S.D. Codified Laws § 46A-11-16 — SD Code / Title 46A / Chapter 11 / Section 46A-11-16
Assessments of school and public lands for construction of drainage project--Certification by county auditor--Payment
Status: in_force

Any assessment against lands described in § 46A-10A-56 for construction of a drainage project shall be certified by the county auditor of the county in which the project is located to the board or officer having charge of the lands. If sufficient funds are under control of the officer or board from which payment of the assessment can be made, it shall be made. If sufficient funds are not available, the officer or board shall approve the assessment and certify it to the state auditor, who shall pay the assessment from money available for that purpose. If no money is available, the state auditor shall request the Legislature to provide an appropriation for payment of the assessment. The payment shall be made to the treasurer of the county in which the lands are located. No penalty other than interest may attach to any such land after an assessment becomes delinquent and the land may not be sold to enforce delinquent assessments.

Source: SDC 1939, § 61.1201; SDCL § 46-21-16; SL 1985, ch 362, § 113; SL 2011, ch 165, § 503.
S.D. Codified Laws § 46A-10A-21 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-21
Official controls not limited
Status: in_force

Official controls are not limited to those set forth in §§ 46A-10A-18 to 46A-10A-20 , inclusive.

Source: SL 1985, ch 362, § 21.
S.D. Codified Laws § 46A-2-19 — SD Code / Title 46A / Chapter 2 / Section 46A-2-19
Transfer of water rights or permits to appropriate water for energy industry use--Contract provisions
Status: in_force

The district may sell, grant, convey, assign, lease, or otherwise transfer perfected water rights or permits to appropriate water for energy industry use to energy industry users for such consideration and under such terms and conditions as are fixed by contract or instrument of conveyance. The contracts represent the entire financial obligation for the use of water owed by an energy industry user to the State of South Dakota and no further fee, tax, or assessment may be levied against the user except for an ad valorem tax as assessed under chapter 10-37 . Any such contract may provide that for failure to perform any condition of performance, for breach, for failure of consideration, or for failure to perform any other contractual obligation, the transfer is void. If the Board of Water and Natural Resources determines that such a failure to perform a condition of performance or breach has occurred, it may file with the division of water rights a notice to cancel the permit or license evidencing the transfer after complying with any notice of breach provision or other condition precedent to cancellation specified in the contract.

Source: SL 1981 (2d SS), ch 1, § 4; SDCL Supp, § 46-17-18.2; SL 2011, ch 165, § 316.
S.D. Codified Laws § 46-2A-7.2 — SD Code / Title 46 / Chapter 2A / Section 46-2A-7.2
Date of receipt--Incomplete application--One irrigation permit application per parcel
Status: in_force

The date of receipt affixed to any application submitted pursuant to § 46-2A-7.1 shall be the date of the thirtieth day of the thirty day application period. An incomplete application will be returned to the applicant with notification of the deficiencies. The applicant has thirty days from the date the application is returned to complete and resubmit the application to retain the common priority date assigned to all of the applications. Any application received after the date of the board's decision and prior to the commencement of the thirty day application period shall assume the same priority date assigned to applications submitted during the thirty day application period. The chief engineer shall also accept and hold any application submitted after the thirty day application period but such an application shall take a priority date as of the date of receipt of the application. No more than one irrigation permit application may be accepted for the same acreage.

Source: SL 2014, ch 214, § 3.
S.D. Codified Laws § 46A-10B-31 — SD Code / Title 46A / Chapter 10B / Section 46A-10B-31
Contract with developer--Reimbursement of actual costs incurred
Status: in_force

If the governing body contracts with a developer to construct stormwater facilities that serve more than that development and are identified in the master drainage plan, the actual costs incurred are eligible for reimbursement in accordance with ordinances adopted by the governing body.

Source: SL 1989, ch 388, § 37.
S.D. Codified Laws § 46-5-49 — SD Code / Title 46 / Chapter 5 / Section 46-5-49
Filing of vested right claim--Hearing--Mandatory filing--Waiver of right
Status: in_force

Any person claiming to be owner of a vested right to appropriate water from any surface water source for beneficial use other than domestic use as defined in subdivision § 46-1-6(7), may file with the chief engineer a vested right claim in a form and manner prescribed by the Board of Water Management. The claim shall set forth the amount of water used, when the water was used, purpose of use, the location of the diversion works and, if the water has been used for irrigation purposes, the legal description of the land upon which the water has been used, and the name of the owner of the land. The claim shall be signed under oath and shall be either from the claimant's own personal knowledge or on information and belief. The hearing on the vested right claim shall be conducted pursuant to the procedures contained in chapter 46-2A . If, in the course of an investigation conducted by the chief engineer pursuant to subdivision 46-2-17(1), a person asserts the existence of a vested water right, the chief engineer may require that person to file a vested right claim within ninety days pursuant to this section. Failure to file in the absence of such a requirement by the chief engineer does not constitute a waiver of a vested water right.

Source: SL 1986, ch 363, § 5.
S.D. Codified Laws § 46-2A-7.5 — SD Code / Title 46 / Chapter 2A / Section 46-2A-7.5
Public hearing to review groundwater source--Notice--Retention of eligibility by applicant
Status: in_force

For any groundwater source determined to be fully appropriated pursuant to § 46-6-3.1 , the board shall hold a public hearing to review the groundwater source, all permits appropriating water from that source, and all held applications at least once every five years to determine whether unappropriated water is available. The chief engineer shall publish notice of the hearing at least once in at least one official newspaper in each county where the groundwater source is located. If the official newspaper is a weekly newspaper, the notice shall also be published at least once in a daily newspaper serving the general area where the groundwater source is located and posted on the department's website until the public hearing is completed. The chief engineer shall also provide notice of the five-year review and hearing to the address included in each applicant's file. Each applicant shall notify the chief engineer in writing within thirty days of receipt of the notice whether the applicant desires to retain eligibility to appropriate any water that the board may determine is available through its review of the aquifer. A fee equal to ten percent of their original application fee shall also be remitted to the chief engineer to retain eligibility. Failure of the applicant to notify the chief engineer in writing or remit the fee constitutes withdrawal of the held application.

Source: SL 2014, ch 214, § 6.
S.D. Codified Laws § 46-10A-9 — SD Code / Title 46 / Chapter 10A / Section 46-10A-9
Fee assessed--Maximum amount--Annual payment
Status: in_force

The Water Management Board shall assess a fee to be collected annually from each water right holder in each water use control area. The amount of the fee may not exceed twenty dollars for each cubic foot per second, or portion thereof, of the diversion capability of the water permit or right holder's diversion works plus fifty cents for each acre irrigated. Fees shall be paid to the board annually at a date set by the board. No water may be diverted by a water permit or right holder who has not paid the fee required by this section.

Source: SL 1983, ch 314, § 187.
S.D. Codified Laws § 46A-10A-58 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-58
Signatures required for board action on drainage project petition
Status: in_force

The board may act upon a written drainage project petition only if it is signed by a majority of the resident owners of lands described in the petition who are likely to be affected by the proposed drainage. If potentially affected land is sold under a contract for deed which is of record in the office of the register of deeds, both the seller and the purchaser of the land shall be treated as owners.

Source: SL 1985, ch 362, § 58.
S.D. Codified Laws § 46-6-28 — SD Code / Title 46 / Chapter 6 / Section 46-6-28
Geological survey to plug unused wells
Status: in_force

The state geological survey shall plug its test holes, observation wells, and any other of its borings or wells, pursuant to the provisions of § 46-6-27 , if they are no longer being used.

Source: SL 1983, ch 319, § 2.
S.D. Codified Laws § 46A-9-47 — SD Code / Title 46A / Chapter 9 / Section 46A-9-47
District has no power to tax or levy assessments--Others have no liability for district indebtedness or obligations
Status: in_force

The district has no power of taxation, or of levying assessments for special benefits. No governmental authority may levy or collect taxes or assessments for the purpose of paying, in whole or in part, any indebtedness or obligation of or incurred by the district as such or upon which the district may be or become in any manner liable. No privately owned property within or outside the district, nor the owner of the property, and no municipality, county, irrigation district, or other political subdivision or public or private corporation or association or its property, is directly or indirectly liable for any such district indebtedness or obligation beyond the liability to perform any express contract, if any, between the owner or public or private organization and the district.

Source: SL 1939, ch 291, § 9; SDC Supp 1960, § 61.1309; SDCL § 46-16-45; SL 1992, ch 60, § 2; SL 2011, ch 165, § 482.
S.D. Codified Laws § 46A-3A-15 — SD Code / Title 46A / Chapter 3A / Section 46A-3A-15
Board resolution creating district--Filing
Status: in_force

If all or some of the election districts within a proposed water development district cast sufficient votes to become a water development district, as provided for in this chapter, the Board of Water and Natural Resources must, by resolution, establish the water development district, and file a true copy of the resolution with the secretary of state. Upon filing of the resolution, the water development district becomes a political subdivision of the state.

Source: SL 1984 (SS), ch 1, § 13H; SL 2011, ch 165, § 326; SL 2025, ch 186, § 17.
S.D. Codified Laws § 46-2A-9 — SD Code / Title 46 / Chapter 2A / Section 46-2A-9
Appropriation of water--When permit may be issued
Status: in_force

A permit to appropriate water may only be issued if there is reasonable probability that unappropriated water is available for the applicant's proposed use, the proposed diversion can be developed without unlawful impairment of existing domestic water uses and water rights, the proposed use is a beneficial use, and the permit is in the public interest as it pertains to matters of public interest within the regulatory authority of the Water Management Board as defined by §§ 46-2-9 and 46-2-11 .

Source: SL 1983, ch 316, § 18; SL 2021, ch 192, § 4.
S.D. Codified Laws § 46A-7-10 — SD Code / Title 46A / Chapter 7 / Section 46A-7-10
Acreage assessment to cover bond and contract payments--Special fund
Status: in_force

The board of directors shall then levy an assessment against the acreage of the district sufficient to raise the annual interest on the outstanding bonds, to pay the principal coming due on the outstanding bonds prior to the next levy, and to make all payments due or to become due the ensuing year to the United States under any contract between the district and the United States, which, when collected shall be called the "bond and United States contract fund of irrigation district."

Source: SDC 1939, § 61.0907; SL 1949, ch 435, § 3; SDCL, § 46-15-10; SL 1976, ch 277, § 17.
S.D. Codified Laws § 46A-10A-66 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-66
Assessments authorized--Expenses paid
Status: in_force

Assessments shall be made as provided in this chapter and chapter 46A-11 . All compensation claims and expenses of legal notices, inspection of the proposed route, payment of engineer's and attorney's fees, and other expenses associated with project establishment shall be paid from the general fund of the county and reimbursed from those assessments.

Source: SL 1985, ch 362, § 67.
S.D. Codified Laws § 46A-2-20 — SD Code / Title 46A / Chapter 2 / Section 46A-2-20
Resource development works, construction, operation and maintenance--Exercising powers in water development districts
Status: in_force

The Board of Water and Natural Resources may construct, operate, and maintain water resources development works not within a water development district and may become a party to agreements or contracts with federal agencies, public entities, local groups, or persons covering construction, operation, and maintenance of water resources development works. This section may not be construed to deny the district the right to exercise any of its powers within a water development district:

(1) When it has entered into a financing agreement pursuant to § 46A-1-49 , provided that any water development district in which the project to be financed pursuant to the financing agreement will be located or any water development district that, as determined by the Board of Water and Natural Resources, will be affected by the project has ratified by resolution the resolution of the board recommending construction or authorization of the project;

(2) When it has entered into a financing arrangement pursuant to § 46A-1-18 without the approval of any water development district; or

(3) When consented to or requested by the water development district.

Source: SL 1959, ch 453, § 9; SDC Supp 1960, § 61.1409 (2); SDCL, § 46-17-19; SL 1980, ch 310, § 13; SL 1981 (2d SS), ch 1, § 10; SL 1984 (SS), ch 1, § 64; SL 1986, ch 370, § 2.
S.D. Codified Laws § 46-10A-13 — SD Code / Title 46 / Chapter 10A / Section 46-10A-13
Petition as in §46-10A-12by water rights holders
Status: in_force

Any petition which may be brought by the chief engineer pursuant to the provisions of § 46-10A-12 may also be brought before the Water Management Board if the petition is signed by water rights holders representing not less than twenty - five percent of the total rate of diversion under permit, filed vested rights or adjudicated rights in the geographical area of the water use control area.

Source: SL 1983, ch 314, § 191.
S.D. Codified Laws § 46A-10A-10 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-10
Joint powers agreements by local units of government as to drainage
Status: in_force

Any unit of local government may enter into joint powers agreements with the board and with each other in order to avoid overlapping drainage jurisdiction and to promote cooperation and continuity in drainage matters.

Source: SL 1985, ch 362, § 10.
S.D. Codified Laws § 46-10-4.1 — SD Code / Title 46 / Chapter 10 / Section 46-10-4.1
Action to determine conflicting water or water use rights--Court's powers and duties--Caption of action
Status: in_force

The attorney general in lieu of bringing an action for a general adjudication may or any person may bring an action for the purpose of determining conflicting water rights or rights to use water. The court before which any such action may be properly brought may exercise the powers and duties set out by this chapter, as appropriate. An action for the determination of conflicting water rights shall be captioned as set forth in Title 15 of the South Dakota Codified Laws.

Source: SL 1980, ch 305, § 11.
S.D. Codified Laws § 46A-7-12 — SD Code / Title 46A / Chapter 7 / Section 46A-7-12
Assessments--Rate of levy, computation
Status: in_force

In all assessments for the purpose of chapters 46A-4 to 46A-7 , inclusive, the rate of levy in any one year shall be computed by adding to the amount or amounts desired to be raised ten percent, to cover anticipated delinquencies, and then dividing the sum thereof by the aggregate of the benefits apportioned for such year as in this chapter provided.

Source: SDC 1939, § 61.0909; SDCL, § 46-15-12.
S.D. Codified Laws § 46A-9-21 — SD Code / Title 46A / Chapter 9 / Section 46A-9-21
Petition for expansion of district--Map showing location of lands to be included to accompany--Plans and estimates
Status: in_force

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 the location of the lands to be included, the proposed system of works and by other maps, plans, and estimates as may be necessary to fully describe the proposed expansion.

Source: SL 1943, ch 310; SDC Supp 1960, § 61.1304 (2); SDCL, § 46-16-20; SL 1997, ch 255, § 4; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 46A-3A-8 — SD Code / Title 46A / Chapter 3A / Section 46A-3A-8
Petition to establish district
Status: in_force

Fifteen percent of the eligible voters residing in a geographical area may petition the Board of Water and Natural Resources to submit to an election the question of whether the geographical area shall become a water development district.

Source: SL 1984 (SS), ch 1, § 13A; SL 2011, ch 165, § 324; SL 2016, ch 217, § 1; SL 2025, ch 186, § 10.
S.D. Codified Laws § 46A-18-76 — SD Code / Title 46A / Chapter 18 / Section 46A-18-76
Resolution dissolving district--Filing
Status: in_force

Upon notification by the district directors of a vote to dissolve the district, the Board of Water and Natural Resources shall by resolution dissolve the water project district and shall file a copy of the resolution with the secretary of state.

Source: SL 1984, ch 293, § 75.
S.D. Codified Laws § 46A-9-84 — SD Code / Title 46A / Chapter 9 / Section 46A-9-84
Group insurance for members of board of directors
Status: in_force

A water user district may enroll in any authorized group health insurance plan, group dental insurance plan, or both, for the members of the board of directors of the district. The plan may provide for group health and dental insurance against the financial cost of hospital, surgical, and medical treatment and care, and such other coverage benefits, including a group life insurance plan and a group disability income insurance plan, as may be deemed appropriate and desirable by the district.

Source: SL 2009, ch 228, § 1.
S.D. Codified Laws § 46A-11A-3 — SD Code / Title 46A / Chapter 11A / Section 46A-11A-3
Fees--Farm mediation operating fund
Status: in_force

Any fees incurred in the mediation process provided under this chapter and by rule shall be borne equally between the parties to the drainage dispute. The fees shall be deposited in the farm mediation operating fund. All money in the farm mediation operating fund is continuously appropriated for the purposes of administering the drainage mediation program. Any disbursements from the farm mediation operating fund shall be by authorization of the secretary of agriculture and natural resources.

Source: SL 2015, ch 226, § 3; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 46A-10B-24 — SD Code / Title 46A / Chapter 10B / Section 46A-10B-24
Collection of unpaid charges--Lien created--Enforcement of provisions of chapter
Status: in_force

Any charge made pursuant to this chapter that is not paid when due may be recovered in an action at law by the governing body. Any stormwater utility fee or stormwater basin fee made pursuant to this chapter is a lien upon the property to which the fee is associated from the date the fee becomes due until the fee is paid. The lien shall be recorded in the office of the county register of deeds by the governing body. The owner of property subject to fees established pursuant to § 46A-10B-20 is obligated to pay the fee. The obligation may be enforced by the governing body in the same manner as delinquent property taxes are enforced. The employees of the governing body may, at all reasonable times, have access to any premises served by the governing body for inspection, repair, or the enforcement of the provisions of this chapter.

Source: SL 1989, ch 388, § 30; SL 1991, ch 375, § 8.
S.D. Codified Laws § 46A-6-41 — SD Code / Title 46A / Chapter 6 / Section 46A-6-41
Maximum amount of loans--Payment
Status: in_force

The total sum borrowed by any district under the provisions of §§ 46A-6-39 and 46A-6-40 may at no time exceed two-thirds of the amount of the general fund levy of the district for the preceding year. If the levy for the then current year is insufficient to provide for the payment of the sum borrowed, then the payment shall be provided for in the levy for the next ensuing year.

Source: SDC 1939, § 61.0814; SDCL § 46-14-40; SL 2011, ch 165, § 410.
S.D. Codified Laws § 46A-18-15 — SD Code / Title 46A / Chapter 18 / Section 46A-18-15
Notice of petition and election--Publication--Contents
Status: in_force

The Board of Water and Natural Resources shall perform the duties of the county auditor as provided in §§ 6-16-4 to 6-16-6 , inclusive.

Source: SL 1984, ch 293, § 14; SL 1998, ch 36, § 77.
S.D. Codified Laws § 46A-6-37 — SD Code / Title 46A / Chapter 6 / Section 46A-6-37
Court hearing on organization of district or issuance of bonds--Determination of legality--Disregard of certain irregularities--Partial approval--Costs
Status: in_force

Upon the hearing of the special proceeding the court may examine and determine the legality and validity of, and approve and confirm or disapprove and disaffirm, each of the proceedings for the organization of the district, including the petition for the organization of the district and all other steps and matters that may affect the legality or validity of the proceedings and objects set forth in the petition, including any proceedings connected with the voting and issuing of bonds by the district. The court in inquiring into the regularity, legality, or correctness of the proceedings shall disregard any error, irregularity, or omission that does not affect the substantial rights of the parties. The court may approve and confirm the proceedings in part and disapprove and declare illegal or invalid other and subsequent parts of the proceedings, and insofar as possible the court shall remedy and cure all defects in the proceedings. The court shall find and determine whether the notice of the filing of the petition has been duly given and published for the time and in the manner prescribed by this chapter. The costs of the special proceeding may be allowed and apportioned between the parties in the discretion of the court.

Source: SDC 1939, § 61.0845; SDCL § 46-14-36; SL 2011, ch 165, § 406.
S.D. Codified Laws § 46A-1-100 — SD Code / Title 46A / Chapter 1 / Section 46A-1-100
Definition of terms
Status: in_force

Terms used in §§ 46A-1-100 to 46A-1-106 , inclusive, mean:

(1) "Brownfields revitalization and economic development program," a program to provide funding to assist in the assessment, cleanup, and redevelopment of brownfields sites;

(2) "Brownfields site," real property, the expansion, redevelopment, economic development, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant;

(3) "Petroleum," petroleum substances, oil, gasoline, kerosene, fuel oil, oil sludge, oil refuse, oil mixed with other wastes, crude oils, substances, or additives to be utilized in the refining or blending of crude petroleum or petroleum stock, and any other oil or petroleum substance;

(4) "Petroleum contaminated site," a site contaminated by petroleum; and

(5) "Real property," residential, commercial, or industrial properties.

Source: SL 2004, ch 275, § 1.
S.D. Codified Laws § 46A-13-31 — SD Code / Title 46A / Chapter 13 / Section 46A-13-31
Special assessment order of commissioners of interstate drainage district--Certified copy filed with county treasurer--Lien of assessment--Collection and disbursement of assessments
Status: in_force

After the drainage commission makes a special assessment, a certified copy of the order making the assessment, or as much as relates to property within each county, shall be filed with the county treasurer of each county for collection. From the time of filing, the assessments are due and payable. They are perpetual liens upon the respective tracts so assessed against all persons or governments, except this state and the United States. If they are not paid within ten days, they shall bear interest from the date of the order at the Category D rate of interest as established in § 54-3-16 payable annually. The assessments shall be paid to the county treasurer and held in a separate fund, all interest accrued to be credited to the fund, and shall be paid by the county treasurer upon warrants issued by the drainage commission.

Source: SDC 1939, § 61.1112; SDCL, § 46-23-31; SL 1983, ch 28, § 62; SL 1984, ch 319, § 30.
S.D. Codified Laws § 46A-18-37 — SD Code / Title 46A / Chapter 18 / Section 46A-18-37
Duties of directors
Status: in_force

The district board of directors shall:

(1) Adopt a seal;

(2) Keep a record of all proceedings, minutes, certificates, contracts, bonds, and employees' records and other business transacted by the directors;

(3) Adopt bylaws, procedures, and requirements consistent with this chapter;

(4) Meet annually and at such other times as may be necessary. A meeting may be called at any time by the chairman or at the request of any director through the chairman. If so requested, the secretary of the district shall mail a notice of such meeting to each member at least ten days prior to the meeting.

Source: SL 1984, ch 293, § 36; SL 1993, ch 256, § 90.
S.D. Codified Laws § 46-7-14 — SD Code / Title 46 / Chapter 7 / Section 46-7-14
Unauthorized injury to or interference with pier, boom, or dam prohibited
Status: in_force

No person may, without authority of law, interfere with any pier, boom, or dam lawfully erected or maintained upon any waters within this state, hoist any gate of a dam, whether in or about the dam, damage or destroy any dam or any embankment necessary for support of the dam or maliciously make or cause to be made any aperture or cut in the dam or embankment with intent to damage or destroy it.

Source: SDC 1939, § 13.4506; SL 1981, ch 316, § 8; SL 1983, ch 314, § 129.
S.D. Codified Laws § 46A-10A-30 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-30
Permit system for drainage authorized--Fee--Modification of drainage--Use of unrecorded right--Penalty--Official control
Status: in_force

Any board or commission under the provisions of this chapter and chapter 46A-11 may adopt a permit system for drainage. The permit system must be prospective in nature and consistent with the principles outlined in § 46A-10A-20 . The nonrefundable fee for a permit must be:

(1) Established by the permitting authority;

(2) Based on the administrative costs of regulating drainage activities, may not exceed five hundred dollars; and

(3) Paid only once, with the application, except that permitted drainage that is enlarged, rerouted, or otherwise modified requires a new permit.

Any vested drainage right not recorded under the provisions of § 46A-10A-31 requires a permit for its use, if a permit system has been established in the county where it exists.

Any person or the person's contractor draining water without a permit, if a permit is required under the provisions of this section, is guilty of a Class 1 misdemeanor. In addition to or in lieu of any criminal penalty, a court may assess, against any person violating the provisions of this section, a civil penalty not to exceed one thousand dollars per each day of violation.

A permit system is an official control.

Source: SL 1985, ch 362, § 30; SL 1986, ch 379, § 5; SL 2000, ch 217, § 1; SL 2011, ch 165, § 493; SL 2025, ch 188, § 1.
S.D. Codified Laws § 46-10A-7 — SD Code / Title 46 / Chapter 10A / Section 46-10A-7
Water master--Duties
Status: in_force

The duties and authority of the water master shall be set out either in an order establishing the water use control area or by resolution and may include, but are not limited to, the following:

(1) Enforcement procedures for distribution of water under a court decree;

(2) Enforcement procedures for priorities and rights to use water as established in statutory law and case law;

(3) Notwithstanding the provisions of subdivisions (1) and (2), enforcement procedures for any temporary schedule of water deliveries which all affected water permit or right holders agree upon;

(4) Regulation and security of headgates and measuring devices as necessary to enforce proper distribution of water; and

(5) Other duties and authority as the Water Management Board may specify.

Source: SL 1983, ch 314, § 185.
S.D. Codified Laws § 46A-4-19 — SD Code / Title 46A / Chapter 4 / Section 46A-4-19
Election procedure--Applicability of general laws--Resolution declaring district organized--District as political subdivision
Status: in_force

If a majority of all the votes cast are "Irrigation District - Yes," the board shall, by resolution, declare the territory duly organized as an irrigation district, under the name and style designated. Upon filing of a true copy of the resolution with the secretary of state, the irrigation district shall become a political subdivision of the state with the authority, powers, and duties prescribed in chapters 46A-4 to 46A-7 , inclusive.

Source: SDC 1939, § 61.0803; SDCL, § 46-12-19; SL 1984, ch 294, § 18; SL 1993, ch 256, § 71; SL 1998, ch 36, § 54.
S.D. Codified Laws § 46A-4-91 — SD Code / Title 46A / Chapter 4 / Section 46A-4-91
Bonds and obligations of district--Redemption after sale of property on dissolution of district
Status: in_force

If bonds and other obligations of irrigation districts are issued, the bonds and obligations are subject to redemption by the board of directors of any irrigation district, as soon as the property and franchise of the district are sold after the district has elected to dissolve as a district, as provided in this chapter.

Source: SDC 1939, § 61.0848; SDCL § 46-12-86; SL 2011, ch 165, § 374.
S.D. Codified Laws § 46-6-6.1 — SD Code / Title 46 / Chapter 6 / Section 46-6-6.1
Rules and regulations governing large capacity wells--Criteria and contents
Status: in_force

In addition to powers otherwise provided the Water Management Board shall promulgate rules pursuant to chapter 1-26 controlling the location and capacity of irrigation, industrial, municipal, and other large capacity wells for the purpose of ensuring or protecting water for reasonable domestic use, without the necessity of requiring maintenance of artesian head pressure in a domestic use well. In addition the rules shall provide:

(1) For regulation of the use of large capacity wells in the degree necessary to maintain an adequate depth of water for reasonable domestic needs and for a prior appropriator at his point of diversion, in wells which meet minimum well construction standards;

(2) For minimum construction standards for all wells in South Dakota which standards shall be based upon the ability of a well to produce water independent of artesian pressure;

(3) For regulation so the waste or deterioration of the quantity of groundwater through surface or underground leakage will be minimal;

(4) Standard which will provide for lowering of a water lift mechanism to a depth near the bottom of the groundwater supply or, in artesian water to a substantial depth below the geological formation confining the groundwater; and

(5) For regulation which will provide for a reasonable life of all wells.

Source: SL 1955, ch 431, § 1; SDC Supp 1960, § 61.0402; SDCL, § 46-6-6 ; SL 1972, ch 237, § 6; SL 1993, ch 256, § 58.
S.D. Codified Laws § 46-7-5.7 — SD Code / Title 46 / Chapter 7 / Section 46-7-5.7
Privately owned high-hazard dam--Where chief engineer and state not obligated to secure safety thereof--Owner's affidavit upon refusal to correct unsafe condition
Status: in_force

Notwithstanding the provisions of §§ 46-2-9 , 46-2-17 , 46-7-3 , 46-7-5 , 46-7-5.1 , 46-7-5.2 , and 46-7-5.3 , the chief engineer and all officers, employees, and agents of the State of South Dakota are under no obligation to secure the safety of, or take any further action with regard to, a privately owned high - hazard dam if the owner of the dam:

(1) Refuses to correct an unsafe condition identified by order of the chief engineer pursuant to § 46-7-5 ; and

(2) Executes an affidavit, which is accepted for filing by the Water Management Board.

Source: SL 1990, ch 357, § 2.
S.D. Codified Laws § 46-10A-14 — SD Code / Title 46 / Chapter 10A / Section 46-10A-14
Hearing on petition under §46-10A-12or46-10A-13--Publication and notice
Status: in_force

The chief engineer, upon learning of the filing of a valid petition under the provisions of § 46-10A-12 or 46-10A-13 , shall set the petition for hearing before the Water Management Board at the nearest reasonable date and shall publish a copy of the notice of hearing at least once a week for two successive weeks in at least one legal newspaper in each county in which the land included in the existing water use control area is found. The chief engineer shall also send notice by first class mail to all water permit holders and holders of filed vested rights or adjudicated rights in the affected area. The contents of the notice shall be as specified in the provisions of § 1-26-17 .

Source: SL 1983, ch 314, § 192.
S.D. Codified Laws § 46A-10A-95 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-95
Appeal by state as to public lands
Status: in_force

In any decision involving lands described in § 46A-10A-56 , the state has the same right of appeal from an order relating to drainage as does an individual, but no bond on appeal need be furnished.

Source: SL 1985, ch 362, § 95.
S.D. Codified Laws § 46-5-13.1 — SD Code / Title 46 / Chapter 5 / Section 46-5-13.1
Change of location of diversion point
Status: in_force

The location of a point of diversion may be changed or additional points of diversion may be approved if the new or additional point of diversion is from the same source of water, no additional water is appropriated, and, if the water use is for irrigation, no new land is to be irrigated. The change in location of diversion points may be allowed without application or publication pursuant to § 46-2A-4 , if the chief engineer is contacted and makes a finding that the change does not increase the potential for interference with existing diversions.

Source: SL 1987, ch 327; SL 1994, ch 344.
S.D. Codified Laws § 46-10A-6 — SD Code / Title 46 / Chapter 10A / Section 46-10A-6
Water master--Appointment--Agent of board
Status: in_force

Upon establishment of a water use control area, the Water Management Board, at the same hearing if feasible, shall appoint a water master, giving significant weight to the recommendations of the affected water permit or right holders. The water master shall act as agent of the board.

Source: SL 1983, ch 314, § 184.
S.D. Codified Laws § 46A-11-27 — SD Code / Title 46A / Chapter 11 / Section 46A-11-27
Additional bonds, issuance--Cost of proposed drainage exceeding estimated cost--New apportionment of assessments--Certification of assessments finally fixed to county treasurer--Money collected by county treasurer on assessments to be paid to bondholders
Status: in_force

If the cost of a proposed project exceeds the preconstruction estimate, a new apportionment of assessments may be made and additional bonds issued and sold in like manner. If the proceeds of the assessments are insufficient to pay the principal and interest of bonds sold pursuant to this chapter, a new apportionment of assessment may be made to meet the shortage in funding. If assessments for a drainage project are finally fixed, they shall be certified to the county treasurer by the county auditor and money collected shall be received by the county treasurer to be paid to holders of bonds as the principal and interest become due.

Source: SDC 1939, § 61.1024; SDCL, § 46-21-27; SL 1985, ch 362, § 124.
S.D. Codified Laws § 46-5-38.1 — SD Code / Title 46 / Chapter 5 / Section 46-5-38.1
Future use of water--Permit required for actual use--Review of future use permits
Status: in_force

Water Management Board approval of an application to appropriate water for future use is a reservation of a definite amount of water with a specified priority date and is not a grant of authority to construct the works or to put the water to beneficial use. Before the time that the holder of a future use permit initiates construction of the works and puts water to beneficial use, the holder shall file an application for a water permit pursuant to the procedure contained in chapter 46-2A . If the holder of the future use permit is granted a water permit to develop only a portion of the water reserved by the future use permit, the holder shall apply for and receive an additional water permit, or permits, before developing and using the remaining water reserved in the future use permit. Permits for future uses shall be reviewed by the board every seven years and are subject to cancellation if the board determines that the permit holder cannot demonstrate a reasonable need for a future use permit.

Source: SL 1983, ch 314, § 71; SL 2011, ch 165, § 271.
S.D. Codified Laws § 46A-5-26 — SD Code / Title 46A / Chapter 5 / Section 46A-5-26
Liability for negligence in delivering or failure to deliver water--Notice to district chair--Time for service of notice and action
Status: in_force

Every irrigation district within this state is liable in damages for negligence in delivering or failure to deliver water to the users from its canal to the same extent as private persons and corporations if the person suffering damage, within thirty days after such negligence or failure, serves a notice in writing on the chair of the board of directors of the district, setting forth the acts or omissions on the part of the district which it is claimed constitute such negligence or failure, and that the person expects to hold the district liable for whatever damages may result. Such action may be brought not later than one year from the time the cause of action accrues.

Source: SDC 1939, § 61.0853; SDCL § 46-13-26; SL 2011, ch 165, § 389.
S.D. Codified Laws § 46A-6-30 — SD Code / Title 46A / Chapter 6 / Section 46A-6-30
Compliance with federal and state laws--Rights of district to contract
Status: in_force

Any irrigation district may accept any of the provisions of any act of Congress of the United States applicable to the district and may obligate itself to comply with laws, rules, and regulations promulgated by any department of the United States pursuant to the act. Irrigation districts contracting with the United States under the provisions of this chapter shall be governed in all matters by the laws of the state relating to irrigation or drainage districts, as the case may be, except in such things as may be otherwise provided for such districts. This section does not limit the rights of any irrigation district under existing laws to purchase a water supply, or otherwise contract, and is cumulative to such existing laws.

Source: SDC 1939, § 61.0847; SDCL § 46-14-29; SL 2011, ch 165, § 403.
S.D. Codified Laws § 46A-6-4 — SD Code / Title 46A / Chapter 6 / Section 46A-6-4
Contract to supply water to irrigate lands--Payments extending more than one year--Submission to voters for approval or disapproval, general or special election, notice, conduct of election--Approval of contract by voters--Annual tax levy to pay amount due
Status: in_force

If such contract provides for payments to be made extending over a period of more than one year from the date of making such contract, the board of directors shall submit such contract to the legal voters of such district at any general election, or at a special election called therefor, for the approval or disapproval of such contract. If a special election is called for such purpose the notice of election, conduct of such election, and canvass of the votes shall so far as practicable be the same as elections held for the purpose of voting upon the issuance of bonds. The ballots at such elections shall have printed thereon "For approval of contract for water supply" and "Against approval of contract for water supply." Notice of such election need not give the entire contract, but shall be sufficient if it shall state in a general way the substance thereof. If a majority of the voters voting on such proposition, vote for approval of such contract, the board of directors shall enter into such contract and shall thereafter, at the time the other taxes of the district are levied, levy a tax on the taxable property of the district sufficient to pay the amount due and to become due on such contract before the next annual levy in such district.

Source: SDC 1939, § 61.0931; SDCL, § 46-14-4.
S.D. Codified Laws § 46A-18-65 — SD Code / Title 46A / Chapter 18 / Section 46A-18-65
Contracts to furnish water--Other contracts
Status: in_force

The district board may enter into contracts to furnish water and other services and may, subject to the provisions of this chapter, fix and establish prices, rates, and charges at which the resources and facilities made available under the provisions of this chapter shall be sold and disposed of. The board may enter into contracts and agreements and do any things which in its judgment are necessary, convenient, or expedient for the accomplishment of the purposes and objects of this chapter, under such general regulations and upon such terms, limitations, and conditions as it shall prescribe.

Source: SL 1984, ch 293, § 64.
S.D. Codified Laws § 46A-9-56 — SD Code / Title 46A / Chapter 9 / Section 46A-9-56
Borrowing power of district--Sources from which obligations payable--Authorization, issuance, and sale of bonds
Status: in_force

Any district organized pursuant to this chapter may borrow money and incur indebtedness for any corporate use or purpose authorized in this chapter and to the extent applicable pursuant to chapter 9-40 , provided the indebtedness, liability, or obligation of the district for the payment of money in any manner, and whether arising from contract, implied contract, or otherwise, is payable solely:

(1) From revenues, income, receipts, and profits derived by the district from its operation and management of systems and irrigation works as provided in this chapter or in chapter 9-40 ; or

(2) From the issuance or sale by the district of its warrants, notes, revenue bonds, debentures, or other evidences of indebtedness, (hereinafter referred to in this section as "district obligations") payable solely from such revenues, income, receipts, and profits. All bonds shall be authorized, issued, and sold as provided in chapter 6-8B and to the extent applicable under chapter 9-40 . However, no bond election is required.

Source: SL 1939, ch 291, § 10; SDC Supp 1960, § 61.1310; SDCL, § 46-16-54; SL 1978, ch 330, § 2; SL 1984, ch 43, § 124; SL 1985, ch 361; SL 2022, ch 166, § 1.
S.D. Codified Laws § 46A-10B-36 — SD Code / Title 46A / Chapter 10B / Section 46A-10B-36
Dissolution of district
Status: in_force

A drainage basin utility district may be dissolved only by an act of the Legislature, by joint powers agreement of each county and each municipality included within the district or by a petition for dissolution of the district signed by at least two - thirds of the owners of real property in the district.

Source: SL 1989, ch 388, § 42.
S.D. Codified Laws § 46A-3E-12 — SD Code / Title 46A / Chapter 3E / Section 46A-3E-12
Tax levy--Certified copies to tax officials
Status: in_force

Upon the adoption of a budget and the levying of taxes, special assessments, or both, the board shall, on or before October first, forward a certified copy of the levy and a certified copy of the budget to the appropriate tax collecting officials in the affected counties and to the Department of Revenue.

Source: SL 1984 (SS), ch 1, § 56; SL 1992, ch 318; SL 2025, ch 186, § 63.
S.D. Codified Laws § 46A-18-2 — SD Code / Title 46A / Chapter 18 / Section 46A-18-2
Petition to submit to an election the establishment of water project district
Status: in_force

Persons desiring to establish an area as a water project district may petition the Board of Water and Natural Resources to submit to an election the question of whether such area shall become a water project district.

Source: SL 1984, ch 293, § 2.
S.D. Codified Laws § 46A-4-63 — SD Code / Title 46A / Chapter 4 / Section 46A-4-63
Petition for change of boundaries of irrigation district--Recording in minutes of board of directors, admissibility as evidence
Status: in_force

Upon the filing of the copies of the order, as provided in § 46A-4-62 , the secretary shall record in the minutes of the board of directors the petition; and the minutes, or a certified copy thereof, shall be admissible in evidence with the same effect as the petition.

Source: SDC 1939, § 61.0827; SDCL, § 46-12-62.
S.D. Codified Laws § 46A-3C-2 — SD Code / Title 46A / Chapter 3C / Section 46A-3C-2
Petition for dissolution--Form
Status: in_force

A petition of dissolution pursuant to § 46A-3C-1 must:

(1) State the legal name of the water development district;

(2) Request that the district be dissolved; and

(3) Include the address of each individual who signed the petition and the date on which the individual signed the petition, in the individual's own handwriting.

If the petition contains more than one page, each page must have an identical heading.

Each page of the petition containing signatures must contain an affidavit by the circulator in substantially the following form:

STATE OF SOUTH )

DAKOTA ) SS

COUNTY OF __________ )

I, the undersigned _______________, being first duly sworn, depose and say, that I am the circulator of the foregoing petition containing __________ signatures; each individual whose name appears on the petition sheet personally signed the petition in my presence; I believe that each of the signers is a resident at the address written opposite the signer's name; and I stated the legal effect and nature of the petition to each individual, prior to the individual signing the petition.

__________________________________

Circulator

Subscribed and sworn to before me this ________________ day of _________________, 20____.

__________________________________

Notary Public

Source: SL 1984 (SS), ch 1, § 25; SL 2011, ch 165, § 328; SL 2025, ch 186, § 34.
S.D. Codified Laws § 46-6-1 — SD Code / Title 46 / Chapter 6 / Section 46-6-1
Vested rights defined
Status: in_force

The term, vested rights, as used in this chapter, means:

(1) Beneficial uses of groundwater under diversions and applications of water before February 28, 1955;

(2) The right to take and use groundwater for beneficial purposes if an owner or lawful agent was engaged in the construction of works for the actual application of water to a beneficial use on February 28, 1955, if the works are completed and water is actually applied for such use within a reasonable time after that date.

Source: SL 1955, ch 431, § 1; SDC Supp 1960, § 61.0401 (11); SL 2011, ch 165, § 274.
S.D. Codified Laws § 46-7-5.2 — SD Code / Title 46 / Chapter 7 / Section 46-7-5.2
Breach or repair of works by chief engineer to protect human life--Cost as lien against property--Other remedies
Status: in_force

Notwithstanding the pendency of any notice, order, or protest pursuant to § 46-7-5 , the chief engineer may immediately breach or repair any works if, in the chief engineer's judgment, it is necessary to protect human life from imminent danger. The cost of the work in such cases shall be borne by the owner of the works and may be recorded as a lien against any property of the owner until paid. The provisions of chapters 5-18A and 5-18B are not applicable to this section. This section does not limit any other remedy against the owner of the works.

Source: SL 1987, ch 328, § 1C; SL 2011, ch 2, § 146.
S.D. Codified Laws § 46A-5-29 — SD Code / Title 46A / Chapter 5 / Section 46A-5-29
General fund of district--Appropriation by board of directors for support of county fair, maximum amount
Status: in_force

The board of directors of any irrigation district may, in its discretion, appropriate from its general fund not to exceed one hundred dollars in any one year for the support of one county fair located within the county of said district or within the county where the major portion of such district is located.

Source: SDC 1939, § 61.0855; SDCL, § 46-13-29.
S.D. Codified Laws § 46A-18-10 — SD Code / Title 46A / Chapter 18 / Section 46A-18-10
Signatures required on petition--Number
Status: in_force

The formation petition shall be signed by the number of signers required by § 6-16-2 .

Source: SL 1984, ch 293, § 9; SL 1990, ch 366, § 4; SL 1998, ch 36, § 74.
S.D. Codified Laws § 46A-1-28 — SD Code / Title 46A / Chapter 1 / Section 46A-1-28
Payment of interim notes on issue of revenue bonds
Status: in_force

Contemporaneously with the issue of revenue bonds as provided by this chapter, all interim notes, even though they may not then have matured, shall be paid, both principal and interest to date of payment, from the funds derived from the sale of revenue bonds for the permanent financing and such interim notes shall be surrendered and canceled.

Source: SL 1972, ch 241, § 31; SDCL Supp, § 46-17A-29.
S.D. Codified Laws § 46A-7-1 — SD Code / Title 46A / Chapter 7 / Section 46A-7-1
Tolls, charges, and assessments--Expenses covered--Levy of assessments
Status: in_force

For the purpose of defraying the expenses of the organization of an irrigation district, and for the purpose of defraying all expenses incurred in formulating a general plan for the proposed operation of an irrigation district including surveys, maps, estimates, examinations, and plans made in order to demonstrate the practicability of such general plan, all as authorized by §§ 46A-5-2 and 46A-5-3 , and for the purpose of defraying all expenses related to the care, operation, management, repair, and improvement of such portions of its canal and works as are completed and in use, including salaries of officers and employees, the board of directors of the district may either fix rates of tolls and charges and collect the tolls and charges from all persons using such works for irrigation or other purposes, or may provide for the payment of such expenditures by assessments, or by both tolls and assessments. If by assessment, the levy shall be made upon the completion and equalization of the assessment roll in accordance with the benefit received; and the board has the same powers and functions for the purposes of the levy as are now possessed by boards of county commissioners in this state. The assessment shall be collected as provided in this chapter.

Source: SDC 1939, § 61.0921; SDCL § 46-15-1; SL 1976, ch 277, § 16; SL 2011, ch 165, § 415.
S.D. Codified Laws § 46A-18-26 — SD Code / Title 46A / Chapter 18 / Section 46A-18-26
Director vacancies--Filling
Status: in_force

Any vacancy in an unexpired term shall be filled by appointment within thirty days of the vacancy by the remaining directors of the district. Any vacancy in an expired term for which no candidate's nominating petition has been filed pursuant to § 46A-18-25 shall be filled by appointment within thirty days of the election by the remaining directors. An appointed director shall hold office for the remainder of the term for which he has been appointed.

Source: SL 1984, ch 293, § 25; SL 1990, ch 366, § 8.
S.D. Codified Laws § 46A-10A-113 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-113
Appointment to fill vacancy
Status: in_force

If any vacancy occurs in the membership of the board of trustees between the annual elections, the remaining members of the board may fill the vacancy by appointing a person with the required qualifications. The appointed person shall qualify in the same manner and hold office until the next annual election when a successor is elected. If all places on the board become vacant, then a new board shall be elected in the same manner as was the initial board.

Source: SL 1997, ch 256, § 16.
S.D. Codified Laws § 46A-9-69 — SD Code / Title 46A / Chapter 9 / Section 46A-9-69
Disposition of water supply works, drainage works, or wastewater systems
Status: in_force

No irrigation or other water supply works, drainage works, or systems or facilities for the collection, treatment, or disposal of wastewater owned by the district may be sold, alienated, or mortgaged by the district, except under the circumstances described by §§ 46A-9-70 to 46A-9-72 , inclusive.

Source: SL 1939, ch 291, § 15; SDC Supp 1960, § 61.1315; SDCL, § 46-16-67; SL 2006, ch 226, § 15.
S.D. Codified Laws § 46A-14-16 — SD Code / Title 46A / Chapter 14 / Section 46A-14-16
Referendum unnecessary where petition signed by sixty percent of eligible voters
Status: in_force

If the initiating petition is signed by sixty percent or more of the eligible voters in a proposed district who own at least sixty percent of the land in the proposed district, the petition may be accepted by the conservation district supervisors in lieu of the favorable vote at a referendum as specified in § 46A-14-26 and the referendum specified in § 46A-14-15 is not required.

Source: SL 1959, ch 452, § 3; SDC Supp 1960, § 61.1505 (1); SDCL § 46-24-16; SL 1998, ch 36, § 62; SL 2013, ch 228, § 19.
S.D. Codified Laws § 46A-10B-6 — SD Code / Title 46A / Chapter 10B / Section 46A-10B-6
Publication of proposed agreement or amendment prior to hearing--Contents
Status: in_force

At least once each week for two successive weeks before the hearing required in § 46A-10B-5 , each county or municipality in the proposed or existing district shall publish a summary of the proposed joint powers agreement or amendment and a notice of the hearing in its official newspaper. The publication shall include the time and place of the hearing; the address to which written comments may be sent; and a statement that the proposed agreement or amendment will be heard and acted upon by the governments of each county and each municipality in the proposed district, that the district may be established or its boundaries adjusted without election by agreement of each county and municipality in the proposed district, and that the proposed district would be authorized to assess utility fees against property in the district.

Source: SL 1989, ch 388, § 7A; SL 1991, ch 375, § 2.
S.D. Codified Laws § 46A-13-12 — SD Code / Title 46A / Chapter 13 / Section 46A-13-12
Survey and report of engineers--Time for completion and filing
Status: in_force

The interstate drainage district commission and the authorities representing drainage in the adjoining state may make all necessary orders and regulations relative to the making of the survey and report of the engineers appointed under § 46A-13-10 and may specify all information required in such report and the time within which the report shall be completed and filed with the commission and with the authorities in the adjoining state.

Source: SDC 1939, § 61.1105; SL 1964, ch 222, § 2; SDCL § 46-23-12; SL 2011, ch 165, § 510.
S.D. Codified Laws § 46A-1-97 — SD Code / Title 46A / Chapter 1 / Section 46A-1-97
Board authorized to contract for financial services
Status: in_force

In administering its programs as authorized in this chapter and chapter 46A-2 , the board may enter into contracts or agreements with any department, agency, or instrumentality of the United States or this state, with regulated lenders as defined in § 54-3-14 , or with trustees appointed pursuant to this chapter for the servicing and processing of loans or other forms of financial assistance or credit enhancement.

Source: SL 1997, ch 254, § 1.
S.D. Codified Laws § 46A-5-21 — SD Code / Title 46A / Chapter 5 / Section 46A-5-21
District appointment as fiscal agent of United States--Collection of money for federal reclamation projects
Status: in_force

The board of directors may accept on behalf of the district appointment of the district as fiscal agent of the United States or authorization of the district by the United States to make collections of the money for and on behalf of the United States in connection with any federal reclamation project, organized under this title as an irrigation district, whereupon the district may act and assume the duties and liabilities incident to such action. The board may do anything required by the federal statutes in connection with such duties and liabilities, and all things required by the rules and regulations established by any department of the federal government in regard to such duties and liabilities.

Source: SDC 1939, § 61.0810; SDCL § 46-13-20; SL 1953, ch 482; SL 2011, ch 165, § 386.
S.D. Codified Laws § 46-2-13 — SD Code / Title 46 / Chapter 2 / Section 46-2-13
Fees of department--Payment to state treasury to environment and natural resources fee fund
Status: in_force

The department shall charge and receive the following fees, to be collected in advance:

(1) For filing and examining a location notice required for construction of a structure across a dry draw or nonnavigable watercourse for the purpose of diverting or collecting storm water and of applying the water to beneficial use, fifty dollars;

(2) For filing and examining an application for a permit to appropriate water, to construct works and to put the water to beneficial use, including filing of proofs of publication, recording the permit to appropriate water and action on all other papers relating to the application up to and including issuance of the permit, five hundred dollars for the first one hundred twenty acre feet per year or fraction thereof, two hundred fifty dollars for the second one hundred twenty acre feet or fraction thereof and one hundred dollars for each subsequent one hundred twenty acre feet or fraction thereof. If the water permit is denied, seventy-five percent of the fee shall be returned to the applicant. The fee for an application to appropriate 0.1 cubic feet per second or less, to change a diversion point or to add a diversion point with no new appropriation of water is one hundred dollars. The fee for filing and examining an application to appropriate water for future use is equal to ten percent of the fee charged for an application to appropriate water, construct works and put the water to beneficial use. The fee for maintaining the effectiveness of a future use permit after the period of seven years as set out in § 46-5-38.1 is likewise equal to ten percent of the fee charges for an application to appropriate water, construct works, or put the water to beneficial use. If an application to put part or all of the water reserved by a future use permit to beneficial use is filed, the entire fee for an application to appropriate water, construct works, or put water to beneficial use shall be paid;

(3) For each inspection of constructed water use works, including diversion works, dams, pumping plants, canals, or other conduits and for confirming the application of water to beneficial use under provisions of a permit to appropriate water, including issuance of a water license, two hundred dollars. The fee shall be submitted with the application to appropriate water and be refunded if the application is denied;

(4) For officially filing a transfer of ownership of an application or permit to appropriate water, fifty dollars;

(5) For filing and examining an application to reinstate a permit filed pursuant to § 46-2A-8.1 , one hundred dollars; and

(6) For filing and examining an application to claim a vested right pursuant to §§ 46-5-49 and 46-6-2 , fifty dollars, which may not be refunded.

All fees received by the department shall be paid into the state treasury to the environment and natural resources fee fund established in § 1-41-23 .

Source: SDC 1939, § 55.1806; SL 1959, ch 450, § 1; SDC Supp 1960, § 61.0159; SL 1977, ch 348, § 1; SL 1978, ch 316; SL 1981, ch 314; SL 1983, ch 314, §§ 28 to 28B; SL 1985, ch 345, § 1; SL 1986, ch 363, § 7; SL 1992, ch 254, § 81; SL 1993, ch 334, § 1; SL 1994, ch 23, § 11; SL 2009, ch 13, § 8; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
S.D. Codified Laws § 46-2A-22 — SD Code / Title 46 / Chapter 2A / Section 46-2A-22
Correction of errors in published notice of vested right claims--Contents--Hearing only on filing of petition
Status: in_force

Any vested right claim published for validation in accordance with § 46-2A-16 may be readvertised to correct errors in the published notice pursuant to the publication time frame and comment period established by § 46-2A-4 . The contents of the notice shall conform to § 46-2A-16 , as applicable, and delivery of a copy of the notice to all known water right or water permit holders is not required. No hearing may be scheduled unless a petition of intent to oppose is filed.

Source: SL 1992, ch 254, § 80.
S.D. Codified Laws § 46A-10A-54 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-54
Appointment and duties of election officers--Order declaring area established--Conclusiveness of order
Status: in_force

The board or commission shall appoint three judges, who shall elect one of their members as superintendent, to conduct an election to establish a coordinated drainage area. After the vote is cast and canvassed, the judges shall make a verified statement showing the number of ballots cast, together with the number voting for and the number voting against establishment, and shall return the results to the board or commission at its next meeting. After the canvass of such election, the board or commission shall make an order declaring that the coordinated drainage area has been established if the results of the election favor establishment. Subject to appropriate judicial review, such order shall be conclusive of the fact of establishment.

Source: SL 1985, ch 362, § 54; SL 1986, ch 379, § 7.
S.D. Codified Laws § 46A-4-58 — SD Code / Title 46A / Chapter 4 / Section 46A-4-58
Land not included in irrigation district unless owner or lessee obligated to pay assessments or charges
Status: in_force

No provision of this chapter authorizes or empowers the board of directors to include any land within the district unless the owner or lessee of the land pays or obligates the land to pay the same assessments or charges as all other lands have originally paid or have been obligated for, including the cost of studies, construction, operation, and maintenance charges and the cost of water deliveries.

Source: SDC 1939, § 61.0809; SDCL § 46-12-57; SL 1984, ch 294, § 38; SL 2011, ch 165, § 354.
S.D. Codified Laws § 46A-9-3 — SD Code / Title 46A / Chapter 9 / Section 46A-9-3
Organization--Actions by and against--Creation and incorporation
Status: in_force

A water user district may be organized as provided in this chapter, and may sue and be sued in its corporate name. The procedure for creating and incorporating a district under the provisions of this chapter shall be as provided by §§ 46A-9-4 to 46A-9-18 , inclusive.

Source: SL 1939, ch 291, §§ 3, 4; SL 1943, ch 310; SDC Supp 1960, §§ 61.1303, 61.1304 (1); SDCL, § 46-16-3.
S.D. Codified Laws § 46A-10A-94 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-94
Accounts of expenditures maintained--Inspection
Status: in_force

An itemized account of expenditures for any drainage project construction, repairs or improvement shall be maintained in the office of the county treasurer and shall be open to public inspection during regular business hours.

Source: SL 1985, ch 362, § 94.
S.D. Codified Laws § 46-2A-7.4 — SD Code / Title 46 / Chapter 2A / Section 46-2A-7.4
Priority list for future unappropriated water
Status: in_force

From the list of complete applications submitted pursuant to § 46-2A-7.1 and assigned a common priority date, the board shall create a priority list using a random selection process to be determined by the board. The priority list determines the order of eligibility for any unappropriated water the board may determine is available at a future date. Establishing the priority of each application by the board shall be scheduled no later than the second regularly scheduled board meeting following expiration of the thirty day application period.

Source: SL 2014, ch 214, § 5.
S.D. Codified Laws § 46A-14-42 — SD Code / Title 46A / Chapter 14 / Section 46A-14-42
Compensation of board members--Limitation
Status: in_force

Any member of a watershed district board may receive travel and subsistence expense at the rates set pursuant to chapter 3-9 . In addition, per diem, not to exceed sixty dollars per day, may be paid each member for each day of actual service for attending meetings, hearings, or investigations of the watershed district board.

Source: SL 1957, ch 492, § 15; SL 1959, ch 452, § 12; SDC Supp 1960, § 61.1515; SDCL, § 46-24-42; SL 1989, ch 389, § 7; SL 2024, ch 20, § 20.
S.D. Codified Laws § 46A-11-13 — SD Code / Title 46A / Chapter 11 / Section 46A-11-13
Assessments for drainage, payment in installments--Agreement of taxpayer with county auditor--Assessment certificates, coupon form
Status: in_force

Any owner of any tract of land against which an assessment for drainage is made who, within thirty days after the making of the assessment, files with the county auditor an agreement in writing that he will pay the assessment with interest as fixed by the board shall be allowed to pay the assessment in ten annual installments with interest payable annually. Assessment certificates may not issue until after expiration of the period for filing such agreements and, if issued as payable in installments, may be issued in coupon form.

Source: SDC 1939, § 61.1015; SDCL, § 46-21-13; SL 1985, ch 362, § 110.
S.D. Codified Laws § 46A-13-26 — SD Code / Title 46A / Chapter 13 / Section 46A-13-26
Damages caused by construction of proposed improvement--Assessment, hearing, appeal
Status: in_force

The drainage commission shall also assess the damages sustained by each tract of land or other property within this state by the construction of the proposed improvement, and fix the compensation for any land or property taken or damaged. Any person interested may be heard in the matter of damages or compensation for property taken or damaged, and the determination of the drainage commission shall be final unless an appeal therefrom shall be taken as provided in this chapter, and failure to prosecute such appeal or to appear and contest an award of damages by the commission shall be conclusively deemed a waiver of any such damages or compensation, or of any claimant's right to have the same assessed by a jury.

Source: SDC 1939, § 61.1109; SDCL, § 46-23-26.
S.D. Codified Laws § 46A-10A-99 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-99
Petition for election
Status: in_force

Twenty percent of the landowners as defined by subdivision 46A-10A-1(11), owning land within the district assessed for benefits, may file a petition requesting that a meeting be held to conduct an election to determine if a drainage district shall be governed by three trustees as authorized by § 46A-10A-98 . The petition shall be filed with the auditor of the county containing the majority of the land in the district. If the auditor determines the petition is signed by the requisite number of landowners, the petition shall be presented to the board of county commissioners.

Source: SL 1997, ch 256, § 2.
S.D. Codified Laws § 46A-2-12 — SD Code / Title 46A / Chapter 2 / Section 46A-2-12
Legal adviser of board--Cooperation of state agencies at request of board
Status: in_force

The attorney general shall act as the legal adviser of the Board of Water and Natural Resources. All other state agencies shall assist and cooperate with the conservancy district, at the request of the board.

Source: SL 1959, ch 453, § 7; SDC Supp 1960, § 61.1407; SDCL, § 46-17-8 .
S.D. Codified Laws § 46A-10A-102 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-102
Election board to procure district records preceding election--Elected trustees to act as record custodians--Updates to district records
Status: in_force

Before any election is held, the election board shall procure from the county auditor, auditors, or appropriate county official a certified copy of the record of the establishment of the district showing the lands of the district, the assessment and classification of each tract, and the name of the person or persons against whom the tract was assessed for benefits, and the present record owner or owners. The certified record shall be kept by the trustees after they are elected for use in subsequent elections. The trustees shall, preceding each subsequent election, procure from the county auditor, auditors, or appropriate county official additional certificates showing changes of title of land assessed for benefits and the names of the new owners.

Source: SL 1997, ch 256, § 5.
S.D. Codified Laws § 46A-18-8 — SD Code / Title 46A / Chapter 18 / Section 46A-18-8
Directors to be elected at large or from divisions--Establishment of division boundaries
Status: in_force

Directors of the proposed district may be elected either at large or from director divisions, without regard to whether municipality areas are included within the district. If the petition states that the directors shall be elected from director divisions, the petition shall describe the boundaries of the divisions, which boundaries may be drawn either with or without regard to the corporate limits of any municipality included partly or wholly within the district boundaries. The director division boundaries shall be drawn so as to provide equitable representation for the qualified voters of the district.

Source: SL 1984, ch 293, § 7; SL 1992, ch 60, § 2.
S.D. Codified Laws § 46A-9-78 — SD Code / Title 46A / Chapter 9 / Section 46A-9-78
Retirement system--Participation
Status: in_force

A water user district organized under this chapter which is not a participating unit of the South Dakota Retirement System on January 1, 1983, may elect to participate in the retirement system sponsored by the South Dakota Association of Rural Water Systems.

Source: SL 1983, ch 320; SDCL Supp, § 46-16-76.
S.D. Codified Laws § 46A-6-43 — SD Code / Title 46A / Chapter 6 / Section 46A-6-43
Withdrawal from construction fund and deposit in county treasury--Disbursement by county treasurer--Monthly report
Status: in_force

The board of directors may draw from time to time from the construction fund and deposit, in the county treasury of the county where the office of the board is situated, any sum in excess of twenty-five thousand dollars. The county treasurer shall receive and receipt for the deposit and place the deposit to the credit of the district. The county treasurer is responsible on the treasurer's official bond for the safekeeping and disbursement of the deposit as provided in this chapter. The county treasurer shall pay out the deposit, or any part of the deposit, only to the treasurer of the district and upon the order of the board, signed by the president and attested by the secretary. The county treasurer shall report in writing on the second Monday in each month the amount of money in the county treasury credited to the district, the amount of receipts for the month preceding, and the amount of money paid out. The report shall be verified and filed with the secretary of the board.

Source: SDC 1939, § 61.0920; SDCL § 46-14-42; SL 2011, ch 165, § 411.
S.D. Codified Laws § 46A-18-40 — SD Code / Title 46A / Chapter 18 / Section 46A-18-40
Plan for improvements--Contents
Status: in_force

The district directors, within a reasonable length of time after qualifying, shall adopt an overall plan for improvements within the district. This plan shall be designated the general improvement plan for the water project district. The general improvement plan shall consist of a map showing the area to be benefited, the location of the proposed works of improvement and the location of buildings, roads, streams, and other topographic features necessary to show the relation of the proposed works of improvement to the area of the district and a narrative stating the estimated benefits and the proposed method of financing and accomplishing the project. The district directors may amend a previously adopted general improvement plan.

Source: SL 1984, ch 293, § 39; SL 1990, ch 366, § 10; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 1995, ch 253, § 16.
S.D. Codified Laws § 46-1-11 — SD Code / Title 46 / Chapter 1 / Section 46-1-11
Violations of water use laws as misdemeanors--Civil fine in addition--Each day as separate violation--Exemption of board and commission actions
Status: in_force

Unless otherwise provided in this title, any person, firm, or corporation violating any of the provisions of chapters 46-4 to 46-10 , inclusive, is guilty of a Class 2 misdemeanor. In addition, a civil fine of not more than five hundred dollars may be imposed for the violation. Each day of noncompliance with the provisions of this title shall be deemed a separate violation. Administrative actions of the department or Board of Water and Natural Resources, the Water Management Board, or the conservation commission are exempt from this section.

Source: SL 1955, ch 430, § 2; SL 1955, ch 431, § 2; SDC Supp 1960, §§ 61.9920, 61.9921; SL 1977, ch 347, § 1; SL 1981, ch 316, § 11.
S.D. Codified Laws § 46A-4-3 — SD Code / Title 46A / Chapter 4 / Section 46A-4-3
Petition to organize irrigation district--Number of signers--Boundaries to be described--Request for organization
Status: in_force

A petition to organize an irrigation district shall be presented to the Board of Water and Natural Resources and signed by twenty - five percent of the electors of the proposed irrigation district. The petition shall include the legal description of all the lands proposed for inclusion in the district and shall request that the proposed district be organized under the provisions of this chapter.

Source: SDC 1939, § 61.0802; SL 1947, ch 417, § 2; SL 1963, ch 455, § 2; SDCL, § 46-12-3; SL 1984, ch 294, § 3.
S.D. Codified Laws § 46-6-18 — SD Code / Title 46 / Chapter 6 / Section 46-6-18
Plugging abandoned or forfeited well by owner--"Owner" defined
Status: in_force

Any abandoned or forfeited well shall be plugged by its owner so that no leaking of its waters occurs underground or over the surface. The owner of property on which an abandoned or forfeited well is located is deemed to be the owner of the well.

Source: SL 1955, ch 431, § 1; SDC Supp 1960, § 61.0412; SL 1983, ch 314, § 107.
S.D. Codified Laws § 46-8-7 — SD Code / Title 46 / Chapter 8 / Section 46-8-7
Plat of route for water conduit--Certification and recording
Status: in_force

When the route for any pipeline, canal, ditch, or other water conduit mentioned in this chapter is located, a correct survey and plat of the route shall be made, indicating by proper description the lands over which the route is located. The plat shall be certified and recorded in the office of the register of deeds of the county or counties in which the route is located.

Source: SDC 1939, § 61.0425; SL 1955, ch 431, § 1; SL 1983, ch 314, § 139.
S.D. Codified Laws § 46A-16-12 — SD Code / Title 46A / Chapter 16 / Section 46A-16-12
Construction of artificial controls to maintain boundary water levels
Status: in_force

The Game, Fish and Parks Commission may participate with the state of Minnesota in the construction of artificial controls deemed necessary to maintain the most desirable and beneficial levels of boundary waters as determined by the South Dakota-Minnesota Boundary Waters Commission. The Game, Fish and Parks Commission may expend funds for that purpose.

Source: SL 1953, ch 114; SDC Supp 1960, § 55.5309; SDCL § 46-29-11; SL 2011, ch 165, § 541.
S.D. Codified Laws § 46A-4-25 — SD Code / Title 46A / Chapter 4 / Section 46A-4-25
Annual election of directors--Nomination--Election by receiving highest number of votes
Status: in_force

Each year after establishing the district, there shall be elected for a term of three years one or more members of the board of directors, as the case may be. The member of the board of directors from each division shall be nominated as provided in this chapter and shall be elected by receiving the highest number of votes cast by the electors of the division in the irrigation district for which the member is to serve as a director. The regular election of such districts shall be held on the last Tuesday in October.

Source: SDC 1939, § 61.0804; SDCL § 46-12-25; SL 1976, ch 276, § 1; SL 1984, ch 294, § 22; SL 2011, ch 165, § 338.
S.D. Codified Laws § 46A-13-18 — SD Code / Title 46A / Chapter 13 / Section 46A-13-18
Determination by commission fixing proportion of cost payable by district--Finality
Status: in_force

The determination so made by the drainage commission fixing the proportion of the cost of the proposed improvement that shall be paid by such drainage district shall be final and conclusive on all persons and property within such district in case the improvement is constructed.

Source: SDC 1939, § 61.1107; SDCL, § 46-23-18.
S.D. Codified Laws § 46A-10A-75 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-75
Construction contracts--Bids--Preference of landowners--Bond of contractor--Construction without contract
Status: in_force

At any time after adopting a drainage plan or other official control, a board may construct drainage or let contracts for its construction. A contract may be for construction of an entire drainage project, for any portion thereof, or for material and labor separately, and the contract shall be let by competitive bid. A board may reject any bid. The lowest responsible and capable bidder shall be accepted. If a responsible and capable landowner affected by the project submits one of several low bids, the landowner shall be given contract preference. If a contract is let, the contractor shall post a bond in the amount of the contract, conditioned on faithful performance of the contract and full completion of the contract to the satisfaction of the board. For purposes of bids on a proposed project, all plans and specifications for the project shall be filed in the office of the county auditor. If, in the judgment of the board, the entire project or any part thereof can be constructed for less money than the amount of the lowest bid submitted, the board may hire the necessary labor and purchase the necessary material for the construction without letting contracts, the provisions of chapters 5-18A and 5-18B notwithstanding.

Source: SL 1985, ch 362, § 76; SL 2011, ch 2, § 150.
S.D. Codified Laws § 46-2A-4 — SD Code / Title 46 / Chapter 2A / Section 46-2A-4
Publication of application and recommendation of chief engineer--Time for publication--Contents of notice
Status: in_force

Except in the case of an application for a well driller license or a well pump installer license, if a recommendation is to approve or defer an application or if an applicant has filed a petition to oppose a recommendation to deny an application, the applicant shall publish notice of the application and recommendation at least once in at least one official newspaper in each county where the water will be diverted or used or where project works will be located. The official newspaper shall be selected by the chief engineer and shall be a newspaper designated as an official newspaper pursuant to § 7-18-3 . If the official newspaper is a weekly newspaper, then the notice shall also be published at least once in a daily newspaper. The daily newspaper selected by the chief engineer shall be located as near as possible to the location where the water will be diverted or used. Public notice of the application shall also be posted on the department's website until final action is taken on the application. The publication shall be at least twenty days before the first day of the Water Management Board meeting at which the matter is noticed to be heard. No application for a permit, license, or amendment may be considered and approved by the board until proof of all required publications has been filed with the chief engineer. The notice, which shall be provided by the chief engineer to the applicable newspapers, shall include the following, as applicable:

(1) The name and address of the applicant;

(2) A brief description of the project, including, where applicable, the proposed place or places of use of the water or facilities, including the point of diversion, the amount of water to be used and the purpose for which the water or facility is to be used;

(3) A brief statement describing the recommendation and the reasons for the recommendation;

(4) A statement that a person may only participate in the hearing if:

(a) The person alleges that the application, upon approval, will cause injury to the person that is unique from any injury suffered by the public in general;

(b) The person's injury concerns a matter either within the regulatory authority found in § 46-2A-9 for approval or denial of the application, or other matter concerning the application within the regulatory authority of the board to act upon as defined by §§ 46-2-9 and 46-2-11 , or both; and

(c) The person files a petition to oppose the application with the chief engineer and applicant within ten days of the published notice;

(5) A statement that a petition to oppose an application shall be in writing, on a form provided by the chief engineer, and shall contain the following:

(a) A statement describing the unique injury upon approval of the application on the petitioner;

(b) The reasons for the petitioner's opposition to the application; and

(c) The name and mailing address of the petitioner or the petitioner's legal counsel;

(6) A statement that if the applicant intends to contest the recommendation, the applicant shall file a petition with the chief engineer within ten days of the published notice;

(7) A statement that any interested person may file a comment on an application with the chief engineer within ten days of the published notice, and the comment shall be filed on a form provided by the chief engineer. Filing a comment does not make the commenter a party of record to, or a participant in, the hearing;

(8) A statement telling where copies of the recommendation, application, or other information may be obtained;

(9) The time when and the place where the application will be considered by the board;

(10) A statement that the recommendation of the chief engineer is not final or binding upon the board and is subject to the approval of the board after it reaches a conclusion based on facts at the public hearing;

(11) A statement that the time of hearing will be automatically extended for at least twenty days upon written request of the applicant or any person who has filed a petition to oppose the application and a statement that any such request by the applicant or person filing a petition shall be made within ten days of the published notice; and

(12) A statement that if the applicant does not contest the recommendation of the chief engineer and no petition to oppose the application is received, the chief engineer shall act on the application pursuant to the chief engineer's recommendation and no hearing may be held before the board, unless the chief engineer makes a finding that an application, even if uncontested, presents important issues of public policy or public interest that should be heard by the board.

Source: SL 1983, ch 316, § 6; SL 1986, ch 364; SL 1990, ch 355, § 3; SL 1992, ch 254, § 84; SL 2001, ch 241, § 3; SL 2012, ch 214, § 1; SL 2021, ch 192, § 1.
S.D. Codified Laws § 46-6-25 — SD Code / Title 46 / Chapter 6 / Section 46-6-25
Domestic and municipal well protection--Enforceability--Fees and costs
Status: in_force

Section 46-6-24 is enforceable in circuit court by the damaged owner or user of a domestic or municipal well. Attorney's fees, expert fees, and court costs may be awarded the plaintiff at the discretion of the court.

Source: SL 1980, ch 304, § 2.
S.D. Codified Laws § 46A-9-62 — SD Code / Title 46A / Chapter 9 / Section 46A-9-62
Default in payment of money specified in agreement--Termination of contract--Right to recovery not affected by discontinuation of services
Status: in_force

Every contract made by the board of directors for the sale, conveyance, and distribution of water, use of water, water storage, or for the collection, treatment, or disposal of wastewater, or other service, or for the sale of any property or facilities, shall provide that in the event of any failure or default in the payment of any moneys specified in the contract to be paid to the board, the board may, upon such notice as prescribed in the contract, terminate the contract and all obligations under the contract. The act of the board in ceasing on any such default to furnish or deliver water, use of water, or water storage, or other services under the contract does not deprive the board of, or limit any remedy provided by the contract or by law for the recovery of any moneys due or which may become due under the contract.

Source: SL 1939, ch 291, § 16; SDC Supp 1960, § 61.1316 (3); SDCL, § 46-16-60; SL 2006, ch 226, § 12.
S.D. Codified Laws § 46A-9-83 — SD Code / Title 46A / Chapter 9 / Section 46A-9-83
Water Management Board not affected
Status: in_force

The provisions of this chapter do not abrogate or limit the rights, powers, duties, and functions of the State Water Management Board, but are supplementary thereto.

Source: SL 1990, ch 363, § 5.
S.D. Codified Laws § 46A-2-7 — SD Code / Title 46A / Chapter 2 / Section 46A-2-7
Quorum of board--Actions on notes or bonds
Status: in_force

A majority of the members of the Board of Water and Natural Resources shall constitute a quorum for transaction of district business.

Actions of the district concerning notes or bonds shall be authorized by resolution approved by a majority vote of the members of the board.

Source: SL 1959, ch 453, § 6; SDC Supp 1960, § 61.1406; SDCL, § 46-17-11; SL 1979, ch 301, § 3.
S.D. Codified Laws § 46A-10B-10 — SD Code / Title 46A / Chapter 10B / Section 46A-10B-10
Certain actions prohibited without county or municipal government approval
Status: in_force

The governing body may take none of the following actions without approval by the affected governments of each county and each municipality included wholly or partially within the district:

(1) Establishment of, and any increase in, fees levied pursuant to § 46A-10B-20 , 46A-10B-21 , or 46A-10B-22 ;

(2) Approval of any contract for planning, construction, repair, renovation, demolition, or dismantling of any district project or facility;

(3) Approval or amendment of the master drainage plan pursuant to § 46A-10B-18 ;

(4) The issuance of bonds pursuant to § 46A-10B-29 ; or

(5) Reimbursement of costs pursuant to § 46A-10B-31 .

Source: SL 1989, ch 388, § 12A; SL 1991, ch 375, § 6.
S.D. Codified Laws § 46A-18-25 — SD Code / Title 46A / Chapter 18 / Section 46A-18-25
Nominating petitions for directors
Status: in_force

Nominations of director candidates to be elected at the annual election shall be by nominating petition signed by at least twenty - five qualified voters or ten percent of the qualified voters, whichever is less, in the district, if the directors are elected at large, or signed by at least ten qualified voters or ten percent of the qualified voters, whichever is less, in the director division if the directors are elected by division. The petitions shall be in a form prescribed by the State Board of Elections and shall be filed with the secretary of the district at least thirty days prior to the election.

Source: SL 1984, ch 293, § 24; SL 1990, ch 366, § 7.
S.D. Codified Laws § 46A-9-38 — SD Code / Title 46A / Chapter 9 / Section 46A-9-38
Indemnification of directors, officers, employees, or agents of districts
Status: in_force

A water user district may indemnify any person who was or is a party or is threatened to be made a party to any pending or completed action, suit, or proceeding, whether civil, criminal, administrative, or investigative by reason of the fact that the person is or was a director, officer, employee, or agent of the water user district or is or was serving at the request of the water user district as a director, officer, employee, or agent or another corporation, limited liability company, partner - joint venture, trust, or other enterprise, against expenses including attorneys' fees, judgments, fines, and amounts paid in settlement actually and reasonably incurred by the person in connection with the action, suit, or proceeding if the person acted in good faith and in a manner the person reasonably believed to be in or not opposed to the best interests of the water user district and, with respect to any criminal action or proceeding, had no reasonable cause to believe the person's conduct was unlawful. However, this section does not apply to any action by or in the right of the water user district.

Source: SL 1979, ch 300; SDCL Supp, § 46-16-37.1; SL 1994, ch 351, § 114.
S.D. Codified Laws § 46A-1-99 — SD Code / Title 46A / Chapter 1 / Section 46A-1-99
Additional financial assistance for solid waste management and recycling facilities
Status: in_force

In addition to the grants and loans provided for in §§ 34A-6-85 and 46A-1-83 , the board may provide other forms of financial assistance or credit enhancement to eligible applicants and projects for the planning, construction, and operation of solid waste management and recycling facilities. The board may enter into contracts or agreements with any department, agency, or instrumentality of the United States or this state, or with regulated lenders as defined in § 54-3-14 for that purpose.

Source: SL 1997, ch 254, § 3.
S.D. Codified Laws § 46A-7-26 — SD Code / Title 46A / Chapter 7 / Section 46A-7-26
Determination of benefits--Fixing annual assessments--Completion and delivery of assessment roll
Status: in_force

In districts that use the alternative method of collecting assessments, as provided for by § 46A-7-22 , the director of equalization shall, between the first day in September and the first day of November, in each year, make the examination and determine the benefits and fix the annual assessments to be levied against the tracts in the district, as provided for and in §§ 46A-7-4 to 46A-7-7 , inclusive. The director of equalization shall, on or before the fifteenth day of November in each year, complete the assessment roll and deliver it to the secretary of the board of directors, who shall give notice of the assessment as provided in § 46A-7-8 .

Source: SDC 1939, §§ 61.0904, 61.0905 as added by SL 1949, ch 435, §§ 1, 2; SDCL § 46-15-26; SL 2011, ch 165, § 427.
S.D. Codified Laws § 46A-1-7 — SD Code / Title 46A / Chapter 1 / Section 46A-1-7
Establishment of state policy on water facilities--Recommended comments on federal policy
Status: in_force

The Board of Water and Natural Resources shall establish the statewide policy on all multi - purpose water facilities and shall maintain readiness to recommend significant factors to the Governor or a designated representative of the Governor concerning official comments on behalf of the State of South Dakota pursuant to any requirements of federal law.

Source: SL 1972, ch 241, § 13; SDCL Supp, § 46-17A-12; SL 2023, ch 3, § 38.
S.D. Codified Laws § 46A-2-24 — SD Code / Title 46A / Chapter 2 / Section 46A-2-24
Cooperation with other agencies in development of water resources projects
Status: in_force

The Board of Water and Natural Resources may cooperate with and assist any or all federal agencies, public entities, and persons engaged in studying, investigating, planning, or otherwise considering the possibilities in the development of water resources projects for conservation, control, and beneficial use of water, including domestic water supply. The board may perform independent studies and investigations, or otherwise consider the benefits of possible water resources projects.

Source: SL 1959, ch 453, § 9; SDC Supp 1960, § 61.1409 (1); SDCL, § 46-17-22.
S.D. Codified Laws § 46A-14-34 — SD Code / Title 46A / Chapter 14 / Section 46A-14-34
Powers of district
Status: in_force

A watershed district created under the provisions of this chapter, to the extent necessary for lawful purposes as provided in this chapter, may:

(1) Sue and be sued;

(2) Incur debts, liabilities, and obligations;

(3) Exercise the power of eminent domain only if it is necessary to carry out an approved plan;

(4) Levy a tax not to exceed one dollar per thousand dollars of taxable valuation against the landowners' land and buildings as provided in this chapter;

(5) Provide for other taxes and assessments;

(6) Borrow money and issue certificates, warrants, and bonds;

(7) Make surveys or use other reliable surveys and data and develop projects to accomplish the purposes for which the district is organized;

(8) Cooperate or contract with any individual, person, state, state agency, political subdivision of a state, federal agency, or private or public corporation;

(9) Construct, clean, repair, alter, abandon, consolidate, reclaim, or change the course or terminus of any public ditch, drain sewer, river, watercourse, natural or artificial, within the district, in cooperation with other agencies having prior jurisdiction;

(10) Acquire, lease, operate, construct, and maintain dams, dikes, reservoirs, and pertinent works;

(11) Acquire by gift, lease, purchase, or eminent domain necessary real and personal property;

(12) Contract for purchase of insurance for protection of the district as necessary;

(13) Establish and maintain devices for acquiring and recording hydrological data;

(14) Enter into all contracts of construction authorized by this chapter; and

(15) Perform all acts expressly authorized in this chapter and all other acts necessary and proper for carrying out and exercising the powers expressly vested in the district.

Source: SL 1957, ch 492, § 13; SL 1959, ch 452, § 11; SDC Supp 1960, § 61.1513 (1); SDCL § 46-24-34; SL 1988, ch 367, § 3; SL 2013, ch 228, § 26.
S.D. Codified Laws § 46A-13-2 — SD Code / Title 46A / Chapter 13 / Section 46A-13-2
Petition for formation of interstate drainage district--Jurisdiction of circuit court--Hearing--Determination of boundaries of district--Designation of name
Status: in_force

Upon the filing of such petition and the giving of such notice, such circuit court shall have full jurisdiction of all matters referred to in such petition. Upon the hearing specified in such notice such court shall have full authority by order to fix and determine, and shall by order fix and determine the boundary line of such drainage district, either as designated in the petition or as subsequently modified, which shall as far as practicable include territory that forms one drainage basin and is affected by like or similar conditions, and that can properly be united in one drainage project for all the purposes of this chapter, and shall designate a name by which such district shall be known.

Source: SDC 1939, § 61.1101; SL 1964, ch 222, § 1; SDCL, § 46-23-2.
S.D. Codified Laws § 46A-9-23.2 — SD Code / Title 46A / Chapter 9 / Section 46A-9-23.2
Notices of hearing on exclusion--Protests
Status: in_force

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 considered by the board in each county in which lands to be excluded lie. The resolution and notice shall be published in a newspaper of general circulation in the county once each week for at least two successive weeks before the date of the hearing. If there is no newspaper of general circulation published in the county, copies of the resolution shall be posted in three of the most public places in the county at least two weeks before the time of the hearing. Any landowner, entryman, or resident upon the lands to be excluded under the resolution may file with the Board of Water and Natural Resources a written protest against the exclusion of all or a portion of the lands and may appear at the hearing to register his protest.

Source: SL 1984, ch 296, § 3.
S.D. Codified Laws § 46A-10A-43.1 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-43.1
Petition for future maintenance of drain jointly and voluntarily maintained by landowners within ten years of July 1, 1985
Status: in_force

Notwithstanding § 46A-10A-43 , if within ten years prior to July 1, 1985, three or more landowners have jointly maintained a legal drain by voluntarily contributing the cost of maintenance without establishing a drainage district or without special assessments as provided in chapter 46A-11 , the landowners may petition the board to provide for future maintenance, improvement, and repair of the drain.

Source: SL 1988, ch 366, § 1.
S.D. Codified Laws § 46-10-1.1 — SD Code / Title 46 / Chapter 10 / Section 46-10-1.1
Procedure in actions for general adjudication
Status: in_force

The procedure in any case of general adjudication shall be as in other civil cases, insofar as that procedure is not inconsistent with this chapter.

Source: SL 1980, ch 305, § 15.
S.D. Codified Laws § 46-6-24 — SD Code / Title 46 / Chapter 6 / Section 46-6-24
Liability for damages to domestic and municipal wells
Status: in_force

The failure of a well to meet standards established pursuant to § 46-6-6.1 is not a defense in any action or proceeding regarding damage, loss of water production or quality, replacement cost, or increased operating expenses incurred by a municipal or domestic use well located in a formation older than or stratigraphically lower than the greenhorn formation caused by any person using or withdrawing groundwater for mine dewatering in a formation older than or stratigraphically lower than the greenhorn formation.

Source: SL 1980, ch 304, § 1; SL 1982, ch 311.
S.D. Codified Laws § 46A-14-39.1 — SD Code / Title 46A / Chapter 14 / Section 46A-14-39.1
Watershed district--Reactivation--Hearing
Status: in_force

(1) A statement that a request has been filed with the conservation district supervisors;

(2) A general description of the territory included in the watershed district;

(3) The date, time, and place of the hearing; and

(4) A statement that all persons affected by the request or interested in the request may appear and be heard.

Source: SL 2020, ch 195, § 2, eff. Mar. 26, 2020.
S.D. Codified Laws § 46A-10A-57 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-57
Responsibilities for drainage projects
Status: in_force

A commission, if one is established, may discuss and make recommendations on drainage projects, but the board shall be responsible for the petition process, hearing process, bidding process, construction process, and maintenance of drainage projects. Drainage project processes shall be as outlined under §§ 46A-10A-58 to 46A-10A-97 , inclusive.

Source: SL 1985, ch 362, § 57.
S.D. Codified Laws § 46-10-13 — SD Code / Title 46 / Chapter 10 / Section 46-10-13
Appeal to board from acts or decisions of water master--Appeal to circuit court
Status: in_force

Any interested person may appeal from acts or decisions of the water master to the Water Management Board and the board shall promptly and at a stated time and place fixed by it, after due notice to the parties, hear and determine the matter in dispute. Its decision shall be final, unless an appeal is taken to the circuit court having jurisdiction, in conformity with the law governing appeals.

Source: SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0141; SL 1983, ch 314, § 162.
S.D. Codified Laws § 46A-11-3 — SD Code / Title 46A / Chapter 11 / Section 46A-11-3
Matters considered in fixing and equalizing benefits
Status: in_force

Benefits which any county, municipality, township, railroad company, corporation, or other property owner may obtain for its property by construction of the project shall be fixed and equalized together with the proportion of benefits to tracts of land. Benefits shall accrue directly by construction of the project or indirectly by virtue of the project operating as an outlet for connection drains that may be subsequently constructed. Indirect benefits including those due to improved public welfare, may be assessed against any county or political subdivision affected as a whole, at the option of the board.

Source: SDC 1939, § 61.1007; SDCL, § 46-21-3; SL 1985, ch 362, § 100; SL 1992, ch 60, § 2.
S.D. Codified Laws § 46A-2-23 — SD Code / Title 46A / Chapter 2 / Section 46A-2-23
Construction of water facilities--Prior approval of water resources project plans
Status: in_force

The Board of Water and Natural Resources may require approval of water resources project plans prior to construction of conservation, control, or beneficial use of water facilities.

Source: SL 1959, ch 453, § 9; SDC Supp 1960, § 61.1409 (1); SDCL, § 46-17-21.
S.D. Codified Laws § 46A-1-83 — SD Code / Title 46A / Chapter 1 / Section 46A-1-83
State solid waste management program established
Status: in_force

The state solid waste management program is hereby established. Under this program the Board of Water and Natural Resources may grant or loan such funds from the water and environment fund established pursuant to § 46A-1-60 for the purpose of solid waste planning and management. Disbursements made through the solid waste management program shall conform to the provisions of § 46A-1-61 and the rules promulgated pursuant to § 46A-1-84 .

Source: SL 1989, ch 306, § 64; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 1992, ch 254, § 8; SL 1996, ch 219, § 4.
S.D. Codified Laws § 46A-11-36 — SD Code / Title 46A / Chapter 11 / Section 46A-11-36
Drainage projects established under prior law--Assessments unenforceable--Appraisement and apportionment of benefits under this chapter
Status: in_force

If proceedings have been held for establishment of a ditch, drain, levee, or straightening or enlarging of a natural watercourse under prior law, if the project has been established, constructed, and assessments made therefor, and if the assessment cannot be enforced, the board shall proceed to all lands benefited by the project in like manner as if the appraisement and apportionment of benefits had never been made. The board shall proceed in the manner provided in this chapter, using as a basis the entire cost of the project. In assessment of benefits, account shall be taken of assessments, if any, that have been paid by those benefited and credit shall be given accordingly.

Source: SDC 1939, § 61.1026; SDCL, § 46-21-36; SL 1985, ch 362, § 133.
S.D. Codified Laws § 46A-2-16 — SD Code / Title 46A / Chapter 2 / Section 46A-2-16
Leverage lease agreements by board--District as lender and lessee--Sublease of equipment
Status: in_force

The Board of Water and Natural Resources may become a party to a leverage lease agreement whereby the district loans up to eighty percent of the cost of construction and equipment for a water development project sponsored by or built for a political subdivision of the State of South Dakota to a person or persons who agrees to own in fee simple such works and equipment and lease them back to the district or political subdivision. The district may be both lender and lessee on such leverage lease, and, in the event it is lessee, it may sublease such works and equipment.

Source: SL 1977, ch 369, § 1; SDCL Supp, § 46-17-17.1.
S.D. Codified Laws § 46A-4-28 — SD Code / Title 46A / Chapter 4 / Section 46A-4-28
Nominating petition for directors--Filing--Form--Signers
Status: in_force

Subsequent to the election for organizing the district and for the first set of directors, the directors shall be nominated by filing with the auditor of the county or counties where the district is located, not less than forty - five days before any annual election, nominating petitions for the vacancies to be filled. The petitions shall be in the form prescribed by the State Board of Elections. To nominate directors by division, the petitions shall be signed by at least ten qualified electors of the district division or ten percent of the qualified electors of the division, whichever is less. To nominate directors at large, the petitions shall be signed by at least twenty - five qualified electors of the district or ten percent of the qualified electors of the district, whichever is less. No petition may contain the name of more than one candidate for any vacancy to be filled, but each elector may sign as many petitions as there are directors to be elected and no elector may sign more than one petition for any particular vacancy.

Source: SDC 1939, § 61.0805; SL 1947, ch 417, § 3; SDCL, § 46-12-26; SL 1975, ch 276, § 1; SL 1984, ch 294, § 25; SL 1985, ch 359; SL 1986, ch 376, § 4.
S.D. Codified Laws § 46A-7-36 — SD Code / Title 46A / Chapter 7 / Section 46A-7-36
Delinquent assessments--Compromise, abatement, or reallocation
Status: in_force

If the board of directors determines that assessments levied before February 25, 1933 against the lands of the district for either its general fund or bond and United States contract fund are delinquent to such an extent that the enforcement of the payments thereof through tax title proceedings is impracticable, and further determines that it is to the benefit of the irrigation district to compromise, abate, or reallocate any part or all of such assessments, the board may compromise, abate, or reallocate any of the delinquent assessments, subject to the following conditions:

(1) All claims or obligations against the district's general fund for all years in which the assessments were levied have been paid in full before the compromise, abatement, or reallocation, or if not paid in full, the owners of the obligations have consented in writing to the proposed compromise, abatement, or reallocation;

(2) If the district's bond and United States contract fund would be affected by the compromise, abatement, or reallocation, the written consent of the United States, if the assessments were levied to meet contract obligations to the United States, or of all bondholders, if the assessments were levied to meet bonded indebtedness or interest on the bonds, shall be obtained to each such proposed compromise, abatement, or reallocation, before it becomes effective. The compromises, abatements, or reallocations may be made, without the individual consent of the United States or bondholders, if made pursuant to the terms of a contract between the district and the United States or the bondholders. The board is hereby vested with authority to execute the contract with the United States or the district bondholders. This section does not limit the rights of any irrigation district under the existing laws to compromise, abate, or refund district assessments but is cumulative to those rights.

Source: SDC 1939, § 61.0908; SDCL § 46-15-36; SL 2011, ch 165, § 433.
S.D. Codified Laws § 46A-14-89 — SD Code / Title 46A / Chapter 14 / Section 46A-14-89
Division and apportionment of funds and assets of dissolved district
Status: in_force

All funds and assets of a dissolved watershed district shall be divided among all conservation districts lying at least partially within the dissolved district. The funds and assets shall be apportioned on the basis of each conservation district's land area in areas within the dissolved district. The requirements of this section relating to the division and apportionment of watershed district funds and assets do not apply to any watershed district that is abolished pursuant to § 46A-14-33 in conjunction with combining the watershed district with another watershed district or annexing additional areas to the watershed district.

Source: SL 1980, ch 312, § 9; SDCL Supp, § 46-24-82.6; SL 2013, ch 228, § 60.
S.D. Codified Laws § 46A-10B-38 — SD Code / Title 46A / Chapter 10B / Section 46A-10B-38
Filing of petition
Status: in_force

The petition for dissolution shall be filed with the circuit court no more than ninety days after the creation of the district.

Source: SL 1989, ch 388, § 45.
S.D. Codified Laws § 46A-14-43.1 — SD Code / Title 46A / Chapter 14 / Section 46A-14-43.1
District bylaws may be proposed by petition--Approval by board and special election
Status: in_force

In addition to the procedures provided in § 46A-14-43 for adopting watershed district bylaws, bylaws may be proposed by petition of twenty-five percent of the eligible voters of the district. The proposed bylaws shall be adopted if approved by the board of managers of the watershed district and if at least sixty percent of the votes cast in a special election on the issue are in favor of adopting the proposed bylaws.

Source: SL 1989, ch 389, § 8; SL 2013, ch 228, § 32.
S.D. Codified Laws § 46A-18-20.1 — SD Code / Title 46A / Chapter 18 / Section 46A-18-20.1
Payment of election costs
Status: in_force

If at least sixty percent of the votes cast in the initial election are in favor of the formation of the water project district, the costs of the election shall be paid by the new water project district. If less than sixty percent of the votes cast in the initial election are in favor of the formation of the water project district, the counties having land in the proposed district shall pay the costs of the election in proportion to each county's share of the equalized assessed valuation of the land within the proposed district.

Source: SL 1985, ch 366.
S.D. Codified Laws § 46A-9-40 — SD Code / Title 46A / Chapter 9 / Section 46A-9-40
Powers of corporation for public purposes--Acquisition and disposition of property
Status: in_force

The water user district has all the usual powers of a corporation for public purposes. The district may acquire by purchase, gift, condemnation, or other lawful means and may hold any real or personal property reasonably necessary for the conduct of its business, or may lease such property for its proper purposes. The district may sell, lease, or otherwise dispose of such property if not needed by the district.

Source: SL 1939, ch 291, § 7; SDC Supp 1960, § 61.1307 (1); SDCL § 46-16-39; SL 2011, ch 165, § 478.
S.D. Codified Laws § 46A-10B-14 — SD Code / Title 46A / Chapter 10B / Section 46A-10B-14
Effect of chapter upon Water Management Board and certain other state laws
Status: in_force

The provisions of this chapter do not abrogate or limit the rights, powers, duties, and functions of the State Water Management Board with reference to water rights, flood control, outlet elevations for public lakes, or ordinary high and low water marks on public lakes, but are supplementary thereto. This chapter does not limit or affect the laws of this state relating to organization and maintenance of irrigation districts, water user districts, water project districts, water development districts, conservation districts, or watershed districts, nor does it infringe upon or establish any rights superior to any existing water rights.

Source: SL 1989, ch 388, § 20.
S.D. Codified Laws § 46A-4-10 — SD Code / Title 46A / Chapter 4 / Section 46A-4-10
Holding or taxing nonirrigable land for irrigation purposes
Status: in_force

In no case may any land be held by any district or taxed for irrigation purposes if the land cannot from any natural cause be irrigated by the district.

Source: SDC 1939, § 61.0832; SDCL § 46-12-10; SL 2011, ch 165, § 334.
S.D. Codified Laws § 46A-9-35 — SD Code / Title 46A / Chapter 9 / Section 46A-9-35
Bond of treasurer
Status: in_force

The treasurer shall furnish and maintain a corporate surety bond in such amounts and with such sureties as the directors may specify and conditioned on faithful performance of the treasurer's duties. The bond, as thus approved, shall be filed with the secretary of state, and the premium upon the bond shall be paid by the district.

Source: SL 1939, ch 291, § 6; SDC Supp 1960, § 61.1306; SDCL § 46-16-35; SL 2011, ch 201, § 1.
S.D. Codified Laws § 46A-10B-26 — SD Code / Title 46A / Chapter 10B / Section 46A-10B-26
Reduction of fees upon completion or implementation of plan
Status: in_force

When all projects, facilities, and programs specified in the master drainage plan have been completed or implemented, any stormwater utility fees established pursuant to § 46A-10B-22 shall be reduced to a level not to exceed the amount necessary to properly operate and maintain the existing projects, facilities, and programs of the district.

Source: SL 1989, ch 388, § 32.
S.D. Codified Laws § 46-6-6 — SD Code / Title 46 / Chapter 6 / Section 46-6-6
Collection, preservation, and publication of data on underground water
Status: in_force

The collection, preservation, and publication of data with respect to the occurrence, quantity, quality, and hydraulic characteristics of underground water and the nature and identity of the subsurface geological formations in which it occurs are required by the public interest.

To this end the Water Management Board shall promulgate rules pursuant to chapter 1-26 governing the collection, preservation, and publication of such data.

Source: SDCL, § 46-6-6 as enacted by SL 1971, ch 252, § 2; SL 1972, ch 237, § 7; SL 1983, ch 314, § 95; SL 1993, ch 256, § 57.
S.D. Codified Laws § 46A-5-27 — SD Code / Title 46A / Chapter 5 / Section 46A-5-27
Diversion of water from channel unauthorized without payment of just compensation
Status: in_force

Nothing contained in chapters 46A-4 to 46A-7 , inclusive, authorizes any person to divert the waters of any river, creek, stream, canal, or ditch from its channel, so that the vested right of any person having any interest in the river, creek, stream, canal, or ditch, or the waters of the river, creek, stream, canal, or ditch, is invaded or interfered with, unless previous compensation has been determined and paid under the laws of this state authorizing the taking of private property for public use.

Source: SDC 1939, § 61.0928; SDCL § 46-13-27; SL 2011, ch 165, § 390.
S.D. Codified Laws § 46A-10A-4 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-4
Meetings
Status: in_force

A drainage commission shall meet at such times as may be necessary to accomplish the purposes of this chapter, but a commission may not meet less than once every six months.

Source: SL 1985, ch 362, § 5.
S.D. Codified Laws § 46A-1-73 — SD Code / Title 46A / Chapter 1 / Section 46A-1-73
Financing of pipelines or aqueducts--Bonds--Loans
Status: in_force

The South Dakota Conservancy District is hereby authorized to issue bonds for pipelines or aqueducts pursuant to § 46A-1-72 in an amount not to exceed five hundred million dollars. However, no single pipeline or aqueduct project may exceed an amount of seventy - five million dollars. The district may enter into a financing agreement to loan the proceeds of the bonds as authorized by law. The financing agreement shall provide for repayment of the loan through payments sufficient to pay the principal of, premium, if any, and interest on the bonds. The loan shall be secured by contracts for the delivery and sale of water and such additional security as is necessary for repayment and to market the bonds. The bonds do not constitute an indebtedness of the state and do not constitute nor give rise to a pecuniary or moral liability of the state or a charge against its general credit or taxing powers. No tax revenues of the state, its people, or any of its political subdivisions may be in any manner obligated to pay for any portion of the construction or financing of the pipeline or aqueduct.

Source: SL 1981 (2d SS), ch 2, § 3; SDCL Supp, § 46-17A-3.6; SL 2004, ch 274, § 2.
S.D. Codified Laws § 46-5-8 — SD Code / Title 46 / Chapter 5 / Section 46-5-8
Permit not required for domestic use--Permit required for dams on streams or dry-draws--Registration of domestic wells
Status: in_force

Any person desiring to make reasonable domestic use of water from any source may do so without obtaining a permit from the Water Management Board, except that no person may construct a dam across any dry - draw for any purpose, including domestic use, if the dam will impound more than twenty - five acre - feet of water, without first obtaining a permit from the board. Permits for dams on streams or dry - draws for domestic or other uses are subject to the doctrine of prior appropriation. Domestic users other than water distribution systems may register a domestic well with the board to document the location and output of their water supply and the quality of its water. The registration of a domestic well is not subject to the procedures for appropriation of water under chapters 46-5 , 46-6 , and the procedure contained in chapter 46-2A . The fee for registration is twenty - five dollars.

Source: SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0107; SL 1978, ch 319, § 1; SL 1983, ch 314, § 45.
S.D. Codified Laws § 46A-11-9 — SD Code / Title 46A / Chapter 11 / Section 46A-11-9
Assessments for further costs of construction
Status: in_force

After damages arising from establishment and construction of a project are paid and lands for the drainage are taken, assessments may be made for further costs of construction.

Source: SDC 1939, § 61.1011; SDCL, § 46-21-9; SL 1985, ch 362, § 106.
S.D. Codified Laws § 46A-10A-71 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-71
Drains along or across highways
Status: in_force

Subject to any official controls pursuant to this chapter and chapter 46A-11 , drains may be laid along, within the limits of, or across any public highway. If a highway is constructed along or across a drain, the board or officers in charge of such highway shall keep the drain free and clear of obstruction.

Source: SL 1985, ch 362, § 72.
S.D. Codified Laws § 46A-5-20 — SD Code / Title 46A / Chapter 5 / Section 46A-5-20
District bonds not deposited as security for federal contract
Status: in_force

If bonds of the district are not deposited with the United States pursuant to § 46A-5-19 , the board of directors shall include as part of any levy or assessment provided for in this title an amount sufficient to meet each year all payments accruing under the terms of any contract made pursuant to § 46A-5-18 .

Source: SDC 1939, § 61.0810; SL 1953, ch 482; SDCL § 46-13-20; SL 2011, ch 165, § 385.
S.D. Codified Laws § 46A-9-53 — SD Code / Title 46A / Chapter 9 / Section 46A-9-53
Filing of plans and specifications--Advertisement for bids
Status: in_force

Before publication of any advertisement pursuant to chapter 5-18A , plans and specifications for the proposed construction work or materials shall be prepared and filed at the principal office or place of business of the water user district. The advertisement shall be published as required by § 5-18A-14 and, in the discretion of the board of directors of the district, may be published in such additional newspapers or trade or technical periodicals as may be selected by the board in order to give proper notice of the receiving of bids. The advertisement shall designate the nature of construction work proposed to be done or materials proposed to be purchased.

Source: SL 1939, ch 291, § 13; SDC Supp 1960, § 61.1313; SDCL § 46-16-51; SL 1972, ch 34, § 6; SL 2006, ch 226, § 9; SL 2011, ch 2, § 149.
S.D. Codified Laws § 46A-4-95 — SD Code / Title 46A / Chapter 4 / Section 46A-4-95
Validation of previously created irrigation districts
Status: in_force

All irrigation districts, created under the provisions of this chapter, and any addition to or deletion from any such district, heretofore established or purporting to be established or adjusted pursuant to the provisions of this chapter and chapters 46A-5 to 46A-7 , inclusive, and having a de facto existence of at least one year, are hereby declared to be valid and legally created political subdivisions of the state. The regularity and validity of the creation of the irrigation districts or any boundary adjustments of the districts are not open to question in any court in this state. All acts and proceedings of any such irrigation district or of its board of directors, or both, leading up to the authorization and execution of an existing contract between any such irrigation district and the United States of America, and all acts and proceedings of any such irrigation district or of its board of directors, or both, leading up to the issuance and deliverance of bonds of any such irrigation district are hereby legalized, ratified, confirmed, and declared valid to all intents and purposes. All such existing contracts and outstanding bonds are hereby legalized and declared to be valid and legal obligations of and against the irrigation district executing or causing the execution of the contracts or bonds.

Source: SL 1977, ch 366, § 8; SDCL Supp, § 46-12-90; SL 2011, ch 165, § 377.
S.D. Codified Laws § 46A-10A-1 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-1
Definitions
Status: in_force

Terms used in this chapter and chapter 46A-11 , unless the context otherwise requires, mean:

(1) "Board," a board of county commissioners, as established in chapter 7-8 ;

(2) "Closed drain" or "blind drain," a man - made drain or drainage scheme utilizing pipes, tiles, or other materials and constructed in such a way that flow of water is not visible;

(3) "Commission" or "drainage commission," any county drainage commission created under the terms of this chapter;

(4) "Coordinated drainage area," a defined geographic area containing one or more parcels of real property and established under the provisions of this chapter and chapter 46A-11 by a board or commission to provide a planned network or method of natural or man - made drainage, or both, to benefit all parcels of real property involved;

(5) "Dominant estate," any parcel of real property, usually at a higher elevation, which holds a common law or statutory legal right to drain water onto other real property;

(6) "Drainage map," any map adopted by resolution of the board that delineates the extent of county drainage, a drainage project, or a coordinated drainage area;

(7) "Drainage plan," a document which may illustrate by maps, charts, and other descriptive matter the policies of the board to interrelate all man - made and natural systems and activities relating to drainage under its jurisdiction;

(8) "Drainage scheme," a plan or system by which water is drained from one or more parcels of real property onto one or more parcels of real property;

(8a) "Engineer," a professional, registered engineer;

(9) "Established water course," a fixed and determinate route, either natural or man - made, by which water has flowed from one parcel of real property to another and by which water has been discharged upon a servient estate for a period of time, on such a regular basis and in such quantities as to make it a predictably continuous activity;

(10) "Governing body," a board of county commissioners, a city council, or a city commission;

(11) "Landowner" or "owner," any individual, firm, or corporation, public or private, or public agency, who has legal title to real property as shown by the records of the register of deeds of the county in which the real property is situated. If the real property is sold under a contract for deed and the contract is of record in the office of the register of deeds for the respective county, both the recorded owner of the real property and the purchaser as named in the contract for deed are deemed owners of the real property;

(12) "Legal drain," a drain or drainage scheme that:

(a) Is vested under the provisions of this chapter and chapter 46A-11 ;

(b) Has been constructed by a person or by a unit of government under the provisions of past or present law; or

(c) Has been granted a drainage permit, if a permit is necessary under the provisions of this chapter and chapter 46A-11 ;

(13) "Municipality," a city or town, however organized, as defined in § 9-1-1 ;

(14) "Natural drain," a drainage system which operates as part of a natural water course, as defined in subdivision (15) of this section;

(15) "Natural water course," a fixed and determinate route by which water naturally flows from one parcel of real property to another due to the conformation of the land and by which water is discharged upon the land receiving the water. It is not necessary that the force of the flow of water be sufficient to form a channel having a well - defined bed or banks;

(16) "Official control," any ordinance, order, regulation, map, or procedure adopted by a board to regulate drainage;

(17) "Ordinance," any ordinance, as defined in subdivision 7-18A-1 (2), adopted by a board to regulate drainage of both rural and urban areas to provide coordination of drainage projects, individual drainage efforts and drainage areas and to foster conformity with any county drainage plan;

(18) "Private drain," a drainage system or scheme designed, constructed, and maintained by a person primarily for his own benefit or a natural drain, whether or not actively maintained, that provides a benefit primarily to one person;

(19) "Rural" or "rural area," any territory outside a municipality as defined in § 9-1-1 ;

(20) "Servient estate," any parcel of real property, usually at a lower elevation, which is subject to a legal right allowing a dominant estate to drain water onto it;

(21) "Unit of local government," a municipality as defined in § 9-1-1 , an irrigation district as defined in chapter 46A-4 , a school district as defined in § 13-5-1 , a water project district as defined in chapter 46A-18 , a water user district as defined in § 46A-9-2 , a township as defined in chapter 8-1 , a sanitary district as defined in chapter 34A-5 , a conservation district as defined in chapter 38-8 or other special district;

(22) "Vested right," a right of water drainage from one parcel of property to another which is settled or accrued to the property on the basis of state law; and

(23) "Water management board," the state board created in § 1-41-15 .

Source: SL 1985, ch 362, § 2; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
S.D. Codified Laws § 46A-16-15 — SD Code / Title 46A / Chapter 16 / Section 46A-16-15
Lake protection and rehabilitation projects--Commission powers
Status: in_force

The South Dakota - Minnesota Boundary Waters Commission may plan, coordinate, hold public hearings on, and propose lake protection and rehabilitation projects for boundary water lakes. The commission may accept and distribute grants from any source for the purposes set forth in this section. The commission shall seek the advice of local units of government and encourage them to voluntarily implement projects proposed by the commission and to enter into agreements with one another for that purpose.

Source: SL 1980, ch 313, § 2; SL 1981, ch 325, § 2; SDCL Supp, § 46-29-14.
S.D. Codified Laws § 46A-1-41 — SD Code / Title 46A / Chapter 1 / Section 46A-1-41
State general obligation not to be created
Status: in_force

Nothing in this chapter shall be construed to authorize the district to contract a debt on behalf of, or in any way to obligate, the State of South Dakota, or to pledge, assign, or encumber in any way, or to permit the pledging, assigning, or encumbering in any way, of appropriations made by the Legislature of the State of South Dakota unless the Legislature specifically provides otherwise.

Source: SL 1972, ch 241, § 40; SDCL Supp, § 46-17A-39.
S.D. Codified Laws § 46A-7-3 — SD Code / Title 46A / Chapter 7 / Section 46A-7-3
Special assessment--Submission of question of levy--Notice of election--Authorization by majority of votes--Levy of assessment--Entry upon assessment roll and tax list--Collection
Status: in_force

The board of directors may at any time call a special election and submit to the qualified electors of the district the question whether or not a special assessment shall be levied for the purpose of raising money to be applied for any of the purposes provided for in chapters 46A-4 to 46A-7 , inclusive. The election shall be called upon the notice prescribed, and the election shall be held and the result of the election determined and declared in all respects in conformity with the provisions of chapters 46A-4 to 46A-7 , inclusive. The notice shall specify the amount of money proposed to be raised, and the purpose for which it is intended to be raised. The ballots shall contain the words "Assessment--Yes," "Assessment--No." If a majority of the votes are "Assessment--Yes," the board shall, at the time of the annual levy, levy an assessment sufficient to raise the amount voted. The assessment shall be entered upon the assessment roll and upon the tax list by the county auditor and collected at the same time and in the same manner as other assessments. All revenue laws of this state for the collection of real estate taxes and sale of land for taxes apply to the assessment provided for in this section. When collected, the assessment shall be paid by the county treasurer to the district treasurer for the purpose specified in the notice of the special election.

Source: SDC 1939, § 61.0923; SDCL § 46-15-3; SL 2011, ch 165, § 416.
S.D. Codified Laws § 46A-1-84 — SD Code / Title 46A / Chapter 1 / Section 46A-1-84
Adoption of rules to award financial assistance to sponsors of solid waste management projects--Purpose and preference of awards
Status: in_force

The Board of Water and Natural Resources shall promulgate rules pursuant to chapter 1-26 to award grants, loans, or other forms of financial assistance to sponsors of solid waste management projects. The rules shall base the awarding of grants or loans on a project's reflection of the solid waste management policy and hierarchy established in § 34A-6-1.2 , the proposed amount of local matching funds, technical merit, and need for funding assistance.

Grants or loans may be awarded for planning, construction, and operation of solid waste management and recycling facilities. Preference in awarding grants or loans shall be given for projects which reduce the cost and number of landfills through shared facilities or use of innovative or alternative techniques, which are high on the waste management policy hierarchy, which involve areas which are particularly subject to groundwater or surface water contamination, or which will reduce long - term operating, closure, or post - closure costs.

Source: SL 1989, ch 306, § 65; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 1992, ch 60, § 2; SL 1992, ch 254, § 50W; SL 1993, ch 256, § 63; SL 1996, ch 219, § 5; SL 1997, ch 254, § 4.
S.D. Codified Laws § 46-5-30.1 — SD Code / Title 46 / Chapter 5 / Section 46-5-30.1
License issued by chief engineer
Status: in_force

Upon completion of an inspection, upon completion of any required changes and upon payment of any applicable fees, the chief engineer shall issue a license to appropriate water to the extent and under the conditions of the actual application of water to beneficial use, but he may not extend the rights described in the permit. No permit holder may divert water until the assessed license fee has been paid.

Source: SL 1983, ch 314, § 58.
S.D. Codified Laws § 46A-14-48 — SD Code / Title 46A / Chapter 14 / Section 46A-14-48
Determination of priority of specific projects--Surveys of work--Estimates--Reports of engineer, filing, public inspection
Status: in_force

After the general improvement plan of the district has been adopted, as provided in § 46A-14-47 , the managers shall determine the order in which specific projects included in the general plan shall be undertaken and shall cause accurate surveys of all work deemed necessary to be done and accurate estimates and calculations to be made by the engineer, as provided in this chapter. The engineer shall make written reports showing the amount, character, and kind of work to be done and the location and estimated cost thereof. Any engineer's report shall include:

(1) A description of any area to be benefited by the project and each of the major works of improvement;

(2) The starting point, the route, and the terminus of any proposed drainage ditches or flood control canals;

(3) The course and length of any drain through each tract of land with the number of acres to be acquired from each tract for construction;

(4) A topographical map showing the location and size of any lake, pond, or depression in areas benefited by drainage or flood control canals, together with the approximate location of any natural subdivide;

(5) The project's probable cost;

(6) Data establishing the presence of a suitable outlet for project waters; and

(7) Any such other fact as may be material to determine the practicability of the various project features.

The reports shall be filed in the office of the managers and at all reasonable times shall be open to public inspection.

Source: SL 1957, ch 492, § 22; SL 1959, ch 452, § 17; SDC Supp 1960, § 61.1522; SDCL, § 46-24-48; SL 1985, ch 364, § 1; SL 1995, ch 253, § 7.
S.D. Codified Laws § 46A-14-38 — SD Code / Title 46A / Chapter 14 / Section 46A-14-38
Candidates for board of managers--Filing of application--Qualifications
Status: in_force

Candidates for the board of managers shall file their written applications with the secretary of the board of managers at least thirty days before the election. All managers and candidates shall be eligible voters of the district or designees of eligible voters as provided in § 46A-14-15.1 . Eligible voters residing within or outside the district may vote in person or by absentee ballot.

Source: SL 1957, ch 492, § 17; SL 1959, ch 452, § 13; SDC Supp 1960, § 61.1517; SL 1965, ch 303, § 6; SDCL § 46-24-38; SL 2013, ch 228, § 30.
S.D. Codified Laws § 46A-17-2 — SD Code / Title 46A / Chapter 17 / Section 46A-17-2
Effective date of compact--Notice of ratification
Status: in_force

Said compact shall not be binding or obligatory upon any of the high contracting parties thereto unless and until the same shall have been ratified by the Legislature of each of the said states and approved by the Congress of the United States. The Governor of South Dakota shall give notice of the ratification and approval of said compact by the South Dakota Legislature to the Governors of each of the said states and to the President of the United States.

Source: SL 1943, ch 283, § 2; SDC Supp 1960, § 55.5102; SDCL, § 46-30-2.
S.D. Codified Laws § 46A-11-24 — SD Code / Title 46A / Chapter 11 / Section 46A-11-24
Drainage bonds--Execution--Purpose of issue--Negotiation--Recital--Charge against lands
Status: in_force

Bonds issued pursuant to § 46A-11-23 shall be signed by the chairman of the board and the auditor, shall be issued for the benefit of the particular drainage district, and shall be numbered, recorded, and indexed in the office of the county auditor. The board shall negotiate the bonds at not less than their par value and the proceeds and any premium received on the bonds shall be credited to the fund of the particular drainage project. The bonds shall state that they are issued pursuant to this chapter and that they are to be paid out of funds to be obtained as provided in this chapter. The bonds shall be a charge against the lands for which benefit the bonds are issued until the principal and interest thereon have been fully paid.

Source: SDC 1939, § 61.1024; SDCL, § 46-21-24; SL 1985, ch 362, § 121.
S.D. Codified Laws § 46A-11-12 — SD Code / Title 46A / Chapter 11 / Section 46A-11-12
Assessments paid to county treasurer--Distribution
Status: in_force

Assessments shall be paid to the county treasurer and assessment proceeds shall be remitted to the holders of assessment certificates upon order of the board for the particular project.

Source: SDC 1939, § 61.1011; SDCL, § 46-21-12; SL 1985, ch 362, § 109.
S.D. Codified Laws § 46A-11-10 — SD Code / Title 46A / Chapter 11 / Section 46A-11-10
Assessments as work progresses--One assessment sufficient where no damages are payable or damages have been paid with warrants
Status: in_force

If no damages are required to be paid before taking lands for a project or if damages have been paid by proceeds from the sale of warrants, only one assessment need be made. However, the board may make several assessments as work progresses.

Source: SDC 1939, § 61.1011; SDCL, § 46-21-10; SL 1985, ch 362, § 107.
S.D. Codified Laws § 46A-7-4 — SD Code / Title 46A / Chapter 7 / Section 46A-7-4
Apportionment of benefits accruing to land by irrigation--Basis for annual assessments
Status: in_force

The director of equalization shall, between the first Monday in May and the first Monday in July in each year, examine each tract or legal subdivision of land in an irrigation district including entered and unentered public lands of the United States, subject to the irrigation district under the act of Congress approved August 11, 1916, entitled "An Act to promote the irrigation of arid lands," as amended to January 1, 2011. The director of equalization shall determine the benefits that will accrue to each tract or subdivision on account of the construction or acquisition of the irrigation works. The amount so apportioned or distributed to each tract or subdivision as finally equalized or confirmed by the court, as the case may be, is the basis for fixing the annual assessments levied against the tracts or subdivisions in carrying out the purposes of chapters 46A-4 to 46A-7 , inclusive.

Source: SDC 1939, § 61.0904; SL 1949, ch 435, § 1; SDCL § 46-15-4; SL 2011, ch 165, § 417.
S.D. Codified Laws § 46A-9-23 — SD Code / Title 46A / Chapter 9 / Section 46A-9-23
Action by Board of Water and Natural Resources on petition for extension of district--Certificate of approval--Filing--Effect
Status: in_force

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 to 46A-9-16 , inclusive, and § 46A-9-18 .

Upon the approval of the petition and project by the Board of Water and Natural Resources, and the issuance and filing of its certificate of approval in the Office of the Secretary of State and filing a copy of the certificate, certified by the secretary of state, in the office of the county auditor of each county in which any lands in which such water user district is located, the included areas constitute a part of the water user district.

Source: SL 1943, ch 310; SDC Supp 1960, § 61.1304 (2); SDCL § 46-16-22; SL 2011, ch 165, § 473.
S.D. Codified Laws § 46A-3B-4 — SD Code / Title 46A / Chapter 3B / Section 46A-3B-4
Nomination of director candidates
Status: in_force

A director candidate may be nominated by a petition signed by at least twenty-five registered voters residing in the director area to be represented by the candidate. Nominating petitions must be made available at the water development district office, the secretary of state's office, and the respective county auditors' offices. Nominating petitions must be prescribed by the state election board and filed with the secretary of state between eight a.m., on January first and five p.m., on the last Tuesday of March, prior to the date of the primary election. If a petition is mailed to the secretary of state's office, by registered mail, before five p.m., on the last Tuesday of March, prior to the primary election, it is considered filed.

For the initial election, director nominating petitions must be made available by the Department of Agriculture and Natural Resources and must be filed with the department no later than five p.m., on the first Tuesday of August, before the general election, or in the case of a special election under § 46A-3B-1 , no later than thirty days before the date of the special election.

Source: SL 1984 (SS), ch 1, § 18; SL 1987, ch 29, § 32; SL 1989, ch 386, § 2; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 2008, ch 234, § 1, eff. Feb. 7, 2008; SL 2015, ch 77, § 2 rejected Nov. 8, 2016; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021; SL 2025, ch 186, § 24.
S.D. Codified Laws § 46A-4-47 — SD Code / Title 46A / Chapter 4 / Section 46A-4-47
Compensation of district directors--Payment from district fund
Status: in_force

For the time actually and necessarily employed in the duties of their office and in attending and returning from the sessions of the board of directors, the district directors may receive travel and subsistence expense at the rates set pursuant to chapter 3-9 . In addition, per diem, not to exceed the Board of Water and Natural Resources' per diem, may be paid each member for each day of actual service for attending meetings, hearings, or investigations of the irrigation district board.

Source: SDC 1939, § 61.0815; SL 1967, ch 341; SDCL, § 46-12-46; SL 1979, ch 299, § 2; SL 1984, ch 294, § 35; SL 1992, ch 319; SL 2024, ch 20, § 19.
S.D. Codified Laws § 46A-1-13.7 — SD Code / Title 46A / Chapter 1 / Section 46A-1-13.7
Sioux Falls Flood Control Project authorized
Status: in_force

Pursuant to §§ 46A-1-11 to 46A-1-13 , inclusive, construction of a twenty - six million nine hundred thousand dollar Sioux Falls Flood Control Project as generally described in the report "Draft Feasibility Report--Local Flood Protection Big Sioux River and Skunk Creek at Sioux Falls, South Dakota" dated September 1991 is hereby authorized for the purpose of providing flood control protection along the Big Sioux River and Skunk Creek in the city of Sioux Falls.

Source: SL 1992, ch 254, § 17.
S.D. Codified Laws § 46A-11-5 — SD Code / Title 46A / Chapter 11 / Section 46A-11-5
Assessment by board--Cost of establishment
Status: in_force

After equalization of benefits, the board may make an assessment against each tract and property affected, in proportion to the benefits as equalized, to pay damages and project costs incurred. Costs shall include expenses of the board, surveyors and assistants, plans and profiles, publication and filing, other fees, interest on bonds issued or to be issued, and all other expenses incurred that contribute to establishment or construction of the project.

Source: SDC 1939, § 61.1008; SDCL, § 46-21-5; SL 1985, ch 362, § 102.
S.D. Codified Laws § 46-7-5.1 — SD Code / Title 46 / Chapter 7 / Section 46-7-5.1
Repair of unsafe works by chief engineer--Cost as lien against property--Bidding provisions
Status: in_force

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.
S.D. Codified Laws § 46-1-12 — SD Code / Title 46 / Chapter 1 / Section 46-1-12
Suspension or cancellation of permit or license
Status: in_force

Any permit or license issued pursuant to this title may be suspended or canceled by order of the Water Management Board after a hearing pursuant to chapter 1-26 whenever the board finds that an individual permittee or licensee, or the agent or employee of either of them as the case may be, has violated any term of the permit or license. The board may suspend the permit or license for a period of up to one year for the first violation; for up to three years for the second violation; and may cancel the permit or license for a third violation.

Source: SL 1977, ch 350; SL 1983, ch 314, § 10.
S.D. Codified Laws § 46A-16-16 — SD Code / Title 46A / Chapter 16 / Section 46A-16-16
Local advisory committees for lake projects
Status: in_force

The South Dakota - Minnesota Boundary Waters Commission shall establish a local advisory committee for each lake protection and rehabilitation project. The committee shall consist of a majority of locally elected officials of governmental units within the lake watershed including tribal government.

Source: SL 1980, ch 313, § 3; SDCL Supp, § 46-29-15.
S.D. Codified Laws § 46A-1-32 — SD Code / Title 46A / Chapter 1 / Section 46A-1-32
Terms of bonds
Status: in_force

The bonds may be issued and sold in one or more series, may be in such amounts and at such prices, may bear such date or dates, may be in such denomination or denominations, may mature at such time or times not exceeding fifty years from the respective dates thereof, may mature in such amount or amounts, may bear interest at such times and at such fixed or variable rate or rates as shall be determined by the district and without regard to any interest rate limitation appearing in any other law, may be in such form, either coupon or registered as to principal only or as to both principal and interest, may carry such registration privileges (including the conversion of a fully registered bond to a coupon bond or bonds and the conversion of a coupon bond to a fully registered bond), may be executed in such manner, may be made payable in such medium of payment, at such place or places within or without the state, may be callable or subject to purchase and retirement or tender and remarketing as determined by the district in any indenture, resolution, or other instrument. The district may take any action it deems appropriate for the purpose of implementing this section, including establishing parameters referencing current market conditions or published indices in connection with establishing interest rates, imposing maximum interest rate limitations, or establishing other parameters it deems appropriate, and may delegate the administration of specific functions within the established parameters. The district may enter into arrangements to provide additional security and liquidity for bonds, and to limit, reduce, or manage interest rate exposure with respect to bonds issued or to be issued.

Source: SL 1972, ch 241, § 33; SDCL Supp, § 46-17A-32; SL 2008, ch 231, § 1.
S.D. Codified Laws § 46A-11-38 — SD Code / Title 46A / Chapter 11 / Section 46A-11-38
Refunding excess assessments
Status: in_force

The board shall refund, upon request, any excess assessment not used in construction of any project to any person, corporation, municipality, or township within a drainage project, in proportion to the amount paid.

Source: SDC 1939, § 61.1043; SDCL, § 46-21-38; SL 1985, ch 362, § 135; SL 1992, ch 60, § 2.
S.D. Codified Laws § 46A-10A-90 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-90
Injury or obstruction of drainage as misdemeanor--Civil liability
Status: in_force

Any person who intentionally removes a surveyor's stake set along the line of a drain, obstructs or injures a drain or watercourse used for drainage, or breaks down or injures a levee governed by the provisions of this chapter and chapter 46A-11 :

(1) Is guilty of a Class 2 misdemeanor; and

(2) Is liable for damages in an amount required to repair the injury, such damages to be recovered in a civil action by the board. Damages, when collected, shall be deposited with the county treasurer and credited to the construction and maintenance fund of the project.

Source: SL 1985, ch 362, § 91.
S.D. Codified Laws § 46-7-5.11 — SD Code / Title 46 / Chapter 7 / Section 46-7-5.11
Where privately owned high-hazard dam is subject to action by chief engineer and state
Status: in_force

The provisions of § 46-7-5 shall take effect notwithstanding § 46-7-5.7 , if:

(1) The owner fails to comply with §§ 46-7-5.4 to 46-7-5.11 , inclusive;

(2) The owner violates any of the conditions set by the board pursuant to § 46-7-5.9 ; or

(3) There has been a change of conditions which takes the dam out of the operation of §§ 46-7-5.4 to 46-7-5.11 , inclusive.

In addition, the board will cancel the filing and no further affidavits may be filed for the dam.

Source: SL 1990, ch 357, § 8.
S.D. Codified Laws § 46-8-1 — SD Code / Title 46 / Chapter 8 / Section 46-8-1
Right of eminent domain for application or conveyance of water for beneficial use
Status: in_force

Any person may exercise the right of eminent domain in the manner provided by law to acquire as a public use any property or other rights necessary for application of water to beneficial uses or to enlarge an existing structure for conveyance of water for use in common with an existing or former owner. Application of water to beneficial use is a public use, in the public interest and of benefit to the public.

Source: SDC 1939, § 61.0103; SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0156; SL 1983, ch 314, § 131.
S.D. Codified Laws § 46A-14-47 — SD Code / Title 46A / Chapter 14 / Section 46A-14-47
General improvement plan--Consultation with advisory committee and supervisors of conservation districts--Contents--Steering committee preparation of preliminary plan
Status: in_force

The managers shall within a reasonable length of time after qualifying, adopt an overall plan for improvements within the district for reclamation, drainage, erosion, and flood control, and improvement of lands, soils, waters, forests, wildlife, and all other authorized purposes. The plan finally adopted shall be made in conjunction with the advisory committee established pursuant to § 46A-14-40 and in consultation with the district supervisors of each conservation district in the watershed district, but the managers have final authority and full responsibility. This plan shall be designated the general improvement plan for the watershed district. The general improvement plan shall consist of a map showing the area to be benefited; the location of the proposed works of improvement; the location of buildings, roads, streams, and other topographic features as are pertinent to show the relation of the proposed works of improvement to the area of the district; and a narrative in which are stated the estimated benefits that will result and the proposed method of financing and accomplishing the work to be done. Upon receipt of a copy of the general improvement plan, the Board of Water and Natural Resources shall examine the plan and within thirty days transmit a report of their recommendations to the managers.

Before formation of a watershed district, requests for planning assistance, development of watershed work plans, and similar considerations may be undertaken by steering committees of local people with sponsoring assistance by conservation districts as permitted under state law and in accordance with federal laws. Such plans may be considered as the preliminary general improvement plan until the final general improvement plan is adopted as provided in this section.

Source: SL 1957, ch 492, § 21; SL 1959, ch 452, § 16; SDC Supp 1960, § 61.1521 (1); SDCL § 46-24-47; SL 1995, ch 253, § 6; SL 2013, ch 228, § 34.
S.D. Codified Laws § 46A-5-1 — SD Code / Title 46A / Chapter 5 / Section 46A-5-1
Use of water and property for irrigation of lands--Public use--Regulation and control by state
Status: in_force

The use of all water required for irrigation of lands of any district formed under the provisions of chapter 46A-4 , together with canals and ditches already constructed, the rights - of - ways for canals and ditches, sites for reservoirs and pumping plants, and all other property required in fully carrying out the pertinent provisions of this title, is hereby declared to be a public use, subject to the regulation and control of the state in the manner prescribed by law.

Source: SDC 1939, § 61.0810; SL 1953, ch 482; SDCL, § 46-13-1.
S.D. Codified Laws § 46A-7-27 — SD Code / Title 46A / Chapter 7 / Section 46A-7-27
Filing of certificate of decision to collect assessments against acreage within United States reclamation project--Treasurer of irrigation district to act in lieu of county auditor and treasurer
Status: in_force

If the written certificate of the board of directors is filed as provided in § 46A-7-23 , the irrigation district is not required to certify to the county auditor the amount of the assessments, including sums due the United States, that have been levied against the acreage of the district. The auditor is not required to enter the amount of each of the sums in separate columns of the tax lists of the county; and the tax lists, when delivered by the auditor to the county treasurer, need not contain the assessments levied on the tracts of land within the irrigation district. The secretary of the board of directors of the irrigation district shall certify to the treasurer of the irrigation district the amount of the assessments, including sums due the United States, who shall act in lieu of the county auditor in entering the amount of assessments in each fund levied upon each tract of land by the board of directors, including sums due the United States, in separate columns of a book to be known as "irrigation district assessment collection book." The book shall be kept by the treasurer of the district as a public record of the irrigation district, and the treasurer shall thereafter act in lieu of the county treasurer in sending notices, collecting, and receipting for such assessments.

Source: SL 1945, ch 348; SDC Supp 1960, § 61.0932; SDCL § 46-15-27; SL 2011, ch 165, § 428.
S.D. Codified Laws § 46-2A-6 — SD Code / Title 46 / Chapter 2A / Section 46-2A-6
Service and filing of pleadings, petitions, and motions
Status: in_force

The originals of all pleadings, including petitions to contest, petitions to intervene, and motions, shall be filed with the chief engineer and served upon other parties, either personally or by mail. The chief engineer shall provide copies to all Water Management Board members. Service and filing by mail shall be deemed complete upon mailing. Any comment filed pursuant to subdivision 46-2A-4 (7) shall be provided by the chief engineer to all Water Management Board members and become part of the public record.

Source: SL 1983, ch 316, § 12; SL 2021, ch 192, § 3.
S.D. Codified Laws § 46A-9-10 — SD Code / Title 46A / Chapter 9 / Section 46A-9-10
Instruments constituting petition for organization of district--Affidavit of circulator as to signatures on each sheet--Form
Status: in_force

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 and below the signatures an affidavit by the circulator in substantially the following form:

________, being first duly sworn, deposes and says, that he is the circulator of the foregoing petition containing ________ signatures; that each person whose name appears on said petition sheet personally signed said petition in the presence of affiant; that he believes that each of said signers is an owner or entryman of the land described opposite his signature, to be included within the proposed water user district, and residing at the address written opposite his name, and that affiant stated to every petitioner before he affixed his signature the legal effect and nature of said petition.

Source: SL 1939, ch 291, § 4; SL 1943, ch 310; SDC Supp 1960, § 61.1304 (1); SDCL, § 46-16-10.
S.D. Codified Laws § 46A-6-19 — SD Code / Title 46A / Chapter 6 / Section 46A-6-19
Payment of bonds and interest--Annual assessment upon real property of district
Status: in_force

The bonds, and the interest on the bonds, shall be paid by revenue derived from an annual assessment upon the real property of the district. All real property of the district is liable to be assessed for such payments as provided in chapter 46A-7 , and for all payments due or to become due to the United States under any contract between the district and the United States for which bonds of the district have not been deposited with the United States.

Source: SDC 1939, § 61.0903; SDCL § 46-14-18; SL 2011, ch 165, § 401.
S.D. Codified Laws § 46A-1-24 — SD Code / Title 46A / Chapter 1 / Section 46A-1-24
Additional covenants and conditions to secure interim notes
Status: in_force

The district, in order further to secure the payment of the interim notes, may make any other or additional covenants, terms, and conditions not inconsistent with the provisions of this chapter, and do anything that may be necessary or convenient or desirable in order to secure payment of its interim notes, or in the discretion of the district, as will tend to make the interim notes more acceptable to lenders, notwithstanding that the covenants, acts, or things may not be enumerated in this chapter.

Source: SL 1972, ch 241, § 28; SDCL Supp, § 46-17A-26; SL 2011, ch 165, § 291.
S.D. Codified Laws § 46A-10A-8 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-8
State Water Management Board, districts, and existing water rights unaffected--Effect on drainage districts
Status: in_force

The provisions of this chapter and chapter 46A-11 do not abrogate or limit the rights, powers, duties, and functions of the State Water Management Board with reference to water rights, flood control, outlet elevations for public lakes, or ordinary high and low water marks on public lakes, but are supplementary thereto. This chapter and chapter 46A-11 do not limit or affect the laws of this state relating to organization and maintenance of irrigation districts, water user districts, water project districts, water development districts, conservation districts, or watershed districts, nor does it infringe upon or establish any rights superior to any existing water rights. The provisions of this chapter may affect drainage districts only as outlined under provisions of § 46A-10A-43 .

Source: SL 1985, ch 362, § 8A; SL 1986, ch 379, § 4.
S.D. Codified Laws § 46A-6-24 — SD Code / Title 46A / Chapter 6 / Section 46A-6-24
Interest on unpaid coupons--Majority vote of electors--Adoption declared by board--Levy for capital projects fund--Stamping of coupons by county treasurer
Status: in_force

If a majority of the ballots cast on such proposition shall be in favor thereof, the board of directors shall declare the same adopted and the funds to pay such interest shall be estimated and included in the levy for the capital projects fund of such irrigation district as provided by law. Thereafter, upon the presentation of any bond with coupons attached, or any detached coupons of such bonds upon which interest is payable under the provisions of this chapter, the treasurer shall stamp or write on such coupons: Bears interest at ____ percent per annum from the date of registration for payment (or) from date of election to pay interest (if previously registered for payment).

Payment of such coupon shall include the payment of the interest accruing under this chapter.

Source: SDC 1939, § 61.0901; SDCL, § 46-14-23.
S.D. Codified Laws § 46A-10A-110 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-110
Trustees to appoint superintendent and clerks for subsequent election board--Determination of compensation of election board
Status: in_force

After the first election of trustees, the trustees shall appoint a superintendent and two clerks to act as an election board in succeeding elections. The board of trustees may determine the amount of compensation for the election board for the services performed by them.

Source: SL 1997, ch 256, § 13.
S.D. Codified Laws § 46-6-16 — SD Code / Title 46 / Chapter 6 / Section 46-6-16
Uncontrolled artesian well from oil and gas exploration--Notice to chief engineer
Status: in_force

The Board of Minerals and Environment shall notify the chief engineer in writing of the location of any uncontrolled artesian well resulting from oil and gas exploration.

Source: SL 1955, ch 431, § 1; SDC Supp 1960, § 61.0412; SL 1983, ch 314, § 104.
S.D. Codified Laws § 46A-3D-8 — SD Code / Title 46A / Chapter 3D / Section 46A-3D-8
Property acquisition and disposition
Status: in_force

A water development district board of directors may acquire, by purchase or lease, all real and other property, as necessary to carry out the purposes of chapters 46A-3A to 46A-3E , inclusive. The board may hold and use the property, lease the property, sell the property, or otherwise dispose of the property in whole or in part. The board shall follow the procedures in chapter 6-13 for the sale, exchange, leasing, and disposal of property.

Source: SL 1984 (SS), ch 1, § 40; SL 1989, ch 30, § 75; SL 2025, ch 186, § 46.
S.D. Codified Laws § 46A-7-40 — SD Code / Title 46A / Chapter 7 / Section 46A-7-40
Expenditure from special revenue fund--Transfer of balance in inactive fund to debt service fund
Status: in_force

No expenditures may be made from the special revenue fund except for the purposes as specified in §§ 46A-7-38 and 46A-7-39 . If, by resolution of the board of directors, the fund is deemed inactive, the balance remaining in the fund shall be transferred to a debt service fund to be applied upon any indebtedness that may have been incurred by the district by reason of the creation of the special revenue fund, if any exists; otherwise, the balance shall be transferred to the general fund of the district.

Source: SDC 1939, § 61.0912; SDCL § 46-15-40; SL 2011, ch 165, § 436.
S.D. Codified Laws § 46-5-48 — SD Code / Title 46 / Chapter 5 / Section 46-5-48
Flood control--Emergency facilities authorized
Status: in_force

Section 46-5-47 does not apply to temporary emergency facilities constructed for the immediate protection of life or property. The chief engineer shall be promptly notified of the construction of such emergency facilities.

Source: SL 1983, ch 314, § 81.
S.D. Codified Laws § 46A-10A-65 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-65
Denial of petition or establishment of project--Findings required
Status: in_force

If the board has heard and considered the petition, it shall deny the petition if it finds the proposed project is not feasible and conducive to public welfare or is not necessary or practicable for draining land. If it finds the proposed project, or any variation thereof, is feasible and conducive to public welfare and necessary or practicable for draining land, the board by resolution shall establish the project.

Source: SL 1985, ch 362, § 66.
S.D. Codified Laws § 46A-18-33 — SD Code / Title 46A / Chapter 18 / Section 46A-18-33
Oath of directors
Status: in_force

Within thirty days of assuming office, the directors shall meet at the designated principal place of business of the district and shall take the oath as defined in the Constitution of South Dakota.

Source: SL 1984, ch 293, § 32; SL 1995, ch 253, § 15.
S.D. Codified Laws § 46A-10A-116 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-116
Powers and duties of board of trustees
Status: in_force

The board of trustees may control, supervise, and manage the district. Subject to the legal controls for drainage management under § 46A-10A-20 , the board of trustees may, in conformity with any applicable local, state, and federal laws, rules, ordinances, and regulations:

(1) Clean out, repair, and maintain an existing drainage ditch;

(2) Deepen, widen, or enlarge a drainage ditch;

(3) Create a new drainage ditch, or relocate an existing drainage ditch;

(4) Extend an existing drainage ditch;

(5) Acquire lands for right-of-way for ditches by purchase or condemnation or any other lawful method in conformity with chapter 21-35 and any other provision of state law;

(6) Repair levies, dikes, and barriers for the purpose of drainage;

(7) Regulate the flow and direction of water to prevent downstream flooding;

(8) Employ or contract with an engineer, hydrologist, surveyor, appraiser, assessor, legal counsel, or any other specialists as they deem necessary to carry out the powers and duties conferred by §§ 46A-10A-98 to 46A-10A-123 , inclusive;

(9) Let contracts for construction, maintenance, repair, or other necessary work pursuant to the provisions of chapters 5-18A and 5-18B and § 46A-10A-75 . No member of the board of trustees may have any interest in any contract or employment entered into pursuant to this subdivision or subdivision (8);

(10) Request the county commission or township board of supervisors to replace, repair, remove, and enlarge public highway culverts and bridges, pursuant to §§ 46A-10A-76 , 31-12-19 , 31-14-2 , and 31-14-27 ;

(11) Grant a request by a landowner to annex the landowner's land to the district and apportion the costs of clean out, maintenance, or construction according to the benefits received and subject to approval by a majority of the eligible landowners voting in a special election held by the board of trustees in conjunction with the district's annual election; and

(12) Reclassify benefits and apportion costs of clean out, extension, enlargement, repairs, or improvements among landowners benefitting therefrom, if the landowners have land located within the drainage district.

Source: SL 1997, ch 256, § 19; SL 2011, ch 2, § 151.
S.D. Codified Laws § 46A-18-12 — SD Code / Title 46A / Chapter 18 / Section 46A-18-12
Petition--Maps and documents to accompany filing
Status: in_force

A petition, if filed with the Board of Water and Natural Resources, shall be accompanied by maps showing the location of lands within the proposed district land and by such other maps, plans, and estimates as may be necessary to describe fully the operation and effects of the proposed project.

Source: SL 1984, ch 293, § 11.
S.D. Codified Laws § 46-2-20 — SD Code / Title 46 / Chapter 2 / Section 46-2-20
Cooperation with United States agencies
Status: in_force

The Water Management Board may cooperate with agencies of the United States engaged in similar surveys and investigations and in construction of works for development and use of the water supply of the state, expending for those purposes any money available for the work of the board, and may accept and use, in connection with the work of the board, the results of the work of agencies of the United States.

Source: SL 1983, ch 314, § 35.
S.D. Codified Laws § 46A-9-64 — SD Code / Title 46A / Chapter 9 / Section 46A-9-64
Construction fund--Deposit of bond proceeds--Credit of interest received upon deposits--Disbursements--Balance transferred to debt service fund
Status: in_force

The proceeds of the sale of the bonds and other evidences of indebtedness of each series issued under the provisions of this chapter shall be placed to the credit of the appropriate construction fund, which fund shall at all times be kept segregated and set apart from all other funds. There shall also be credited to the appropriate construction fund the interest received upon the deposits of moneys in such fund and moneys received by way of gift or grant from the United States or from any other source for the construction of the works. The moneys in each construction fund shall be paid out or disbursed in such manner as may be determined by the board of directors, subject to the provisions of this chapter, to pay the cost of the works as defined in § 46A-9-2 . Any surplus which may remain in any construction fund after providing for the payment of the cost of the works shall be added to and become a part of the appropriate debt service fund provided for in § 46A-9-66 .

Source: SL 1939, ch 291, § 16; SDC Supp 1960, § 61.1316 (2); SDCL, § 46-16-62.
S.D. Codified Laws § 46A-18-49 — SD Code / Title 46A / Chapter 18 / Section 46A-18-49
Tax levy or assessment resolution--Filing--Collection
Status: in_force

The directors, having completed an apportionment of benefits, shall prepare and by resolution approve a tax levy or assessment against real property within the district, or outside of the corporate limits of municipalities if a contract or contracts as provided in § 46A-18-48 are used, and shall annually file a detailed report with the appropriate county auditor by August first. The county auditor shall apply the district levy to the county tax rolls and collect the district levy in the same manner as other county taxes.

Source: SL 1984, ch 293, § 48; SL 1990, ch 366, § 13.
S.D. Codified Laws § 46A-4-23 — SD Code / Title 46A / Chapter 4 / Section 46A-4-23
Directors elected at large as a result of appointment of majority of directors by secretary of interior--Term of office
Status: in_force

If a majority of said board of directors are appointed by the secretary of the interior, as provided for in this chapter, then the remaining directors shall be elected at large within the entire irrigation district for terms of three years each, which terms, however, shall be limited to and expire at the same time as the terms of members appointed by the secretary of the interior, after which the directors shall be elected in the same manner and for the same terms as provided herein in the case of the first general election of directors.

Source: SDC 1939, § 61.0804; SDCL, § 46-12-23.
S.D. Codified Laws § 46A-4-37 — SD Code / Title 46A / Chapter 4 / Section 46A-4-37
Declaration of election results--Certificate of election
Status: in_force

The board of directors shall declare the person having the highest number of votes cast for each vacancy elected. The secretary shall immediately make out and deliver to that person a certificate of election, signed by the secretary and authenticated with the seal of the district.

Source: SDC 1939, § 61.0808; SDCL § 46-12-36; SL 1984, ch 294, § 30; SL 2011, ch 165, § 343.
S.D. Codified Laws § 46A-4-90 — SD Code / Title 46A / Chapter 4 / Section 46A-4-90
Additional security for deferred payments--Collection
Status: in_force

In addition to the lien, the board of directors may require the purchaser of the property to furnish the district with additional security upon all deferred payments. All notes, bonds, mortgages, and other securities shall be made out to and in the name of the irrigation district, and shall be, together with the money received from the sale, deposited with the county treasurer of the county in which the district was originally organized. The notes, bonds, mortgages, and other securities may be paid out only upon warrants duly authorized by the board of directors of the district, signed by the president and secretary of the board. All actions at law or in equity brought for the purpose of collecting such indebtedness, shall be brought in the name of the district by counsel employed by the district board. If the board is disorganized, such employment shall be by the board of county commissioners.

Source: SDC 1939, § 61.0848; SDCL § 46-12-85; SL 2011, ch 165, § 373.
S.D. Codified Laws § 46-10-3.4 — SD Code / Title 46 / Chapter 10 / Section 46-10-3.4
Captioning complaint for general adjudication
Status: in_force

The complaint for such general adjudication shall be captioned: In re the general adjudication of all rights to use water and water rights in the (to be specified) river system and all other sources, State of South Dakota.

Source: SL 1980, ch 305, § 10.
S.D. Codified Laws § 46A-9-71 — SD Code / Title 46A / Chapter 9 / Section 46A-9-71
Mortgage or hypothecation of property to secure payment of loans from governmental agencies
Status: in_force

If, in order to borrow money from the federal government or from any of its agencies, or from the State of South Dakota or from any other public or private provider of financing, it becomes necessary that the water user district mortgage or otherwise hypothecate any of its property or assets to secure the payment of a loan made to it by or from such a source, the district may mortgage or hypothecate the property and assets for these purposes. Nothing in this section prevents the district from assigning, pledging, or otherwise hypothecating its revenues, incomes, receipts, or profits to secure the payment of indebtedness to the federal government or any federal agency, the State of South Dakota, or any other public or private provider of financing. However, the State of South Dakota may never pledge its credit or funds, or any part of its credit or funds, for the payment or settlement of any indebtedness or obligation whatsoever of any district created under the provisions of this chapter. Nothing in this chapter authorizes any agency of the State of South Dakota to make loans to any such district, unless the agency is otherwise authorized by law to make such loans.

Source: SL 1939, ch 291, § 15; SDC Supp 1960, § 61.1315 (2); SDCL § 46-16-69; SL 2011, ch 165, § 487; SL 2022, ch 166, § 2.
S.D. Codified Laws § 46A-1-15 — SD Code / Title 46A / Chapter 1 / Section 46A-1-15
Consideration of wild, scenic, and recreational rivers
Status: in_force

The Board of Water and Natural Resources shall along with its review of the state water plan consider, in cooperation with the Game, Fish and Parks Commission, the designation of certain rivers or sections of rivers as "wild, scenic, and recreational rivers" upon which no development may occur that is detrimental to the natural and scenic beauty of the designated river.

Source: SL 1972, ch 241, § 21; SDCL Supp, § 46-17A-20; SL 2011, ch 165, § 288.
S.D. Codified Laws § 46A-1-13.11 — SD Code / Title 46A / Chapter 1 / Section 46A-1-13.11
Southern Black Hills Water System authorized
Status: in_force

Pursuant to §§ 46A-1-11 to 46A-1-13 , inclusive, construction of a seventy-seven million eight hundred thousand dollar Southern Black Hills Water System as generally described in the report "Southern Black Hills Water System Preliminary Engineering Report", dated February, 2005, is hereby authorized for the purposes of providing safe and adequate municipal, rural, and industrial water supplies in the counties of Custer, Fall River, and Pennington.

There is hereby authorized from the South Dakota water and environment fund established pursuant to § 46A-1-60 , a grant in the amount of twelve million dollars, or so much thereof as may be necessary, to provide the State of South Dakota's portion of the nonfederal matching requirement for the Southern Black Hills Water System. No disbursements may be made under the grant authorized by this section unless funds are appropriated by the Legislature in conformance with § 46A-1-61 . Funds appropriated for the Southern Black Hills Water System since January 1, 2006, shall be considered as part of the State of South Dakota's portion of the match requirement. Grant terms and conditions shall be set by the Board of Water and Natural Resources.

Source: SL 2010, ch 217, § 3, eff. Mar. 23, 2010.
S.D. Codified Laws § 46A-1-25 — SD Code / Title 46A / Chapter 1 / Section 46A-1-25
Registration of interim notes--Interest payment--Redemption prior to maturity
Status: in_force

The district may provide for the registration of the notes in the name of the owner either as to principal alone, or as to both principal and interest, on such terms and conditions as the district may determine by the resolution authorizing their issue. Interest on the notes may be made payable semiannually, annually, or at maturity. The notes may be made redeemable, prior to maturity, at the option of the district, in the manner and upon the terms fixed by the resolution authorizing their issuance.

Source: SL 1972, ch 241, § 29; SDCL Supp, § 46-17A-27.
S.D. Codified Laws § 46A-18-69 — SD Code / Title 46A / Chapter 18 / Section 46A-18-69
Services provided without charge to district
Status: in_force

All county officials shall perform the services outlined in this chapter free of charge to the district. The services of the Board of Water and Natural Resources, as provided in this chapter, also shall be free of charge to the district.

Source: SL 1984, ch 293, § 68.
S.D. Codified Laws § 46-6-13 — SD Code / Title 46 / Chapter 6 / Section 46-6-13
Measurement of flow and pressure of wells by chief engineer
Status: in_force

The chief engineer may measure the flow and pressure of any well, public or private, for the purpose of determining the increase or diminution of the flow or pressure of the well.

Source: SDC 1939, § 61.0403; SL 1955, ch 431, § 1; SDC Supp 1960, § 61.0408; SL 1983, ch 314, § 102.
S.D. Codified Laws § 46A-14-5 — SD Code / Title 46A / Chapter 14 / Section 46A-14-5
Initiating petition for establishment--Filing--Signatures required
Status: in_force

Any proceeding for the establishment of a watershed district shall be initiated by the filing of an initiating petition with each conservation district in which the proposed watershed district is located. The initiating petition shall be as provided in § 6-16-2 . If the proposed watershed district includes land in more than one conservation district, the supervisors of each such conservation district shall act jointly as a board of supervisors on all matters concerning the watershed district that are specified in this chapter for a single conservation district.

An official of any municipality authorized by resolution of the governing body may sign the petition on behalf of the municipality if land located within the boundaries of the municipality is to be included in the watershed district. The petition need not be signed by any of the property owners of the municipality.

Source: SL 1957, ch 492, § 5; SL 1959, ch 452, § 3; SDC Supp 1960, § 61.1505 (1); SDCL § 46-24-5; SL 1992, ch 60, § 2; SL 1998, ch 36, § 58; SL 2013, ch 228, § 9.
S.D. Codified Laws § 46A-1-71 — SD Code / Title 46A / Chapter 1 / Section 46A-1-71
Legislative findings regarding need for program of statewide water development and financing
Status: in_force

The Legislature finds that the proposed use of Madison formation water for widespread energy development in Wyoming presents an immediate threat to ground and surface water supplies and agricultural, domestic, environmental, and other beneficial water uses in western South Dakota; that prolonged and existing drought conditions in western South Dakota require the immediate provision of adequate and potable water supplies to municipalities and individual farms and ranches for human and animal consumption, and the failure to provide such water supplies endangers the economic viability of the agricultural industry in western South Dakota and the economy of the state as a whole; that the general lack of any water supply at all and the continued existence of water supplies containing radium, sulfates, iron, manganese, chlorides, fluorides, and nitrates constitutes an immediate and chronic hazard to the health, safety, and welfare of municipal and rural residents in the western portion of the state and requires the provision of adequate quantities of quality water to these residents; and that the economy of the state as a whole has been ravaged by the effects of drought to the extent that a general program of statewide water development and financing is immediately necessary to prevent widespread economic disaster.

Source: SL 1981 (2d SS), ch 1, § 1; SL 1981 (2d SS), ch 2, § 1; SDCL Supp, § 46-17A-3.4 .
S.D. Codified Laws § 46A-9-28 — SD Code / Title 46A / Chapter 9 / Section 46A-9-28
Registration of voters--Conduct of election--Costs
Status: in_force

At the time and place of the election, the presiding directors shall provide for registration of those present and entitled to vote, shall determine the number of votes to which each is entitled and shall prescribe the manner of casting ballots and canvassing votes. If election divisions are provided for, but the election is held at one place within the district, the board of directors shall arrange for separate registration and conduction of the election for each division separately. All costs incident to the election of directors shall be borne by the district.

Source: SL 1939, ch 291, § 5; SDC Supp 1960, § 61.1305 (1), (2); SDCL, § 46-16-27; SL 1984, ch 296, § 1.
S.D. Codified Laws § 46A-18-67 — SD Code / Title 46A / Chapter 18 / Section 46A-18-67
Depository for district funds
Status: in_force

All funds of the district shall be deposited by the district secretary - treasurer in a depository designated and approved by the directors and all warrants shall be drawn on the district.

Source: SL 1984, ch 293, § 66.
S.D. Codified Laws § 46A-14-83 — SD Code / Title 46A / Chapter 14 / Section 46A-14-83
Dissolution of district--Federal project not certified infeasible--Proposal defeated, three years before another vote on question
Status: in_force

If the vote authorized by § 46A-14-81 is against dissolution there may not be another vote for three years.

Source: SL 1957, ch 492, § 34; SL 1959, ch 452, § 28; SDC Supp 1960, § 61.1534; SDCL, § 46-24-82; SL 1980, ch 312, § 3.
S.D. Codified Laws § 46A-1-26 — SD Code / Title 46A / Chapter 1 / Section 46A-1-26
Execution and attestation of interim notes--Sale
Status: in_force

The notes may be executed by the chairman of the board and shall be attested by the secretary of the Department of Agriculture and Natural Resources. The district may by resolution provide that any signatures, other than the authentication signature of the trustee, on the notes may be printed, lithographed, engraved, or otherwise reproduced on the notes. The notes shall be sold in a manner and at a price determined by the district by resolution.

Source: SL 1972, ch 241, § 30; SL 1979, ch 301, § 8; SDCL Supp, § 46-17A-28; SL 1985, ch 352; SL 2011, ch 165, § 292; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 46A-10A-44 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-44
Recommendation that state's attorney seek injunction or other court action to prevent or abate violation
Status: in_force

In the event of a violation or a threatened violation of an ordinance, resolution, regulation, restriction, or other official control adopted pursuant to this chapter, a board or commission, in addition to other remedies, may recommend the county state's attorney seek an injunction or other appropriate action or proceeding in a court of competent jurisdiction to prevent, restrain, correct, or abate such violation or threatened violation.

Source: SL 1985, ch 362, § 44.
S.D. Codified Laws § 46-1-8 — SD Code / Title 46 / Chapter 1 / Section 46-1-8
Beneficial use--Measure and limit of right to use of waters
Status: in_force

Beneficial use is the basis, the measure and the limit of the right to the use of waters described in this title.

Source: SL 1955, ch 430, § 1; SL 1955, ch 431, § 1; SDC Supp 1960, §§ 61.0102 (6), 61.0401 (10).
S.D. Codified Laws § 46A-4-39 — SD Code / Title 46A / Chapter 4 / Section 46A-4-39
Vacancy in office of board of directors--Filling--District treasurer appointed by board
Status: in_force

In case of a vacancy in the office of a member of the board of directors, the vacancy shall be filled by appointment by a majority of the remaining members of the board. Any director so appointed shall hold office until the next general election of the division and until the director's successor is elected and qualified. The district treasurer shall be appointed by the board of directors and shall serve at the pleasure of the board.

Source: SDC 1939, § 61.0808; SDCL § 46-12-38; SL 1984, ch 294, § 31; SL 1989, ch 82, § 36; SL 2011, ch 165, § 345.
S.D. Codified Laws § 46-4-6 — SD Code / Title 46 / Chapter 4 / Section 46-4-6
Time for construction and completion of dam
Status: in_force

Any person appropriating the waters of any dry - draw or watercourse within this state, within sixty days after the filing of the notice provided for in §§ 46-4-3 and 46-4-4 , shall begin the construction of the dam mentioned in § 46-4-1 for the storage or diversion of the waters, shall proceed diligently to complete the dam and shall divert the waters for beneficial use as rapidly as possible.

Source: SDC 1939, § 61.0133; SL 1955, ch 430, § 1; SL 1957, ch 490, § 3; SL 1959, ch 451; SDC Supp 1960, § 61.0138 (1); SL 1983, ch 318, § 7.
S.D. Codified Laws § 46-6-11 — SD Code / Title 46 / Chapter 6 / Section 46-6-11
Records of well construction required
Status: in_force

On each well drilled the driller shall keep accurate records and complete a record of well construction on a form supplied by the chief engineer. If for any reason well construction is begun but not completed, the well driller shall complete the record of well construction to the extent possible. Within one month of completion of a well driller's work on a well, the well driller shall file all well construction records with the chief engineer for placement on permanent file. Access to the records is available to the public at any time during normal business hours.

Source: SL 1955, ch 431, § 1; SDC Supp 1960, § 61.0406; SL 1971, ch 252, § 3; SL 1983, ch 314, § 100; SL 2011, ch 165, § 275.
S.D. Codified Laws § 46A-4-4 — SD Code / Title 46A / Chapter 4 / Section 46A-4-4
Petition for formation of irrigation district--Map of proposed district to accompany, contents
Status: in_force

When a petition is filed with the Board of Water and Natural Resources, it shall be accompanied by a map of the proposed district. The map shall show at an appropriate scale the location of the proposed canal or the works intended to irrigate the lands of the proposed district and the canals situated within the boundaries of the proposed district, except those canals that merely pass through the lands and do not irrigate any of those lands. If the water supply is from a natural stream, the flow of the stream shall be stated in cubic feet per second. If the water supply for the district is to be gathered by a storage reservoir, the map shall show the location of the proposed reservoir and shall give its capacity in acre - feet. Cross sections of proposed canals and all proposed dams and embankments shall be submitted in sufficient detail to show the contemplated method of construction. The capacity shall be stated in cubic feet per second of such proposed and such existing canals. The map and cross sections shall be certified as accurate by a competent irrigation engineer.

Source: SDC 1939, § 61.0802; SL 1947, ch 417, § 2; SL 1963, ch 455, § 2; SDCL, § 46-12-4; SL 1984, ch 294, § 5.
S.D. Codified Laws § 46A-2-26 — SD Code / Title 46A / Chapter 2 / Section 46A-2-26
Cooperation and performance of obligations entered into with United States for water resources projects
Status: in_force

The Board of Water and Natural Resources may cooperate with and may furnish assurances of cooperation and act as principal and guarantor or either to enter into a contract with the United States of America, with public entities of South Dakota, or with persons for the performance of obligations entered into with the United States for the construction, operation, or maintenance of water resources projects or for accomplishment of the purposes and intents of this chapter and chapters 46A-3A to 46A-3E , inclusive.

Source: SL 1959, ch 453, § 8; SDC Supp 1960, § 61.1408 (5); SDCL § 46-17-24; SL 1984 (SS), ch 1, § 65; SL 2011, ch 165, § 320.
S.D. Codified Laws § 46-6-9.3 — SD Code / Title 46 / Chapter 6 / Section 46-6-9.3
Well pump installer license--Fee--Issuance
Status: in_force

The Water Management Board shall issue a well pump installer license to any applicant who meets the requirements specified in this section. The fee for the license is two hundred dollars for a resident, and three hundred dollars for a nonresident. The same amounts shall be paid each calendar year for renewal of the license. A resident is any person whose primary residence is located in South Dakota and has not claimed residency in any other state within ninety days of filing an application to become licensed. The fee shall be paid to the Department of Agriculture and Natural Resources and deposited by the state treasurer in the environment and natural resources fee fund established in § 1-41-23 . The license shall be issued pursuant to the procedures contained in chapter 46-2A . No license may be issued unless the applicant is experienced and knowledgeable in well pump installation methods. The Water Management Board shall promulgate rules pursuant to chapter 1-26 establishing well pump installation qualifications.

Source: SL 2001, ch 241, § 6; SL 2009, ch 13, § 10; SL 2021, ch 1 (Ex. Ord. 21-3), §§ 14, 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 46A-10A-26 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-26
Rejection of plan by voters--Revision, filing, and publication
Status: in_force

If the voters reject a proposed drainage plan or part, adjunct, amendment, or addition thereto, the board may revise or may order the drainage commission, if established, to revise the plan or part, adjunct, amendment, or addition thereto and adopt the same as revised, and file and publish the same as required by § 46A-10A-24 . Such revision is subject to referendum procedures provided in § 46A-10A-25 .

Source: SL 1985, ch 362, § 26.
S.D. Codified Laws § 46A-2-38 — SD Code / Title 46A / Chapter 2 / Section 46A-2-38
Areas outside development districts
Status: in_force

For benefit of areas of the state not included within one or more water development districts, the Board of Water and Natural Resources, in performing its statewide water planning function pursuant to subdivision 46A-2-2(8), shall provide adequate opportunity for expression of the preferences of local people through public hearings. In establishing the statewide water plan and in allocation of funds available to the district, the board may grant no preference to an entity because of its location within a water development district.

Source: SL 1984 (SS), ch 1, § 63.
S.D. Codified Laws § 46A-10B-40 — SD Code / Title 46A / Chapter 10B / Section 46A-10B-40
Authority of circuit court to dissolve district
Status: in_force

If a petition for dissolution is filed with the circuit court as provided in this chapter, the court may dissolve the district.

Source: SL 1989, ch 388, § 47.
S.D. Codified Laws § 46A-3E-7 — SD Code / Title 46A / Chapter 3E / Section 46A-3E-7
Water resources project--District construction or assistance--Requirements
Status: in_force

A water development district may assist, sponsor, or construct a water resources project provided:

(1) Specific areas shall finance those phases of water resources development that provide general benefits to the people in the areas;

(2) Direct beneficiaries shall finance those phases of water resources development that provide water for their use or that protect or enhance the value of their property; and

(3) Administrative jurisdiction and responsibility for the various phases of water resources development are related to the variable degrees of benefits.

Source: SL 1984 (SS), ch 1, § 51; SL 1998, ch 269, § 4; SL 2003, ch 231, § 1; SL 2025, ch 186, § 58.
S.D. Codified Laws § 46A-13-28 — SD Code / Title 46A / Chapter 13 / Section 46A-13-28
Assessments for portion of cost of construction of drainage improvement required to be paid by drainage district--Property subject to assessment
Status: in_force

After the establishment of the drainage improvement and the determination of the damages and the fixing of the proportion of benefits by the drainage commission, such commission shall proceed to raise the money with which to pay the portion of the cost of the construction of such improvement required to be paid by such drainage district. Such money shall be raised by an assessment to be made by such commission against each tract and property affected by the improvement within the district in proportion to the benefits fixed.

Source: SDC 1939, § 61.1111; SDCL, § 46-23-28.
S.D. Codified Laws § 46A-8-8 — SD Code / Title 46A / Chapter 8 / Section 46A-8-8
Authority of association to transfer assets to municipality
Status: in_force

Any water user's association organized pursuant to this chapter may, by a majority vote of its shareholders, sell, lease, or otherwise dispose of part or all of its assets to a municipality.

Source: SL 1982, ch 312, § 1; SDCL Supp, § 46-11-8.
S.D. Codified Laws § 46A-10A-98 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-98
Drainage district management by Board of Trustees
Status: in_force

Any established drainage district as defined by § 46A-10A-43 may be placed under the control and management of a board of three trustees to be elected by the persons owning land in the district.

Source: SL 1997, ch 256, § 1.
S.D. Codified Laws § 46A-14-43 — SD Code / Title 46A / Chapter 14 / Section 46A-14-43
Duties of board of managers--Adoption of seal--Record of business transacted--Bylaws and regulations, adoption--Meetings, notice
Status: in_force

The board of managers shall:

(1) Adopt a seal;

(2) Keep a record of all proceedings, minutes, certificates, contracts, bonds, or employees and other business transacted by the managers;

(3) Adopt bylaws and regulations consistent with the chapter;

(4) Meet annually and such other times as may be necessary. A meeting may be called at any time by the chairman or at the request of any manager through the chairman. When so requested the secretary of the district shall mail a notice of such meeting to each member at least ten days prior thereto.

Source: SL 1957, ch 492, § 15; SL 1959, ch 452, § 12; SDC Supp 1960, § 61.1515; SDCL, § 46-24-43; SL 1993, ch 256, § 86.
S.D. Codified Laws § 46A-18-4 — SD Code / Title 46A / Chapter 18 / Section 46A-18-4
Petition--Contents
Status: in_force

The petition established pursuant to § 46A-18-2 shall contain:

(1) The name of the proposed district;

(2) The object and purpose of the water project and works proposed to be constructed or acquired, together with a general description of the nature, location, and method of operation of the proposed works or program of activities;

(3) A legal description of the lands constituting the proposed district and the name of any municipality included partly or wholly within the boundaries of the proposed district;

(4) The location of the principal place of business of the proposed district; and

(5) The number of members of the board of directors of the proposed district, which number may not be fewer than three nor more than seven, and a statement as to whether the directors are to be elected at large or are to be elected by director divisions. Each director shall be a qualified voter of the district and, if director divisions are provided for, shall be a qualified voter of the respective division the director is to represent.

Source: SL 1984, ch 293, § 3; SL 1992, ch 60, § 2; SL 1998, ch 36, § 72; SL 2000, ch 32, § 8.
S.D. Codified Laws § 46A-11-8 — SD Code / Title 46A / Chapter 11 / Section 46A-11-8
Assessment certificates--Issuance--Form and contents--Rights of holder--Enforcement
Status: in_force

A board may issue separate assessment certificates against each tract assessed for the amount of its assessment and may sell them at not less than par value with accrued interest or may contract to pay for construction of the project with assessment certificates or with warrants. Any assessment certificate shall refer to the record, in the office of the county auditor, of the order of assessment and the copy in the county treasurer's office, shall transfer to the holder all interest, claim, or right in the assessment, and shall bear the same rate of interest, carry a property lien and be enforceable as provided by law.

Source: SDC 1939, § 61.1008; SDCL, § 46-21-8; SL 1985, ch 362, § 105.
S.D. Codified Laws § 46-6-30 — SD Code / Title 46 / Chapter 6 / Section 46-6-30
Order of chief engineer for proper construction or repair of well--Plugging or controlling well--Costs
Status: in_force

The chief engineer, during or immediately following construction of a well, may order the owner or driller of the well to properly construct or repair the well if the chief engineer determines that there is a serious and imminent threat to health or property. The chief engineer, upon failure of an owner or driller to comply with an order issued pursuant to this section, may enter upon the property where the well is located and plug or otherwise control the well. The cost of plugging or controlling the well shall be borne by the owner of the property and shall be recorded with the county register of deeds as a lien against the property until paid. This section does not limit any other remedy against an owner or driller of a well.

Source: SL 1983, ch 314, § 110; SL 2011, ch 165, § 277.
S.D. Codified Laws § 46-7-5.10 — SD Code / Title 46 / Chapter 7 / Section 46-7-5.10
Recording requirements as to owner's affidavit
Status: in_force

An affidavit accepted for filing by the board, together with any conditions set by the board, shall be recorded by the owner in the office of the register of deeds in any county where the dam or flood plain are located.

Source: SL 1990, ch 357, § 7.
S.D. Codified Laws § 46A-10A-123 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-123
Special election--Notice
Status: in_force

Any decision of the board of trustees of a drainage district may be referred to a vote of the eligible voters of the district by the filing of a petition signed by at least five percent of the eligible voters of the district. The petition shall be filed with the district within ninety days following the district's action. Upon receipt of a valid petition, the district shall call a special election, which shall be held within sixty days. The district shall publish notice of the election in the official newspaper of the counties in which the district is located at least twenty days before the election is held. The election shall be conducted by the district in the same manner as the district's annual election is conducted.

Source: SL 1997, ch 256, § 27.