Title 46A — WATER MANAGEMENT
28 chapters · 1,041 sections in this title.
SDCL § 46A-9-3 Organization--Actions by and against--Creation and incorporation
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A water user district may be organized as provided in this chapter, and may sue and be sued in its corporate name. The procedure for creating and incorporating a district under the provisions of this chapter shall be as provided by §§ 46A-9-4 to 46A-9-18 , inclusive. Source: SL 1…
SDCL § 46A-9-30 Director to be landowner or entryman
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No person is qualified to hold office as a member of the board of directors of any water user district unless the person is a landowner or entryman of the district. Source: SL 1939, ch 291 , § 6; SDC Supp 1960, § 61.1306; SDCL § 46-16-29; SL 2011, ch 165 , § 476.
SDCL § 46A-9-31 Removal of members of board of directors from office--Grounds--Procedure
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Members of the board of directors may be removed from office for the same reasons and in the same manner as provided in §§ 3-17-6 to 3-17-11 , inclusive, for the removal of county and other local officers. Source: SL 1939, ch 291 , § 5; SDC Supp 1960, § 61.1305 (1); SDCL, §
SDCL § 46A-9-32 Vacancies on board of directors--Declaration of existence--Filling--Member elected to fill, term of office
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Vacancies on the board of directors by reason of death, disability, failure to hold land in the water user district, or in the election division if election divisions are provided for, or otherwise shall be declared to exist and shall be filled by the board of directors, and the …
SDCL § 46A-9-33 Reimbursement of expenses and compensation of board members
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Each water user district board of directors shall establish amounts to reimburse board members for expenses for lodging, meals, and mileage and to provide compensation for each day of actual service for traveling to, attending, and returning from meetings, hearings, or investigat…
SDCL § 46A-9-34 Officers--Election by board of directors--Appointment of executive committee and other employees
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The board of directors shall elect the officers of the water user district who shall be a president, a vice - president, a secretary, and a treasurer, and the board shall appoint such executive committee and other officers, agents, and employees as shall be deemed necessary in tr…
SDCL § 46A-9-35 Bond of treasurer
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The treasurer shall furnish and maintain a corporate surety bond in such amounts and with such sureties as the directors may specify and conditioned on faithful performance of the treasurer's duties. The bond, as thus approved, shall be filed with the secretary of state, and the …
SDCL § 46A-9-36 Corporate powers of district vested in board of directors
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The corporate powers of the water user district shall be vested in and exercised by the board of directors of the district. Source: SL 1939, ch 291 , § 6; SDC Supp 1960, § 61.1306; SDCL, § 46-16-36.
SDCL § 46A-9-37 Bylaws and procedures--Adoption by board of directors--Minutes of meetings--Records of account, kept at principal place of business, open to public inspection
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The board of directors may by resolution adopt bylaws and procedures, not inconsistent with the provisions of this chapter, for the conduct of the business and affairs of the water user district. The board of directors shall cause to be kept accurate minutes of its meetings and a…
SDCL § 46A-9-38 Indemnification of directors, officers, employees, or agents of districts
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A water user district may indemnify any person who was or is a party or is threatened to be made a party to any pending or completed action, suit, or proceeding, whether civil, criminal, administrative, or investigative by reason of the fact that the person is or was a director, …
SDCL § 46A-9-39 Powers of district
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A water user district organized under the provisions of this chapter has the powers provided by §§ 46A-9-40 , 46A-9-41 , and §§ 46A-9-43 to 46A-9-45 , inclusive, and may own, have, or exercise the rights, privileges, and franchises provided by those sections. Source: SL 1939, ch …
SDCL § 46A-9-4 Petition for organization of district--Filing with and approval by board--Contents
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A water user district may be organized under the provisions of this chapter by filing in the Department of Agriculture and Natural Resources a petition in compliance with the requirements set forth in this section, and the approval of the petition by the Board of Water and Natura…
SDCL § 46A-9-40 Powers of corporation for public purposes--Acquisition and disposition of property
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The water user district has all the usual powers of a corporation for public purposes. The district may acquire by purchase, gift, condemnation, or other lawful means and may hold any real or personal property reasonably necessary for the conduct of its business, or may lease suc…
SDCL § 46A-9-41 Acquisition, management, use, and operation of works and property--Disposition of works
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The water user district may own, construct, reconstruct, improve, purchase, condemn, lease, receive by gift, or otherwise acquire, hold, extend, manage, use, or operate any works and any kind of property, personal or real, necessary, useful, or incident to such acquisition, exten…
SDCL § 46A-9-42 Transfer of obligations of nonprofit rural water supplier or wastewater system operator to water user district, sanitary district, or municipality--Majority vote of district
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Any nonprofit corporation, cooperative, or association engaged in the treatment, distribution, or sale of water or the collection, treatment, or disposal of wastewater to a rural area may, by majority vote of the membership voting in an election on the question, transfer all of i…
SDCL § 46A-9-43 Contracts with governmental agencies authorized for certain purposes
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In connection with the powers provided by §§ 46A-9-40 and 46A-9-41 , the water user district may enter into any contract, lease, agreement, or arrangement with any state, county, municipality, district, governmental or public corporation or association, or with any person, firm, …
SDCL § 46A-9-44 Extraterritorial powers of district
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The district may exercise any of the powers enumerated in §§ 46A-9-41 and 46A-9-43 either within or beyond or partly within and partly beyond the boundaries of the district and of the State of South Dakota, unless prohibited by the law of the area or state concerned or of the Uni…
SDCL § 46A-9-45 Appropriation of waters of state by district--Interference with existing water rights forbidden
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Such water user district shall have the right to appropriate the waters of the state in the same manner as other appropriators under the laws of this state; provided, that such district shall not, in the exercise of the powers conferred by this chapter, interfere with, injure, or…
SDCL § 46A-9-46 Eminent domain--Appraisement of private property or interest
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In addition to any other rights and powers conferred upon any water user district organized under the provisions of this chapter, the district may exercise the power of eminent domain for the purposes and after the manner provided for in chapter 21-35 , after declaring by resolut…
SDCL § 46A-9-46.1 Municipal approval of location of wastewater plant or system--Exception for existing plant or system
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No portion of any plant or system that is operated by a water user district for the collection, treatment, or disposal of wastewater, including sanitary sewers and sewage and sewage treatment plants and systems, may be located within a zone that extends ten miles outward from the…
SDCL § 46A-9-47 District has no power to tax or levy assessments--Others have no liability for district indebtedness or obligations
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The district has no power of taxation, or of levying assessments for special benefits. No governmental authority may levy or collect taxes or assessments for the purpose of paying, in whole or in part, any indebtedness or obligation of or incurred by the district as such or upon …
SDCL § 46A-9-48 Costs of operation of district--Contract for payment of rent or charge for water storage or water supply
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No person, irrigation district, municipality, county, or other governmental subdivision, irrigation company, or other public or private corporation or association is liable for the payment of any rent or charge for water storage; water supply; for the collection, treatment, or di…
SDCL § 46A-9-49 Grants or loans--Gifts
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Any water user district organized under this chapter may exercise any power conferred by this chapter for the purpose of obtaining grants or loans or both from any federal agency pursuant to or by virtue of any acts of Congress independently or in conjunction with any other power…
SDCL § 46A-9-5 Lands included in district
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The lands proposed to be included within a water user district need not consist of contiguous parcels. A district may consist of lands wholly within or wholly outside the limits of municipalities or of lands partly within and partly outside such limits; and a district may include…
SDCL § 46A-9-50 Cooperation with United States in acquisition and disposition of property
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The water user district may purchase and acquire lands, water rights, rights-of-way, and real and personal properties of every nature in cooperation with the United States under such conditions as the board deems advisable. The district may convey such rights and property under c…
SDCL § 46A-9-51 Eminent domain laws applicable to irrigation districts apply
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All provisions of law now applicable to irrigation districts, privately owned irrigation corporations, or ditch companies, regarding the exercise of the power of eminent domain, the use and occupation of state and other public lands and highways, the appropriation, or other acqui…
SDCL § 46A-9-52 Contracts governed by public agency procurement law
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Any water user district contract for the construction, alteration, extension, or improvement of any works, or any part or section thereof, or any building, for the use of the district, or for the purchase of any materials, machinery, or apparatus therefor is governed by chapters …
SDCL § 46A-9-53 Filing of plans and specifications--Advertisement for bids
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Before publication of any advertisement pursuant to chapter 5-18A , plans and specifications for the proposed construction work or materials shall be prepared and filed at the principal office or place of business of the water user district. The advertisement shall be published a…
SDCL § 46A-9-54 Contracts for proposed construction work--Employment of citizens of state--Bond of contractor
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Such contract shall provide that wherever possible, workmen who are citizens of South Dakota shall be employed by the contractor. All provisions of chapter 5-21 with reference to contractors' bonds required under such statutes, shall be applicable and effective as to any contract…
SDCL § 46A-9-55 Certain proposed works exempt from competitive bidding requirements
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If all or a portion of the cost of the proposed works is to be met by grant of labor or a grant-in-aid from a federal or state agency, does not require the use of any state or federal funds in the proposed works, or under other contract with a federal or state agency, and the rul…
SDCL § 46A-9-56 Borrowing power of district--Sources from which obligations payable--Authorization, issuance, and sale of bonds
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Any district organized pursuant to this chapter may borrow money and incur indebtedness for any corporate use or purpose authorized in this chapter and to the extent applicable pursuant to chapter 9-40 , provided the indebtedness, liability, or obligation of the district for the …
SDCL § 46A-9-57 District obligations--Pledge of revenue for payment--Collateral security for loan
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Any such water user district may pledge and put up as collateral security for a loan any district obligations. Any district issuing district obligations under the provisions of this chapter may pledge all or any part of the revenues which the district may derive from the sale, co…
SDCL § 46A-9-58 Refunding of district obligations
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Such resolution or agreement may further provide for the refunding of any such water user district obligation through the issuance of other district obligations, entitled to rights and priorities similar in all respects to those held by the district obligations that are refunded …
SDCL § 46A-9-59 Revenues of district--Payment into special fund--Collection and disposition of special fund, terms, and conditions
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Any such resolution or agreement may provide that all or any part of the revenues of the water user district shall be paid into a special fund and may set forth all the terms and conditions on which such special fund is to be collected, held, and disposed of, whether partly or wh…
SDCL § 46A-9-6 Organization within territorial boundaries of another district
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Nothing in this chapter prevents the organization of a water user district under this chapter within, or partly within, the territorial boundaries of another district organized under this chapter, or of an irrigation district organized under the provisions of chapter 46A-4 , if t…
SDCL § 46A-9-60 Agreement between directors and holders of district obligations as to charges for water, sewage disposal, or other services
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The directors of any water user district organized under the provisions of this chapter may enter into agreements with the holders of any such district obligations as to the maximum or minimum amounts that the district may charge and collect for water sold by the district or for …
SDCL § 46A-9-61 Prices, rates, and charges--Contracts
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The board of directors, subject to the provisions of this chapter, may fix and establish the prices, rates, and charges at which any resources and facilities made available under the provisions of this chapter shall be sold and disposed of. The board may enter into any contracts …
SDCL § 46A-9-62 Default in payment of money specified in agreement--Termination of contract--Right to recovery not affected by discontinuation of services
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Every contract made by the board of directors for the sale, conveyance, and distribution of water, use of water, water storage, or for the collection, treatment, or disposal of wastewater, or other service, or for the sale of any property or facilities, shall provide that in the …
SDCL § 46A-9-63 Funds of district--Creation by board of directors--Identification--Separate accounts
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The board of directors shall create separate funds, one fund to be known as the construction fund, another fund to be known as the water fund, another fund to be known as the debt service fund, and, if the district provides services for the collection, treatment, or disposal of w…
SDCL § 46A-9-64 Construction fund--Deposit of bond proceeds--Credit of interest received upon deposits--Disbursements--Balance transferred to debt service fund
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The proceeds of the sale of the bonds and other evidences of indebtedness of each series issued under the provisions of this chapter shall be placed to the credit of the appropriate construction fund, which fund shall at all times be kept segregated and set apart from all other f…
SDCL § 46A-9-65 Water or wastewater fund--Credit of revenue of works and operations--Payment of operation and maintenance costs
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All income or profit and revenue of the works and all moneys received from the sale, conveyance, distribution, or disposal of water, use of water, or water storage; from the collection, treatment, or disposal of wastewater; and from the operation, lease sale, or other disposition…
SDCL § 46A-9-66 Debt service fund--Transfer of balance from water fund--Moneys pledged for payment of evidences of indebtedness
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The board of directors shall provide in the proceedings authorizing the issuance of each series of bonds, warrants, notes, debentures, or other evidences of indebtedness or in the trust indenture securing the same, for paying into the appropriate debt service fund at stated inter…
SDCL § 46A-9-67 Deposit of funds--Payment of claims
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All moneys collected pursuant to this chapter shall be deposited with the water user district treasurer in any depository designated and approved by the board of directors of the water user district at a regular meeting and from which all valid claims against the district shall b…
SDCL § 46A-9-68 Fiscal year--Audit of financial affairs by board of directors, filing of written report
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The fiscal year of the water user district shall coincide with the calendar year. The board of directors, at the close of each year's business, shall cause an audit of the books, records, and financial affairs of the district to be made by an experienced public accountant, copies…
SDCL § 46A-9-69 Disposition of water supply works, drainage works, or wastewater systems
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No irrigation or other water supply works, drainage works, or systems or facilities for the collection, treatment, or disposal of wastewater owned by the district may be sold, alienated, or mortgaged by the district, except under the circumstances described by §§ 46A-9-70 to 46A-…
SDCL § 46A-9-7 Directors--Election at large or from election divisions--Boundaries of divisions
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Directors may be elected either at large, or from election divisions, without regard to whether municipality areas are included within the water user district. If the petition states that the directors shall be elected from election divisions, the petition shall describe the boun…
SDCL § 46A-9-70 Sale of unneeded works--Submission of question to Board of Water and Natural Resources--Special election--Notice--Majority vote authorizes sale
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If, in the judgment of the board of directors, it is in the best interest of the water user district to sell any portion of the district works not needed for the performance of any outstanding contract, and not mortgaged or hypothecated as provided for in § 46A-9-71 , the board o…
SDCL § 46A-9-71 Mortgage or hypothecation of property to secure payment of loans from governmental agencies
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If, in order to borrow money from the federal government or from any of its agencies, or from the State of South Dakota or from any other public or private provider of financing, it becomes necessary that the water user district mortgage or otherwise hypothecate any of its proper…
SDCL § 46A-9-72 Mortgage or trust deed to secure payment of borrowed money--Foreclosure upon default and appointment of receiver
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If any water user district created under this chapter shall execute and deliver a mortgage or trust deed to secure the payment of any moneys borrowed by it for the purposes herein authorized, it may be provided in such mortgage or trust deed that the same may be foreclosed upon d…
SDCL § 46A-9-73 Dissolution of district--Special election--Notice--Conditions for dissolution
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Any water user district organized under this chapter may be dissolved by authorization of a majority vote of the voters, qualified to vote for district directors, at a special election called by the board of directors for that purpose. Notice of the election shall be mailed to ea…