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South Dakota Statutes, Title 46A

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South Dakota/Statutes

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Title 46A, WATER MANAGEMENT

28 chapters · 949 sections in this title.

All chapters in Title 46A949 Ch 10A, COUNTY DRAINAGE136 Ch 1, STATE WATER RESOURCES MANAGEMENT109 Ch 4, ORGANIZATION, BOUNDARIES AND DISSOLU…92 Ch 9, WATER USER DISTRICTS89 Ch 14, WATERSHED DISTRICTS73 Ch 18, WATER PROJECT DISTRICTS70 Ch 7, IRRIGATION DISTRICT ASSESSMENTS AND …47 Ch 10B, DRAINAGE BASIN UTILITY DISTRICTS44 Ch 6, IRRIGATION DISTRICT CONTRACTS AND FI…42 Ch 11, DRAINAGE ASSESSMENTS AND BONDS36 Ch 13, INTERSTATE DRAINAGE DISTRICTS36 Ch 2, SOUTH DAKOTA CONSERVANCY DISTRICT33 Ch 5, IRRIGATION DISTRICT PROJECTS AND OPE…30 Ch 3A, WATER DEVELOPMENT DISTRICTS--ESTABLI…19

9 sections·Filtered byTitle 46A✕Ch 11A✕

SDCL § 46A-11A-1 Statewide mediation program to assist property owners in resolving disputes over surface or subsurface water drainage
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The Department of Agriculture and Natural Resources shall establish and administer a statewide mediation program to provide assistance to property owners who seek to use mediation as a method to resolve disputes over the surface or subsurface drainage of water. The secretary of t…
SDCL § 46A-11A-2 Staff services provided by Department of Agriculture and Natural Resources
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All staff services required by the drainage mediation program shall be provided by the Department of Agriculture and Natural Resources. The secretary of agriculture and natural resources may employ agents and employees as the secretary deems necessary. The mediation services shal…
SDCL § 46A-11A-3 Fees--Farm mediation operating fund
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Any fees incurred in the mediation process provided under this chapter and by rule shall be borne equally between the parties to the drainage dispute. The fees shall be deposited in the farm mediation operating fund. All money in the farm mediation operating fund is continuously …
SDCL § 46A-11A-4 Contracts for mediation services

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The Department of Agriculture and Natural Resources, in the administration of this chapter, may contract with one or more governmental entities, nonprofit corporations, individuals, or other entities as determined by the Department of Agriculture and Natural Resources to provide …

SDCL § 46A-11A-5 Parties to drainage dispute, property owners, and governmental entities affected by drainage activity--Meeting notice--Publication of public notice

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The requesting party shall promptly provide to the Department of Agriculture and Natural Resources, upon the agreement of at least two parties to enter into the mediation program created under this chapter, a list of other parties to the drainage dispute and any property owner an…

SDCL § 46A-11A-6 Written agreements

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Any agreement reached between the parties to the drainage dispute as a result of mediation shall be drafted into a written agreement. If signed by the parties, the agreement constitutes a binding contract, and the mediator shall so certify. Source: SL 2015, ch 226 , § 6.

SDCL § 46A-11A-7 Confidentiality of information

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Information relating to the dispute between the parties to the drainage dispute which is disclosed to the mediator or which is created, collected, or maintained by the Department of Agriculture and Natural Resources mediation program pursuant to the terms of this chapter is confi…

SDCL § 46A-11A-8 Immunity of mediators

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Any person serving as a mediator pursuant to this chapter is immune from civil liability in any action brought in any court in this state on the basis of any act or omission resulting in damage or injury if the person was acting in good faith, in a reasonable and prudent manner, …

SDCL § 46A-11A-9 Intervention in mediation process

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Any person or party that claims to be impacted by the planned drainage activities, upon timely notice, is allowed to intervene in the mediation process if the person's or party's claim of impact is supported by a claim that the person or party owns or administers real property im…