county for services--Fees.
- 46A-10A-13 — Joint county-municipal drainage activities.
- 46A-10A-14 — Board to provide funds, equipment, and accommodations for county drainage activity.
- 46A-10A-15 — Adoption of emergency drainage measures--Hearing--Notice--Limited term--Renewal.
- 46A-10A-16 — County drainage plan--Preparation--Adjuncts--Considerations.
- 46A-10A-17 — Purposes of drainage plan.
- 46A-10A-18 — Drainage projects and coordinated drainage areas authorized.
- 46A-10A-19 — Maps authorized.
- 46A-10A-20 — Legal controls for drainage management--Right to continue existing drainage.
- 46A-10A-21 — Official controls not limited.
- 46A-10A-22 — Publication of notice of hearing on proposed drainage plan.
- 46A-10A-23 — Board action on plan by ordinance or resolution.
- 46A-10A-24 — Filing and publication of board action on plan--Effective date of plan--Public inspection.
- 46A-10A-25 — Petition for election on adoption of plan--Notice of election--Ballots--Suspension ofeffective date--Inconsistent drainage efforts prohibited.
- 46A-10A-26 — Rejection of plan by voters--Revision, filing, and publication.
- 46A-10A-27 — Filing copy of adopted official control.
- 46A-10A-28 — Approval required for rehabilitation or construction of drain covered by plan--Boardreview of commission decision.
- 46A-10A-29 — Failure of commission to act as approval--Extension of period by board.
- 46A-10A-30 — Permit system for drainage--Adoption--Granting permits--Fee--Permit required formodification of permitted drain or use of unrecorded right--Drainage without permit asmisdemeanor--Civil penalty.
- 46A-10A-31 — Recording existing drainage rights--Information required--Disputing rights--Appeals--Recording final decision.
- 46A-10A-31.1 — Notice of recording requirements.
- 46A-10A-31.2 — Local governments exempt from recording requirements.
- 46A-10A-32 — Copy of recorded vested right sent to Department of Water and Natural Resources.
- 46A-10A-33 — Enforcement of chapter and official controls.
- 46A-10A-34 — Adjudication functions of commission or board.
- 46A-10A-34.1 — Board of adjudication by mutual agreement--Jurisdiction.
- 46A-10A-35 — Appeals from commission and board--Time allowed--Commencing action in circuitcourt.
- 46A-10A-36 — Regulation and elimination of nonconforming drains.
- 46A-10A-37 — Amendment and repeal of drainage plan--Request by petition.
- 46A-10A-38 — Petition by landowner for change of drainage restrictions--Notice to directly affectedpersons.
- 46A-10A-39 — Hearing on petition--Commission recommendation to board.
- 46A-10A-40 — Affected person's right to be heard--Resolution adopting or rejecting proposal--Review,publication, and effective date of adoption--Election.
- 46A-10A-41 — Drainage plan or official controls for municipality--Approval or contract by municipalityrequired for effectiveness.
- 46A-10A-42 — Jurisdiction of incorporated municipality.
- 46A-10A-43 — Drainage district continuation and dissolution--County plan to include districts, vestedrights and plans or projects of local government units and coordinated drainage areas.
- 46A-10A-43.1 — Petition for future maintenance of drain jointly and voluntarily maintained by landownerswithin ten years of July 1, 1985.
- 46A-10A-43.2 — Signing of petition--Contents.
- 46A-10A-43.3 — Presentation of petition--Filing--Transmittal to Department of Environment and NaturalResources--Hearing.
- 46A-10A-43.4 — Opportunity to appear at hearing--When granted--Resolution by board as tomaintenance of drain.
- 46A-10A-44 — Recommendation that state's attorney seek injunction or other court action to prevent orabate violation.
- 46A-10A-45 — Mandamus proceedings authorized.
- 46A-10A-46 — Control of drainage construction, rehabilitation, or methods--Approval of board.
- 46A-10A-47 — Coordinated drainage area--Application for establishment--Inconsistency with countyplan or controls barring formation--Validity of information in county in process ofadopting plan or controls.
- 46A-10A-48 — Survey and map of proposed coordinated drainage area required--Availability forexamination.
- 46A-10A-49 — Form, verification, signatures, filing, and presentation of application for establishment ofarea.
- 46A-10A-50 — Order establishing area subject to voters' approval--Notice of election--Exemption fromelection requirement.
- 46A-10A-51 — Publication of election notice.
- 46A-10A-52 — Hours polls open--Costs of election.
- 46A-10A-53 — Establishment of area effective on voters' approval--Waiting period after rejection byvoters.
- 46A-10A-54 — Appointment and duties of election officers--Order declaring area established--Conclusiveness of order.
- 46A-10A-55 — Expenditure of county funds for application for coordinated drainage area--Assessmentof costs from benefiting landowners.
- 46A-10A-56 — Public lands subject to drainage laws--Service of notices--Appearance by board orofficer in charge.
- 46A-10A-57 — Responsibilities for drainage projects.
- 46A-10A-58 — Signatures required for board action on drainage project petition.
- 46A-10A-59 — Contents of drainage project petition.
- 46A-10A-60 — Presentation and filing of petition--Time for board action--Copy to department.
- 46A-10A-61 — Survey and report contracted by board--Contents--Right of entry--Copy to department.
- 46A-10A-62 — Survey report to be written--Inspection--Scheduling hearing--Notice requirements.
- 46A-10A-63 — Appearances at hearing--Establishment of project--Variation from report--Adjournmentof hearing--Notices.
- 46A-10A-64 — Assistance by department--Reimbursement of expenses.
- 46A-10A-65 — Denial of petition or establishment of project--Findings required.
- 46A-10A-66 — Assessments authorized--Expenses paid.
- 46A-10A-67 — Acquisition of easements.
- 46A-10A-68 — Damages due to project--Determination--Hearing--Appeal.
- 46A-10A-69 — Naming project--Record of proceedings.
- 46A-10A-70 — Permissible drainage of land.
- 46A-10A-71 — Drains along or across highways.
- 46A-10A-72 — Open ditches restricted along highways.
- 46A-10A-73 — Drains along and across railroads--Costs.
- 46A-10A-74 — Construction of drainage facilities across railroads--Costs.
- 46A-10A-75 — Construction contracts--Bids--Preference of landowners--Bond of contractor--Construction without contract.
- 46A-10A-76 — Highway bridges and culverts--Construction--Maintenance--Modification--Costs.
- 46A-10A-77 — Construction and contracting powers of board.
- 46A-10A-78 — Maintenance and improvement of existing drains, watercourses, and levees.
- 46A-10A-79 — Apportionment of original cost to annexed area when project extended.
- 46A-10A-80 — Maintenance of drains--Assessment of costs.
- 46A-10A-81 — Jurisdiction of improved existing drain--Maintenance--Assessments.
- 46A-10A-82 — Maintenance without notice--Actions authorized.
- 46A-10A-83 — Petition for repair or improvement of drain.
- 46A-10A-84 — Repairs without contract--Cost reimbursement.
- 46A-10A-85 — Replacing drain as repair.
- 46A-10A-86 — Improvements--Survey and cost estimate--Ordering without notice.
- 46A-10A-87 — Improvements requiring notice and hearing--Reclassification of benefits--Appeal.
- 46A-10A-88 — Assessment of maintenance and improvement costs.
- 46A-10A-89 — Maintenance and assessments for drainage work in more than one county.
- 46A-10A-90 — Injury or obstruction of drainage as misdemeanor--Civil liability.
- 46A-10A-91 — Drain or watercourse constructed to prevent entry of water as nuisance--Exception.
- 46A-10A-92 — Abandonment of project--Procedure.
- 46A-10A-93 — Approval required to alter drainage rights established with federal or state funds.
- 46A-10A-94 — Accounts of expenditures maintained--Inspection.
- 46A-10A-95 — Appeal by state as to public lands.
- 46A-10A-96 — Stay of proceedings on appeal--Bond--Damages.
- 46A-10A-97 — Costs of appeals.
- 46A-10A-98 — Drainage district management by Board of Trustees.
- 46A-10A-99 — Petition for election.
- 46A-10A-100 — Election meeting--Appointments.
- 46A-10A-101 — Publication of notice of election--Votes by proxy.
- 46A-10A-102 — Election board to procure district records preceding election--Elected trustees to act asrecord custodians--Updates to district records.
- 46A-10A-103 — Voting rights of title holder.
- 46A-10A-104 — Landowner or joint landowners entitled to one vote collectively--Voting rights of minoror protected person.
- 46A-10A-105 — Voting through agent or proxy--Power of attorney to specify election for which it isused--Delivery of power of attorney.
- 46A-10A-106 — Superintendent's responsibilities--Manner and purpose of elections.
- 46A-10A-107 — Ballots and poll list--Ballot delivery.
- 46A-10A-108 — Vote count--Determination of election results--Election materials to be retained for sixtydays.
- 46A-10A-109 — Results of election to determine length of term.
- 46A-10A-110 — Trustees to appoint superintendent and clerks for subsequent election board--Determination of compensation of election board.
- 46A-10A-111 — Succeeding annual trustee elections.
- 46A-10A-112 — Trustee qualifications.
- 46A-10A-113 — Appointment to fill vacancy.
- 46A-10A-114 — Compensation of trustees and clerk of board--Filing requirements.
- 46A-10A-115 — Election of chair and clerk of board.
- 46A-10A-116 — Duties and responsibilities of board of trustees.
- 46A-10A-117 — Costs and expenses--Levy.
- 46A-10A-118 — Assessment on real property.
- 46A-10A-119 — Tax--Tax fund.
- 46A-10A-120 — Issuance of improvement certificates and drainage bonds.
- 46A-10A-121 — Record of official acts and proceedings--Filing of financial report--Examination of report.
- 46A-10A-122 — Grievances--Mediation.
- 46A-10A-123 — Special election--Notice.