Title 46A — WATER MANAGEMENT

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…

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…

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.

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…

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.

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 …

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 …

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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 §

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 …

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…

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 …

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…

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…

Neither the board of directors, nor any other officers of an irrigation district, may incur any debt or liability, either by issuing bonds or otherwise, in excess of the express provisions of chapters 46A-4 to 46A-7 , inclusive, and any debt or liability incurred in excess of suc…

Any contract between the United States and any irrigation district made before February 9, 1939, as a contract supplementing or amending any original contract between the United States and any irrigation district, and which original contract was entered into pursuant to the laws …

Any resolution authorizing the issuance of bonds of the irrigation district may contain covenants and agreements on the part of the district to protect and safeguard the security and payment of the bonds. The covenants and agreements shall be a part of the contract with the holde…

Bonds authorized and issued as provided in § 46A-5-4 for the purpose of being delivered to the United States and held or sold by it, shall be in the form, terms, and denominations as may be fixed by the secretary of the interior in carrying out the provisions of the act of Congre…

Bonds need not be issued where the cost and expense of purchasing and acquiring property and constructing the works and improvements herein provided for are covered by a contract between the district and the United States. Source: SDC 1939, § 61.0921; SDCL, § 46-14-16. 46A-6-18. …

46A-6-20 46A-6-20 , 46A-6-21. Repealed by SL 1984, ch 43 , § 131 46A-6-22 Debt service fund--Investment in federal or state bonds or certificates of deposit, deposits in banks within state. 46A-6-23 Interest on due and unpaid interest coupons of bonds--Election to authorize--Form…

The bonds, and the interest on the bonds, shall be paid by revenue derived from an annual assessment upon the real property of the district. All real property of the district is liable to be assessed for such payments as provided in chapter 46A-7 , and for all payments due or to …

The board of directors of any irrigation district may enter into contracts for a supply of water for the irrigation of the lands within the irrigation district with any person or with the United States. The source of supply of the water may be either within or without the boundar…

Every district maintaining a debt service fund for the payment of outstanding bonds shall keep the accumulations in the debt service fund deposited with the lawful depositories or invested in registered warrants or bonds of any municipal or public corporation of the state, or bon…

A district by a majority vote may provide and authorize the payment of interest on any or all due and unpaid interest coupons attached to valid and outstanding bonds of the district heretofore or hereafter issued and sold, from the date of registration of the interest coupons for…

If a majority of the ballots cast on such proposition shall be in favor thereof, the board of directors shall declare the same adopted and the funds to pay such interest shall be estimated and included in the levy for the capital projects fund of such irrigation district as provi…

Any irrigation district organized under the laws of this state for irrigation or drainage purposes may enter into contracts with the United States whereby the bonds of the district are guaranteed by the United States, or financial credit is extended by the United States to the di…

If the contract provided in § 46A-6-2 provides for payment of the entire purchase price of the water supply within one year after the making of the contract, the board of directors of the district shall, at the time of entering into the contract, pass a resolution that a levy sha…

Any irrigation district may accept any of the provisions of any act of Congress of the United States applicable to the district and may obligate itself to comply with laws, rules, and regulations promulgated by any department of the United States pursuant to the act. Irrigation d…

The board of directors may, in connection with making any contract with the United States or others, levying any assessment, or taking any particular steps or action, commence a special proceeding in the circuit court, in and by which the proceedings of the district leading up to…

The board of directors of any irrigation district organized under the provisions of chapter 46A-4 shall, before selling any bonds of such irrigation district, and in its discretion before making any contract, levying any assessment, or taking any special action, commence a specia…

The board of directors of the irrigation district shall file in the circuit court for the county in which the lands of the district, or some portion thereof, are situated, a petition praying, in effect, that its proceedings may be examined, approved, and confirmed by the court. T…

The court shall fix the time for the hearing of the petition and shall order the clerk of courts to give and publish a notice of the filing of the petition. The notice shall be given and published in the same manner and for the same length of time that the notice of a special ele…

Any person interested in the district, or in the issue or sale of the bonds, may answer or otherwise plead to the petition. The provisions of law respecting such pleading to a complaint shall be applicable to a pleading to the petition. The person so pleading to the petition shal…

If an irrigation district organized under the laws of this state enters into a contract with the United States for the payment of charges due the United States in connection with a federal reclamation project, and the district contract is inconsistent in any respect with the indi…

Upon the hearing of the special proceeding the court may examine and determine the legality and validity of, and approve and confirm or disapprove and disaffirm, each of the proceedings for the organization of the district, including the petition for the organization of the distr…

If the court determines the proceedings for the organization of the district to be legal and valid and the proceedings for the voting and issuing of the bonds legal and valid, the board of directors shall then prepare a written statement, beginning with the filing of the petition…

The board of directors of any irrigation district in this state sustaining contractual relations with the United States may borrow funds for the purpose of making any necessary payments on the contracts, and may pledge the credit of the district for the payment of the contracts. …

If such contract provides for payments to be made extending over a period of more than one year from the date of making such contract, the board of directors shall submit such contract to the legal voters of such district at any general election, or at a special election called t…