Title 46A — WATER MANAGEMENT
28 chapters · 1,041 sections in this title.
SDCL § 46A-4-52 Assent of secretary of interior necessary for change in boundaries of district contracting with United States
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If any contract has been made between the district and the United States as provided in chapters 46A-5 and 46A-6 , no change may be made in the boundaries of the district. The board of directors may make no order changing the boundaries of the district until the secretary of the …
SDCL § 46A-4-53 Petition for inclusion of tract of land within boundaries of irrigation district--Contents
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The holder or holders of title or evidence of title, or the secretary of the interior for unentered public land, representing one - half or more of any body of lands which, taken together, constitute one tract of land, may file with the board of directors of such district a petit…
SDCL § 46A-4-54 Participation by conservators and personal representatives of estates
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A conservator or personal representative of an estate, who is appointed as such under the laws of this state and who, as conservator or personal representative, is entitled to the possession of the lands belonging to the estate which the conservator or personal representative rep…
SDCL § 46A-4-55 Change of boundaries of irrigation district--Notice of filing of petition, contents--Time and place of hearing by board of directors--Cost of proceedings, advancement by petitioners
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The secretary of the board of directors shall cause notice of the filing of a petition under § 46A-4-53 to be given and published in the same manner and for the same time that notices of special elections for the issuance of bonds are required to be published. The notice shall st…
SDCL § 46A-4-56 Hearing on petition to change boundaries--Adjournment--Assent to change
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The board of directors at the time and place mentioned in the notice, or at such other time to which the hearing of the petition may be adjourned, shall hear the petition and all objections to the petition presented in writing by any person. The failure of any person interested i…
SDCL § 46A-4-57 Rejection of petition to change boundaries--Resolution of board--Contents
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If the board of directors deems it not in the best interests of the district that a change of its boundaries be made to include in the district the lands mentioned in the petition, the board shall reject the petition. However, if the board deems it in the best interest of the dis…
SDCL § 46A-4-58 Land not included in irrigation district unless owner or lessee obligated to pay assessments or charges
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No provision of this chapter authorizes or empowers the board of directors to include any land within the district unless the owner or lessee of the land pays or obligates the land to pay the same assessments or charges as all other lands have originally paid or have been obligat…
SDCL § 46A-4-59 Payment by petitioners of share of original district assessments as condition for granting petition
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The board of directors to whom a petition to include land within the district is presented may require, as a condition precedent to the granting of the petition, that the petitioners shall severally pay to the district such prospective sums to be determined by the board, as nearl…
SDCL § 46A-4-60 Board order for election on filing of protests--Publication of notice--Ballots--Boundary descriptions
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Upon the adoption of the resolution specified in § 46A-4-57 , if twenty-five percent of the electors of the district have made written protests against the proposed inclusion of lands within the district and have not withdrawn the protests, the board of directors shall order that…
SDCL § 46A-4-61 Order of board in conformity with election results on boundary change
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If at the election a majority of all the votes cast are against the change of boundaries, the board of directors shall order that the petition be denied and may proceed no further in the matter. However, if a majority of the votes are in favor of the change, or if no election is …
SDCL § 46A-4-62 Filing and recording of order changing boundaries--Effect of change
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If the boundaries of a district are changed, a copy of the order of the board of directors ordering the change, certified by the president and secretary of the board, shall be filed for record in the office of the Board of Water and Natural Resources and also the register of deed…
SDCL § 46A-4-63 Petition for change of boundaries of irrigation district--Recording in minutes of board of directors, admissibility as evidence
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Upon the filing of the copies of the order, as provided in § 46A-4-62 , the secretary shall record in the minutes of the board of directors the petition; and the minutes, or a certified copy thereof, shall be admissible in evidence with the same effect as the petition. Source: SD…
SDCL § 46A-4-64 Redivision of district following inclusion of land--Election precints
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In case of the inclusion of any land within any district by proceedings under this chapter, the board of directors shall, at least thirty days before the next succeeding general election, make an order redividing the district into three, five, or seven divisions, as nearly equal …
SDCL § 46A-4-65 Exclusion of contiguous tracts of land from district--Petition--Contents
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The owner in fee of any tract of land, entrymen of unpatented lands, and the secretary of the interior for unentered public lands, which constitute a portion of an irrigation district, may file with the board of directors of the district a petition praying that such tracts and an…
SDCL § 46A-4-66 Notice of petition to exclude land--Publication--Contents--Time for hearing
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The secretary of the board of directors shall publish a notice of the filing of the petition once each week for at least two successive weeks in some newspaper published in the county where the office of the board of directors is situated. If any portion of the territory to be ex…
SDCL § 46A-4-67 Hearing on petition to exclude land--Assent of interested persons
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The board of directors, at the time and place mentioned in the notice or at the time to which the hearing of the petition may be adjourned, shall hear the petition and all objections to the petition, presented in writing by any person, showing cause why the petition should not be…
SDCL § 46A-4-68 Resolution for exclusion of land when bonds or federal contract outstanding--Bondholders' or federal assent required--Assent waived by terms of bond issue
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If there are outstanding bonds of the district or if the district has entered into a contract with the United States as provided in chapters 46A-5 and 46A-6 , the board of directors may adopt a resolution to the effect that the board deems it to be for the best interests of the d…
SDCL § 46A-4-69 Grant or denial of petition to exclude land from district--Best interests of district--Conditions for exclusion
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If the board of directors deems it not in the best interests of the district that the lands mentioned in the petition, or some portion of the lands, should be excluded from the district, the board shall order that the petition be denied. If the board deems it in the best interest…
SDCL § 46A-4-70 Election ordered on exclusion after objections filed--Publication of notice--Contents--Conduct of election
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If the assent of the holders of the bonds, when required, and in case of any contract with the United States the assent of the secretary of the interior be filed and entered of record and if there be written objections presented by twenty - five percent of the electors of the dis…
SDCL § 46A-4-71 Majority vote against exclusion, denial and dismissal of petition--Majority vote in favor of exclusion, order of board of directors excluding land from irrigation district, contents
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If at such election a majority of all the votes cast shall be against the exclusion of the lands from the district, the board of directors shall deny and dismiss such petition and proceed no further in the matter; but if a majority of such votes be in favor of the exclusion of th…
SDCL § 46A-4-72 Order excluding land from irrigation district--Entry in minutes of board of directors--Filing and recording--Effect of order
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Upon the entry in the minutes of the board of directors of any of the orders hereinafter in this chapter mentioned, a copy thereof, certified by the president and secretary of the board, shall be filed for record in the office of the Board of Water and Natural Resources and also …
SDCL § 46A-4-73 Exclusion of land from irrigation district--Refunding of assessments
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In case of the exclusion of any lands under the provisions of this chapter, there shall be refunded, to any and all persons who have paid any assessment or assessments to such district for any lands so excluded, any sum or sums so paid. Such payments shall be made in the same man…
SDCL § 46A-4-74 Exclusion of land from irrigation district--Effect of change on office of director
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If the lands excluded from any district shall embrace the greater portion of any division or divisions of such district, then the office of director for such division shall become and be vacant at the expiration of ten days from the final order of the board of directors excluding…
SDCL § 46A-4-75 Exclusion of land from irrigation district--Redivision of district by board of directors--Election precincts, establishment, change from time to time
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At least thirty days before the next general election of such district, the board of directors thereof shall make an order dividing such district into three, five, or seven divisions as nearly equal in size as practicable, which shall be numbered, and one director shall be electe…
SDCL § 46A-4-76 Resolution to exclude unproductive lands from district--Reasons--Service on owners and residents--Publication of notice
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If the board of directors of an irrigation district finds that lands within the district are alkaline, slick, unsusceptible of economic leveling, water - logged, caliche, hard pan, or otherwise unproductive or incapable of carrying their proportionate district liabilities and obl…
SDCL § 46A-4-77 Hearing on exclusion of unproductive lands--Time and place--Objections--Failure to object deemed consent--Rescission of resolution or adoption of second exclusion resolution
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The resolution of exclusion authorized by § 46A-4-76 shall fix a time for hearing the resolution at the office of the board of directors. The board of directors at the time and place designated in the resolution or at such time or times to which the hearing is adjourned, shall co…
SDCL § 46A-4-78 Motion to reconsider exclusion of unproductive lands--Time--Appeal to circuit court--Contents--Trial--Filing of final resolution
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Any person aggrieved by the final action of the board of directors acting pursuant to the provisions of § 46A-4-77 on a resolution of exclusion may file a written motion for reconsideration within ten days after adoption of the final resolution. Such person may appeal to the circ…
SDCL § 46A-4-79 Rearrangement or reapportionment of district divisions upon exclusion of lands--Effects of exclusion--Procedural defects--Resolutions and bylaws
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Upon exclusion of any lands, the board of directors may make such rearrangement or reapportionment of divisions within the district as the board deems advisable. No exclusion of lands may impair or affect the district organization or its property or rights therein, or any other r…
SDCL § 46A-4-8 Inclusion in irrigation district of lands capable of being irrigated from works in proposed district
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Upon application of the owner or entryman prior to the board's hearing on the question of district formation, the Board of Water and Natural Resources shall include lands capable of being irrigated from the proposed works in the proposed district, if the board determines that the…
SDCL § 46A-4-80 Subirrigated land--Relief from district assessments--Recording of suspension order
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If any tract of land, or any part of a tract of land, to which the water right attached at any time becomes subirrigated, to the extent that water is no longer of any benefit on the land for irrigation purposes, the owner or entryman of the land may apply to the irrigation distri…
SDCL § 46A-4-81 Dissolution of district--Petition by majority of assessment payers--Calling of election by board--Notice of election
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If a majority of the assessment payers, representing a majority of the number of acres of irrigable land within any irrigation district, petition the board of directors to call a special election for the purpose of submitting to the qualified electors of the irrigation district a…
SDCL § 46A-4-82 Dissolution of district contracting with United States--Assent of secretary of interior--Recording
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If a contract has been made with the United States, no action may be taken by the board of directors for the dissolution of any irrigation district, as provided in this chapter, unless the assent of the secretary of the interior to the dissolution in writing has been filed with t…
SDCL § 46A-4-83 Election ballots on dissolution of district--Form and contents--Conduct of election
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The directors shall provide ballots to be used at an election called pursuant to § 46A-4-81 , on which shall be written or printed the words: "For dissolution, Yes," and "For dissolution, No." The ballots shall be placed in the hands of the proper election officers in the several…
SDCL § 46A-4-84 Certification of election returns and ballots--Canvass of returns--Declaration of result--Recording
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The return of the election, together with the ballots cast at the election, shall be certified by the election boards of the district to the board of directors within three days after the election. The board shall, on or before the third day after the election, canvass the return…
SDCL § 46A-4-85 Vote against dissolution precludes another election during year
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If a majority of the votes are "For dissolution, No," there may not be another election upon the question of a dissolution of the district during the year in which the election was held. Source: SDC 1939, § 61.0848; SDCL § 46-12-80; SL 2011, ch 165 , § 370.
SDCL § 46A-4-86 Majority vote for dissolution of irrigation district--Notice by board of directors to creditors of district--Settlement of claims
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If a majority of the votes shall be "For dissolution, Yes," then the board of directors shall immediately notify all persons having claims against the district of the result of such election, and may proceed to adjust, settle, and compromise any and all such claims, in whatever f…
SDCL § 46A-4-87 Raising of money to pay debts--Valuation of property by appraisers--Appointment--Report
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For the purpose of raising money to pay any indebtedness of the district, the board of directors may sell and dispose of the canal, franchises, and other property belonging to the district at not less than a valuation to be fixed by a board of three appraisers. One member of the …
SDCL § 46A-4-88 Sale of property by board of directors--Advertisement--Notice of sale--Consideration of bids of purchasers by board of directors
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The board of directors shall advertise the property for sale at least four weeks in such manner as in the judgment of the board will be to the best interests of the district; and shall state in such advertisement a description of the property, and the time and place when bids in …
SDCL § 46A-4-89 Rejection of bids for purchase of property--Private negotiations for sale--Deferred payments--Lien--Foreclosure
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The board of directors may reject any bids that are not, in the judgment of the board, a fair and just consideration for the property. After bids are thus rejected by the board, the board may by private negotiations with any person sell and convey by deed, executed by the board, …
SDCL § 46A-4-9 Ditches or canals constructed before July 1, 1917, and lands watered by them--Exemption--Rights of ditches already constructed
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Any ditch or canal constructed before July 1, 1917, of sufficient capacity to water the lands for which the water was appropriated, together with the land subject to be watered by the ditch, canal, or franchise, is exempt from the operation of this chapter, unless an irrigation d…
SDCL § 46A-4-90 Additional security for deferred payments--Collection
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In addition to the lien, the board of directors may require the purchaser of the property to furnish the district with additional security upon all deferred payments. All notes, bonds, mortgages, and other securities shall be made out to and in the name of the irrigation district…
SDCL § 46A-4-91 Bonds and obligations of district--Redemption after sale of property on dissolution of district
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If bonds and other obligations of irrigation districts are issued, the bonds and obligations are subject to redemption by the board of directors of any irrigation district, as soon as the property and franchise of the district are sold after the district has elected to dissolve a…
SDCL § 46A-4-92 Payment of outstanding obligations with proceeds of property sales--Prices paid
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After a sale of the property and franchises of the district, the board of directors shall, with the amount realized from the sale, together with other funds of the district, make settlement, payment, and redemption, if possible, of all outstanding bonded and other indebtedness of…
SDCL § 46A-4-93 Proceeds of sale of property on dissolution of irrigation district insufficient to pay debts--Assessments against lands in the district
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In case the amount realized from the sale of such district property, together with other money of the district, shall be insufficient for the payment of all the indebtedness of such district, assessments shall continue to be made against the lands included in the district, in the…
SDCL § 46A-4-94 Disposal of property--Payment of obligations--Report of board--Filing and recording--Contents--Time for action on unpaid claim
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After all the property of the district is disposed of and all of the obligations of such district are paid, the directors of the district shall file in the office of the county auditor of each county in which the district is located, and in the office of the Board of Water and Na…
SDCL § 46A-4-95 Validation of previously created irrigation districts
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All irrigation districts, created under the provisions of this chapter, and any addition to or deletion from any such district, heretofore established or purporting to be established or adjusted pursuant to the provisions of this chapter and chapters 46A-5 to 46A-7 , inclusive, a…
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…