Title 46A — WATER MANAGEMENT
28 chapters · 1,041 sections in this title.
SDCL § 46A-8-1 Association organized under state law in conformity with federal law--Amendment of articles of incorporation, purposes
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Any water users' association organized under the laws of this state and in conformity with the requirements of the United States under the Reclamation Act of June 17, 1902, may in the manner provided in this chapter so amend its articles of incorporation as to modify or enlarge i…
SDCL § 46A-8-2 Proposed amendment of articles of incorporation of association, time and manner of making, submission to shareholders, publication
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Such amendment or amendments may be made at any annual meeting of the shareholders, or at any special meeting called for that purpose, by a majority of the votes cast upon such proposition at such election. No proposed amendment may be submitted to the shareholders until it has f…
SDCL § 46A-8-3 Bylaws of association--Repeal and amendment, submission of proposition to shareholders, publication
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Any bylaw of such water users' association may be repealed or amended, or new bylaws may be adopted, at the annual meeting or at any other meeting of the shareholders called for that purpose by the directors, by a majority of the votes cast upon such propositions respectively at …
SDCL § 46A-8-4 Acceptance of association books for public record by county commissioners--Recording of stock subscriptions--Charges
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The board of county commissioners of any county in which there has been a water users' association organized in conformity with the requirements of the United States under the Reclamation Act of June 17, 1902, as amended to January 1, 2011, and which, under its articles of incorp…
SDCL § 46A-8-5 Election of officers and directors of association
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At all elections of any such association the person receiving the highest number of votes for any office shall be deemed elected. All elections of directors shall be by districts and must be by ballot, and a vote of the shareholders representing a majority of the shares of stock …
SDCL § 46A-8-6 Assessments against shareholders--Purpose--Bylaws--Nonpayment
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Any water users' association organized under the laws of this state and in conformity with the requirements of the United States under the Reclamation Act of June 17, 1902, as amended to January 1, 2011, and which, under its articles of incorporation, may furnish water only to it…
SDCL § 46A-8-7 Lien of association for unpaid assessments--Priority--Duration--Foreclosure and sale of land
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Such associations have the first and prior lien for all unpaid assessments on the lands of the shareholder against which the assessments are levied, and for all deferred payments on the water right appurtenant to the lands. The lien is in all respects prior to any other liens cre…
SDCL § 46A-8-8 Authority of association to transfer assets to municipality
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Any water user's association organized pursuant to this chapter may, by a majority vote of its shareholders, sell, lease, or otherwise dispose of part or all of its assets to a municipality. Source: SL 1982, ch 312 , § 1; SDCL Supp, § 46-11-8.