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South Dakota Codified Laws

Chapter 46A-4

S.D. Codified Laws ch. 46A-4

Organization, Boundaries and Dissolution of Irrigation Districts

46A-4-1Creation of irrigation district--Filing petition--Number of electors required.46A-4-2Elector defined.46A-4-3Petition to organize irrigation district--Number of signers--Boundaries to be described--Request for organization.46A-4-3.1Petition--Signing by electors--Form--Affidavit of circulator.46A-4-4Petition for formation of irrigation district--Map of proposed district to accompany, contents.46A-4-4.1Notice of hearing to consider petition--Publication--Contents--Approval of petition--Fixing date for election.46A-4-546A-4-5 to 46A-4-7. Repealed by SL 1984, ch 294, §§ 7 to 9 46A-4-8Inclusion in irrigation district of lands capable of being irrigated from works in proposed district.46A-4-9Ditches or canals constructed before July 1, 1917, and lands watered by them--Exemption--Rights of ditches already constructed.46A-4-10Holding or taxing nonirrigable land for irrigation purposes.46A-4-11RepealedRepealed 46A-4-12Change in proposed boundaries by board--Exclusion of certain lands from district.46A-4-13RepealedRepealed 46A-4-14District divided into divisions by board--Size and number--Election of directors--Terms--Assessment of property within district.46A-4-14.1Division representing tribal or trust lands--Excepted from chapter.46A-4-15Notice of election on proposed district--Date of election--Contents of notice--Publication--Ballot form.46A-4-15.146A-4-15.1, 46A-4-16. Repealed by SL 1998, ch 36, §§ 52, 53 46A-4-17Persons qualified to vote at elections.46A-4-18Corporate ownership of lands within proposed or existing irrigation districts--Designation of agent to vote in behalf of elections for organization of district.46A-4-19Election procedure--Applicability of general laws--Resolution declaring district organized--District as political subdivision.46A-4-20Resolution declaring district organized--Filing for record.46A-4-21Election of director for each division.46A-4-22Unentered public lands a major portion of district--Appointment of majority of directors by secretary of interior--Term of office.46A-4-23Directors elected at large as a result of appointment of majority of directors by secretary of interior--Term of office.46A-4-24Directors elected at election to establish district--Terms of office--Tie election, procedure.46A-4-25Annual election of directors--Nomination--Election by receiving highest number of votes.46A-4-26Hours of voting.46A-4-27Director requirements--Elector--Residence.46A-4-27.1Transmittal of election results.46A-4-28Nominating petition for directors--Filing--Form--Signers.46A-4-29RepealedRepealed 46A-4-30Election not required where no question or contest--Retention of office by incumbent.46A-4-31Notices of election after organization of district--Publication and posting.46A-4-32Elections after district organized and first set of directors elected--Voting by mail.46A-4-33Precinct election officers--Appointment by board of directors or electors.46A-4-34Chair of election board--Oaths.46A-4-35Precinct election boards--Oaths of members, administration, and certification.46A-4-36Canvass of votes by board--Time and place.46A-4-37Declaration of election results--Certificate of election.46A-4-38Statement of election results--Filing--Contents.46A-4-39Vacancy in office of board of directors--Filling--District treasurer appointed by board.46A-4-40Elected directors--Qualifying--Term of office--Time for assumption of duties.46A-4-41Directors' and officers' oath of office--Official bonds.46A-4-42District appointed fiscal agent of United States to collect money for federal reclamation project--Additional bond required--Right to sue on bond.46A-4-43Bond of officers and directors--Form--Obligee--Cost of surety bonds, payment by the district.46A-4-44Organization meeting of board of directors--Election of president and vice-president--Appointment of secretary.46A-4-45Meetings of directors--Special meetings--Open to public--Quorum--Vote required for action.46A-4-46Records of board of directors open for inspection--Publication of statement of proceedings--Filing of list of expenditures.46A-4-47Compensation of district directors--Payment from district fund.46A-4-48Powers and duties of board of directors of district--Distribution and printing of bylaws and procedures--Water rights appurtenant to land.46A-4-49Interest in contract of district or acceptance of bribe by director or officer as felony.46A-4-50Change of irrigation district boundaries--Exclusion of land within boundaries.46A-4-51Common school and endowment irrigable lands within district--Sale--Inclusion in district.46A-4-52Assent of secretary of interior necessary for change in boundaries of district contracting with United States.46A-4-53Petition for inclusion of tract of land within boundaries of irrigation district--Contents.46A-4-54Participation by conservators and personal representatives of estates.46A-4-55Change 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.46A-4-56Hearing on petition to change boundaries--Adjournment--Assent to change.46A-4-57Rejection of petition to change boundaries--Resolution of board--Contents.46A-4-58Land not included in irrigation district unless owner or lessee obligated to pay assessments or charges.46A-4-59Payment by petitioners of share of original district assessments as condition for granting petition.46A-4-60Board order for election on filing of protests--Publication of notice--Ballots--Boundary descriptions.46A-4-61Order of board in conformity with election results on boundary change.46A-4-62Filing and recording of order changing boundaries--Effect of change.46A-4-63Petition for change of boundaries of irrigation district--Recording in minutes of board of directors, admissibility as evidence.46A-4-64Redivision of district following inclusion of land--Election precints.46A-4-65Exclusion of contiguous tracts of land from district--Petition--Contents.46A-4-66Notice of petition to exclude land--Publication--Contents--Time for hearing.46A-4-67Hearing on petition to exclude land--Assent of interested persons.46A-4-68Resolution for exclusion of land when bonds or federal contract outstanding--Bondholders' or federal assent required--Assent waived by terms of bond issue.46A-4-69Grant or denial of petition to exclude land from district--Best interests of district--Conditions for exclusion.46A-4-70Election ordered on exclusion after objections filed--Publication of notice--Contents--Conduct of election.46A-4-71Majority 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.46A-4-72Order excluding land from irrigation district--Entry in minutes of board of directors--Filing and recording--Effect of order.46A-4-73Exclusion of land from irrigation district--Refunding of assessments.46A-4-74Exclusion of land from irrigation district--Effect of change on office of director.46A-4-75Exclusion of land from irrigation district--Redivision of district by board of directors--Election precincts, establishment, change from time to time.46A-4-76Resolution to exclude unproductive lands from district--Reasons--Service on owners and residents--Publication of notice.46A-4-77Hearing on exclusion of unproductive lands--Time and place--Objections--Failure to object deemed consent--Rescission of resolution or adoption of second exclusion resolution.46A-4-78Motion to reconsider exclusion of unproductive lands--Time--Appeal to circuit court--Contents--Trial--Filing of final resolution.46A-4-79Rearrangement or reapportionment of district divisions upon exclusion of lands--Effects of exclusion--Procedural defects--Resolutions and bylaws.46A-4-80Subirrigated land--Relief from district assessments--Recording of suspension order.46A-4-81Dissolution of district--Petition by majority of assessment payers--Calling of election by board--Notice of election.46A-4-82Dissolution of district contracting with United States--Assent of secretary of interior--Recording.46A-4-83Election ballots on dissolution of district--Form and contents--Conduct of election.46A-4-84Certification of election returns and ballots--Canvass of returns--Declaration of result--Recording.46A-4-85Vote against dissolution precludes another election during year.46A-4-86Majority vote for dissolution of irrigation district--Notice by board of directors to creditors of district--Settlement of claims.46A-4-87Raising of money to pay debts--Valuation of property by appraisers--Appointment--Report.46A-4-88Sale of property by board of directors--Advertisement--Notice of sale--Consideration of bids of purchasers by board of directors.46A-4-89Rejection of bids for purchase of property--Private negotiations for sale--Deferred payments--Lien--Foreclosure.46A-4-90Additional security for deferred payments--Collection.46A-4-91Bonds and obligations of district--Redemption after sale of property on dissolution of district.46A-4-92Payment of outstanding obligations with proceeds of property sales--Prices paid.46A-4-93Proceeds of sale of property on dissolution of irrigation district insufficient to pay debts--Assessments against lands in the district.46A-4-94Disposal of property--Payment of obligations--Report of board--Filing and recording--Contents--Time for action on unpaid claim.46A-4-95Validation of previously created irrigation districts.