Title 46A, WATER MANAGEMENT

Any drainage basin utility district, whether it is located inside or outside the boundaries of a municipality, is a municipal utility as defined in § 9-40-2 . In administering the affairs of the district, the governing body may exercise, in addition to the powers granted in this …

In addition to the powers granted in statute regarding municipal utilities, the governing body, in administering the affairs of the drainage basin utility district, may do the following: (1) Assess and collect utility fees as provided in this chapter; (2) Designate a director, em…

The provisions of this chapter do not abrogate or limit the rights, powers, duties, and functions of the State Water Management Board with reference to water rights, flood control, outlet elevations for public lakes, or ordinary high and low water marks on public lakes, but are s…

This chapter or the establishment of a drainage basin utility district pursuant to this chapter does not imply that property liable for the fees and charges established pursuant to this chapter will always be free from stormwater flooding or flood damage. This chapter does not pu…

The governing body shall separately assess each basin within the district for facilities to be installed to serve each basin and to provide adequate drainage in each basin. The governing body shall designate the facilities to be installed, the time and schedule for installation o…

The governing body shall analyze each project and compare the total benefits to be achieved with the anticipated cost of the project. Projects shall be considered if the analysis indicates that the total benefits are greater than the cost of the project. Source: SL 1989, ch 388 ,…

The governing body shall prepare and adopt by resolution or ordinance a master drainage plan for district facilities. The plan shall include proposed projects, facilities and programs and proposed methods of funding the master drainage plan. The governing body shall also adopt by…

The governing body shall solicit all other affected public entities to cooperate in providing drainage facilities to carry out the drainage plan. Maps showing all basins and proposed facilities shall be furnished to the entities for their use in this matter. Source: SL 1989, ch 3…

Any combination of one or more counties or municipalities may, by joint powers agreement pursuant to chapter 1-24 , and subject to the limitations provided in this chapter, establish drainage basin utility districts to enhance the ability of local governments to comply with feder…

After delineating drainage basins pursuant to § 46A-10B-18 , the governing body may establish by ordinance stormwater basin development fees and stormwater utility fees to be paid by the developers or owners of property in each basin in the district as provided in §§ 46A-10B-21 a…

In the case of a lot or parcel of land upon which a building has not been erected, the governing body may require the payment of a stormwater basin development fee as a condition for the development of the property. The stormwater basin development fee is payable prior to the app…

The governing body may impose on each parcel of land or developed lot within the district a stormwater utility fee. This fee is intended to pay for the planning, operation, maintenance, administration, and routine functions of the existing stormwater facilities within the distric…

The governing body shall place all fees collected pursuant to §§ 46A-10B-20 , 46A-10B-21 , and 46A-10B-22 into a storm drainage fund or other fund established pursuant to § 46A-10B-28 to be used only for the purposes provided in this chapter, and reserved for the identified drain…

Any charge made pursuant to this chapter that is not paid when due may be recovered in an action at law by the governing body. Any stormwater utility fee or stormwater basin fee made pursuant to this chapter is a lien upon the property to which the fee is associated from the date…

Any owner who disputes the amount of a stormwater utility fee or a stormwater basin fee made against the owner's property or who disputes any determination made by the governing body pursuant to this chapter may petition the governing body for a hearing on a revision or modificat…

When all projects, facilities, and programs specified in the master drainage plan have been completed or implemented, any stormwater utility fees established pursuant to § 46A-10B-22 shall be reduced to a level not to exceed the amount necessary to properly operate and maintain t…

Any fee or charge paid pursuant to this chapter may be used solely to pay for the costs of operation, repair, maintenance, improvements, renewal, replacement, reconstruction, design, right - of - way acquisition, and construction of public stormwater facilities, for purposes auth…

In addition to or in lieu of the separate and special funds authorized in § 9-40-16 , the governing body may accumulate funds in a storm drainage fund or other capital reserve fund or operations and maintenance fund established by ordinance or resolution of the governing body. No…

The governing body may issue bonds pursuant to § 9-40-5 and chapter 6-8B to carry out the purposes of this chapter. If the amount of the bond issue does not exceed an amount that can economically be paid by district revenues during the term of the bond, no election on the questio…

No drainage basin utility district may be established unless each county and each municipality located wholly or partially within the proposed district has executed a joint powers agreement establishing the district, in accordance with the provisions of this chapter. No district …

Prior to the final approval of the plat of any subdivision, the owners of the property being subdivided shall at the owners' cost prepare a detailed drainage report and construction plans for the installation of all stormwater facilities required for the subdivision, including an…

If the governing body contracts with a developer to construct stormwater facilities that serve more than that development and are identified in the master drainage plan, the actual costs incurred are eligible for reimbursement in accordance with ordinances adopted by the governin…

If the developer enters into a repayment agreement pursuant to § 46A-10B-31 , with the governing body within ninety days of the completion and approval by the governing body of the drainage improvement or facility, then at the time the property abutting the off - site stormwater …

Any stormwater facility constructed, installed, or provided pursuant to this chapter, and formally accepted by the governing body, is the property of the governing body. The governing body thereafter is responsible for the operation and maintenance of the facility. Source: SL 198…

The Board of Water and Natural Resources and the Department of Agriculture and Natural Resources shall provide technical assistance upon request of the governing body. Source: SL 1989, ch 388 , § 40; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff.…

In establishing the ordinances or procedures required by this chapter, the board or the governing body shall consider the provisions of chapter 26, article vii, Ft. Collins code of the City of Ft. Collins, Colorado; any guidelines, standards or policies developed by the Urban Lan…

A drainage basin utility district may be dissolved only by an act of the Legislature, by joint powers agreement of each county and each municipality included within the district or by a petition for dissolution of the district signed by at least two - thirds of the owners of real…

Each person who signs the petition for dissolution shall add to the person's signature, in the person's own handwriting, the person's place of residence, a legal description of the person's real property within the district, and the date of signing. The petition may contain more …

The petition for dissolution shall be filed with the circuit court no more than ninety days after the creation of the district. Source: SL 1989, ch 388 , § 45.

At least once each week for two successive weeks before filing the petition for dissolution with the circuit court, the person filing the petition shall publish the petition and a notice of the filing in an official newspaper in each county in which land of the drainage basin uti…

The joint powers agreement establishing the district, in addition to the requirements of § 1-24-4 , shall include the following: (1) The name of the proposed drainage basin utility district; (2) A discussion of the need for establishing the proposed district; (3) A description of…

Lands may be added to or deleted from an existing drainage basin utility district through an amendment to the existing joint powers agreement establishing the district. The amendment shall address all portions of the existing agreement that will be affected by the addition or del…

If a petition for dissolution is filed with the circuit court as provided in this chapter, the court may dissolve the district. Source: SL 1989, ch 388 , § 47.

Two - thirds of the owners of real property within the district may petition the circuit court to suspend or cancel a project, facility, or program of the district that has been planned or is underway. A petition for cancellation or suspension of a project shall be in the same fo…

At least once each week for two successive weeks before filing a petition with the circuit court to cancel or suspend a district project, facility, or program, the person filing the petition shall publish a notice of the filing in an official newspaper in each county in which lan…

If the circuit court receives a valid petition signed by at least two - thirds of the owners of real property in the district for cancellation or suspension of a district project, facility, or program pursuant to § 46A-10B-41 , the circuit court may suspend or cancel the project …

Any county or municipality, within two weeks after initially transmitting or receiving a proposed joint powers agreement for the formation of a drainage basin utility district or a proposed amendment to add or delete lands from an existing district, shall, by mutual agreement wit…

At least once each week for two successive weeks before the hearing required in § 46A-10B-5 , each county or municipality in the proposed or existing district shall publish a summary of the proposed joint powers agreement or amendment and a notice of the hearing in its official n…

If the government of each county and municipality included within the proposed district approves and executes the joint powers agreement or amendment establishing the district or adjusting its boundaries within forty - five days after the public hearing held pursuant to § 46A-10B…

The joint powers agreement establishing a drainage basin utility district shall delineate the boundaries of the district as provided in § 46A-10B-4 . The boundaries of the district shall conform with the boundaries of one or more drainage basins to the extent that such basins lie…

The joint powers agreement establishing a drainage basin utility district shall designate and define the composition and powers of the governing body of the district, consistent with the provisions of this chapter. The governing body shall include at least two representatives of …

If an intrastate drainage project is established under the provisions of this chapter or chapter 46A-10A , the auditor of the county wherein such drainage project or portion thereof is situated shall file in the office of the register of deeds of the county a certified copy of th…

If no damages are required to be paid before taking lands for a project or if damages have been paid by proceeds from the sale of warrants, only one assessment need be made. However, the board may make several assessments as work progresses. Source: SDC 1939, § 61.1011; SDCL, § 4…

If project contractors agree to take assessment certificates or warrants for their services, assessments need not be made until the completion of the work. At that time an assessment shall be made for the entire balance of cost of construction, including services of the board, su…

Assessments shall be paid to the county treasurer and assessment proceeds shall be remitted to the holders of assessment certificates upon order of the board for the particular project. Source: SDC 1939, § 61.1011; SDCL, § 46-21-12; SL 1985, ch 362 , § 109.

Any owner of any tract of land against which an assessment for drainage is made who, within thirty days after the making of the assessment, files with the county auditor an agreement in writing that he will pay the assessment with interest as fixed by the board shall be allowed t…