Title 46A — WATER MANAGEMENT
28 chapters · 1,041 sections in this title.
SDCL § 46A-13-1 Petition for formation of interstate drainage district--Filing with clerk of court--Landowner qualifications--Time and place for hearing--Notice
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At least fifty affected South Dakota resident landowners, or the county commissioners of any affected county, may file a petition with the clerk of the circuit court for the affected county requesting the formation of a drainage district as provided in this chapter. The provision…
SDCL § 46A-13-10 Petition for improvement of interstate drainage project--Filing with commission, Contents--Jurisdiction--Joint survey--Appointment of engineers
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At least twenty-five South Dakota resident owners of not less than ten acres of land each within an interstate drainage district formed pursuant to this chapter, or the governing body of any county or municipality located within the district that is likely to be affected by a pro…
SDCL § 46A-13-11 Bond of petitioners requesting improvement of interstate drainage project--Sureties, approval by commission--Amount--Conditions
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Before acting upon the petition for such improvements, such interstate drainage district commission shall require the petitioners to furnish a bond with proper sureties to be approved by such commission in such sum as it may designate, to secure the payment of all expenses which …
SDCL § 46A-13-12 Survey and report of engineers--Time for completion and filing
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The interstate drainage district commission and the authorities representing drainage in the adjoining state may make all necessary orders and regulations relative to the making of the survey and report of the engineers appointed under § 46A-13-10 and may specify all information …
SDCL § 46A-13-13 Proposed improvement of interstate drainage project affecting water of United States--Use of government surveys or plans
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In the event the proposed improvement affects a navigable stream or body of water, and as such is under the control of the United States government, any surveys or plans for improvements made and furnished by the United States government engineers which may be submitted may be us…
SDCL § 46A-13-14 Report of survey by engineers--Consideration by commission and officials of adjoining state--Joint plan for construction of improvement--Order to be record of commission
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Upon the filing of the report of the engineers appointed to make the joint survey, which in all instances shall be made at the earliest possible date, the interstate drainage district commission, together with the representatives of the adjoining state or states, shall consider t…
SDCL § 46A-13-15 Commission of viewers--Appointment--Report
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Upon the adoption of the joint plan, the interstate drainage district commission, together with the representatives of any adjoining state, may appoint a commission of viewers consisting of three disinterested persons, at least one of whom shall be a citizen of this state, who ma…
SDCL § 46A-13-16 Estimation of total cost of construction of proposed improvement of interstate drainage project
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In estimating the probable total cost of the construction of such improvement, all damages resulting therefrom and all expenses and fees attending the same, including counsel fees, except the expenses of the representatives of the various states, may be included. Source: SDC 1939…
SDCL § 46A-13-17 Agreement of commission and representatives of adjoining state as to amount of costs to be borne by property within the respective states--Hearings
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Upon the filing of a copy of the viewers' report with the commission of the drainage district, the commission and the proper representatives of any adjoining state shall agree upon the proportionate amount of the cost of the improvement that shall be borne by the property located…
SDCL § 46A-13-18 Determination by commission fixing proportion of cost payable by district--Finality
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The determination so made by the drainage commission fixing the proportion of the cost of the proposed improvement that shall be paid by such drainage district shall be final and conclusive on all persons and property within such district in case the improvement is constructed. S…
SDCL § 46A-13-19 Joint plan for proposed improvement of interstate drainage project--Establishment--Determination of proportion of cost to be borne by respective states--Hearing on petition to construct
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After the establishment of the joint plan and the determination of the proportion of cost which shall be borne by the respective states, the drainage commission shall fix a time and place within the district for the hearing of the petition to construct such improvement according …
SDCL § 46A-13-2 Petition for formation of interstate drainage district--Jurisdiction of circuit court--Hearing--Determination of boundaries of district--Designation of name
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Upon the filing of such petition and the giving of such notice, such circuit court shall have full jurisdiction of all matters referred to in such petition. Upon the hearing specified in such notice such court shall have full authority by order to fix and determine, and shall by …
SDCL § 46A-13-20 Hearing on proposed improvement of interstate drainage project--Notice, publication and posting, description of plan, summoning of interested persons
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Notice of such hearing shall be given by publication for two consecutive issues in a legal weekly newspaper of each county affected by the proposed improvement, and by posting copies of such notice in at least three public places near the route of the proposed drainage within the…
SDCL § 46A-13-21 Hearing on proposed improvement of interstate drainage project--Appearance for or against
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At such hearing any person interested may appear for or in opposition to the statements of the petition and matters set forth in the engineers' and viewers' reports and findings and agreement of the drainage commission with the representatives of the other state or states for a j…
SDCL § 46A-13-22 Adjournment of hearing on proposed improvement of interstate drainage project, purposes--Modification of joint plan, recording
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Such drainage commission may in its discretion adjourn such hearing for the purpose of conferring with the representatives of the other state or states relative to modifying the joint plan, or relative to modifying the findings as to the proportion of the cost to be borne by each…
SDCL § 46A-13-23 Denial of petition for drainage improvement--Grounds--Liability of petitioners for costs of proceeding
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If the drainage commission has fully heard and considered the petition and the joint plan as adopted or modified, the report of the engineers and viewers, and the determination as to the proportion of cost to be borne by this state, and if the commission finds the proposed draina…
SDCL § 46A-13-24 Establishment of drainage improvement by commission--Grounds--Designation of name
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If the drainage commission finds the drainage improvement proposed and finally agreed upon with the representatives of the other state or states conducive to the public health, convenience, or welfare, or necessary or practicable for draining agricultural lands, and that the cost…
SDCL § 46A-13-25 Costs borne by state--Assessments--Warrants
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The cost of services and expenses of the drainage commission, all fees, costs and expenses relating to the procedure for assessing damages, costs of the equalization of benefits and costs of making assessments and issuance of warrants or bonds shall be added to the proportionate …
SDCL § 46A-13-26 Damages caused by construction of proposed improvement--Assessment, hearing, appeal
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The drainage commission shall also assess the damages sustained by each tract of land or other property within this state by the construction of the proposed improvement, and fix the compensation for any land or property taken or damaged. Any person interested may be heard in the…
SDCL § 46A-13-27 Establishment of drainage improvement and determination of damages--Equalization of benefits
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After the establishment of the drainage improvement and the determination of the damages, if any, the drainage commission shall fix the proportion of benefits of the proposed drainage among the lands or municipal corporations affected and equalize the same in like manner and afte…
SDCL § 46A-13-28 Assessments for portion of cost of construction of drainage improvement required to be paid by drainage district--Property subject to assessment
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After the establishment of the drainage improvement and the determination of the damages and the fixing of the proportion of benefits by the drainage commission, such commission shall proceed to raise the money with which to pay the portion of the cost of the construction of such…
SDCL § 46A-13-29 Bonds to raise money for portion of cost of construction of drainage improvement required to be paid by drainage district--Issuance and sale
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For the prompt raising of money with which to bear the proportionate cost of such proposed drainage improvement, such commission may issue bonds in the same manner and with the same effect as boards of county commissioners are authorized to issue bonds in drainage proceedings. Su…
SDCL § 46A-13-3 Powers of interstate drainage district--Public corporation--Suits by and against district
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Such drainage district shall be and become a public corporation under the laws of this state and may sue and be sued and have and exercise the powers conferred by this chapter or any other provision of the laws of this state relating to drainage districts. Source: SDC 1939, § 61.…
SDCL § 46A-13-30 Assessments for drainage purposes--Authority of commissioners of interstate drainage district
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All of the provisions of the laws of this state relating to the making of assessments by the board of county commissioners for drainage purposes, so far as the same shall be applicable and not inconsistent with the provisions of this chapter, shall apply to assessments by such dr…
SDCL § 46A-13-31 Special assessment order of commissioners of interstate drainage district--Certified copy filed with county treasurer--Lien of assessment--Collection and disbursement of assessments
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After the drainage commission makes a special assessment, a certified copy of the order making the assessment, or as much as relates to property within each county, shall be filed with the county treasurer of each county for collection. From the time of filing, the assessments ar…
SDCL § 46A-13-32 Construction of drainage improvement--Provision for necessary funds--Letting of contract--Advertising for bids--Joint arrangements
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If the funds necessary to complete the improvement are provided by the proper authorities of each affected state, the commission in this state may join with the court or tribunal of any other affected state and, by acting jointly or by a commission appointed by the affected state…
SDCL § 46A-13-33 Maintenance and repair of drainage improvement constructed by joint arrangement--Assessments
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The maintenance and repair of any drainage improvement constructed by joint arrangement with the authorities of any other state, under the provisions of this chapter, may be provided for by joint arrangement with the other state in the same manner as the drainage improvement was …
SDCL § 46A-13-34 Absence of arrangement for joint action--Repair and maintenance treated as drainage improvement within state
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In the absence of such an arrangement for joint action, the repair and improvement of any such drainage shall be treated as a drainage improvement within the state, and its repair and maintenance within the limits of this state shall be provided for in accordance with the drainag…
SDCL § 46A-13-35 Defects not affecting substantial rights disregarded in suit to avoid assessment or invalidate proceeding--Substantial defect--Rights of parties determined by court-Reassessment
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Any defect or irregularity not affecting the substantial rights of the parties interested, occurring in any proceeding under this chapter, shall be disregarded in any action or proceeding seeking to avoid any assessment or to cancel, annul, or declare void any proceeding held und…
SDCL § 46A-13-36 Appeal from final determination of commission to circuit court--Manner and time of taking--Effect of taking
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An appeal shall lie from any final order or determination of the drainage commission fixing damages occasioned by the making of the drainage improvement, or fixing the proportion of assessments of benefits, to the circuit court for the county in which the property affected is loc…
SDCL § 46A-13-4 Governing commission of interstate drainage district--Number and selection of members
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After the formation of the drainage district as prescribed in §§ 46A-13-1 to 46A-13-3 , inclusive, a governing commission of three members shall be chosen as provided in this section. If the territory included within the district is within a single county, the governing board sha…
SDCL § 46A-13-5 Governing commission of interstate drainage district--Qualifications of members--Term of office of commissioners--Vacancies on commission, filling
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Such governing board shall consist of three resident freeholders of this state, who shall be voters of the drainage district and who shall be known as the commissioners of such district. Such commissioners shall hold office for a period of two years from and after the date of the…
SDCL § 46A-13-6 Commissioners of interstate drainage district--Oath of office, filing--Bond, filing, approval by board of county commissioners
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The commissioners of such drainage district shall take the oath and give the bond provided by law for members of the board of county commissioners, which oath and bond shall be filed with the county auditor of the county wherein the petition for the formation of the drainage dist…
SDCL § 46A-13-7 Organization of commission--Time--Officers--Costs
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The commissioners shall, within ten days after their appointment, meet at some convenient place within the drainage district and elect one of their members as chair. They shall appoint the county auditor of one of the counties having territory included within the district clerk o…
SDCL § 46A-13-8 Compensation of commissioners
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The commissioners of such drainage district shall be paid the sum of seven dollars per day for each day actually and necessarily spent in performing the duties of their office and in addition their actual expenses incurred in performing such duties. Source: SDC 1939, § 61.1102; S…
SDCL § 46A-13-9 Contract for joint action with adjoining state for drainage or flood control
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The commissioners of a drainage district formed pursuant to this chapter may, if necessary or expedient to carry out the purposes of this chapter, enter into a contract or agreement with the court, board, or tribunal of an adjoining state having authority relative to drainage mat…