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South Dakota Codified Laws

Chapter 46A-13

S.D. Codified Laws ch. 46A-13

Interstate Drainage Districts

46A-13-1Petition for formation of interstate drainage district--Filing with clerk of court--Landowner qualifications--Time and place for hearing--Notice.46A-13-2Petition for formation of interstate drainage district--Jurisdiction of circuit court--Hearing--Determination of boundaries of district--Designation of name.46A-13-3Powers of interstate drainage district--Public corporation--Suits by and against district.46A-13-4Governing commission of interstate drainage district--Number and selection of members.46A-13-5Governing commission of interstate drainage district--Qualifications of members--Term of office of commissioners--Vacancies on commission, filling.46A-13-6Commissioners of interstate drainage district--Oath of office, filing--Bond, filing, approval by board of county commissioners.46A-13-7Organization of commission--Time--Officers--Costs.46A-13-8Compensation of commissioners.46A-13-9Contract for joint action with adjoining state for drainage or flood control.46A-13-10Petition for improvement of interstate drainage project--Filing with commission, Contents--Jurisdiction--Joint survey--Appointment of engineers.46A-13-11Bond of petitioners requesting improvement of interstate drainage project--Sureties, approval by commission--Amount--Conditions.46A-13-12Survey and report of engineers--Time for completion and filing.46A-13-13Proposed improvement of interstate drainage project affecting water of United States--Use of government surveys or plans.46A-13-14Report of survey by engineers--Consideration by commission and officials of adjoining state--Joint plan for construction of improvement--Order to be record of commission.46A-13-15Commission of viewers--Appointment--Report.46A-13-16Estimation of total cost of construction of proposed improvement of interstate drainage project.46A-13-17Agreement of commission and representatives of adjoining state as to amount of costs to be borne by property within the respective states--Hearings.46A-13-18Determination by commission fixing proportion of cost payable by district--Finality.46A-13-19Joint plan for proposed improvement of interstate drainage project--Establishment--Determination of proportion of cost to be borne by respective states--Hearing on petition to construct.46A-13-20Hearing on proposed improvement of interstate drainage project--Notice, publication and posting, description of plan, summoning of interested persons.46A-13-21Hearing on proposed improvement of interstate drainage project--Appearance for or against.46A-13-22Adjournment of hearing on proposed improvement of interstate drainage project, purposes--Modification of joint plan, recording.46A-13-23Denial of petition for drainage improvement--Grounds--Liability of petitioners for costs of proceeding.46A-13-24Establishment of drainage improvement by commission--Grounds--Designation of name.46A-13-25Costs borne by state--Assessments--Warrants.46A-13-26Damages caused by construction of proposed improvement--Assessment, hearing, appeal.46A-13-27Establishment of drainage improvement and determination of damages--Equalization of benefits.46A-13-28Assessments for portion of cost of construction of drainage improvement required to be paid by drainage district--Property subject to assessment.46A-13-29Bonds to raise money for portion of cost of construction of drainage improvement required to be paid by drainage district--Issuance and sale.46A-13-30Assessments for drainage purposes--Authority of commissioners of interstate drainage district.46A-13-31Special assessment order of commissioners of interstate drainage district--Certified copy filed with county treasurer--Lien of assessment--Collection and disbursement of assessments.46A-13-32Construction of drainage improvement--Provision for necessary funds--Letting of contract--Advertising for bids--Joint arrangements.46A-13-33Maintenance and repair of drainage improvement constructed by joint arrangement--Assessments.46A-13-34Absence of arrangement for joint action--Repair and maintenance treated as drainage improvement within state.46A-13-35Defects not affecting substantial rights disregarded in suit to avoid assessment or invalidate proceeding--Substantial defect--Rights of parties determined by court-Reassessment.46A-13-36Appeal from final determination of commission to circuit court--Manner and time of taking--Effect of taking.