Title 46A — WATER MANAGEMENT

Fifteen percent of the eligible voters residing in a geographical area may petition the Board of Water and Natural Resources to submit to an election the question of whether the geographical area shall become a water development district. Source: SL 1984 (SS), ch 1 , § 13A; SL 20…

A petition submitted to the Board of Water and Natural Resources, in accordance with § 46A-3A-8 , must: (1) Describe the boundaries of the area to be included within the proposed water development district; and (2) Include the address of each individual who signed the petition, a…

Except as otherwise provided in this section, a water development district's initial board of directors must be elected at the general election following the effective date of the district's establishment. If a general election is not scheduled to occur during the twelve month pe…

Each director of a water development district is entitled to receive compensation in an amount established by the board, plus reimbursement for expenses incurred if the director is attending meetings or performing duties directed by the board. The compensation and reimbursement p…

Each water development district board of directors shall hold an annual meeting in January. At the annual meeting, the directors shall elect from among themselves a chair, a vice chair, and a secretary. Each officer elected in accordance with this section shall hold office until …

A majority of the water development district board's voting members constitutes a quorum for the transaction of business. Source: SL 1984 (SS), ch 1 , § 34; SL 2025, ch 186 , § 32.

Source: SL 2008, ch 232 , § 5, eff. Jan. 1, 2009; SL 2025, ch 186 , § 66.

A water development district having a population of twenty-five thousand or fewer must have five directors. A district having a population greater than twenty-five thousand but not greater than seventy-five thousand must have seven directors. A district having a population greate…

If a water development district has a realignment of director areas, as a result of § 46A-3B-2 , any director serving at the time of the realignment may continue to serve until the expiration of the director's term, provided the director remains a resident of the district. Source…

As soon as possible following each decennial census of population and housing, or any adjustment to a water development district boundary, the Board of Water and Natural Resources shall ascertain whether the number of board members must be adjusted, adjust the same, and redistric…

A director candidate may be nominated by a petition signed by at least twenty-five registered voters residing in the director area to be represented by the candidate. Nominating petitions must be made available at the water development district office, the secretary of state's of…

If three or more nominating petitions are filed for the position of director, the secretary of state must certify the nomination of candidates to the respective county auditors and the water development district office. The district office shall furnish nonpolitical sample and of…

Within thirty days after a general or special election for the initial directors of a water development district, the Board of Water and Natural Resources shall hold a run - off election for each director area in which no candidate received a majority of the votes cast. The run -…

A water development district, or the Board of Water and Natural Resources in the case of an initial election, shall publish a notice setting forth vacancies that will occur upon the completion of board member terms. The notice must: (1) Be published once per week for two consecut…

The respective county auditors shall transmit the results of the election for water development district directors to the secretary of state. If only one nominating petition for a water development district director office has been filed, the secretary of state shall issue a cert…

Each director shall take office on January first of the year following the election, or not later than sixty days after a special election. An office becomes vacant: (1) Upon the occurrence of any event listed in § 3-4-1 ; or (2) Upon the expiration of a term of office, if no qua…

In order to dissolve a water development district, a petition of dissolution must be filed with the Board of Water and Natural Resources. The petition must be: (1) Signed by eligible voters of the district, equal in number to at least fifteen percent of the votes cast in the dist…

A petition of dissolution pursuant to § 46A-3C-1 must: (1) State the legal name of the water development district; (2) Request that the district be dissolved; and (3) Include the address of each individual who signed the petition and the date on which the individual signed the pe…

Upon presentation of a petition to the Board of Water and Natural Resources, proposing that a water development district be dissolved, the board must determine whether the petition is in compliance with all legal requirements. If the board determines that the petition is in compl…

If at least fifty percent of the votes cast are in favor of dissolving the water development district, the Board of Water and Natural Resources must, by resolution, dissolve the district and file a copy of the resolution with the secretary of state. If the vote is against dissolv…

If a water development district has been dissolved, the Board of Water and Natural Resources shall exercise all necessary power and authority of the water development district board of directors, until all financial responsibilities, obligations, and other contractual commitments…

Any election held to carry out the purposes of chapters 46A-3A to 46A-3E , inclusive, must be conducted, canvassed, recounted, and contested in the same manner as other elections under state law, except as otherwise provided in this section. If details concerning the conduct, can…

A water development district board of directors may equip, maintain, and operate an office, within the district, as its principal place of business and establish other offices as necessary. The board of directors may appoint and fix compensation of any employees necessary to cond…

A water development district board of directors may accept gifts, grants, and donations, or other assistance, from public or private sources for the purposes of chapters 46A-3A to 46A-3E , inclusive. Source: SL 1984 (SS), ch 1 , § 42; SL 2025, ch 186 , § 48.

A water development district board of directors shall annually designate a newspaper of general circulation within the district as the official newspaper of the district. Source: SL 1984 (SS), ch 1 , § 43; SL 2025, ch 186 , § 49.

A water development district board of directors may establish a capital reserve fund. Dollars in the fund may not revert at the end of a fiscal year. The board may expend dollars from the fund, as necessary, for the purposes of chapters 46A-3A to 46A-3E , inclusive. Source: SL 19…

Any land used to satisfy federal wildlife mitigation requirements for a project must be within the water development district benefiting from that project. Source: SL 1984 (SS), ch 1 , § 66; SL 2025, ch 186 , § 51. 46A-3D-14, 46A-3D-15. Repealed by SL 1996, ch 265 , §§ 16, 17 46A…

Repealed by SL 1996, ch 265 , §§ 18, 19

A water development district board of directors may enter into group hospital and medical insurance contracts for the protection and benefit of district employees and the immediate families of the employees. The board may pay all or part of the necessary premiums for its employee…

A water development district board of directors shall keep board meeting minutes and records and books of the operations, management, and business of the district. The minutes, records, and books must be kept at the principal place of business and be open to public inspection dur…

The fiscal year of the water development district coincides with the calendar year. At the conclusion of each fiscal year in which the district's revenues exceeded three hundred fifty thousand dollars, the board shall obtain an audit of the books and records, from the Department …

The water development district board of directors may sue and be sued in the name of the district. Source: SL 1984 (SS), ch 1 , § 37; SL 2025, ch 186 , § 43.

The water development district board of directors may cooperate or contract with any person for the purposes of chapters 46A-3A to 46A-3E , inclusive. Source: SL 1984 (SS), ch 1 , § 38; SL 2025, ch 186 , § 44.

A water development district board of directors may carry public liability insurance for any acts or omissions that occur in the performance of official duties by the directors or by employees. The board may carry other insurance to protect the district and its property. Source: …

A water development district board of directors may acquire, by purchase or lease, all real and other property, as necessary to carry out the purposes of chapters 46A-3A to 46A-3E , inclusive. The board may hold and use the property, lease the property, sell the property, or othe…

A water development district board of directors may exercise the power of eminent domain to acquire any right, title, interest, estate, or easement necessary to carry out the purposes of chapters 46A-3A to 46A-3E , inclusive, if the district is unable to acquire it by negotiation…

A water development district board of directors may levy taxes, not to exceed thirty cents per thousand dollars of taxable valuation in the district, for the purposes of chapters 46A-1 , 46A-2 , and 46A-3A to 46A-3E , inclusive. If an area is included in more than one district, t…

The board of directors of a water development district shall, at the time of organization and on or before October first of each year thereafter, adopt a budget and prepare an operations and budget report. The report must include estimates and itemizations of the district's expen…

Upon adoption of a budget, a water development district board of directors shall make a tax levy, special assessment, or both, in dollars sufficient to fund the budget. Any tax levy made against property in a given county in a district must be in an amount equal to the total dist…

Upon the adoption of a budget and the levying of taxes, special assessments, or both, the board shall, on or before October first, forward a certified copy of the levy and a certified copy of the budget to the appropriate tax collecting officials in the affected counties and to t…

The tax collecting officials shall extend the levy or special assessments upon the tax list of the county, municipality, or other appropriate tax paying entity for the tax year against each description of taxable property or, in the case of special assessments, against each descr…

The tax collecting officials shall collect all water development district taxes and assessments, together with any interest and penalties, in the same manner as the general taxes and assessments are collected and shall on a monthly basis, forward the amounts collected during the …

Source: SL 1985, ch 356 , § 1; SL 1993, ch 256 , § 70; SL 2025, ch 186 , § 67.

A water development district board of directors may make special assessments against real property specially benefited by a project, provided that the persons seeking the assessment present to the board a petition, in a form approved by the Board of Water and Natural Resources, a…

Only those persons who contractually agree to a special assessment for a water delivery project may be specially assessed. Notwithstanding § 46A-3E-4 , any person who wishes to join a water delivery project after a petition has been filed with the water development district board…

Upon receipt of a petition requesting a special assessment, a water development district board of directors must hold a hearing on the question. The board must publish notice of the hearing in the official newspaper of the district, at least once each week, for two consecutive we…

Within twenty days after adoption of a resolution of intent to specially assess, a water development district board of directors shall give written notice to the owners of real property described in the resolution. Persons who are entitled to notice in accordance with this sectio…

A special assessment by a water development district is effective thirty days after adoption of the resolution of intent to specially assess, unless a written protest is filed with the district within thirty days after adoption of the resolution, excluding the date of adoption. T…

A water development district may assist, sponsor, or construct a water resources project provided: (1) Specific areas shall finance those phases of water resources development that provide general benefits to the people in the areas; (2) Direct beneficiaries shall finance those p…

A water development district board of directors may levy taxes and special assessments, as provided in chapters 46A-3A to 46A-3E , inclusive, to cover obligations contained in contracts with: (1) The federal government; (2) This state; or (3) Any other public or private entity. W…