South Dakota 09 — Water User Districts
- 46A-9-1 — Purpose of chapter.
- 46A-9-2 — Definition of terms.
- 46A-9-3 — Organization--Actions by and against--Creation and incorporation.
- 46A-9-4 — Petition for organization of district--Filing with and approval by board--Contents--Naming of directors.
- 46A-9-5 — Lands included in district.
- 46A-9-6 — Organization within territorial boundaries of another district.
- 46A-9-7 — Directors--Election at large or from election divisions--Boundaries of divisionsdescribed in petition for organization.
- 46A-9-8 — Grouping of directors elected at large--Term of office.
- 46A-9-9 — Petition for organization of district--Number of signatures required--Name, postoffice address, and location of land of petitioner.
- 46A-9-10 — Instruments constituting petition for organization of district--Affidavit of circulatoras to signatures on each sheet--Form.
- 46A-9-11 — Maps, plans and estimates accompanying petition for organization of district--Location of lands within proposed district.
- 46A-9-12 — Examination of petition by Department of Water and Natural Resources to determinecompliance with law--Noncompliance with law, dismissal of petition.
- 46A-9-13 — Publication of petition for organization of district.
- 46A-9-14 — Protest against organization of district--Right to file with Board of Water and NaturalResources--Determination of validity by board.
- 46A-9-15 — Petition complying with requirements of law--Investigation of proposed district andworks by Board of Water and Natural Resources, security for costs.
- 46A-9-16 — Declaration of board as to feasibility of proposed project and conformance to publicconvenience--Dismissal of petition where project not feasible--Finding of feasibilityand public convenience, certificate, approval of petition--Filing of certificate, effect,district designated as public corporation.
- 46A-9-17 — Validation of prior districts and boundaries--Validation of proceedings, bonds, andcontracts--Pending proceedings excepted.
- 46A-9-18 — Board of directors--Qualification upon filing certificate of organization--Vacancycreated by failure to qualify--First meeting.
- 46A-9-19 — Additional territory, inclusion in district.
- 46A-9-20 — Extension of district--Petition to include additional territory, filing, verification,number of signers, resolution of board of directors.
- 46A-9-21 — Petition for expansion of district--Map showing location of lands to be included toaccompany--Plans and estimates.
- 46A-9-22 — Publication of notice for extension of district--Filing of protest.
- 46A-9-23 — Petition for extension of district--Action by Board of Water and Natural Resources--Certificate of approval, filing, effect, included areas constituted part of district.
- 46A-9-23.1 — Exclusion of lands from district--Grounds--Procedure.
- 46A-9-23.2 — Notices of hearing on exclusion--Protests.
- 46A-9-24 — Members of board of directors succeeding original board--Nomination and election--Term of office.
- 46A-9-25 — Board of directors--Hour and place of election, fixing--Presiding at elections.
- 46A-9-26 — Election of directors--Voting rights.
- 46A-9-27 — Notice of election time, place, and purpose--Mailing or publication.
- 46A-9-28 — Registration of voters--Conduct of election--Costs.
- 46A-9-29 — Candidate to fill vacancy or succeed an outgoing director--Vote necessary forelection.
- 46A-9-30 — Qualification for office as a member of the board of directors--Landowner orentryman of district.
- 46A-9-31 — Removal of members of board of directors from office--Grounds--Procedure.
- 46A-9-32 — Vacancies on board of directors--Declaration of existence--Filling--Member electedto fill, term of office.
- 46A-9-33 — Compensation of members of board of directors.
- 46A-9-34 — Officers--Election by board of directors--Appointment of executive committee andother employees.
- 46A-9-35 — Bond of treasurer.
- 46A-9-36 — Corporate powers of district vested in board of directors.
- 46A-9-37 — Bylaws and procedures--Adoption by board of directors--Minutes of meetings--Records of account, kept at principal place of business, open to public inspection.
- 46A-9-38 — Indemnification of directors, officers, employees, or agents of districts.
- 46A-9-39 — Powers of district.
- 46A-9-40 — Acquisition of property by district--Powers of a corporation for public purposes--Disposition of unneeded property.
- 46A-9-41 — Right of district to acquire, manage, use, or operate works and property incidentalthereto--Disposition of works.
- 46A-9-42 — Transfer of obligations of nonprofit rural water supplier or wastewater systemoperator to water user district, sanitary district, or municipality--Majority vote ofdistrict.
- 46A-9-43 — Contracts with governmental agencies authorized for certain purposes.
- 46A-9-44 — Extraterritorial powers of district.
- 46A-9-45 — Appropriation of waters of state by district--Interference with existing water rightsforbidden.
- 46A-9-46 — Eminent domain--Exercise of power by district--Appraisement of private propertyor interest.
- 46A-9-46.1 — Municipal approval of location of wastewater plant or system--Exception for existingplant or system.
- 46A-9-47 — District has no taxing powers.
- 46A-9-48 — Costs of operation of district--Contract for payment of rent or charge for waterstorage or water supply.
- 46A-9-49 — Grants or loans, power to obtain--Authority of district to accept gifts.
- 46A-9-50 — Cooperation of district with the United States in acquisition and disposition ofproperty.
- 46A-9-51 — Eminent domain laws applicable to irrigation districts apply.
- 46A-9-52 — District contracts to be governed by chapter 5-18.
- 46A-9-53 — Filing of plans and specifications--Advertisement for bids.
- 46A-9-54 — Contracts for proposed construction work--Employment of citizens of state--Bondof contractor.
- 46A-9-55 — Cost of proposed works met by governmental agency--Board of directors mayproceed without advertising for bids.
- 46A-9-56 — Borrowing power of district--Sources from which obligations payable--Authorization, issuance, and sale of bonds.
- 46A-9-57 — District obligations--Pledge of revenue for payment--Collateral security for loan.
- 46A-9-58 — Refunding of district obligations.
- 46A-9-59 — Revenues of district--Payment into special fund--Collection and disposition ofspecial fund, terms, and conditions.
- 46A-9-60 — Agreement between directors and holders of district obligations as to charges forwater, sewage disposal, or other services.
- 46A-9-61 — Rates and charges of district--Establishment by board of directors, exception.
- 46A-9-62 — Default in payment of money specified in agreement--Termination of contract--Rightto recovery not affected by discontinuation of services.
- 46A-9-63 — Funds of district--Creating by board of directors--Identification--Separate accounts.
- 46A-9-64 — Construction fund--Deposit of bond proceeds--Credit of interest received upondeposits--Disbursements--Balance transferred to debt service fund.
- 46A-9-65 — Water or wastewater fund--Credit of revenue of works and operations--Payment ofoperation and maintenance costs.
- 46A-9-66 — Debt service fund--Transfer of balance from water fund--Moneys pledged forpayment of evidences of indebtedness.
- 46A-9-67 — Disbursement of funds--Approval of board of directors--Warrants for payment ofexpenses, exception.
- 46A-9-68 — Fiscal year--Audit of financial affairs by board of directors, filing of written report.
- 46A-9-69 — Disposition of water supply works, drainage works, or wastewater systems.
- 46A-9-70 — Resolution of board of directors for sale of unneeded works--Submission of questionto board of water and natural resources--Approval by board, calling of specialelection for submission of question to voters, notice and conduct of election, majorityvote authorizes sale.
- 46A-9-71 — Mortgage or hypothecation of property to secure payment of loans fromgovernmental agencies.
- 46A-9-72 — Mortgage or trust deed to secure payment of borrowed money--Foreclosure upondefault and appointment of receiver.
- 46A-9-73 — Dissolution of district, majority vote of voters at special election called for thatpurpose, notice of election--Nonownership of property or rights--No outstandingcontracts.
- 46A-9-74 — Dissolution of district--Completion upon resolution of board of directors--Filing ofresolution.
- 46A-9-75 — Dissolution of district--Cancellation of applications for appropriation of water.
- 46A-9-76 — Municipalities excepted from chapter--Contracts with district.
- 46A-9-77 — Irrigation districts--Powers and functions unaffected by chapter.
- 46A-9-78 — Retirement system--Participation.
- 46A-9-79 — Appointment of water master.
- 46A-9-80 — Duties of water master.
- 46A-9-81 — Removal of water master.
- 46A-9-82 — Grievance appeal.
- 46A-9-83 — Water Management Board not affected.