2011 South Dakota Code
Title 46A WATER MANAGEMENT
Chapter 10A. County Drainage
§46A-10A-116 Powers and duties of board of trustees.

46A-10A-116. Powers and duties of board of trustees. The board of trustees may control, supervise, and manage the district. Subject to the legal controls for drainage management under § 46A-10A-20, the board of trustees may, in conformity with any applicable local, state, and federal laws, rules, ordinances, and regulations:

(1) Clean out, repair, and maintain an existing drainage ditch;

(2) Deepen, widen, or enlarge a drainage ditch;

(3) Create a new drainage ditch, or relocate an existing drainage ditch;

(4) Extend an existing drainage ditch;

(5) Acquire lands for right-of-way for ditches by purchase or condemnation or any other lawful method in conformity with chapter 21-35 and any other provision of state law;

(6) Repair levies, dikes, and barriers for the purpose of drainage;

(7) Regulate the flow and direction of water to prevent downstream flooding;

(8) Employ or contract with an engineer, hydrologist, surveyor, appraiser, assessor, legal counsel, or any other specialists as they deem necessary to carry out the powers and duties conferred by §§ 46A-10A-98 to 46A-10A-123, inclusive;

(9) Let contracts for construction, maintenance, repair, or other necessary work pursuant to the provisions of chapters 5-18A and 5-18B and § 46A-10A-75. No member of the board of trustees may have any interest in any contract or employment entered into pursuant to this subdivision or subdivision (8);

(10) Request the county commission or township board of supervisors to replace, repair, remove, and enlarge public highway culverts and bridges, pursuant to §§ 46A-10A-76, 31-12-19, 31-14-2, and 31-14-27;

(11) Grant a request by a landowner to annex the landowner's land to the district and apportion the costs of clean out, maintenance, or construction according to the benefits received and subject to approval by a majority of the eligible landowners voting in a special election held by the board of trustees in conjunction with the district's annual election; and

(12) Reclassify benefits and apportion costs of clean out, extension, enlargement, repairs, or improvements among landowners benefitting therefrom, if the landowners have land located within the drainage district.

Source: SL 1997, ch 256, § 19; SL 2011, ch 2, § 151.