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South Dakota Codified Laws

Chapter 46A-9

S.D. Codified Laws ch. 46A-9

Water User Districts

46A-9-1Purpose of chapter.46A-9-2Definition of terms.46A-9-3Organization--Actions by and against--Creation and incorporation.46A-9-4Petition for organization of district--Filing with and approval by board--Contents.46A-9-5Lands included in district.46A-9-6Organization within territorial boundaries of another district.46A-9-7Directors--Election at large or from election divisions--Boundaries of divisions.46A-9-8Grouping of directors elected at large--Term of office.46A-9-9Petition for organization of district--Number of signatures required--Name, post office address, and location of land of petitioner.46A-9-10Instruments constituting petition for organization of district--Affidavit of circulator as to signatures on each sheet--Form.46A-9-11Maps, plans and estimates accompanying petition for organization of district--Location of lands within proposed district.46A-9-12Petition to organize district--Initial review--Dismissal.46A-9-13Publication of petition for organization of district.46A-9-14Protest against organization of district--Right to file with Board of Water and Natural Resources--Determination of validity by board.46A-9-15Investigation of proposed district and works by Board of Water and Natural Resources--Costs.46A-9-16Declaration of feasibility of proposed project and conformance to public convenience--Dismissal of petition or certificate of feasibility--Filing of certificate--District as public corporation.46A-9-17Validation of prior districts and boundaries--Validation of prior proceedings, bonds, and contracts.46A-9-18Board of directors--Qualification upon filing certificate of organization--Vacancy created by failure to qualify--First meeting.46A-9-19Additional territory, inclusion in district.46A-9-20Extension of district--Petition to include additional territory--Contents--Filing.46A-9-21Petition for expansion of district--Map showing location of lands to be included to accompany--Plans and estimates.46A-9-22Publication of notice for extension of district--Filing of protest.46A-9-23Action by Board of Water and Natural Resources on petition for extension of district--Certificate of approval--Filing--Effect.46A-9-23.1Exclusion of lands from district--Grounds--Procedure.46A-9-23.2Notices of hearing on exclusion--Protests.46A-9-24Members of board of directors succeeding original board--Nomination and election--Term of office.46A-9-25Hour and place of election.46A-9-26Election of directors--Voting rights.46A-9-27Notice of election time, place, and purpose--Mailing or publication.46A-9-28Registration of voters--Conduct of election--Costs.46A-9-29Candidate to fill vacancy or succeed an outgoing director--Vote necessary for election.46A-9-30Director to be landowner or entryman.46A-9-31Removal of members of board of directors from office--Grounds--Procedure.46A-9-32Vacancies on board of directors--Declaration of existence--Filling--Member elected to fill, term of office.46A-9-33Reimbursement of expenses and compensation of board members.46A-9-34Officers--Election by board of directors--Appointment of executive committee and other employees.46A-9-35Bond of treasurer.46A-9-36Corporate powers of district vested in board of directors.46A-9-37Bylaws and procedures--Adoption by board of directors--Minutes of meetings--Records of account, kept at principal place of business, open to public inspection.46A-9-38Indemnification of directors, officers, employees, or agents of districts.46A-9-39Powers of district.46A-9-40Powers of corporation for public purposes--Acquisition and disposition of property.46A-9-41Acquisition, management, use, and operation of works and property--Disposition of works.46A-9-42Transfer of obligations of nonprofit rural water supplier or wastewater system operator to water user district, sanitary district, or municipality--Majority vote of district.46A-9-43Contracts with governmental agencies authorized for certain purposes.46A-9-44Extraterritorial powers of district.46A-9-45Appropriation of waters of state by district--Interference with existing water rights forbidden.46A-9-46Eminent domain--Appraisement of private property or interest.46A-9-46.1Municipal approval of location of wastewater plant or system--Exception for existing plant or system.46A-9-47District has no power to tax or levy assessments--Others have no liability for district indebtedness or obligations.46A-9-48Costs of operation of district--Contract for payment of rent or charge for water storage or water supply.46A-9-49Grants or loans--Gifts.46A-9-50Cooperation with United States in acquisition and disposition of property.46A-9-51Eminent domain laws applicable to irrigation districts apply.46A-9-52Contracts governed by public agency procurement law.46A-9-53Filing of plans and specifications--Advertisement for bids.46A-9-54Contracts for proposed construction work--Employment of citizens of state--Bond of contractor.46A-9-55Certain proposed works exempt from competitive bidding requirements.46A-9-56Borrowing power of district--Sources from which obligations payable--Authorization, issuance, and sale of bonds.46A-9-57District obligations--Pledge of revenue for payment--Collateral security for loan.46A-9-58Refunding of district obligations.46A-9-59Revenues of district--Payment into special fund--Collection and disposition of special fund, terms, and conditions.46A-9-60Agreement between directors and holders of district obligations as to charges for water, sewage disposal, or other services.46A-9-61Prices, rates, and charges--Contracts.46A-9-62Default in payment of money specified in agreement--Termination of contract--Right to recovery not affected by discontinuation of services.46A-9-63Funds of district--Creation by board of directors--Identification--Separate accounts.46A-9-64Construction fund--Deposit of bond proceeds--Credit of interest received upon deposits--Disbursements--Balance transferred to debt service fund.46A-9-65Water or wastewater fund--Credit of revenue of works and operations--Payment of operation and maintenance costs.46A-9-66Debt service fund--Transfer of balance from water fund--Moneys pledged for payment of evidences of indebtedness.46A-9-67Deposit of funds--Payment of claims.46A-9-68Fiscal year--Audit of financial affairs by board of directors, filing of written report.46A-9-69Disposition of water supply works, drainage works, or wastewater systems.46A-9-70Sale of unneeded works--Submission of question to Board of Water and Natural Resources--Special election--Notice--Majority vote authorizes sale.46A-9-71Mortgage or hypothecation of property to secure payment of loans from governmental agencies.46A-9-72Mortgage or trust deed to secure payment of borrowed money--Foreclosure upon default and appointment of receiver.46A-9-73Dissolution of district--Special election--Notice--Conditions for dissolution.46A-9-74Dissolution complete upon resolution of board canvassing vote--Filing.46A-9-75Cancellation of applications for appropriation of water upon dissolution.46A-9-76Municipalities excepted from chapter--Contracts with district.46A-9-77Irrigation districts--Powers and functions unaffected by chapter.46A-9-78Retirement system--Participation.46A-9-79Appointment of water master.46A-9-80Duties of water master.46A-9-81Removal of water master.46A-9-82Grievance appeal.46A-9-83Water Management Board not affected.46A-9-84Group insurance for members of board of directors.46A-9-85Director or employee benefit from contract authorized.46A-9-86Director or employee benefit from contract authorized--Direct benefit described.