Title 46A, WATER MANAGEMENT

A water project district may indemnify any person made a party or threatened to be made a party to any action, whether civil, criminal, administrative, or investigative in his capacity as director, officer, employee, or agent of the district or by serving at the request of the di…

The board of directors of a water project district shall establish amounts to reimburse each district director for expenses for lodging, meals, and mileage, and to provide compensation for each day of actual service for traveling to, attending, and returning from a meeting, heari…

The district board of directors shall: (1) Adopt a seal; (2) Keep a record of all proceedings, minutes, certificates, contracts, bonds, and employees' records and other business transacted by the directors; (3) Adopt bylaws, procedures, and requirements consistent with this chapt…

The district board of directors may: (1) Make surveys or utilize other surveys and data to plan and develop water projects; (2) Cooperate or contract with any person, state, or subdivision thereof, federal agency or private or public corporation as necessary; (3) Construct, clean…

No water project district may have jurisdictional authority or control over water rights. Source: SL 1984, ch 293 , § 38.

The petition established pursuant to § 46A-18-2 shall contain: (1) The name of the proposed district; (2) The object and purpose of the water project and works proposed to be constructed or acquired, together with a general description of the nature, location, and method of opera…

The district directors, within a reasonable length of time after qualifying, shall adopt an overall plan for improvements within the district. This plan shall be designated the general improvement plan for the water project district. The general improvement plan shall consist of …

Upon adoption of a general improvement plan or amendment, the district directors shall set the order in which specific projects in the plan shall be undertaken and shall obtain accurate surveys of the projects by a competent engineer. The engineer shall make written reports showi…

After approval by the board, the directors shall examine the plans, hold hearings on the proposals, and by resolution state that the proposed work, or any part thereof, should be accomplished. The resolution shall state whether the cost shall be paid by a general tax levy against…

The directors shall determine in the resolution whether to issue bonds of the district or other authorized financing to provide for payment of the cost of the project by installments. Source: SL 1984, ch 293 , § 42.

The resolution, upon being adopted, shall be published once a week for three successive weeks in a legal newspaper of general circulation in each county in which land of the district is located. The publication shall state the time and place the directors shall meet for hearing a…

No bonds may be issued and no financial commitments requiring the obligation of district taxes or assessments beyond the current fiscal year may be entered into, unless the directors have initiated hearings on the works proposed for construction and the benefits to accrue therefr…

No annual general tax levy, whether for annual district operation and maintenance expense or for payment of long term obligations, may exceed one dollar per thousand dollars of taxable valuation. No limitation applies to special assessments, except that special assessments may no…

In the election provided in § 46A-18-45 , all qualified voters of the district are eligible to vote. However, if special assessments are proposed, only those qualified voters of the district who are also landowners subject to the proposed assessments may vote. If the financing pr…

In lieu of tax levies or special assessments in municipalities, the district directors and the governing bodies of municipalities may enter into contracts for annual payments by the first or second municipality to the district. The governing bodies shall obligate amounts sufficie…

The directors, having completed an apportionment of benefits, shall prepare and by resolution approve a tax levy or assessment against real property within the district, or outside of the corporate limits of municipalities if a contract or contracts as provided in § 46A-18-48 are…

The assessed valuation for district tax purposes shall be the same assessed valuation that is used for general county levies. Source: SL 1984, ch 293 , § 49.

After collection, county officials shall monthly deliver taxes collected on behalf of the district to the district secretary - treasurer. Source: SL 1984, ch 293 , § 50; SL 1987, ch 332 , § 4.

Any party claiming to be aggrieved by the apportionment of the benefits or taxes or assessments may appeal in accordance with procedures established by state law for review of tax levies. Source: SL 1984, ch 293 , § 51.

Following a favorable vote as provided in § 46A-18-45 and in anticipation of tax or special assessment collections, the directors may issue no - fund warrants to pay district obligations. However, the outstanding amounts of such no - fund warrants may not exceed the product of on…

The directors may at any time call a special election to determine whether additional taxes or special assessments may be levied for the purpose of raising money for increased costs of district business or for a supplemental plan of improvements over and above the initial plan of…

The directors shall provide for adequate annual maintenance of the district's project works once constructed. They shall adopt an overall project schedule of routine operation and maintenance. They shall prepare annual operation and maintenance budgets for each calendar year in w…

The annual operation and maintenance budget shall include provisions for accumulation of a reserve fund for extraordinary maintenance or operation. The amount budgeted each year for the reserve fund shall be at least ten percent of the estimated cost of the annual routine operati…

In addition to the fund authorized in § 46A-18-57 , the directors may establish a separate reserve fund for project development and construction. The directors shall publish the amount budgeted for the fund for the following calendar year, the amount of money in the fund, and an …

Tax or special assessment levies in an amount sufficient to cover the budgeted operation and maintenance expense shall be included by the district directors in their tax assessment list. However, the levies may not exceed the limitations specified in this chapter and may not exce…

The lands proposed to be included within a 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 all or par…

On or before the first day of August of each year, the directors shall certify to the county auditor of each county in which district lands are located all taxes and assessments against the real property in the district. Extension of the taxes upon the tax and assessment lists sh…

Any district organized pursuant to this chapter may obtain grants or loans from any federal or state agency pursuant to any acts of Congress or the Legislature independently or in conjunction with any other power conferred by this chapter and may accept, from private owners or ot…

In addition to other powers specified by law, a board of county commissioners may contribute to districts assistance as necessary for the benefit of the county highway system, for maintenance of flood control or for water management and erosion control measures from the road fund…

A district may purchase real property, rights - of - way, or easements as necessary. If necessary, it may condemn them. If a district finds it necessary for maintenance of any part of improvements already constructed to add further construction or other improvements, the district…

The district directors may enter into contracts or other arrangements with the United States government or any department, with persons, with public and municipal corporations, with the government of this state, with drainage, soil and water conservation, conservancy, sewer, park…

The district board may enter into contracts to furnish water and other services and may, subject to the provisions of this chapter, fix and establish prices, rates, and charges at which the resources and facilities made available under the provisions of this chapter shall be sold…

A district may pledge security for any district obligations. Any district issuing obligations under the provisions of this chapter may pledge all or any part of the revenues which the district may derive from the sale, conveyance, or distribution of water or other services as sec…

All funds of the district shall be deposited by the district secretary - treasurer in a depository designated and approved by the directors and all warrants shall be drawn on the district. Source: SL 1984, ch 293 , § 66.

All claims against water project districts shall be paid by warrants or orders drawn on the district secretary-treasurer, signed by the chair of the district, and countersigned by its secretary-treasurer. If warrants or orders have been issued and delivered, they may be presented…

All county officials shall perform the services outlined in this chapter free of charge to the district. The services of the Board of Water and Natural Resources, as provided in this chapter, also shall be free of charge to the district. Source: SL 1984, ch 293 , § 68. 46A-18-70

Nothing in this chapter prevents the organization of a district within, or partly within, the territorial boundaries of another district organized hereunder or of another district organized under the provisions of Title 46A, so long as the Board of Water and Natural Resources cer…

The Board of Water and Natural Resources may at any time investigate the operations of any district. If it discovers the operations are detrimental to proper utilization of waters or existing rights, the board may in its discretion hold a hearing to obtain facts and information. …

This chapter may not be construed to deprive any municipality within the state, located either wholly or partially within any district, from the exercise of any rights to construct, acquire, operate, maintain, or dispose of waterworks or to perform other of its lawful functions. …

Twenty - five or more qualified voters or twenty - five percent of the qualified voters of a water project district, whichever is less, may petition the district directors to submit to an election the question of dissolving the district and settling its bonded and other indebtedn…

If less than sixty percent of the votes cast in the election are for dissolution of the district, the district shall continue in operation and there may not be another vote on dissolving the district for one year. If at least sixty percent of the votes cast are for dissolution, t…

Upon notification by the district directors of a vote to dissolve the district, the Board of Water and Natural Resources shall by resolution dissolve the water project district and shall file a copy of the resolution with the secretary of state. Source: SL 1984, ch 293 , § 75.

If, after a water project district has been dissolved and all assets of the district have been disposed of, any obligations of the district remain outstanding, the Board of Water and Natural Resources shall exercise the power and authority of the district board of directors until…

Directors of the proposed district may be elected either at large or from director divisions, without regard to whether municipality areas are included within the district. If the petition states that the directors shall be elected from director divisions, the petition shall desc…

In the petition, whether the directors are to be elected at large or by division, the directors named shall be divided into three groups, to be designated Group 1, Group 2, and Group 3, respectively. The members of Group 1 shall hold office until their successors, elected at the …