Title 46A — WATER MANAGEMENT

Mar. 26, 2020.

Source: SL 1971, ch 255 ; SDCL Supp, § 46-24-52.1; SL 1985, ch 77 , § 39.

In order to carry out conservation of the natural resources of the state through land utilization, flood control, and other needs, upon sound scientific principles, for the protection of the public health and welfare and the provident use of the natural resources, the creation of…

46A-14-11 Duties of supervisors on receipt of initiating petition. 46A-14-12

Upon receipt of the initiating petition by the conservation district, its supervisors shall: (1) Acknowledge receipt of the petition; (2) Determine, by working in cooperation with the auditor of each county in which a portion of the proposed district is located, whether the petit…

46A-14-13 Time and place for hearing on initiating petition--Publication of notice--Contents. 46A-14-14 Hearing by conservation district on petition--Right of interested persons to be heard. 46A-14-15 Determination that public interest would be served by creation of district--Ele…

If the conservation district supervisors and county auditors determine that a sufficient initiating petition has been filed, the conservation district supervisors shall within ten days, thereafter, by their order, fix a time and place, for a hearing on the petition. Notice of the…

At the time and place fixed for the hearing all persons interested in or affected by the proposed formation of the district shall be given an opportunity to be heard. The conservation district supervisors may continue the hearing from time to time as they may deem necessary. Sour…

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 …

46A-14-18 46A-14-18 to 46A-14-25. Repealed by SL 1998, ch 36 , §§ 64 to 71 46A-14-26 Organization to proceed on sixty percent favorable vote--New proposal permitted on defeat. 46A-14-27

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…

46A-14-28 Name of district--Perpetual existence--Findings and order--Political subdivision. 46A-14-29

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 …

46A-14-30 Boundaries--Minor adjustments by managers without referendum--Exception. 46A-14-31 Annexation of additional areas to watershed district--Procedure. 46A-14-32 Combining of two or more watershed districts into one district--Procedure. 46A-14-33 Abolishment of original wat…

46A-14-4 Conservation purposes supporting establishment. 46A-14-4.1 Functions and duties of commission. 46A-14-5 Initiating petition for establishment--Filing--Signatures required. 46A-14-6 Boundaries of district--Contiguous land ownerships. 46A-14-7 Inclusion of municipality. 46…

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 §

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 §

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…

46A-14-45 Vested water rights--Exclusion from operation of chapter. 46A-14-46 Vested drainage rights--Exclusion from operation of chapter. 46A-14-47 General improvement plan--Consultation with advisory committee and supervisors of conservation districts--Contents--Steering commit…

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 §

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…

46A-14-53 Contract with conservation districts for funding. 46A-14-54 Publication of resolution and notice of hearing--Apportionment of benefits. 46A-14-55 Hearing and referendum on financing arrangements. 46A-14-56 Referendum on financing arrangements--Eligibility to vote--Count…

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…