46A-9-1. Purpose of chapter. Conservation of the state’s water resources is hereby declared to be a state function, and the public interest, welfare, convenience, and necessity require the creation of water user districts and the construction of systems of works, as provided in this chapter, for the conservation, storage, distribution, and utilization of water and […]
46A-9-10. Instruments constituting petition for organization of district–Affidavit of circulator as to signatures on each sheet–Form. The petition may contain any number of separate instruments, and to each sheet for petitioners’ signatures shall be attached a full and correct copy of the petition. Every sheet of every such petition containing signatures shall have upon it […]
46A-9-11. Maps, plans and estimates accompanying petition for organization of district–Location of lands within proposed district. The petition shall be filed with the Department of Agriculture and Natural Resources together with a list of the petitioners’ names, mailing addresses, and lands owned or entered. The petition shall be accompanied by a map or maps showing […]
46A-9-12. Examination of petition by Department of Water and Natural Resources to determine compliance with law–Noncompliance with law, dismissal of petition. Upon receipt of the petition, the department shall determine whether the petition complies with the requirements set forth in §§46A-9-4 to 46A-9-11, inclusive, and dismiss the petition if the requirements have not been complied […]
46A-9-13. Publication of petition for organization of district. If the department determines the petition complies with requirements of this chapter, a notice shall be published in each county in which lands within the proposed water user district lie, in a legal newspaper of general circulation in the county, once each week for at least two […]
46A-9-14. Protest against organization of district–Right to file with Board of Water and Natural Resources–Determination of validity by board. Any owner or entryman of land within the proposed water user district who did not sign the petition may file with the Board of Water and Natural Resources a written protest against the qualifications of any […]
46A-9-15. Investigation of proposed district and works by Board of Water and Natural Resources–Costs. If the Board of Water and Natural Resources determines that the petitioners have complied with the requirements of this chapter, the board shall make an immediate investigation of the proposed water user district and of its proposed works, systems, or plans […]
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. The Board of Water and Natural Resources, within ninety days from the receipt of the petition, or within ninety days from the time funds become available to defray the cost of the […]
46A-9-17. Validation of prior districts and boundaries–Validation of prior proceedings, bonds, and contracts. All water user districts, created under the provisions of this chapter, and additions to and deletions from the districts, established or purporting to be established or adjusted before July 1, 1978, pursuant to the provisions of this chapter and having a de […]
46A-9-18. Board of directors–Qualification upon filing certificate of organization–Vacancy created by failure to qualify–First meeting. Immediately upon the filing of said certificate in the Office of the Secretary of State and a certified copy thereof in the office of each such county auditor, the members of the board of directors named in the petition shall […]
46A-9-19. Additional territory, inclusion in district. The procedure for extending a water user district by including additional territory shall be as provided by §§46A-9-20 to 46A-9-23, inclusive. Source: SL 1943, ch 310; SDC Supp 1960, §61.1304 (2); SDCL, §46-16-18.
46A-9-2. Definition of terms. Terms used in this chapter mean: (1)”Board,” the board of directors of a district organized under this chapter; (2)”City” or “town,” a municipal corporation as classified in §§9-2-1 and 9-2-2. The term, city, also means a city organized under special territorial charter; (3)”Landowner,” any resident of South Dakota who is an […]
46A-9-20. Extension of district–Petition to include additional territory–Contents–Filing. A water user district may be extended by including additional territory by filing in the Department of Agriculture and Natural Resources a petition in writing, verified by the circulator of the petition, addressed to the department, signed by at least twenty-five percent of the landowners or entrymen […]
46A-9-21. Petition for expansion of district–Map showing location of lands to be included to accompany–Plans and estimates. The petition shall be filed with the Department of Agriculture and Natural Resources, together with a list of the petitioners’ names, mailing addresses, and lands owned or entered. The petition shall be accompanied by a map or maps […]
46A-9-22. Publication of notice for extension of district–Filing of protest. A notice shall be published in each county in which the lands to be included lie, in a legal newspaper of general circulation in the county, once each week for at least two successive weeks. The last date of publication shall be at least thirty […]
46A-9-23. Action by Board of Water and Natural Resources on petition for extension of district–Certificate of approval–Filing–Effect. Upon receipt of the petition the Board of Water and Natural Resources shall act upon the petition in the same manner as required upon an original petition to create a water user district, as set forth in §§46A-9-12 […]
46A-9-23.1. Exclusion of lands from district–Grounds–Procedure. If the board of directors of a water user district finds that there are lands within the district not utilizing the services of the district and that it is not feasible or necessary to retain those lands within the district, the board shall adopt a resolution stating its findings […]
46A-9-23.2. Notices of hearing on exclusion–Protests. Following the setting of a hearing date by the Board of Water and Natural Resources under the provisions of §46A-9-23.1, the board of directors of a water user district shall publish a copy of the resolution and a notice of the time and place when the resolution shall be […]
46A-9-24. Members of board of directors succeeding original board–Nomination and election–Term of office. After the qualification of the original board, members to succeed those in the three groups provided for in §46A-9-8, respectively, and to fill unexpired terms, shall be nominated and elected and shall take office, subject to the provisions of this chapter. Prior […]
46A-9-25. Hour and place of election. The board of directors of the water user district shall fix the hour and place, within the boundaries of the district, of each election and shall preside at the election. If the district is divided into election divisions, the board of directors in its discretion may fix a place […]
