Title 9 — MUNICIPAL GOVERNMENT
59 chapters · 1,226 sections in this title.
SDCL § 9-47-1 General municipal power to construct and operate systems--Separate fund--Agreements with state and federal agencies
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Every municipality may construct, establish, operate, and maintain a system of waterworks and facilities in connection therewith; may regulate the distribution and use of water supplied thereby; may acquire a suitable supply of water, whether within or without the municipality; m…
SDCL § 9-47-13 Repealed
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Source: SL 1959, ch 278 , § 3; SDC Supp 1960, § 45.1907; SL 2021, ch 43 , § 4.
SDCL § 9-47-14 Repealed
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Source: SL 1959, ch 278 , § 4; SDC Supp 1960, § 45.1907; SL 2021, ch 43 , § 5.
SDCL § 9-47-15 Repealed
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Source: SL 1959, ch 278 , § 4; SDC Supp 1960, § 45.1907; SL 2021, ch 43 , § 6.
SDCL § 9-47-16 SDCL 9-47-16
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Repealed by SL 2012, ch 57 , § 101.
SDCL § 9-47-17 Acquisition of water mains in newly annexed area
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Every municipality shall have the power, within the discretion of the governing board of the municipality, to purchase, lease with purchase option, lease or otherwise acquire from the owners thereof, or condemn under provision of subdivision 9-12-1(2), any water main or mains lai…
SDCL § 9-47-18 Distance between water connections
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No more than one water connection shall be made for each platted lot or for each forty - four feet of frontage of unplatted ground in the residence section, and for each twenty - two feet of frontage in the business section of the municipality, except when the abutting owner requ…
SDCL § 9-47-19 SDCL 9-47-19
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Repealed by SL 2012, ch 57 , § 102.
SDCL § 9-47-2 Real property in adjoining states
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Every municipality shall have power to purchase, lease, own, and hold real property and easements therein in an adjoining state for waterworks purposes. Source: SL 1917, ch 317 ; RC 1919, § 6169 (77); SDC 1939, § 45.0201 (82).
SDCL § 9-47-20 Municipal artesian wells authorized
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Every municipality shall have power to establish and maintain artesian wells. Source: SDC 1939, § 45.0201 (105).
SDCL § 9-47-21 Operation of irrigation system authorized--Special assessments--Election on water supply--Regulation of use of water
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Any municipality may operate and maintain a system of irrigation within the municipality. The municipality may assess the cost of the system against abutting or benefited property in the manner provided by chapter 9-43 , if a connection with an irrigation water supply system is a…
SDCL § 9-47-22 Request for rural water system to provide water service by persons living within three miles of certain municipalities--Notification and election of municipality
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If a rural water system is requested after July 1, 1989, to provide water service to any person who resides within three miles of a municipality owning and operating a water supply system, the rural water system shall promptly notify such municipality of such request in writing. …
SDCL § 9-47-23 Election of municipality to provide service after previously declining--Requirements of purchase
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If a rural water system provides service to a person whom a municipality has declined to serve, pursuant to § 9-47-22 , and the municipality thereafter elects to provide water service to such person, the municipality shall first purchase the facilities of the rural water system w…
SDCL § 9-47-24 Election to provide service to persons being served by rural water system--Purchase of facilities
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If a municipality elects to provide water service to any person who is being served by a rural water system and who resides within the boundaries of a municipality or within three miles of the municipality as the boundaries exist on July 1, 1989, the municipality shall purchase t…
SDCL § 9-47-25 Election to provide service to persons within extended areas as a result of annexation, consolidation, or incorporation
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If the three - mile area referred to in § 9-47-24 is extended as a result of annexation, consolidation, or incorporation after July 1, 1989, and the municipality elects to provide service to any person receiving service from a rural water system residing within the newly extended…
SDCL § 9-47-26 Election to provide service to persons outside three - mile area
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If a municipality elects to provide water service to any person being served by a rural water system and located more than three miles from the municipal boundaries, the municipality shall purchase the facilities of the rural water system which were required and used to provide s…
SDCL § 9-47-27 Certain matters negotiable for contract between parties
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The provisions of §§ 9-47-22 to 9-47-26 , inclusive, do not prevent a municipality and a rural water system from contracting with each other relative to the transfer of customers, disposition, and sale of facilities and related matters on such terms and conditions as they may det…
SDCL § 9-47-28 Connection of plumbing fixtures to public water supply system--Purchase or lease of preexisting private wells by municipalities--Exemption of first class municipalities
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Each building in which plumbing fixtures are installed shall connect to a public water supply system if available. A public water system is available to a premise used for human occupancy if the property line of the premise is within two hundred feet of the system. A municipality…
SDCL § 9-47-29 Assessment of property for proportionate share of water line previously constructed--Apportionment among persons paying cost
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If a main, trunk, or service water line has been constructed and the cost has not been apportioned against property that may benefit as provided in this chapter or chapter 9-43 , the governing body may require the owner of the property to pay the owner's proportionate share of th…
SDCL § 9-47-3 Emergency contract for repair or replacement on complete failure of water supply
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Wherever, in any municipality, the emergency specified in § 9-21-15 is the complete failure of the water supply of such municipality, the governing body thereof is authorized to contract for the drilling of a new well or for such repairs, replacements, and new equipment as may be…
SDCL § 9-47-4 Contract for waterworks system--Maximum tax levy without approval by voters
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When the expense in connection with the waterworks system is to be raised by general taxation, no contract for construction, purchase, lease, or maintenance which shall stipulate for an annual payment greater than an annual levy of five mills on each dollar of the assessed valuat…
SDCL § 9-47-5 Special assessments
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If the expense in connection with the waterworks system is raised by special assessments, the assessments shall be levied and collected in the manner provided in chapter 9-43 . Source: RC 1919, § 6394; SDC 1939, § 45.1904; SL 2012, ch 57 , § 97.
SDCL § 9-47-6 Connections from water main to lot line--Assessment
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Every municipality shall have power to regulate and provide for the laying of water connections from the city water mains to the lot line, and to assess the cost against the abutting property owner as provided by this title. Source: SL 1890, ch 37 , art V, § 1, subdiv 13; RPolC 1…
SDCL § 9-47-7 SDCL 9-47-7
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Repealed by SL 2012, ch 57 , § 98.
SDCL § 9-47-8 Classification of water pipes and mains
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Water pipes or mains are classified as: (1) A service pipe or main is one designed to supply water to the property abutting upon the particular street or way in which it is laid; (2) A trunk pipe is one designed to supply water to the property abutting upon the street or way in w…