Title 46A, WATER MANAGEMENT

The Board of Water and Natural Resources, within ninety days from the receipt of a petition, or within ninety days from the time funds become available to defray the cost of an investigation, shall determine whether the proposed project is feasible and conforms to public convenie…

The Board of Water and Natural Resources shall perform the duties of the county auditor as provided in §§ 6-16-4 to 6-16-6 , inclusive. Source: SL 1984, ch 293 , § 14; SL 1998, ch 36 , § 77.

Persons desiring to establish an area as a water project district may petition the Board of Water and Natural Resources to submit to an election the question of whether such area shall become a water project district. Source: SL 1984, ch 293 , § 2.

Except as provided in § 46A-18-2.2 , and except as otherwise provided in this chapter, no person may vote in any election held pursuant to this chapter unless the person is a qualified voter of the water project district. A qualified voter of the district is a person who is a reg…

If fewer than one hundred fifty persons reside within the boundaries of an existing water project district on July 1, 2011, the board of directors of the district may, by a resolution adopted not later than July 1, 2014, specify that a qualified voter of the district or director …

If at least sixty percent of the votes cast in an election are in favor of formation of the water project district, the Board of Water and Natural Resources shall by resolution create and establish the water project district and give it a corporate name. Upon filing of a true cop…

If at least sixty percent of the votes cast in the initial election are in favor of the formation of the water project district, the costs of the election shall be paid by the new water project district. If less than sixty percent of the votes cast in the initial election are in …

The initial district directors shall assume the duties of office and serve until successors are duly elected and qualified. Source: SL 1984, ch 293 , § 20; SL 2000, ch 32 , § 9.

The directors shall organize by electing one of their members chairman and one vice - chairman and by appointing a secretary - treasurer, who is not a member of the board and whose compensation and bond shall be set by the directors. The directors shall provide the necessary book…

Before May first of each year, on a date established by the directors, an annual meeting of the district shall be held during which the qualified voters of the district shall elect, by ballot, under the direction of the secretary of the district, directors to replace those whose …

The water project district directors shall publish a notice once each week for three consecutive weeks immediately prior to the annual election and meeting stating the time, place, and purpose of the election and meeting, the names of the director candidates and the director divi…

Nominations of director candidates to be elected at the annual election shall be by nominating petition signed by at least twenty - five qualified voters or ten percent of the qualified voters, whichever is less, in the district, if the directors are elected at large, or signed b…

Any vacancy in an unexpired term shall be filled by appointment within thirty days of the vacancy by the remaining directors of the district. Any vacancy in an expired term for which no candidate's nominating petition has been filed pursuant to § 46A-18-25 shall be filled by appo…

After the creation of a water project district, minor adjustments to the boundaries of the district may be made by the directors, without referendum. Such adjustments may not delete lands from the district that have been subject to a special assessment during the budget year or t…

An additional area may be annexed or an area withdrawn from a water project district by: (1) Circulation of an initiating petition therefor by the qualified voters in the new area and in the existing district, similar to an initiating petition specified in § 46A-18-2 ; or (2) Cir…

Two or more water project districts may be combined into a single district by: (1) Circulation of an initiating petition therefor, similar to the initiating petition specified in this chapter; or (2) Passage of resolutions by the directors stating the desire to combine the water …

After proceedings are completed to combine water project districts, the Board of Water and Natural Resources shall certify to the secretary of state of the creation of the combined water project district. Source: SL 1984, ch 293 , § 29; SL 1990, ch 366 , § 9; SL 1991, ch 17 (Ex. …

The corporate powers of the water project district shall be vested in and exercised by the board of directors of the district. Source: SL 1984, ch 293 , § 30.

A water project district shall have perpetual existence, unless dissolved, with the following powers: (1) To sue and be sued; (2) To incur debts, liabilities, and obligations; (3) To exercise the power of eminent domain only as necessary to carry out its purposes and duties as pr…

Within thirty days of assuming office, the directors shall meet at the designated principal place of business of the district and shall take the oath as defined in the Constitution of South Dakota. Source: SL 1984, ch 293 , § 32; SL 1995, ch 253 , § 15.

The directors may contract for the services of or employ a manager, an engineer, professional assistants, and such other employees as are necessary and provide for their qualification, duties, and compensation, which, with all other expenses, shall be included as a part of cost o…

A water project district may indemnify any person made a party or threatened to be made a party to any action, whether civil, criminal, administrative, or investigative in his capacity as director, officer, employee, or agent of the district or by serving at the request of the di…

The board of directors of a water project district shall establish amounts to reimburse each district director for expenses for lodging, meals, and mileage, and to provide compensation for each day of actual service for traveling to, attending, and returning from a meeting, heari…

The district board of directors shall: (1) Adopt a seal; (2) Keep a record of all proceedings, minutes, certificates, contracts, bonds, and employees' records and other business transacted by the directors; (3) Adopt bylaws, procedures, and requirements consistent with this chapt…

The district board of directors may: (1) Make surveys or utilize other surveys and data to plan and develop water projects; (2) Cooperate or contract with any person, state, or subdivision thereof, federal agency or private or public corporation as necessary; (3) Construct, clean…

No water project district may have jurisdictional authority or control over water rights. Source: SL 1984, ch 293 , § 38.

The petition established pursuant to § 46A-18-2 shall contain: (1) The name of the proposed district; (2) The object and purpose of the water project and works proposed to be constructed or acquired, together with a general description of the nature, location, and method of opera…

The district directors, within a reasonable length of time after qualifying, shall adopt an overall plan for improvements within the district. This plan shall be designated the general improvement plan for the water project district. The general improvement plan shall consist of …

Upon adoption of a general improvement plan or amendment, the district directors shall set the order in which specific projects in the plan shall be undertaken and shall obtain accurate surveys of the projects by a competent engineer. The engineer shall make written reports showi…

After approval by the board, the directors shall examine the plans, hold hearings on the proposals, and by resolution state that the proposed work, or any part thereof, should be accomplished. The resolution shall state whether the cost shall be paid by a general tax levy against…

The directors shall determine in the resolution whether to issue bonds of the district or other authorized financing to provide for payment of the cost of the project by installments. Source: SL 1984, ch 293 , § 42.

The resolution, upon being adopted, shall be published once a week for three successive weeks in a legal newspaper of general circulation in each county in which land of the district is located. The publication shall state the time and place the directors shall meet for hearing a…

No bonds may be issued and no financial commitments requiring the obligation of district taxes or assessments beyond the current fiscal year may be entered into, unless the directors have initiated hearings on the works proposed for construction and the benefits to accrue therefr…

No annual general tax levy, whether for annual district operation and maintenance expense or for payment of long term obligations, may exceed one dollar per thousand dollars of taxable valuation. No limitation applies to special assessments, except that special assessments may no…

In the election provided in § 46A-18-45 , all qualified voters of the district are eligible to vote. However, if special assessments are proposed, only those qualified voters of the district who are also landowners subject to the proposed assessments may vote. If the financing pr…

In lieu of tax levies or special assessments in municipalities, the district directors and the governing bodies of municipalities may enter into contracts for annual payments by the first or second municipality to the district. The governing bodies shall obligate amounts sufficie…

The directors, having completed an apportionment of benefits, shall prepare and by resolution approve a tax levy or assessment against real property within the district, or outside of the corporate limits of municipalities if a contract or contracts as provided in § 46A-18-48 are…

The assessed valuation for district tax purposes shall be the same assessed valuation that is used for general county levies. Source: SL 1984, ch 293 , § 49.

After collection, county officials shall monthly deliver taxes collected on behalf of the district to the district secretary - treasurer. Source: SL 1984, ch 293 , § 50; SL 1987, ch 332 , § 4.

Any party claiming to be aggrieved by the apportionment of the benefits or taxes or assessments may appeal in accordance with procedures established by state law for review of tax levies. Source: SL 1984, ch 293 , § 51.

Following a favorable vote as provided in § 46A-18-45 and in anticipation of tax or special assessment collections, the directors may issue no - fund warrants to pay district obligations. However, the outstanding amounts of such no - fund warrants may not exceed the product of on…

The directors may at any time call a special election to determine whether additional taxes or special assessments may be levied for the purpose of raising money for increased costs of district business or for a supplemental plan of improvements over and above the initial plan of…

The directors shall provide for adequate annual maintenance of the district's project works once constructed. They shall adopt an overall project schedule of routine operation and maintenance. They shall prepare annual operation and maintenance budgets for each calendar year in w…

The annual operation and maintenance budget shall include provisions for accumulation of a reserve fund for extraordinary maintenance or operation. The amount budgeted each year for the reserve fund shall be at least ten percent of the estimated cost of the annual routine operati…

In addition to the fund authorized in § 46A-18-57 , the directors may establish a separate reserve fund for project development and construction. The directors shall publish the amount budgeted for the fund for the following calendar year, the amount of money in the fund, and an …

Tax or special assessment levies in an amount sufficient to cover the budgeted operation and maintenance expense shall be included by the district directors in their tax assessment list. However, the levies may not exceed the limitations specified in this chapter and may not exce…