Water User Districts

  1. Law
  2. South Dakota Codified Laws
  3. Water Management
  4. Water User Districts

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Section
46A-9-1

Purpose of chapter.

Section
46A-9-2

Definition of terms.

Section
46A-9-3

Organization--Actions by and against--Creation and incorporation.

Section
46A-9-4

Petition for organization of district--Filing with and approval by board--Contents.

Section
46A-9-5

Lands included in district.

Section
46A-9-6

Organization within territorial boundaries of another district.

Section
46A-9-7

Directors--Election at large or from election divisions--Boundaries of divisions.

Section
46A-9-8

Grouping of directors elected at large--Term of office.

Section
46A-9-9

Petition for organization of district--Number of signatures required--Name, post office address, and location of land of petitioner.

Section
46A-9-10

Instruments constituting petition for organization of district--Affidavit of circulator as to signatures on each sheet--Form.

Section
46A-9-11

Maps, plans and estimates accompanying petition for organization of district--Location of lands within proposed district.

Section
46A-9-12

Examination of petition by Department of Water and Natural Resources to determine compliance with law--Noncompliance with law, dismissal of petition.

Section
46A-9-13

Publication of petition for organization of district.

Section
46A-9-14

Protest against organization of district--Right to file with Board of Water and Natural Resources--Determination of validity by board.

Section
46A-9-15

Investigation of proposed district and works by Board of Water and Natural Resources--Costs.

Section
46A-9-16

Declaration of feasibility of proposed project and conformance to public convenience--Dismissal of petition or certificate of feasibility--Filing of certificate--District as public corporation.

Section
46A-9-17

Validation of prior districts and boundaries--Validation of prior proceedings, bonds, and contracts.

Section
46A-9-18

Board of directors--Qualification upon filing certificate of organization--Vacancy created by failure to qualify--First meeting.

Section
46A-9-19

Additional territory, inclusion in district.

Section
46A-9-20

Extension of district--Petition to include additional territory--Contents--Filing.

Section
46A-9-21

Petition for expansion of district--Map showing location of lands to be included to accompany--Plans and estimates.

Section
46A-9-22

Publication of notice for extension of district--Filing of protest.

Section
46A-9-23

Action by Board of Water and Natural Resources on petition for extension of district--Certificate of approval--Filing--Effect.

Section
46A-9-23.1

Exclusion of lands from district--Grounds--Procedure.

Section
46A-9-23.2

Notices of hearing on exclusion--Protests.

Section
46A-9-24

Members of board of directors succeeding original board--Nomination and election--Term of office.

Section
46A-9-25

Hour and place of election.

Section
46A-9-26

Election of directors--Voting rights.

Section
46A-9-27

Notice of election time, place, and purpose--Mailing or publication.

Section
46A-9-28

Registration of voters--Conduct of election--Costs.

Section
46A-9-29

Candidate to fill vacancy or succeed an outgoing director--Vote necessary for election.

Section
46A-9-30

Director to be landowner or entryman.

Section
46A-9-31

Removal of members of board of directors from office--Grounds--Procedure.

Section
46A-9-32

Vacancies on board of directors--Declaration of existence--Filling--Member elected to fill, term of office.

Section
46A-9-33

Reimbursement of expenses and compensation of board members.

Section
46A-9-34

Officers--Election by board of directors--Appointment of executive committee and other employees.

Section
46A-9-35

Bond of treasurer.

Section
46A-9-36

Corporate powers of district vested in board of directors.

Section
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.

Section
46A-9-38

Indemnification of directors, officers, employees, or agents of districts.

Section
46A-9-39

Powers of district.

Section
46A-9-40

Powers of corporation for public purposes--Acquisition and disposition of property.

Section
46A-9-41

Acquisition, management, use, and operation of works and property--Disposition of works.

Section
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.

Section
46A-9-43

Contracts with governmental agencies authorized for certain purposes.

Section
46A-9-44

Extraterritorial powers of district.

Section
46A-9-45

Appropriation of waters of state by district--Interference with existing water rights forbidden.

Section
46A-9-46

Eminent domain--Appraisement of private property or interest.

Section
46A-9-46.1

Municipal approval of location of wastewater plant or system--Exception for existing plant or system.

Section
46A-9-47

District has no power to tax or levy assessments--Others have no liability for district indebtedness or obligations.

Section
46A-9-48

Costs of operation of district--Contract for payment of rent or charge for water storage or water supply.

Section
46A-9-49

Grants or loans--Gifts.

Section
46A-9-50

Cooperation with United States in acquisition and disposition of property.

Section
46A-9-51

Eminent domain laws applicable to irrigation districts apply.

Section
46A-9-52

Contracts governed by public agency procurement law.

Section
46A-9-53

Filing of plans and specifications--Advertisement for bids.

Section
46A-9-54

Contracts for proposed construction work--Employment of citizens of state--Bond of contractor.

Section
46A-9-55

Certain proposed works exempt from competitive bidding requirements.

Section
46A-9-56

Borrowing power of district--Sources from which obligations payable--Authorization, issuance, and sale of bonds.

Section
46A-9-57

District obligations--Pledge of revenue for payment--Collateral security for loan.

Section
46A-9-58

Refunding of district obligations.

Section
46A-9-59

Revenues of district--Payment into special fund--Collection and disposition of special fund, terms, and conditions.

Section
46A-9-60

Agreement between directors and holders of district obligations as to charges for water, sewage disposal, or other services.

Section
46A-9-61

Prices, rates, and charges--Contracts.

Section
46A-9-62

Default in payment of money specified in agreement--Termination of contract--Right to recovery not affected by discontinuation of services.

Section
46A-9-63

Funds of district--Creating by board of directors--Identification--Separate accounts.

Section
46A-9-64

Construction fund--Deposit of bond proceeds--Credit of interest received upon deposits--Disbursements--Balance transferred to debt service fund.

Section
46A-9-65

Water or wastewater fund--Credit of revenue of works and operations--Payment of operation and maintenance costs.

Section
46A-9-66

Debt service fund--Transfer of balance from water fund--Moneys pledged for payment of evidences of indebtedness.

Section
46A-9-67

Deposit of funds--Payment of claims.

Section
46A-9-68

Fiscal year--Audit of financial affairs by board of directors, filing of written report.

Section
46A-9-69

Disposition of water supply works, drainage works, or wastewater systems.

Section
46A-9-70

Sale of unneeded works--Submission of question to Board of Water and Natural Resources--Special election--Notice--Majority vote authorizes sale.

Section
46A-9-71

Mortgage or hypothecation of property to secure payment of loans from governmental agencies.

Section
46A-9-72

Mortgage or trust deed to secure payment of borrowed money--Foreclosure upon default and appointment of receiver.

Section
46A-9-73

Dissolution of district--Special election--Notice--Conditions for dissolution.

Section
46A-9-74

Dissolution complete upon resolution of board canvassing vote--Filing.

Section
46A-9-75

Cancellation of applications for appropriation of water upon dissolution.

Section
46A-9-76

Municipalities excepted from chapter--Contracts with district.

Section
46A-9-77

Irrigation districts--Powers and functions unaffected by chapter.

Section
46A-9-78

Retirement system--Participation.

Section
46A-9-79

Appointment of water master.

Section
46A-9-80

Duties of water master.

Section
46A-9-81

Removal of water master.

Section
46A-9-82

Grievance appeal.

Section
46A-9-83

Water Management Board not affected.

Section
46A-9-84

Group insurance for members of board of directors.