There is a newer version of the South Dakota Codified Laws
2014 South Dakota Codified Laws
Title 46A - WATER MANAGEMENT
Chapter 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.
- § 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 divisions.
- § 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 Investigation of proposed district and works by Board of Water and NaturalResources--Costs.
- § 46A-9-16 Declaration of feasibility of proposed project and conformance to publicconvenience--Dismissal of petition or certificate of feasibility--Filing of certificate--District as public corporation.
- § 46A-9-17 Validation of prior districts and boundaries--Validation of prior proceedings, bonds,and contracts.
- § 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--Contents--Filing.
- § 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 Action by Board of Water and Natural Resources on petition for extension of district--Certificate of approval--Filing--Effect.
- § 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 Hour and place of election.
- § 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 Director to be landowner or entryman.
- § 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 Reimbursement of expenses and compensation of board members.
- § 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 Powers of corporation for public purposes--Acquisition and disposition of property.
- § 46A-9-41 Acquisition, management, use, and operation of works and property--Disposition ofworks.
- § 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--Appraisement of private property or 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 power to tax or levy assessments--Others have no liability for districtindebtedness or obligations.
- § 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--Gifts.
- § 46A-9-50 Cooperation with United States in acquisition and disposition of property.
- § 46A-9-51 Eminent domain laws applicable to irrigation districts apply.
- § 46A-9-52 Contracts governed by public agency procurement law.
- § 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 Certain proposed works exempt from competitive bidding requirements.
- § 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 Prices, rates, and charges--Contracts.
- § 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 Deposit of funds--Payment of claims.
- § 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 Sale of unneeded works--Submission of question to Board of Water and NaturalResources--Special election--Notice--Majority vote 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--Special election--Notice--Conditions for dissolution.
- § 46A-9-74 Dissolution complete upon resolution of board canvassing vote--Filing.
- § 46A-9-75 Cancellation of applications for appropriation of water upon dissolution.
- § 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.
- § 46A-9-84 Group insurance for members of board of directors.
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