Title 46A, WATER MANAGEMENT

After the hearing, if it appears to the conservation district supervisors that public interest in the conservation of the natural resources within the proposed watershed district, including wildlife, water resources, forests, and soils, will be served and protected; that the engi…

For purposes of this chapter, the term, eligible voter, has the meaning specified in this section. Only persons or public corporations that are landowners of land located within the proposed or existing watershed district are eligible to vote in the formation election or any subs…

If the initiating petition is signed by sixty percent or more of the eligible voters in a proposed district who own at least sixty percent of the land in the proposed district, the petition may be accepted by the conservation district supervisors in lieu of the favorable vote at …

Terms used in this chapter mean: (1) "Conservation district," a conservation district established in accordance with state law; (2) "District," a proposed or existing watershed district as provided in this chapter; (3) "Engineer," an engineer designated by the managers to act as …

If sixty percent or more of the votes cast at the referendum are in favor of the formation of the watershed district, then the conservation district supervisors shall proceed in its organization. If the proposition to form a watershed district is defeated at the referendum, the p…

Upon certification of a favorable petition or vote, the conservation district supervisors shall establish and create the watershed district and give it a corporate name. A watershed district created under the provisions of this chapter has perpetual existence unless dissolved or …

After creation of a watershed district, minor adjustments to the boundaries of the district may be made by the managers, without referendum, if the adjustments do not delete lands from the district that have been subject to a special assessment during the budget year or the curre…

A watershed district may annex additional areas, if the additional areas constitute a watershed as specified for a watershed district in § 46A-14-6 . The annexation shall be accomplished by either: (1) An initiating petition for the annexation by the eligible voters in the new ar…

Two or more watershed districts may be combined into a single watershed district by either: (1) An initiating petition therefor, similar to the initiating petition specified in §§ 46A-14-5 and 46A-14-8 ; or (2) Resolutions by the managers stating the desire to combine the watersh…

Upon completion of proceedings for combination of watershed districts or for annexation of additional areas to a watershed district, the conservation district supervisors shall abolish the original watershed districts. Certification of abolishment shall be made by the conservatio…

A watershed district created under the provisions of this chapter, to the extent necessary for lawful purposes as provided in this chapter, may: (1) Sue and be sued; (2) Incur debts, liabilities, and obligations; (3) Exercise the power of eminent domain only if it is necessary to…

Within thirty days after the establishment of the watershed district, the managers shall meet at the designated principal place of business of the district and shall take and subscribe the oath as defined in the Constitution of South Dakota. These oaths shall be filed with the co…

The managers shall then organize by electing one of their members chair and one vice chair. The managers shall appoint a secretary-treasurer, who is not a member of the board of managers, and whose compensation and bond shall be set by the managers. The managers shall provide the…

Before May first of each year, on dates established by the managers, an annual meeting of the district shall be held during which the eligible voters of the district shall elect, by ballot, under the direction of the secretary of the district, managers to replace those whose term…

Candidates for the board of managers shall file their written applications with the secretary of the board of managers at least thirty days before the election. All managers and candidates shall be eligible voters of the district or designees of eligible voters as provided in § 4…

Any vacancy in an unexpired term shall be filled by appointment within thirty days of the vacancy by the remaining managers. Any vacancy in an expired term for which no candidate's application has been filed pursuant to § 46A-14-38 shall be filled by appointment within thirty day…

If the conservation district supervisors receive a request to reactivate a watershed district, the conservation district supervisors shall, within ten days thereafter, by their order, fix a time and place for a hearing on the request. Notice of the hearing shall be given by the c…

If a watershed district is reactivated in accordance with § 46A-14-39.1 , the reactivated watershed district shall comply with the provisions and procedures established in §§ 46A-14-47 through 46A-14-58 to implement any new tax levy authorized under this chapter. Once the new tax…

A watershed district may be established for any of the following conservation purposes: (1) Control or allocation of damage by floods by flood prevention structures including levees; (2) Improvement of stream channels; (3) Reclaiming or filling wet and overflowed lands; (4) Provi…

The State Conservation Commission shall perform the following functions and duties with respect to watershed projects: (1) Review proposed applications for watershed planning assistance under the Federal Watershed and Flood Prevention Act (P.L. 566, 83rd Congress), as amended to …

The managers shall appoint an advisory committee consisting of not less than five members who shall be representatives of the major activities in the district including conservation district activities. The committee shall advise and make recommendations to the managers upon all …

The managers may appoint or employ an engineer, professional assistants, and such other employees as may be necessary, and provide for their qualification, duties, and compensation, which, with all other expenses may be included as a part of the cost of a project or improvement. …

Any member of a watershed district board may receive travel and subsistence expense at the rates set pursuant to chapter 3-9 . In addition, per diem, not to exceed sixty dollars per day, may be paid each member for each day of actual service for attending meetings, hearings, or i…

The board of managers shall: (1) Adopt a seal; (2) Keep a record of all proceedings, minutes, certificates, contracts, bonds, or employees and other business transacted by the managers; (3) Adopt bylaws and regulations consistent with the chapter; (4) Meet annually and such other…

In addition to the procedures provided in § 46A-14-43 for adopting watershed district bylaws, bylaws may be proposed by petition of twenty-five percent of the eligible voters of the district. The proposed bylaws shall be adopted if approved by the board of managers of the watersh…

Vested water rights, as defined by §§ 46-1-9 and 46-1-10 , are excluded from the operation of this chapter. No watershed district and no members of the watershed district have any jurisdictional authority or control over waters subject to such vested rights. Source: SL 1957, ch 4…

Vested drainage rights as defined by chapters 46A-10A to 46A-13 , inclusive, shall be excluded from the operation of this chapter, until such a time as the operation of any drainage district can be absorbed by the watershed district, to the satisfaction of the then controlling bo…

The managers shall within a reasonable length of time after qualifying, adopt an overall plan for improvements within the district for reclamation, drainage, erosion, and flood control, and improvement of lands, soils, waters, forests, wildlife, and all other authorized purposes.…

After the general improvement plan of the district has been adopted, as provided in § 46A-14-47 , the managers shall determine the order in which specific projects included in the general plan shall be undertaken and shall cause accurate surveys of all work deemed necessary to be…

Any proceeding for the establishment of a watershed district shall be initiated by the filing of an initiating petition with each conservation district in which the proposed watershed district is located. The initiating petition shall be as provided in § 6-16-2 . If the proposed …

The managers shall carefully examine the plans and hold hearings on the proposals in the plans. By resolution, the managers shall resolve whether the proposed work, or any part of the proposed work, should be accomplished and whether its cost shall be paid by a general tax levy a…

The managers may enter into a contract with the supervisors of a conservation district or districts for funds necessary for operation, maintenance, and other obligations set forth in the watershed financial plan approved pursuant to § 46A-14-51 , and funds for such purpose shall …

Upon adoption of the resolution as provided in § 46A-14-51 , the managers shall publish the resolution and a notice of hearing once each week for three consecutive weeks immediately preceding the hearing in a legal newspaper of general circulation in each county in which land of …

For purposes of implementing the general plan of improvements, no construction or related commitments requiring district payments may be entered into, no taxes or assessments levied, no bonds issued, or other financing arrangement made relating to the general plan of improvements…

In the referendum, as provided in § 46A-14-55 , the same eligibility to vote as prescribed by § 46A-14-15.1 shall govern in the case of proposed general tax levies. If special assessments are proposed, the votes of only those landowners subject to the special assessments may be c…

In lieu of tax or special assessment levies in municipalities, the managers and the governing boards of municipalities may enter into contracts for annual payments by the municipality to the district. The governing boards shall include amounts sufficient to cover the annual payme…

After completing the apportionment of benefits and the referendum pursuant to §§ 46A-14-54 and 46A-14-55 for purposes of implementing the general plan of improvements, the managers shall prepare and by resolution approve the tax or assessment levy against landowner's land and bui…

The assessed valuation for district tax purposes shall be the same assessed valuation that is used for general county levies. However, if a majority of the landowners to be taxed or assessed to finance works owns less than ten acres of land, no such landowner may be taxed or asse…

The boundaries of a watershed district may be entirely within or partly within a county or conservation district and may include the whole or any part of one or more counties or conservation districts. The land ownerships embraced within a watershed district shall be contiguous. …

When adopting a financing plan or levying taxes to cover the estimated costs of district business, including costs relating to implementing the general plan of improvements, as provided in §§ 46A-14-51 and 46A-14-54 to 46A-14-59 , inclusive, and operations and maintenance expense…

After collection the appropriate county officials shall each month deliver the taxes collected on behalf of the district to the district secretary - treasurer. Source: SL 1957, ch 492 , § 23; SL 1959, ch 452 , § 18; SDC Supp 1960, § 61.1523 (5)(c); SDCL, § 46-24-60.

Any interested party claiming to be aggrieved by such apportionment of the benefits or taxes or assessments levied in accordance therewith may appeal in accordance with procedures established by state law for review of tax levies. Source: SL 1957, ch 492 , § 24; SL 1959, ch 452 ,…

Following a favorable vote by the voters as provided in § 46A-14-55 and in anticipation of tax or special assessment collections, the managers may issue no-fund warrants to pay district obligations. However, the outstanding amounts of the no-fund warrants may not exceed the produ…

If a bond issue or other authorized long-term financing arrangement is authorized by the voters of the district, the managers shall immediately cause a written notice to be mailed to the owner or owners of each tract of land assessed of the amount of the assessment. The notice sh…

The managers may amend the general plan of improvements or adopt a supplemental plan of improvements by using, as applicable, the same provisions and procedures in §§ 46A-14-47 to 46A-14-58 , inclusive, that were used to establish the initial plan of improvements. The managers ma…

Once projects from the general plan of improvements are constructed, the managers shall provide for adequate annual maintenance of the watershed project works. They shall adopt an overall project schedule of routine operation and maintenance. They shall prepare annual operation a…