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Home » US Law » 2022 South Dakota Codified Laws » Title 46 - Water Rights » Chapter 07 - Storage, Diversion And Irrigation Works » Section 46-7-5.1 – Repair of unsafe works by chief engineer–Cost as lien against property–Bidding provisions.

46-7-5.1. Repair of unsafe works by chief engineer–Cost as lien against property–Bidding provisions.

Upon failure or refusal of an owner of unsafe works to make the changes necessary to secure the safety of the works pursuant to the chief engineer’s order or order of the board, the chief engineer may enter upon the property where the works are located and make the necessary changes. The cost of the work shall be borne by the owner of the works and may be recorded as a lien against any property of the owner until paid. This section does not limit any other remedy against the owner of the works. The chief engineer shall comply with the bidding provisions of chapters 5-18A and 5-18B unless the chief engineer determines that compliance with those provisions will result in harm to public health or property.

Source: SL 1983, ch 314, §121; SL 1987, ch 328, §1B; SL 2011, ch 2, §145; SL 2011, ch 165, §280.