Title 46A — WATER MANAGEMENT
28 chapters · 1,041 sections in this title.
SDCL § 46A-5-1 Use of water and property for irrigation of lands--Public use--Regulation and control by state
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The use of all water required for irrigation of lands of any district formed under the provisions of chapter 46A-4 , together with canals and ditches already constructed, the rights - of - ways for canals and ditches, sites for reservoirs and pumping plants, and all other propert…
SDCL § 46A-5-10 Construction of works across streams, watercourses, highways, and railways
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The board of directors may construct works across any stream of water, watercourse, street, avenue, highway, railway, canal, ditch, or flume that the route of the canal may intersect or cross, in such manner as to afford security to life and property. However, the board shall res…
SDCL § 46A-5-11 Property acquired for project--Title vested in district--Management by board of directors
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The legal title to all property acquired under the provisions of chapters 46A-4 to 46A-7 , inclusive, shall immediately and by operation of law vest in such irrigation district in its corporate name, and shall be held by such district in trust for, and is hereby dedicated and set…
SDCL § 46A-5-12 Acquisition of property--Actions and proceedings by and against district
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The board of directors may take conveyances or other assurances for all property acquired by it under the provisions of chapters 46A-4 to 46A-7 , inclusive, in the name of the irrigation district, for the uses and purposes provided in this chapter. The board may institute and mai…
SDCL § 46A-5-13 Adoption of plan of works--Notice of plan and call for bids--Publication--Contents
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After adopting a plan of canals, storage reservoirs, and works, the board of directors shall publish notice of the plan, not less than twenty days after it is adopted, in one newspaper published in each of the counties in which the district is situated, if a newspaper is publishe…
SDCL § 46A-5-14 Contractor's bond--Sureties--Approval by board of directors--Terms
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The person or persons to whom a contract may be awarded shall enter into a bond with good and sufficient sureties, to be approved by the board of directors, payable to such district for its use, in an amount equal to the contract price for the faithful performance of the contract…
SDCL § 46A-5-15 Work done under engineer--Approval by board of directors
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The work shall be done under the direction and to the satisfaction of an engineer and be approved by the board of directors. Source: SDC 1939, § 61.0919; SDCL, § 46-13-15; SL 1995, ch 253 , § 3.
SDCL § 46A-5-16 Contracts for material--Lowest responsible bidder--Security for bid, amount, forfeiture
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Contracts for the purchase of material shall be awarded to the lowest responsible bidder. Bidders may be required to put up a certified check in the sum of five percent of the bid, to be forfeited to the district in the event that the bidder does not execute the contract if award…
SDCL § 46A-5-17 Bids unnecessary for contract with United States
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The provisions of §§ 46A-5-13 to 46A-5-16 , inclusive, do not apply in case of any contract between the district and the United States. Source: SDC 1939, § 61.0919; SDCL § 46-13-17; SL 2011, ch 165 , § 382.
SDCL § 46A-5-18 Contracts with United States concerning federal reclamation acts and water supply
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The board of directors may enter into any obligation or contract with the United States for the construction, operation, and maintenance of the necessary works for the delivery and distribution of water under the provisions of the federal reclamation acts and all acts amendatory …
SDCL § 46A-5-19 Deposit of district bonds as security for federal contract
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If any contract is made with the United States as provided in this chapter, bonds of the district may be deposited with the United States at ninety percent of their par value, to secure the amount to be paid by the district to the United States under any such contract. The bonds …
SDCL § 46A-5-2 Resolution of board of directors--General plan of proposed operation, contents
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As soon as practicable after the organization of any such irrigation district, the board of directors shall by a resolution entered on its record, formulate a general plan of its proposed operation, in which it shall state what constructed works or other property it proposes to p…
SDCL § 46A-5-20 District bonds not deposited as security for federal contract
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If bonds of the district are not deposited with the United States pursuant to § 46A-5-19 , the board of directors shall include as part of any levy or assessment provided for in this title an amount sufficient to meet each year all payments accruing under the terms of any contrac…
SDCL § 46A-5-21 District appointment as fiscal agent of United States--Collection of money for federal reclamation projects
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The board of directors may accept on behalf of the district appointment of the district as fiscal agent of the United States or authorization of the district by the United States to make collections of the money for and on behalf of the United States in connection with any federa…
SDCL § 46A-5-23 Flow of water through ditches and canals at full capacity
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The board of directors shall keep the water flowing through the ditches and canals under its control to the full capacity of the ditches and canals in times of high water and when the water can be beneficially applied to the lands thereunder and does not interfere with the rights…
SDCL § 46A-5-24 Measuring devices, placement--System for interchange of water--Duties of board of directors
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Upon motion of the board of directors or upon the filing of a petition in the office of the board, signed by a majority of the electors in the district, requesting that regulations be adopted by the board permitting and providing for any of the following specific orders or change…
SDCL § 46A-5-25 Apportionment of water by board
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If the water supply is not sufficient to supply continuously the lands susceptible of irrigation from the water supply, the board of directors shall apportion, in a just and equitable proportion, a certain amount of the water upon certain or alternate days to different localities…
SDCL § 46A-5-26 Liability for negligence in delivering or failure to deliver water--Notice to district chair--Time for service of notice and action
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Every irrigation district within this state is liable in damages for negligence in delivering or failure to deliver water to the users from its canal to the same extent as private persons and corporations if the person suffering damage, within thirty days after such negligence or…
SDCL § 46A-5-27 Diversion of water from channel unauthorized without payment of just compensation
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Nothing contained in chapters 46A-4 to 46A-7 , inclusive, authorizes any person to divert the waters of any river, creek, stream, canal, or ditch from its channel, so that the vested right of any person having any interest in the river, creek, stream, canal, or ditch, or the wate…
SDCL § 46A-5-28 Appropriation from district general fund for advertising
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The board of directors of any irrigation district may appropriate money from its general fund for the purpose of advertising the district's possibilities and advantages to the world as a home and as a location for agriculture, factories, and other legitimate enterprises. The appr…
SDCL § 46A-5-29 General fund of district--Appropriation by board of directors for support of county fair, maximum amount
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The board of directors of any irrigation district may, in its discretion, appropriate from its general fund not to exceed one hundred dollars in any one year for the support of one county fair located within the county of said district or within the county where the major portion…
SDCL § 46A-5-3 Determination of construction costs by board of directors--Examinations and surveys--Surveys, maps, plans, and estimates, certification by irrigation engineer
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To ascertain the cost of any construction work, the board of directors shall cause surveys, examinations, and plans to be made that demonstrate the practicability of the plan, and furnish the proper basis for an estimate of the cost of carrying out the construction work. All surv…
SDCL § 46A-5-31 Contract to supply water to users for nonirrigation purposes--Authority of district to enter
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An irrigation district may enter into a contract to supply water to users for purposes other than irrigation if the contract does not compromise the ability of the electors to obtain the waters to which they are entitled. A contract executed pursuant to this section constitutes t…
SDCL § 46A-5-4 Determination of funds required--Authorization, issuance, and sale of bonds--Election--Amount of bonds
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The board of directors shall determine the amount of money necessary to be raised and, if a bond issue is contemplated, the bonds shall be authorized, issued, and sold as provided in chapter 6-8B , if a majority of all electors voting at the bond election authorize the bond issue…
SDCL § 46A-5-4.1 Eligibility to vote in bond election
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Any other provision of law notwithstanding, only those electors whose land may be assessed to finance bonds are eligible to vote in an election held pursuant to the provisions of §
SDCL § 46A-5-5 Contract with United States for construction, operation, and maintenance of works--Bonds not deposited in connection therewith, issuance unnecessary--Issuance of bonds for funds in addition to amount of federal contract
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If any contract is made with the United States as provided in § 46A-5-18 and bonds are not to be deposited with the United States in connection with such contract, bonds need not be issued or, if required to raise funds in addition to the amount of such contract, shall be issued …
SDCL § 46A-5-6 Location of line of canal and branches--Purchase or condemnation of property
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The board of directors, its agents, and employees may enter upon any land within the district to make surveys and may locate the line of any canal and the necessary branches for the location. The board of directors may acquire, either by purchase or condemnation, all lands and wa…
SDCL § 46A-5-7 Construction of works for collection and distribution of water--Furnishing of water for irrigation
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The board of directors may also construct the necessary dams, reservoirs, pumping station, and works for the collection and distribution of water for the district and do any and every lawful act necessary to be done that sufficient water may be furnished to each tract of land in …
SDCL § 46A-5-8 Right - of - way for laterals--Duties of board of directors--Eminent domain
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The board of directors shall make all necessary arrangements for right - of - way for laterals from the main canal to each tract of land subject to assessment, and if necessary the board shall exercise its right of eminent domain to procure right - of - way for laterals. This sec…
SDCL § 46A-5-9 Right - of - way for works for collection of water over state lands and waters
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The right - of - way is hereby given, dedicated, and set apart to locate, construct, and maintain such works over and through any of the lands which are or may be the property of the state; and there also is given, dedicated, and set apart for the use and purposes aforesaid all w…