There is a newer version of the South Dakota Codified Laws
2011 South Dakota Code
Title 46A WATER MANAGEMENT
Chapter 04. Organization, Boundaries And Dissolution Of Irrigation Districts
- §46A-4-1 Creation of irrigation district--Filing petition--Number of electors required.
- §46A-4-2 Elector defined.
- §46A-4-3 Petition to organize irrigation district--Number of signers--Boundaries to be described--Request for organization.
- §46A-4-3.1 Petition--Signing by electors--Form--Affidavit of circulator.
- §46A-4-4 Petition for formation of irrigation district--Map of proposed district to accompany, contents.
- §46A-4-4.1 Notice of hearing to consider petition--Publication--Contents--Approval of petition--Fixing date for election.
- §46A-4-5 to 46A-4-7. Repealed.
- §46A-4-8 Inclusion in irrigation district of lands capable of being irrigated from works in proposed district.
- §46A-4-9 Ditches or canals constructed before July 1, 1917, and lands watered by them--Exemption--Rights of ditches already constructed.
- §46A-4-10 Holding or taxing nonirrigable land for irrigation purposes.
- §46A-4-11 Repealed.
- §46A-4-12 Change in proposed boundaries by board--Exclusion of certain lands from district.
- §46A-4-13 Repealed.
- §46A-4-14 District divided into divisions by board--Size and number--Election of directors--Terms--Assessment of property within district.
- §46A-4-14.1 Division representing tribal or trust lands--Excepted from chapter.
- §46A-4-15 Notice of election on proposed district--Date of election--Contents of notice--Publication--Ballot form.
- §46A-4-15.1, 46A-4-16. Repealed.
- §46A-4-17 Persons qualified to vote at elections.
- §46A-4-18 Corporate ownership of lands within proposed or existing irrigation districts--Designation of agent to vote in behalf of elections for organization of district.
- §46A-4-19 Election procedure--Applicability of general laws--Resolution declaring district organized--District as political subdivision.
- §46A-4-20 Resolution declaring district organized--Filing for record.
- §46A-4-21 Election of director for each division.
- §46A-4-22 Unentered public lands a major portion of district--Appointment of majority of directors by secretary of interior--Term of office.
- §46A-4-23 Directors elected at large as a result of appointment of majority of directors by secretary of interior--Term of office.
- §46A-4-24 Directors elected at election to establish district--Terms of office--Tie election, procedure.
- §46A-4-25 Annual election of directors--Nomination--Election by receiving highest number of votes.
- §46A-4-26 Hours of voting.
- §46A-4-27 Directors to be electors of division--Residence.
- §46A-4-27.1 Nominating petitions for initial board of directors--Election not required if only one petition--Notice of vacancies and election--Results and certificate of election.
- §46A-4-28 Nominating petition for directors--Filing--Form--Signers.
- §46A-4-29 Repealed.
- §46A-4-30 Election not required where no question or contest--Retention of office by incumbent.
- §46A-4-31 Notices of election after organization of district--Publication and posting.
- §46A-4-32 Elections after district organized and first set of directors elected--Voting by mail.
- §46A-4-33 Precinct election officers--Appointment by board of directors or electors.
- §46A-4-34 Chair of election board--Oaths.
- §46A-4-35 Precinct election boards--Oaths of members, administration, and certification.
- §46A-4-36 Canvass of votes by board--Time and place.
- §46A-4-37 Declaration of election results--Certificate of election.
- §46A-4-38 Statement of election results--Filing--Contents.
- §46A-4-39 Vacancy in office of board of directors--Filling--District treasurer appointed by board.
- §46A-4-40 Elected directors--Qualifying--Term of office--Time for assumption of duties.
- §46A-4-41 Directors' and officers' oath of office--Official bonds.
- §46A-4-42 District appointed fiscal agent of United States to collect money for federal reclamation project--Additional bond required--Right to sue on bond.
- §46A-4-43 Bond of officers and directors--Form--Obligee--Cost of surety bonds, payment by the district.
- §46A-4-44 Organization meeting of board of directors--Election of president and vice-president--Appointment of secretary.
- §46A-4-45 Meetings of directors--Special meetings--Open to public--Quorum--Vote required for action.
- §46A-4-46 Records of board of directors open for inspection--Publication of statement of proceedings--Filing of list of expenditures.
- §46A-4-47 Compensation of district directors--Payment from district fund.
- §46A-4-48 Powers and duties of board of directors of district--Distribution and printing of bylaws and procedures--Water rights appurtenant to land.
- §46A-4-49 Interest in contract of district or acceptance of bribe by director or officer as felony.
- §46A-4-50 Change of irrigation district boundaries--Exclusion of land within boundaries.
- §46A-4-51 Common school and endowment irrigable lands within district--Sale--Inclusion in district.
- §46A-4-52 Assent of secretary of interior necessary for change in boundaries of district contracting with United States.
- §46A-4-53 Petition for inclusion of tract of land within boundaries of irrigation district--Contents.
- §46A-4-54 Participation by conservators and personal representatives of estates.
- §46A-4-55 Change of boundaries of irrigation district--Notice of filing of petition, contents--Time and place of hearing by board of directors--Cost of proceedings, advancement by petitioners.
- §46A-4-56 Hearing on petition to change boundaries--Adjournment--Assent to change.
- §46A-4-57 Rejection of petition to change boundaries--Resolution of board--Contents.
- §46A-4-58 Land not included in irrigation district unless owner or lessee obligated to pay assessments or charges.
- §46A-4-59 Payment by petitioners of share of original district assessments as condition for granting petition.
- §46A-4-60 Board order for election on filing of protests--Publication of notice--Ballots--Boundary descriptions.
- §46A-4-61 Order of board in conformity with election results on boundary change.
- §46A-4-62 Filing and recording of order changing boundaries--Effect of change.
- §46A-4-63 Petition for change of boundaries of irrigation district--Recording in minutes of board of directors, admissibility as evidence.
- §46A-4-64 Redivision of district following inclusion of land--Election precints.
- §46A-4-65 Exclusion of contiguous tracts of land from district--Petition--Contents.
- §46A-4-66 Notice of petition to exclude land--Publication--Contents--Time for hearing.
- §46A-4-67 Hearing on petition to exclude land--Assent of interested persons.
- §46A-4-68 Resolution for exclusion of land when bonds or federal contract outstanding--Bondholders' or federal assent required--Assent waived by terms of bond issue.
- §46A-4-69 Grant or denial of petition to exclude land from district--Best interests of district--Conditions for exclusion.
- §46A-4-70 Election ordered on exclusion after objections filed--Publication of notice--Contents--Conduct of election.
- §46A-4-71 Majority vote against exclusion, denial and dismissal of petition--Majority vote in favor of exclusion, order of board of directors excluding land from irrigation district, contents.
- §46A-4-72 Order excluding land from irrigation district--Entry in minutes of board of directors--Filing and recording--Effect of order.
- §46A-4-73 Exclusion of land from irrigation district--Refunding of assessments.
- §46A-4-74 Exclusion of land from irrigation district--Effect of change on office of director.
- §46A-4-75 Exclusion of land from irrigation district--Redivision of district by board of directors--Election precincts, establishment, change from time to time.
- §46A-4-76 Resolution to exclude unproductive lands from district--Reasons--Service on owners and residents--Publication of notice.
- §46A-4-77 Hearing on exclusion of unproductive lands--Time and place--Objections--Failure to object deemed consent--Rescission of resolution or adoption of second exclusion resolution.
- §46A-4-78 Motion to reconsider exclusion of unproductive lands--Time--Appeal to circuit court--Contents--Trial--Filing of final resolution.
- §46A-4-79 Rearrangement or reapportionment of district divisions upon exclusion of lands--Effects of exclusion--Procedural defects--Resolutions and bylaws.
- §46A-4-80 Subirrigated land--Relief from district assessments--Recording of suspension order.
- §46A-4-81 Dissolution of district--Petition by majority of assessment payers--Calling of election by board--Notice of election.
- §46A-4-82 Dissolution of district contracting with United States--Assent of secretary of interior--Recording.
- §46A-4-83 Election ballots on dissolution of district--Form and contents--Conduct of election.
- §46A-4-84 Certification of election returns and ballots--Canvass of returns-- Declaration of result--Recording.
- §46A-4-85 Vote against dissolution precludes another election during year.
- §46A-4-86 Majority vote for dissolution of irrigation district--Notice by board of directors to creditors of district--Settlement of claims.
- §46A-4-87 Raising of money to pay debts--Valuation of property by appraisers--Appointment--Report.
- §46A-4-88 Sale of property by board of directors--Advertisement--Notice of sale--Consideration of bids of purchasers by board of directors.
- §46A-4-89 Rejection of bids for purchase of property--Private negotiations for sale--Deferred payments--Lien--Foreclosure.
- §46A-4-90 Additional security for deferred payments--Collection.
- §46A-4-91 Bonds and obligations of district--Redemption after sale of property on dissolution of district.
- §46A-4-92 Payment of outstanding obligations with proceeds of property sales--Prices paid.
- §46A-4-93 Proceeds of sale of property on dissolution of irrigation district insufficient to pay debts--Assessments against lands in the district.
- §46A-4-94 Disposal of property--Payment of obligations--Report of board--Filing and recording--Contents--Time for action on unpaid claim.
- §46A-4-95 Validation of previously created irrigation districts.
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