Organization, Boundaries And Dissolution Of Irrigation Districts

  1. Law
  2. South Dakota Codified Laws
  3. Water Management
  4. Organization, Boundaries And Dissolution Of Irrigation Districts

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Section
46A-4-1

Creation of irrigation district--Filing petition--Number of electors required.

Section
46A-4-2

Elector defined.

Section
46A-4-3

Petition to organize irrigation district--Number of signers--Boundaries to be described--Request for organization.

Section
46A-4-3.1

Petition--Signing by electors--Form--Affidavit of circulator.

Section
46A-4-4

Petition for formation of irrigation district--Map of proposed district to accompany, contents.

Section
46A-4-4.1

Notice of hearing to consider petition--Publication--Contents--Approval of petition--Fixing date for election.

Sections
46A-4-5 - to 46A-4-7

Repealed.

Section
46A-4-8

Inclusion in irrigation district of lands capable of being irrigated from works in proposed district.

Section
46A-4-9

Ditches or canals constructed before July 1, 1917, and lands watered by them--Exemption--Rights of ditches already constructed.

Section
46A-4-10

Holding or taxing nonirrigable land for irrigation purposes.

Section
46A-4-11

Repealed.

Section
46A-4-12

Change in proposed boundaries by board--Exclusion of certain lands from district.

Section
46A-4-13

Repealed.

Section
46A-4-14

District divided into divisions by board--Size and number--Election of directors--Terms--Assessment of property within district.

Section
46A-4-14.1

Division representing tribal or trust lands--Excepted from chapter.

Section
46A-4-15

Notice of election on proposed district--Date of election--Contents of notice--Publication--Ballot form.

Section
46A-4-15.1

46A-4-16. Repealed.

Section
46A-4-17

Persons qualified to vote at elections.

Section
46A-4-18

Corporate ownership of lands within proposed or existing irrigation districts--Designation of agent to vote in behalf of elections for organization of district.

Section
46A-4-19

Election procedure--Applicability of general laws--Resolution declaring district organized--District as political subdivision.

Section
46A-4-20

Resolution declaring district organized--Filing for record.

Section
46A-4-21

Election of director for each division.

Section
46A-4-22

Unentered public lands a major portion of district--Appointment of majority of directors by secretary of interior--Term of office.

Section
46A-4-23

Directors elected at large as a result of appointment of majority of directors by secretary of interior--Term of office.

Section
46A-4-24

Directors elected at election to establish district--Terms of office--Tie election, procedure.

Section
46A-4-25

Annual election of directors--Nomination--Election by receiving highest number of votes.

Section
46A-4-26

Hours of voting.

Section
46A-4-27

Directors to be electors of division--Residence.

Section
46A-4-27.1

Nominating petitions for initial board of directors--Election not required if only one petition--Notice of vacancies and election--Results and certificate of election.

Section
46A-4-28

Nominating petition for directors--Filing--Form--Signers.

Section
46A-4-29

Repealed.

Section
46A-4-30

Election not required where no question or contest--Retention of office by incumbent.

Section
46A-4-31

Notices of election after organization of district--Publication and posting.

Section
46A-4-32

Elections after district organized and first set of directors elected--Voting by mail.

Section
46A-4-33

Precinct election officers--Appointment by board of directors or electors.

Section
46A-4-34

Chair of election board--Oaths.

Section
46A-4-35

Precinct election boards--Oaths of members, administration, and certification.

Section
46A-4-36

Canvass of votes by board--Time and place.

Section
46A-4-37

Declaration of election results--Certificate of election.

Section
46A-4-38

Statement of election results--Filing--Contents.

Section
46A-4-39

Vacancy in office of board of directors--Filling--District treasurer appointed by board.

Section
46A-4-40

Elected directors--Qualifying--Term of office--Time for assumption of duties.

Section
46A-4-41

Directors' and officers' oath of office--Official bonds.

Section
46A-4-42

District appointed fiscal agent of United States to collect money for federal reclamation project--Additional bond required--Right to sue on bond.

Section
46A-4-43

Bond of officers and directors--Form--Obligee--Cost of surety bonds, payment by the district.

Section
46A-4-44

Organization meeting of board of directors--Election of president and vice-president--Appointment of secretary.

Section
46A-4-45

Meetings of directors--Special meetings--Open to public--Quorum--Vote required for action.

Section
46A-4-46

Records of board of directors open for inspection--Publication of statement of proceedings--Filing of list of expenditures.

Section
46A-4-47

Compensation of district directors--Payment from district fund.

Section
46A-4-48

Powers and duties of board of directors of district--Distribution and printing of bylaws and procedures--Water rights appurtenant to land.

Section
46A-4-49

Interest in contract of district or acceptance of bribe by director or officer as felony.

Section
46A-4-50

Change of irrigation district boundaries--Exclusion of land within boundaries.

Section
46A-4-51

Common school and endowment irrigable lands within district--Sale--Inclusion in district.

Section
46A-4-52

Assent of secretary of interior necessary for change in boundaries of district contracting with United States.

Section
46A-4-53

Petition for inclusion of tract of land within boundaries of irrigation district--Contents.

Section
46A-4-54

Participation by conservators and personal representatives of estates.

Section
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.

Section
46A-4-56

Hearing on petition to change boundaries--Adjournment--Assent to change.

Section
46A-4-57

Rejection of petition to change boundaries--Resolution of board--Contents.

Section
46A-4-58

Land not included in irrigation district unless owner or lessee obligated to pay assessments or charges.

Section
46A-4-59

Payment by petitioners of share of original district assessments as condition for granting petition.

Section
46A-4-60

Board order for election on filing of protests--Publication of notice--Ballots--Boundary descriptions.

Section
46A-4-61

Order of board in conformity with election results on boundary change.

Section
46A-4-62

Filing and recording of order changing boundaries--Effect of change.

Section
46A-4-63

Petition for change of boundaries of irrigation district--Recording in minutes of board of directors, admissibility as evidence.

Section
46A-4-64

Redivision of district following inclusion of land--Election precints.

Section
46A-4-65

Exclusion of contiguous tracts of land from district--Petition--Contents.

Section
46A-4-66

Notice of petition to exclude land--Publication--Contents--Time for hearing.

Section
46A-4-67

Hearing on petition to exclude land--Assent of interested persons.

Section
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.

Section
46A-4-69

Grant or denial of petition to exclude land from district--Best interests of district--Conditions for exclusion.

Section
46A-4-70

Election ordered on exclusion after objections filed--Publication of notice--Contents--Conduct of election.

Section
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.

Section
46A-4-72

Order excluding land from irrigation district--Entry in minutes of board of directors--Filing and recording--Effect of order.

Section
46A-4-73

Exclusion of land from irrigation district--Refunding of assessments.

Section
46A-4-74

Exclusion of land from irrigation district--Effect of change on office of director.

Section
46A-4-75

Exclusion of land from irrigation district--Redivision of district by board of directors--Election precincts, establishment, change from time to time.

Section
46A-4-76

Resolution to exclude unproductive lands from district--Reasons--Service on owners and residents--Publication of notice.

Section
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.

Section
46A-4-78

Motion to reconsider exclusion of unproductive lands--Time--Appeal to circuit court--Contents--Trial--Filing of final resolution.

Section
46A-4-79

Rearrangement or reapportionment of district divisions upon exclusion of lands--Effects of exclusion--Procedural defects--Resolutions and bylaws.

Section
46A-4-80

Subirrigated land--Relief from district assessments--Recording of suspension order.

Section
46A-4-81

Dissolution of district--Petition by majority of assessment payers--Calling of election by board--Notice of election.

Section
46A-4-82

Dissolution of district contracting with United States--Assent of secretary of interior--Recording.

Section
46A-4-83

Election ballots on dissolution of district--Form and contents--Conduct of election.

Section
46A-4-84

Certification of election returns and ballots--Canvass of returns-- Declaration of result--Recording.

Section
46A-4-85

Vote against dissolution precludes another election during year.

Section
46A-4-86

Majority vote for dissolution of irrigation district--Notice by board of directors to creditors of district--Settlement of claims.

Section
46A-4-87

Raising of money to pay debts--Valuation of property by appraisers--Appointment--Report.

Section
46A-4-88

Sale of property by board of directors--Advertisement--Notice of sale--Consideration of bids of purchasers by board of directors.

Section
46A-4-89

Rejection of bids for purchase of property--Private negotiations for sale--Deferred payments--Lien--Foreclosure.

Section
46A-4-90

Additional security for deferred payments--Collection.

Section
46A-4-91

Bonds and obligations of district--Redemption after sale of property on dissolution of district.

Section
46A-4-92

Payment of outstanding obligations with proceeds of property sales--Prices paid.

Section
46A-4-93

Proceeds of sale of property on dissolution of irrigation district insufficient to pay debts--Assessments against lands in the district.

Section
46A-4-94

Disposal of property--Payment of obligations--Report of board--Filing and recording--Contents--Time for action on unpaid claim.

Section
46A-4-95

Validation of previously created irrigation districts.