S.D. Codified Laws § 46-5-9 — SD Code / Title 46 / Chapter 5 / Section 46-5-9
Construction of works prior to obtaining permit to appropriate water prohibited
Status: in_force

No person may begin or carry on any construction of works for storing or carrying water until a permit to appropriate the water has been issued.

Source: SDC 1939, §§ 61.9907, 61.9910; SL 1965, ch 304, § 2; SL 1981, ch 316, § 1; SL 1983, ch 314, § 46.
S.D. Codified Laws § 46A-10A-56 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-56
Public lands subject to drainage laws--Service of notices--Appearance by board or officer in charge
Status: in_force

All state public or school lands are subject to drainage laws. In any drainage proceeding affecting such lands, notices required by law to be given by publication and posting shall be served upon the commissioner of school and public lands at least thirty days before the time of the hearing. Such service may be made upon the commissioner in person, by service at the commissioner's office with the person in charge, or by registered or certified mail. If the land affected by the drainage proposal is not under the commissioner's control, the commissioner shall transmit a copy of the notice to the board or officer in charge of the land. The board or officer in charge of the land may appear at any such hearing or proceeding on behalf of the state.

Source: SL 1985, ch 362, § 56; SL 2011, ch 165, § 496.
S.D. Codified Laws § 46A-18-42 — SD Code / Title 46A / Chapter 18 / Section 46A-18-42
Examination, hearing, and resolution on project--Financing
Status: in_force

After approval by the board, the directors shall examine the plans, hold hearings on the proposals, and by resolution state that the proposed work, or any part thereof, should be accomplished. The resolution shall state whether the cost shall be paid by a general tax levy against all taxable real property located within the district, by a special assessment against real property within the district that will specially benefit by the project or by both a general tax levy and a special assessment with the portion to be paid by each.

Source: SL 1984, ch 293, § 41; SL 1990, ch 366, § 12.
S.D. Codified Laws § 46A-10A-20 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-20
Legal controls for drainage management--Right to continue existing drainage
Status: in_force

Official controls instituted by a board may include specific ordinances, resolutions, orders, regulations, or other such legal controls pertaining to other elements incorporated in a drainage plan, project, or area or establishing standards and procedures to be employed toward drainage management. Any such ordinances, resolutions, regulations, or controls shall embody the basic principle that any rural land which drains onto other rural land has a right to continue such drainage if:

(1) The land receiving the drainage remains rural in character;

(2) The land being drained is used in a reasonable manner;

(3) The drainage creates no unreasonable hardship or injury to the owner of the land receiving the drainage;

(4) The drainage is natural and occurs by means of a natural water course or established water course;

(5) The owner of the land being drained does not substantially alter on a permanent basis the course of flow, the amount of flow, or the time of flow from that which would occur; and

(6) No other feasible alternative drainage system is available that will produce less harm without substantially greater cost to the owner of the land being drained.

Such provisions do not necessarily apply within municipalities, but if a municipality drains water onto rural lands lying outside the boundaries of the municipality, the municipality is subject to the above provisions, if adopted by the board.

Source: SL 1985, ch 362, § 20.
S.D. Codified Laws § 46A-10A-3 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-3
Term and removal of members
Status: in_force

The term of office for members of a county drainage commission shall be established by the board of county commissioners. Any appointed member of a county drainage commission may be removed for cause, after a hearing prior to the expiration of his term, by a majority vote of the elected members of the board of county commissioners.

Source: SL 1985, ch 362, § 4; SL 1988, ch 365.
S.D. Codified Laws § 46A-10A-51 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-51
Publication of election notice
Status: in_force

The board or commission shall give ten days' notice of an election held under § 46A-10A-50 by publication in an official newspaper in the proposed coordinated drainage area.

Source: SL 1985, ch 362, § 51.
S.D. Codified Laws § 46A-18-38 — SD Code / Title 46A / Chapter 18 / Section 46A-18-38
Powers of directors
Status: in_force

The district board of directors may:

(1) Make surveys or utilize other surveys and data to plan and develop water projects;

(2) Cooperate or contract with any person, state, or subdivision thereof, federal agency or private or public corporation as necessary;

(3) Construct, clean, repair, alter, abandon, consolidate, reclaim, or change any watercourse, natural or artificial, within the district in cooperation with other state or federal public bodies having jurisdiction;

(4) Acquire, lease, operate, construct, and maintain dams, dikes, reservoirs, or other works as necessary;

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

(6) Sell, lease, or otherwise dispose of unneeded district property;

(7) Contract for purchase of insurance;

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

(9) Enter into contracts for construction authorized by this chapter; and

(10) Acquire property and construct works outside the boundaries of the district.

Source: SL 1984, ch 293, § 37.
S.D. Codified Laws § 46A-4-35 — SD Code / Title 46A / Chapter 4 / Section 46A-4-35
Precinct election boards--Oaths of members, administration, and certification
Status: in_force

Before opening the polls each member of the election board must take and subscribe an oath faithfully to perform the duties imposed by law. Any elector of the precinct may administer and certify such oath.

Source: SDC 1939, § 61.0806; SDCL, § 46-12-33.
S.D. Codified Laws § 46-5-5 — SD Code / Title 46 / Chapter 5 / Section 46-5-5
Waters flowing in definite stream subject to appropriation--Beneficial use--Excessive appropriation not allowed
Status: in_force

Subject to vested rights and prior appropriations, all waters flowing in definite streams of the state may be appropriated only as provided in chapters 46-1 to 46-10 , inclusive. A water right does not constitute absolute ownership of the water, but shall remain subject to the principle of beneficial use. No appropriation in excess of the reasonable needs of the appropriators may be allowed.

Source: SDC 1939, § 61.0102; SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0109; SL 1983, ch 314, § 42.
S.D. Codified Laws § 46A-10B-4.1 — SD Code / Title 46A / Chapter 10B / Section 46A-10B-4.1
Amendment to agreement--Adding to or deleting from district
Status: in_force

Lands may be added to or deleted from an existing drainage basin utility district through an amendment to the existing joint powers agreement establishing the district. The amendment shall address all portions of the existing agreement that will be affected by the addition or deletion of land from the district. The amendment may take effect only if:

(1) Each party to the existing joint powers agreement and the municipal or county government of the area to be added or deleted has adopted a resolution approving the amendment in accordance with the provisions of § 46A-10B-7 ;

(2) A public hearing to consider the amendment has been held in accordance with the provisions of § 46A-10B-5 within the county or municipality from which land will be added or deleted; and

(3) Notice of the hearing has been published in accordance with the provisions of § 46A-10B-6 .

Source: SL 1991, ch 375, § 5.
S.D. Codified Laws § 46A-6-10 — SD Code / Title 46A / Chapter 6 / Section 46A-6-10
Prior supplemental contracts with United States validated
Status: in_force

Any contract between the United States and any irrigation district made before February 9, 1939, as a contract supplementing or amending any original contract between the United States and any irrigation district, and which original contract was entered into pursuant to the laws of the State of South Dakota governing the making of a contract between the United States and an irrigation district, and which supplementary or amendatory contract was not authorized at an election of the district electors and thereafter judicially confirmed by a court of competent jurisdiction, is hereby ratified, approved, and confirmed as a valid and subsisting contract of such irrigation district.

Source: SL 1939, ch 293, § 3; SDC Supp 1960, § 61.08 47-1 ; SDCL, § 46-14-10.
S.D. Codified Laws § 46A-7-6 — SD Code / Title 46A / Chapter 7 / Section 46A-7-6
List of apportionment or distribution--Contents--Map of each subdivision with rate of apportionment--Copy filed with department
Status: in_force

The director of equalization shall make a list of the apportionment or distribution. The list shall contain a complete description of each subdivision or tract of land of the district, with the amount and rate per acre of the apportionment or distribution of cost and the name of the owners of the subdivision or tract. Alternatively, the director of equalization may prepare a map on a convenient scale showing each of such subdivisions or tracts with the rate per acre of the apportionment entered on the map. If all lands on any map or section of a map are assessed at the same rate, a general statement to that effect is sufficient. The list or map shall be made in duplicate, one of which shall be filed in the office of the Department of Agriculture and Natural Resources and the other shall remain in the office of the board of directors for public inspection.

Source: SDC 1939, § 61.0904; SL 1949, ch 435, § 1; SDCL § 46-15-6; SL 2011, ch 165, § 418; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 46A-9-9 — SD Code / Title 46A / Chapter 9 / Section 46A-9-9
Petition for organization of district--Number of signatures required--Name, post office address, and location of land of petitioner
Status: in_force

The petition shall be signed by twenty-five percent of the landowners or entrymen within the area constituting the proposed water user district, or by their duly authorized representatives. However, if the proposed district includes any portion of the area within a municipality, the petition shall be signed by twenty-five percent of the landowners or entrymen in the portion of the proposed district area within each such municipality, or by their duly authorized representatives, and shall also be signed by twenty-five percent of the landowners or entrymen in the area lying outside the limits of the municipalities or by their duly authorized representatives. On each petition, set opposite the signature of each petitioner, shall be stated the petitioner's name and post office address and the location of land of which the petitioner is the owner or entryman.

Source: SL 1939, ch 291, § 4; SL 1943, ch 310; SDC Supp 1960, § 61.1304 (1); SDCL § 46-16-9; SL 1992, ch 60, § 2; SL 2011, ch 165, § 468.
S.D. Codified Laws § 46A-1-46 — SD Code / Title 46A / Chapter 1 / Section 46A-1-46
Negotiability of bonds
Status: in_force

The coupon bonds shall be fully negotiable within the meaning of the Uniform Commercial Code, Title 57A of South Dakota Codified Laws.

Source: SL 1972, ch 241, § 45; SDCL Supp, § 46-17A-44.
S.D. Codified Laws § 46A-4-67 — SD Code / Title 46A / Chapter 4 / Section 46A-4-67
Hearing on petition to exclude land--Assent of interested persons
Status: in_force

The board of directors, at the time and place mentioned in the notice or at the time to which the hearing of the petition may be adjourned, shall hear the petition and all objections to the petition, presented in writing by any person, showing cause why the petition should not be granted. The failure of any person interested in the district to show cause, in writing, why the tract or tracts of land mentioned in the petition should not be excluded from the district is deemed an assent by the person to the exclusion of the tract of land, or any part of the tract. The filing of the petition with the board is deemed an assent by each petitioner to the exclusion of the lands mentioned in the petition, or any part of the lands.

Source: SDC 1939, § 61.0832; SDCL § 46-12-66; SL 2011, ch 165, § 362.
S.D. Codified Laws § 46A-16-10 — SD Code / Title 46A / Chapter 16 / Section 46A-16-10
Injunction restraining violation of order or notice of commission
Status: in_force

The South Dakota - Minnesota Boundary Waters Commission may, upon verified petition, apply to the district court or circuit court in either state as the case may be, in any county affected by the subject matter, for an injunction restraining the violation of any order or notice made by it pursuant to the provisions of this chapter.

Source: SL 1939, ch 294, § 6; SDC Supp 1960, § 55.5306; SDCL, § 46-29-9; SL 1993, ch 256, § 88.
S.D. Codified Laws § 46A-14-45 — SD Code / Title 46A / Chapter 14 / Section 46A-14-45
Vested water rights--Exclusion from operation of chapter
Status: in_force

Vested water rights, as defined by §§ 46-1-9 and 46-1-10 , are excluded from the operation of this chapter. No watershed district and no members of the watershed district have any jurisdictional authority or control over waters subject to such vested rights.

Source: SL 1957, ch 492, § 1; SDC Supp 1960, § 61.1501 (5); SDCL § 46-24-45; SL 2011, ch 165, § 525.
S.D. Codified Laws § 46A-13-25 — SD Code / Title 46A / Chapter 13 / Section 46A-13-25
Costs borne by state--Assessments--Warrants
Status: in_force

The cost of services and expenses of the drainage commission, all fees, costs and expenses relating to the procedure for assessing damages, costs of the equalization of benefits and costs of making assessments and issuance of warrants or bonds shall be added to the proportionate cost of construction of improvements borne by the state. It is intended that each state shall bear the expenses of its own representative or tribunal in making joint drainage improvement. All other costs and expenses of the procedure in making an improvement shall be borne jointly by the states according to the proportion of benefits theretofore determined. The commission may make one or more assessments for the purpose of raising money, or it may, in advance of making assessments, issue warrants payable only from assessments to be thereafter made. The warrants shall bear interest at a rate to be negotiated by the parties and may not be sold at less than their face value.

Source: SDC 1939, § 61.1111; SDCL, § 46-23-25; SL 1983, ch 28, § 61.
S.D. Codified Laws § 46A-18-35 — SD Code / Title 46A / Chapter 18 / Section 46A-18-35
Indemnification of officers, employees, and agents
Status: in_force

A water project district may indemnify any person made a party or threatened to be made a party to any action, whether civil, criminal, administrative, or investigative in his capacity as director, officer, employee, or agent of the district or by serving at the request of the district in another enterprise. The indemnity may include reasonable expenses paid in settlement and incurred by him in connection with the action if he has acted in good faith, believed his actions to be in the best interests of the water project district or had no reasonable cause to believe his conduct unlawful. However, this section does not apply to any action by the water project district.

Source: SL 1984, ch 293, § 34.
S.D. Codified Laws § 46-6-2 — SD Code / Title 46 / Chapter 6 / Section 46-6-2
Filing of vested right claim by claimant of vested right to groundwater--Hearing--Mandatory filing--Waiver of right
Status: in_force

Any person claiming to be the owner of a vested right to appropriate water from any underground source for beneficial use other than for domestic use as defined by subdivision § 46-1-6(7) may file a vested right claim with the chief engineer 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 well 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 1955, ch 431, § 1; SDC Supp 1960, § 61.0403; SL 1983, ch 314, § 91; SL 1986, ch 363, § 6.
S.D. Codified Laws § 46A-11A-9 — SD Code / Title 46A / Chapter 11A / Section 46A-11A-9
Intervention in mediation process
Status: in_force

Any person or party that claims to be impacted by the planned drainage activities, upon timely notice, is allowed to intervene in the mediation process if the person's or party's claim of impact is supported by a claim that the person or party owns or administers real property impacted by the planned drainage. The request for intervention shall be supported by evidence that the intervention is necessary to protect the person's or party's property interests and that those interests will not be adequately represented by the existing parties. In considering the application for intervention, the mediator shall determine whether an applicant may intervene and whether the interest of the applicant presents a property, health, or safety issue impacted by the mediation and whether the interests of the potential interveners will not be protected by the existing parties.

Source: SL 2015, ch 226, § 9.
S.D. Codified Laws § 46A-1-96 — SD Code / Title 46A / Chapter 1 / Section 46A-1-96
Special purpose water district loan program established--Funding
Status: in_force

The special purpose water district loan program is hereby established to provide funds to any newly formed water development district, water project district, watershed district, irrigation district, or sanitary district for administrative and operating expenses during its first year of operation. Funds for the program, not to exceed fifty thousand dollars annually, are hereby continuously appropriated to the Board of Water and Natural Resources out of the money in the South Dakota water and environment fund established pursuant to § 46A-1-60 . All money disbursed under this program shall be in the form of loans not to exceed a term of three years. The Board of Water and Natural Resources shall execute a loan agreement with participating districts under such terms, conditions, and repayment schedules as the board may determine. Funds shall be disbursed on warrants drawn by the state auditor on vouchers approved by the secretary of the Department of Agriculture and Natural Resources.

Source: SL 1996, ch 265, § 21; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 46A-6-32 — SD Code / Title 46A / Chapter 6 / Section 46A-6-32
Confirmation of issue and sale of bonds by board of directors--Judicial examination in special proceeding--Approval or disapproval by circuit court
Status: in_force

The board of directors of any irrigation district organized under the provisions of chapter 46A-4 shall, before selling any bonds of such irrigation district, and in its discretion before making any contract, levying any assessment, or taking any special action, commence a special proceeding, in and by which the proceedings of such board and of such district providing for and authorizing the issue and sale of the bonds of such district, the making of any contract, levying of any assessment, or taking any special action, shall be judicially examined, approved, and confirmed, or disapproved and disaffirmed.

Source: SDC 1939, § 61.0841; SDCL, § 46-14-31.
S.D. Codified Laws § 46A-1-39 — SD Code / Title 46A / Chapter 1 / Section 46A-1-39
Trust agreements
Status: in_force

The district may vest in a trustee the right to receive any part of the proceeds of the bonds and any part of the income and revenue pledged and assigned to, or for the benefit of, the holder of bonds issued under this chapter; the right to hold, apply, and dispose of the bonds; and the right to enforce any covenant made to secure or pay or in relation to the bonds. The district may execute and deliver a trust agreement setting forth the powers and duties of and the remedies available to the trustee, limiting the liabilities of the trustee, describing what occurrences constitute events of default, and prescribing the terms and conditions upon which the trustee or the holder of any specified amount or percentage of the bonds may exercise such right and enforce any such covenants and resort to remedies as may be appropriate.

Source: SL 1972, ch 241, § 38; SL 1980, ch 310, § 10; SDCL Supp, § 46-17A-37; SL 2011, ch 165, § 299.
S.D. Codified Laws § 46A-11-31 — SD Code / Title 46A / Chapter 11 / Section 46A-11-31
Petition for extension of unpaid installments for drainage--Consideration by board of county commissioners--Adjournment of hearing--Order of board
Status: in_force

At the time and place specified in a notice under § 46A-11-30 , the board shall consider the petition. If the board determines that the petition is proper and required notice has been given, it has jurisdiction to hear and decide the matter. The board may adjourn the hearing from time to time. If the board determines that the facts stated in the petition are accurate, that an extension of time of payment of unpaid installments is necessary in order to prevent default in payment of a majority of assessments, and that the owners of property assessed for the project will benefit by an extension of unpaid installments, it may order that all or any portion of unpaid installments shall be extended for a period as it determines, not exceeding fifteen years from the date of the order. Interest on extended assessments is payable annually at the time provided in the original assessment.

Source: SDC 1939, § 61.1019; SDCL, § 46-21-31; SL 1985, ch 362, § 128.
S.D. Codified Laws § 46A-1-50 — SD Code / Title 46A / Chapter 1 / Section 46A-1-50
Financing agreements--Provisions to provide for and secure repayment of bonds and loan
Status: in_force

Any financing agreement under § 46A-1-49 shall provide for repayment of the loan through payments sufficient to pay the principal of, premium if any, and interest on the bonds issued in connection with the agreement and, in order to provide for and secure the repayment of the bonds and the amounts owing under the financing agreement, may contain provisions requiring, among other things, any one or more parties to:

(1) Incur a general obligation and to exercise its power to tax or levy special assessments;

(2) Incur a limited obligation payable only from designated sources;

(3) Pledge, assign, or mortgage any income and revenue (subject to the prior payment of the operation and maintenance expenses of the project) derived from the project; any fund, property or obligation related to such project; the loan proceeds themselves; any grant or loan received or to be received by a party; and the project, including real estate;

(4) Create and maintain a reserve fund or funds through the levy of taxes or other suitable means within a party's power, for prevention of default;

(5) Properly manage the project for the protection of the bondholders as provided in subdivisions 46A-1-38(2), (3), (4), and (8);

(6) Refrain from creating or causing to be created any debt, lien, mortgage, pledge, assignment, encumbrance, or other charge upon any income, revenues or property;

(7) Refrain from conveying or otherwise alienating project facilities or the real estate upon which the project is located or any property that is pledged or assigned;

(8) Deposit with a trustee or trustees all or any part of the proceeds from the sale of the bonds or all or any part of the income and revenue pledged or assigned for the benefit of the bondholder; and

(9) Perform any and all acts and do any and all things within the party's legal capacity as may be necessary, convenient, or desirable in order to provide for and secure the repayment of the bonds and the amounts owing under the financing agreement, notwithstanding that such terms are not enumerated herein.

Source: SL 1980, ch 310, § 3; SL 1981 (2d SS), ch 1, § 21; SDCL Supp, § 46-17A-46.2.
S.D. Codified Laws § 46-8-6 — SD Code / Title 46 / Chapter 8 / Section 46-8-6
Multiple water conduits prohibited where single conduit sufficient
Status: in_force

The right of eminent domain may not be exercised to allow two or more pipelines, canals, ditches, or other water conduits to be constructed on lands owned by any person when a single pipeline, canal, ditch, or other water conduit can feasibly convey the water.

Source: SDC 1939, § 61.0417; SL 1955, ch 431, § 1; SL 1983, ch 314, § 138.
S.D. Codified Laws § 46A-6-2 — SD Code / Title 46A / Chapter 6 / Section 46A-6-2
Contracts for supply of water to irrigate lands--Source of supply
Status: in_force

The board of directors of any irrigation district may enter into contracts for a supply of water for the irrigation of the lands within the irrigation district with any person or with the United States. The source of supply of the water may be either within or without the boundaries of this state, and the water supply may be either the entire supply of water for the district or to supplement an appropriation already made by the district.

Source: SDC 1939, § 61.0929; SDCL § 46-14-2; SL 2011, ch 165, § 393.
S.D. Codified Laws § 46A-11-2 — SD Code / Title 46A / Chapter 11 / Section 46A-11-2
Apportionment of benefits of proposed drainage project by board of county commissioners--Equalization of benefits, notice, publication, and posting
Status: in_force

After establishment of a project and fixing of damages, if any, the board shall determine the proportion of benefits of the proposed project among the lands affected and shall set a time and place for equalizing the benefits. The benefit determined for any tract of land shall be in the form of a ratio or percentage in comparison to the average tract of land found most likely to receive average benefit pursuant to § 46A-10A-61 . Notice of equalization of benefits shall be by publication at least once a week for two consecutive weeks in a legal newspaper of the county, as designated by the board. The notice shall describe each tract of land affected by the proposed project and shall state the names of its owners as appear in the tax records in the county treasurer's office. The notice shall list the proportion of benefits fixed for each tract of property, taking each particular tract as a unit, and shall notify all such owners of the opportunity to show cause why the proportion of benefits should not be fixed as stated.

Source: SDC 1939, § 61.1007; SDCL, § 46-21-2; SL 1985, ch 362, § 99.
S.D. Codified Laws § 46A-10A-34.1 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-34.1
Board of adjudication by mutual agreement--Jurisdiction
Status: in_force

Any other provision of law notwithstanding, any board or commission, by mutual agreement, may serve as a board of adjudication, pursuant to § 46A-10A-34 , for any other county. The jurisdiction of such board or commission is limited to the adjudication function specifically outlined in the agreement with the county board of the county holding jurisdiction over the drainage dispute.

Source: SL 1986, ch 379, § 11.
S.D. Codified Laws § 46-2-18 — SD Code / Title 46 / Chapter 2 / Section 46-2-18
Chief engineer's authority to order discontinuance of water use
Status: in_force

The provisions of chapter 1-26 notwithstanding, the chief engineer may, after appropriate investigation, issue an order to any person to shut off or limit the person's use of surface or groundwater, or to plug or otherwise control a well. The order may be issued only to protect another user who has higher or earlier priority or to cause a user of water to discontinue the use of water to which the user has no legal right. Upon a refusal to obey the order, the chief engineer may request a court of proper jurisdiction to issue a temporary restraining order or injunction to effectuate the provisions of the order.

Source: SL 1983, ch 314, § 33; SL 2011, ch 165, § 256.
S.D. Codified Laws § 46A-18-51 — SD Code / Title 46A / Chapter 18 / Section 46A-18-51
Delivery of tax collections to district
Status: in_force

After collection, county officials shall monthly deliver taxes collected on behalf of the district to the district secretary - treasurer.

Source: SL 1984, ch 293, § 50; SL 1987, ch 332, § 4.
S.D. Codified Laws § 46-5-14 — SD Code / Title 46 / Chapter 5 / Section 46-5-14
Water which may be reclaimed
Status: in_force

Water turned into any natural or artificial watercourse for means of transport by any person entitled to the use of the water may be reclaimed below and diverted by that person, subject to existing rights, accurate allowance for losses to be made, as approved by the Water Management Board.

Source: SDC 1939, § 61.0118; SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0153; SL 1983, ch 314, § 51.
S.D. Codified Laws § 46A-5-10 — SD Code / Title 46A / Chapter 5 / Section 46A-5-10
Construction of works across streams, watercourses, highways, and railways
Status: in_force

The board of directors may construct works across any stream of water, watercourse, street, avenue, highway, railway, canal, ditch, or flume that the route of the canal may intersect or cross, in such manner as to afford security to life and property. However, the board shall restore the stream of water, watercourse, street, avenue, highway, railway, canal, ditch, or flume to its former state as near as may be, or in a manner that will not unnecessarily impair its usefulness. Any company whose railroad is intersected or crossed by such works may unite with the board in forming the intersections and crossings, and grant the privileges specified in this section. If the railroad company and the board, or the owners and controllers of the property, thing, or franchise to be crossed, cannot agree upon the amount to be paid for the crossing, or the points or the manner of the crossing, the issues shall be ascertained and determined in all respects as provided in condemnation proceedings.

Source: SDC 1939, § 61.0922; SDCL § 46-13-10; SL 2011, ch 165, § 379.
S.D. Codified Laws § 46A-7-19 — SD Code / Title 46A / Chapter 7 / Section 46A-7-19
Assessments levied for general fund--Due date--Warrants received in payment
Status: in_force

The assessments levied for the general fund mentioned in § 46A-7-11 are due to the county treasurer on the thirty - first day of December next following the levy of the assessments and on the first day of May of the year after which the assessments have been levied for the general fund. All unpaid assessments for the fund become delinquent and draw interest and penalty as follows: on the first day of May and on the first day of each succeeding month, until paid, the Category D rate of interest as established in § 54-3-16 of the amount remaining unpaid shall be added thereto and collected by the treasurer. The county treasurer shall receive in payment of the general fund tax, for the year in which the tax is levied, warrants drawn against the general fund for such year, if the warrants do not exceed the amount of the general fund tax which the person tendering it owes.

Source: SDC 1939, § 61.0907; SL 1949, ch 435, § 3; SDCL, § 46-15-19; SL 1983, ch 28, § 57; SL 1984, ch 319, § 28.
S.D. Codified Laws § 46A-4-14.1 — SD Code / Title 46A / Chapter 4 / Section 46A-4-14.1
Division representing tribal or trust lands--Excepted from chapter
Status: in_force

In any existing or proposed irrigation district containing Indian tribal or trust lands, the Board of Water and Natural Resources shall establish one division to represent all such tribal and trust lands upon application of any holder of Indian trust land, including an Indian tribe. The appropriate tribe shall appoint the director for that division and shall fill any vacancy in that office. If a holder of trust lands who has applied for inclusion within the district does not wish to be represented by the tribal representative, the Board of Water and Natural Resources shall include the land in one of the other divisions of the district. The other provisions of this chapter pertaining to the nomination of director candidates, the election of directors, and the filling of vacant director positions do not apply to the division representing tribal and trust lands or to any director or candidate for director for the division representing tribal or trust lands.

Source: SL 1986, ch 376, § 2.
S.D. Codified Laws § 46A-9-73 — SD Code / Title 46A / Chapter 9 / Section 46A-9-73
Dissolution of district--Special election--Notice--Conditions for dissolution
Status: in_force

Any water user district organized under this chapter may be dissolved by authorization of a majority vote of the voters, qualified to vote for district directors, at a special election called by the board of directors for that purpose. Notice of the election shall be mailed to each qualified voter at least twenty days before the date of the election. The procedure for the election shall conform as nearly as may be to the procedure provided in §§ 46A-9-25 to 46A-9-28 , inclusive, for the election of directors. However, the district may not at the time of dissolution own property or rights or have outstanding any contract or contracts or obligations of any kind.

Source: SL 1939, ch 291, § 19; SDC Supp 1960, § 61.1318; SDCL § 46-16-71; SL 2011, ch 165, § 488.
S.D. Codified Laws § 46A-13-33 — SD Code / Title 46A / Chapter 13 / Section 46A-13-33
Maintenance and repair of drainage improvement constructed by joint arrangement--Assessments
Status: in_force

The maintenance and repair of any drainage improvement constructed by joint arrangement with the authorities of any other state, under the provisions of this chapter, may be provided for by joint arrangement with the other state in the same manner as the drainage improvement was originally established and constructed. Any provision of this chapter relating to the construction of a drainage improvement by joint action applies to the maintenance and repair of the drainage improvement if action is taken for maintenance and repair under the provisions of this chapter. The drainage commission may make assessments upon the property benefited, according to the benefit received, for the proportionate share of the maintenance and repair of any drainage improvement the maintenance and repair is arranged for under the provisions of this chapter.

Source: SDC 1939, § 61.1114; SDCL § 46-23-33; SL 2011, ch 165, § 516.
S.D. Codified Laws § 46-1-2 — SD Code / Title 46 / Chapter 1 / Section 46-1-2
Development of water resources for public benefit
Status: in_force

It is hereby declared that the protection of the public interest in the development of the water resources of the state is of vital concern to the people of the state and that the state shall determine in what way the water of the state, both surface and underground, should be developed for the greatest public benefit.

Source: SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0101 (4); SL 1972, ch 237, § 1; SL 1978, ch 323, § 1.
S.D. Codified Laws § 46A-4-54 — SD Code / Title 46A / Chapter 4 / Section 46A-4-54
Participation by conservators and personal representatives of estates
Status: in_force

A conservator or personal representative of an estate, who is appointed as such under the laws of this state and who, as conservator or personal representative, is entitled to the possession of the lands belonging to the estate which the conservator or personal representative represents, may on behalf of his or her ward or the estate which he or she represents, upon being authorized by the proper court, sign and acknowledge the petition provided in this chapter, and may show cause, as provided in this chapter, why the boundaries of a district should not be changed.

Source: SDC 1939, § 61.0828; SDCL § 46-12-53; SL 1993, ch 213, § 243; SL 1995, ch 167, § 188; SL 2011, ch 165, § 351.
S.D. Codified Laws § 46A-6-15 — SD Code / Title 46A / Chapter 6 / Section 46A-6-15
Covenants and agreements to protect security and payment of bonds
Status: in_force

Any resolution authorizing the issuance of bonds of the irrigation district may contain covenants and agreements on the part of the district to protect and safeguard the security and payment of the bonds. The covenants and agreements shall be a part of the contract with the holders of the bonds, including agreements for setting aside reserves or debt service funds and the regulation, investment, and disposition of the reserves or debt service funds; agreements on the use of trustees to further protect the interest of bondholders; and any other agreements, of a like or different nature, that in any way affect the security or protection of bonds of the district.

Source: SL 1976, ch 277, § 26; SDCL Supp, § 46-14-14.1; SL 2011, ch 165, § 399.
S.D. Codified Laws § 46A-1-17 — SD Code / Title 46A / Chapter 1 / Section 46A-1-17
Borrowing on interim notes--Expenses paid and loans made from proceeds--Issuance of notes
Status: in_force

The district may borrow money and issue interim notes in evidence thereof to perform any of the duties authorized under this chapter, including the payment of expenses to be incurred for planning, architectural, engineering, legal, and financial services, the acquisition of a site or sites, construction of projects, and the purchase of fixtures and equipment the making of loans authorized by § 46A-1-18 , the funding of debt service reserves and capitalized interest and the payment of the costs of issuance. The district may from time to time, and pursuant to appropriate resolution, issue interim notes to evidence such borrowings including interest on such borrowings and all necessary and incidental expenses in connection with any of the purposes provided for by this chapter until the date of the permanent financing.

Source: SL 1972, ch 241, § 25; SL 1979, ch 301, § 4; SDCL Supp, § 46-17A-23 .
S.D. Codified Laws § 46-10-2.2 — SD Code / Title 46 / Chapter 10 / Section 46-10-2.2
Documents and orders as prima facie evidence--Certified copies admissible
Status: in_force

The court conducting a general adjudication shall regard any water permit, water license, certificate of construction, or other document or order issued by or under the authority of the Water Management Board or its predecessors, including the state engineer, and not subsequently cancelled by it or under its authority or its predecessors, including the state engineer, to be prima facie evidence of the right purported to be conferred. A certified copy of any such document or order shall be admissible in evidence.

Source: SL 1980, ch 305, § 4.
S.D. Codified Laws § 46-5-30.2 — SD Code / Title 46 / Chapter 5 / Section 46-5-30.2
Limitations on rights given by permit or license
Status: in_force

Neither a permit to appropriate water nor a license to appropriate water may become a right to use the water for any purpose or in any manner other than that specified on the permit or license, unless amended pursuant to the provisions of this title.

Source: SL 1983, ch 314, § 59.
S.D. Codified Laws § 46A-16-6 — SD Code / Title 46A / Chapter 16 / Section 46A-16-6
Hearings by commission--Time and place--Publication of notice--Final orders of commission, publication
Status: in_force

Said hearings shall be held at such time and place as may be designated by the South Dakota - Minnesota Boundary Waters Commission in either state, in any county affected by the subject matter. At least two weeks' publication notice of said hearings shall be given by publication of the notice in all legal newspapers in each county bordering on the boundary waters which may be affected by the subject matter of said hearings. All final orders of the commission shall be published once each week for two consecutive weeks in a legal newspaper in each county bordering on the boundary waters which may be affected thereby. The printer's affidavit of publication of all notices and orders shall be filed with the commission.

Source: SL 1939, ch 294, § 3; SDC Supp 1960, § 55.5303; SL 1961, ch 278, § 1; SDCL, § 46-29-5.
S.D. Codified Laws § 46-6-9.4 — SD Code / Title 46 / Chapter 6 / Section 46-6-9.4
Certain persons exempt from well pump installer license requirements
Status: in_force

Any plumbing contractor licensed under chapter 36-25 , any electrical contractor licensed under chapter 36-16 , and any mechanical contractor licensed under municipal ordinances may be exempt from the well pump installer licensure requirements of § 46-6-9.2 .

Source: SL 2001, ch 241, § 8.
S.D. Codified Laws § 46A-2-11 — SD Code / Title 46A / Chapter 2 / Section 46A-2-11
Board may sue and be sued
Status: in_force

The Board of Water and Natural Resources may sue and be sued in the name of the district.

Source: SL 1959, ch 453, § 8; SDC Supp 1960, § 61.1408 (1); SDCL § 46-17-15; SL 2011, ch 165, § 314.
S.D. Codified Laws § 46A-7-45 — SD Code / Title 46A / Chapter 7 / Section 46A-7-45
Warrants of districts--Limitation on amount issued--Additional levy
Status: in_force

No irrigation district may in any year issue warrants in excess of ninety percent of the levy for the year. However, in case of due and outstanding obligations against the district on account of operation, maintenance, and current expenses contracted before the year in which any levy is made, the district board may make an additional levy, not to exceed one dollar per acre upon all irrigable lands within the district, to create a special fund for the payment of past due obligations.

Source: SDC 1939, § 61.0910; SDCL § 46-15-45; SL 2011, ch 165, § 439.
S.D. Codified Laws § 46-6-3 — SD Code / Title 46 / Chapter 6 / Section 46-6-3
Appropriation of groundwater authorized
Status: in_force

Subject to vested rights and prior appropriations, groundwaters of the state may be appropriated pursuant to the procedures contained in chapter 46-2A .

Source: SL 1955, ch 431, § 1; SDC Supp 1960, § 61.0404; SL 1971, ch 252, § 1; SL 1972, ch 237, § 5; SL 1973, ch 279, § 2; SL 1977, ch 364, § 7; SL 1978, ch 319, § 2; SL 1983, ch 314, § 92.
S.D. Codified Laws § 46A-3D-12 — SD Code / Title 46A / Chapter 3D / Section 46A-3D-12
Capital reserve fund authorized--Allowed expenditures
Status: in_force

A water development district board of directors may establish a capital reserve fund. Dollars in the fund may not revert at the end of a fiscal year. The board may expend dollars from the fund, as necessary, for the purposes of chapters 46A-3A to 46A-3E , inclusive.

Source: SL 1984 (SS), ch 1, § 44; SL 2025, ch 186, § 50.
S.D. Codified Laws § 46-2A-15 — SD Code / Title 46 / Chapter 2A / Section 46-2A-15
Date of receipt of application recorded--Correction of application
Status: in_force

The date of receipt by the chief engineer of an application for any permit, license, or amendment under Title 46 shall be endorsed thereon. If the chief engineer determines that the application is defective in form or incomplete, it shall be returned to the applicant with a statement of the corrections, amendments, or changes required within thirty days after its receipt. Sixty days from the date the application is returned shall be allowed for refiling. If refiled, with corrections made as required within sixty days, the application shall take priority as of the date of its original filing. Any corrected application filed after the sixty - day time allowed shall be treated in all respects as an original application received on the date of its refiling.

Source: SDC 1939, § 61.0123; SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0111; SDCL, § 46-5-16 ; SL 1983, ch 316, § 2; SL 1985, ch 345, § 7.
S.D. Codified Laws § 46A-10B-39 — SD Code / Title 46A / Chapter 10B / Section 46A-10B-39
Publication of petition prior to filing--Content
Status: in_force

At least once each week for two successive weeks before filing the petition for dissolution with the circuit court, the person filing the petition shall publish the petition and a notice of the filing in an official newspaper in each county in which land of the drainage basin utility district is located. The publication shall include the address to which written comments may be sent and a statement that the petition will be heard and acted upon by the circuit court, that the district was established without election, that the district is operated and administered by the governing body as designated in the petition and that the district is authorized to assess utility fees against property in the district.

Source: SL 1989, ch 388, § 46.
S.D. Codified Laws § 46A-4-75 — SD Code / Title 46A / Chapter 4 / Section 46A-4-75
Exclusion of land from irrigation district--Redivision of district by board of directors--Election precincts, establishment, change from time to time
Status: in_force

At least thirty days before the next general election of such district, the board of directors thereof shall make an order dividing such district into three, five, or seven divisions as nearly equal in size as practicable, which shall be numbered, and one director shall be elected by each division. For the purpose of election in such district, the board of directors must establish a convenient number of election precincts, and define the boundaries thereof, which precincts may be changed from time to time, as the board of directors may deem necessary.

Source: SDC 1939, § 61.0839; SDCL, § 46-12-74.
S.D. Codified Laws § 46A-6-48 — SD Code / Title 46A / Chapter 6 / Section 46A-6-48
Insufficient funds for payment of warrants--Endorsement of district treasurer--Interest
Status: in_force

If the district treasurer does not have sufficient money on hand to pay any warrant when it is presented for payment, the district treasurer shall endorse on the warrant "Not paid for want of funds," the date, and the treasurer's signature. From the time of presentation until paid, the warrant shall draw interest at a rate to be negotiated by the parties.

Source: SDC 1939, § 61.0920; SDCL § 46-14-47; SL 1983, ch 28, § 56; SL 2011, ch 165, § 413.
S.D. Codified Laws § 46-5-15 — SD Code / Title 46 / Chapter 5 / Section 46-5-15
Water diverted for municipal use--Issuance of permit--Contest and appeal
Status: in_force

Natural flow water of any stream appropriated or diverted for municipal use is subject to downstream senior priority water rights. Any contest between water right owners shall be brought to the Water Management Board first for resolution. The board's ruling may be appealed to circuit court under the provisions of chapter 1-26 .

No water permit to appropriate natural flow of a stream by a municipality may be issued unless the board determines, based upon the evidence presented at a hearing that questions on impairment of downstream senior priority water rights have been resolved.

Source: SDC 1939, § 45.1903; SL 1993, ch 334, § 3.
S.D. Codified Laws § 46A-14-26 — SD Code / Title 46A / Chapter 14 / Section 46A-14-26
Organization to proceed on sixty percent favorable vote--New proposal permitted on defeat
Status: in_force

If sixty percent or more of the votes cast at the referendum are in favor of the formation of the watershed district, then the conservation district supervisors shall proceed in its organization. If the proposition to form a watershed district is defeated at the referendum, the proposition may again be proposed in the same manner as the original proposal through initiating petition and subsequent procedure.

Source: SL 1957, ch 492, § 11; SL 1959, ch 452, § 9; SDC Supp 1960, § 61.1511; SDCL § 46-24-26; SL 2013, ch 228, § 21.
S.D. Codified Laws § 46A-7-39 — SD Code / Title 46A / Chapter 7 / Section 46A-7-39
Taxes paid by district--Distribution by county treasurer--Redemption or sale of property--Deposit of proceeds
Status: in_force

If taxes are paid by the district as provided in this chapter, the county treasurer shall distribute that portion of the tax belonging to the irrigation district to the several funds as designated in the tax levy and assessment. At the time of redemption, or of the sale by the district of the tax sale certificate, or of the property obtained through the certificate, such funds as are realized shall be deposited with the county treasurer, who shall credit the proceeds of sale to the special revenue fund specified in § 46A-7-38 .

Source: SDC 1939, § 61.0912; SL 2011, ch 165, § 435.
S.D. Codified Laws § 46-8-1.1 — SD Code / Title 46 / Chapter 8 / Section 46-8-1.1
Limit on exercise of right of eminent domain
Status: in_force

Any exercise of the right of eminent domain under the provisions of this chapter shall do the least possible injury to private property, consistent with sound engineering principles and with economic feasibility.

Source: SL 1983, ch 314, § 132.
S.D. Codified Laws § 46A-10A-23 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-23
Board action on plan by ordinance or resolution
Status: in_force

Based on the results of a drainage plan hearing or hearings under § 46A-10A-22 , a board's action upon a drainage plan or any part, adjunct, amendment, or addition shall be by resolution or ordinance, as appropriate, carried by the affirmative votes of not less than a majority of all the members of the board upon a finding that the plan is feasible and conducive to the public welfare and necessary or practicable for draining land in the county.

Source: SL 1985, ch 362, § 23.
S.D. Codified Laws § 46A-10B-19 — SD Code / Title 46A / Chapter 10B / Section 46A-10B-19
Solicitation of entities to carry out plan--Furnishment of maps
Status: in_force

The governing body shall solicit all other affected public entities to cooperate in providing drainage facilities to carry out the drainage plan. Maps showing all basins and proposed facilities shall be furnished to the entities for their use in this matter.

Source: SL 1989, ch 388, § 25.
S.D. Codified Laws § 46A-10A-9 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-9
Joint drainage efforts by counties
Status: in_force

The boards or commissions of two or more counties may cooperate on drainage. Expenses incurred in connection with joint efforts, including contracted services, shall be shared equitably per agreement among the counties involved. Promotion of regional drainage projects, coordinated drainage areas and drainage patterns or schemes, including passage of compatible ordinances and resolutions in adjoining counties, is the primary but not exclusive objective of joint efforts.

Source: SL 1985, ch 362, § 9.
S.D. Codified Laws § 46A-9-5 — SD Code / Title 46A / Chapter 9 / Section 46A-9-5
Lands included in district
Status: in_force

The lands proposed to be included within a water user district need not consist of contiguous parcels. A district may consist of lands wholly within or wholly outside the limits of municipalities or of lands partly within and partly outside such limits; and a district may include all or part of the area within one or more such municipalities.

Source: SL 1939, ch 291, § 3; SDC Supp 1960, § 61.1303; SDCL, § 46-16-5; SL 1992, ch 60, § 2.
S.D. Codified Laws § 46A-1-37 — SD Code / Title 46A / Chapter 1 / Section 46A-1-37
Covenant against alienation or encumbrance of projects while bonds outstanding
Status: in_force

The district may covenant that if any of the bonds issued under this chapter remain outstanding and unpaid, the district will not, except upon such terms and conditions as may be determined, voluntarily create or cause to be created any debt, lien, mortgage, pledge, assignment, encumbrance, or other charge having priority to the lien of the bonds issued under this chapter upon any of the income and revenues derived from all revenues pledged pursuant to § 46A-1-33 , or convey or otherwise alienate any project or the real estate upon which the project is located, except at a price sufficient to pay all the bonds issued for the project then outstanding and interest accrued on the bonds, and then only in accordance with any agreements with the holder of the bonds.

Source: SL 1972, ch 241, § 36; SDCL Supp, § 46-17A-35; SL 2011, ch 165, § 297.
S.D. Codified Laws § 46A-1-68 — SD Code / Title 46A / Chapter 1 / Section 46A-1-68
Loan terms set by Legislature
Status: in_force

Sections 46A-1-66 and 46A-1-67 notwithstanding, the terms and conditions for loans for the actual construction of water resources projects contained in the state water resources management system shall be set by an act of the Legislature. This section shall not apply to loans made pursuant to § 46A-1-64 .

Source: SL 1982, ch 316, § 6C; SDCL Supp, § 46-17A-54.5.
S.D. Codified Laws § 46A-10A-77 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-77
Construction and contracting powers of board
Status: in_force

Any county board has the same powers in relation to construction of and contracting for drainage projects as it has in construction of and contracting for any other facilities.

Source: SL 1985, ch 362, § 78.
S.D. Codified Laws § 46A-18-39 — SD Code / Title 46A / Chapter 18 / Section 46A-18-39
District control over water rights
Status: in_force

No water project district may have jurisdictional authority or control over water rights.

Source: SL 1984, ch 293, § 38.
S.D. Codified Laws § 46A-10A-48 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-48
Survey and map of proposed coordinated drainage area required--Availability for examination
Status: in_force

Any person making application for establishment of a coordinated drainage area shall first obtain an accurate survey and map of the territory intended to be embraced within the limits of such area, showing the boundaries and area thereof. The accuracy thereof shall be verified by affidavit of a licensed surveyor. The survey and map, when completed and verified, shall be left at a convenient public office, to be designated by the county auditor of the county in which the application is filed, within the area for a period of not less than twenty days for examination by those having an interest in the application.

Source: SL 1985, ch 362, § 48.
S.D. Codified Laws § 46A-11-23 — SD Code / Title 46A / Chapter 11 / Section 46A-11-23
Levy of costs over several years--Fixing annual levy--Bond issue--Terms of bonds
Status: in_force

If the board determines that the estimated cost of a proposed project is greater than should be levied in a single year upon the lands benefited, it may fix the amount to be levied and collected each year and by resolution provide for issuance of bonds in an amount not to exceed the amount of unpaid assessment. The bonds shall bear interest payable annually or semiannually and shall mature in proportions and at times as assessments have been collected, not exceeding twenty years from issue.

Source: SDC 1939, § 61.1024; SDCL, § 46-21-23; SL 1983, ch 28, § 60; SL 1985, ch 362, § 120.
S.D. Codified Laws § 46A-9-48 — SD Code / Title 46A / Chapter 9 / Section 46A-9-48
Costs of operation of district--Contract for payment of rent or charge for water storage or water supply
Status: in_force

No person, irrigation district, municipality, county, or other governmental subdivision, irrigation company, or other public or private corporation or association is liable for the payment of any rent or charge for water storage; water supply; for the collection, treatment, or disposal of wastewater; or for any of the costs of operation of a water user district, unless a contract for such services has been entered into between the person or public or private organization and the water user district furnishing the services.

Source: SL 1939, ch 291, § 9; SDC Supp 1960, § 61.1309; SDCL, § 46-16-46; SL 1992, ch 60, § 2; SL 2006, ch 226, § 8.
S.D. Codified Laws § 46-1-7 — SD Code / Title 46 / Chapter 1 / Section 46-1-7
Standards of measurement--Flow of water--Volume of water--Miner's inch
Status: in_force

The standard of the measurement of the flow of water shall be the cubic foot per second of time; and the standard of measurement of the volume of water shall be the acre - foot, being the amount of water upon an acre covered one foot deep, equivalent to forty - three thousand five hundred sixty cubic feet. The miner's inch shall be regarded as one - fiftieth of a cubic foot per second in all cases, except when some other equivalent of the cubic foot per second has been specially stated by the contract or has been established by actual measurement or use, or by court decree.

Source: SDC 1939, § 61.0138; SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0124.
S.D. Codified Laws § 46A-8-3 — SD Code / Title 46A / Chapter 8 / Section 46A-8-3
Bylaws of association--Repeal and amendment, submission of proposition to shareholders, publication
Status: in_force

Any bylaw of such water users' association may be repealed or amended, or new bylaws may be adopted, at the annual meeting or at any other meeting of the shareholders called for that purpose by the directors, by a majority of the votes cast upon such propositions respectively at such election. The bylaw or amendment may not be submitted until it has first received the approval of two - thirds of the board of directors at a regular or duly called session thereof. The bylaw or amendment may not be submitted until it has first been published in full for at least two weeks next preceding such submission in at least two newspapers of general circulation within the irrigable area of such association. However, if all the shareholders are notified directly by mail at their last known addresses of the bylaw or amendment, the bylaw or amendment does not need to be published pursuant to this section.

Source: SDC 1939, § 61.0206; SDCL, § 46-11-3; SL 1996, ch 266, § 3.
S.D. Codified Laws § 46A-6-49 — SD Code / Title 46A / Chapter 6 / Section 46A-6-49
Register of warrants by district treasurer--Payment of warrants in order of presentation
Status: in_force

The district treasurer shall keep a register that lists each warrant presented for payment, the date and amount of the warrant, to whom payable, the date of the presentation of payment, the date of payment, and the amount paid in redemption of the warrant. All warrants shall be paid in the order of their presentation for payment to the district treasurer.

Source: SDC 1939, § 61.0920; SDCL § 46-14-48; SL 2011, ch 165, § 414.
S.D. Codified Laws § 46A-13-24 — SD Code / Title 46A / Chapter 13 / Section 46A-13-24
Establishment of drainage improvement by commission--Grounds--Designation of name
Status: in_force

If the drainage commission finds the drainage improvement proposed and finally agreed upon with the representatives of the other state or states conducive to the public health, convenience, or welfare, or necessary or practicable for draining agricultural lands, and that the cost thereof apportioned to be paid by this state does not exceed the benefits conferred, it shall establish such drainage improvement and give the same a name so far as the same shall be within the limits of this state.

Source: SDC 1939, § 61.1109; SDCL, § 46-23-24.
S.D. Codified Laws § 46A-9-55 — SD Code / Title 46A / Chapter 9 / Section 46A-9-55
Certain proposed works exempt from competitive bidding requirements
Status: in_force

If all or a portion of the cost of the proposed works is to be met by grant of labor or a grant-in-aid from a federal or state agency, does not require the use of any state or federal funds in the proposed works, or under other contract with a federal or state agency, and the rules of such agency provide that work may not be done by contract, the board of directors may proceed with the necessary construction or other work without first complying with any of the provisions of §§ 46A-9-52 to 46A-9-54 , inclusive.

Source: SL 1939, ch 291, § 13; SDC Supp 1960, § 61.1313; SDCL § 46-16-53; SL 1993, ch 256, § 84; SL 2012, ch 219, § 1.
S.D. Codified Laws § 46A-4-65 — SD Code / Title 46A / Chapter 4 / Section 46A-4-65
Exclusion of contiguous tracts of land from district--Petition--Contents
Status: in_force

The owner in fee of any tract of land, entrymen of unpatented lands, and the secretary of the interior for unentered public lands, which constitute a portion of an irrigation district, may file with the board of directors of the district a petition praying that such tracts and any other contiguous tracts be excluded and taken from the district. The petition shall describe the boundaries of the land which the petitioners desire to have excluded from the district and also the lands of each of the petitioners that are included within the boundaries. The description of the lands need not be more particular nor certain than is required when the lands are entered in the assessment book by the county director of equalization; and the petition shall be acknowledged in the same manner and form as required in case of a conveyance of land.

Source: SDC 1939, § 61.0830; SDCL § 46-12-64; SL 2011, ch 165, § 360.
S.D. Codified Laws § 46A-10A-63 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-63
Appearances at hearing--Establishment of project--Variation from report--Adjournment of hearing--Notices
Status: in_force

At a hearing, any interested person may appear in regard to statements in the petition, matters set forth in the engineer's report or the overall construction plan of the project. After a hearing, the board may establish the project as set forth in the engineer's report or may amend and establish the project in accordance with an amendment of the engineer's report. If the board deems it best to vary the route, materially change the initial or terminal points of the proposed project or increase the width of land to be taken for the proposed project, the board shall adjourn the hearing and give the owners of the land affected by the project change notice as in the original hearing. If the proposed project does not have sufficient fall to drain lands as intended or will not dispose of water properly, it shall be extended as necessary, the hearing shall be adjourned and notice shall be given as in the original hearing, to all owners of land affected by the extension.

Source: SL 1985, ch 362, § 64.
S.D. Codified Laws § 46A-1-67.1 — SD Code / Title 46A / Chapter 1 / Section 46A-1-67.1
Repayment of loan may be deferred until execution of contract for project construction
Status: in_force

The provisions of § 46A-1-67 notwithstanding, repayment of any water project study loan that has been made or will be made pursuant to chapter 46A-1 by agreement between the South Dakota Conservancy District and any public or private entity may be deferred until the entity has executed a contract with the United States for the purpose of constructing the water project that was the subject of the study loan agreement.

Source: SL 1987, chapter 330, § 2.
S.D. Codified Laws § 46A-7-13 — SD Code / Title 46A / Chapter 7 / Section 46A-7-13
Contract with United States providing different deficiency assessment
Status: in_force

If an irrigation district organized under the laws of this state is under contract with the United States providing for a different deficiency assessment than is prescribed in § 46A-7-12 , the provisions of the contract shall govern the district in making its assessments, if the contract has been approved by the necessary majority vote of the owners of the land affected at an election properly called for such purpose.

Source: SDC 1939, § 61.0909; SDCL § 46-15-13; SL 2011, ch 165, § 421.
S.D. Codified Laws § 46A-7-32 — SD Code / Title 46A / Chapter 7 / Section 46A-7-32
Relevy of invalid, void or defective special tax or assessment--Assessment not invalidated by erroneous extension--Correction
Status: in_force

If any special tax or assessment levied upon any property located within the irrigation district is found to be invalid and uncollectible, or is adjudged to be void by a court of competent jurisdiction, or paid under protest and recovered by suit, because of any defect, irregularity, or invalidity in any of the proceedings or on account of the failure to observe and comply with any of the conditions, prerequisites, and requirements of any statute or resolution, the board of directors may relevy the special tax or assessment on the property in the same manner as other special taxes and assessments are levied, without regard to whether the formalities, prerequisites, or conditions before equalization have been met. If there is an erroneous extension of the water charge assessment, either against the wrong tract of land or against the wrong person, the assessment may not, for that reason, be invalidated. The district board upon the discovery of the error may release, abate, refund, or otherwise correct the assessment by directing the county auditor to release, abate, refund, or otherwise correct the assessment and to spread the assessment against the proper person or against the correct tract, or to abate the assessment, or to refund the water charge assessment erroneously collected, as the case may require.

Source: SDC 1939, § 61.0917; SDCL § 46-15-32; SL 1976, ch 277, § 19; SL 2011, ch 165, § 431.
S.D. Codified Laws § 46-7-5.9 — SD Code / Title 46 / Chapter 7 / Section 46-7-5.9
Board's acceptance of owner's affidavit--Conditions
Status: in_force

The board, based on the specific facts of each case, may impose reasonable conditions upon the acceptance of the owner's affidavit for filing if those conditions are related to the promotion of the health, safety, and welfare of any minor children, third persons, or the general public. The board shall refuse to accept any owner's affidavit for filing unless the board is satisfied that:

(1) The owner has complied with the terms of §§ 46-7-5.4 to 46-7-5.11 , inclusive;

(2) The dam in question is a privately owned high - hazard dam, constructed prior to January 1, 1990; and

(3) The owner and his immediate family are the only persons residing within the flood plain.

Source: SL 1990, ch 357, § 6.
S.D. Codified Laws § 46-6-27 — SD Code / Title 46 / Chapter 6 / Section 46-6-27
Plugging, sealing, or capping abandoned wells required--Rules
Status: in_force

If the owner of an existing well drills a replacement well and if the owner has no plan to use the existing well, the existing well is considered abandoned. The well owner shall plug the abandoned well within thirty days after the new well is ready for use. Any well that is being used or is not considered abandoned shall be sealed or capped at the surface. The Water Management Board shall promulgate rules pursuant to chapter 1-26 providing for plugging, capping, or sealing of wells to protect the health and safety of the public and to prevent contamination of groundwater by surface waters.

Source: SL 1983, ch 319, § 1; SL 1993, ch 256, § 61.
S.D. Codified Laws § 46A-4-88 — SD Code / Title 46A / Chapter 4 / Section 46A-4-88
Sale of property by board of directors--Advertisement--Notice of sale--Consideration of bids of purchasers by board of directors
Status: in_force

The board of directors shall advertise the property for sale at least four weeks in such manner as in the judgment of the board will be to the best interests of the district; and shall state in such advertisement a description of the property, and the time and place when bids in writing for the same shall be opened and considered. At the time designated in such notice, or as soon thereafter as such board can meet, it shall open and consider all bids received for the purchase of the property.

Source: SDC 1939, § 61.0848; SDCL, § 46-12-83.
S.D. Codified Laws § 46A-9-57 — SD Code / Title 46A / Chapter 9 / Section 46A-9-57
District obligations--Pledge of revenue for payment--Collateral security for loan
Status: in_force

Any such water user district may pledge and put up as collateral security for a loan any district obligations. Any district issuing district obligations under the provisions of this chapter may pledge all or any part of the revenues which the district may derive from the sale, conveyance, or distribution of water for irrigation, domestic, municipal, industrial, or stock-watering purposes; from the storage of water; or from the collection, treatment, or disposal of wastewater, as security for the payment of the principal and interest on the loan. Any such pledge of revenues shall be made by the directors of the district by resolution or by agreement with the purchasers or holders of the district obligations. Any such resolution or agreement may specify the particular revenues that are pledged and the terms and conditions to be performed by the district and the rights of the holders of the district obligations, and may provide for priorities of liens in any such revenues as between the holders of district obligations issued at different times or under different resolutions or agreements.

Source: SL 1939, ch 291, § 10; SDC Supp 1960, § 61.1310; SDCL, § 46-16-55; SL 2006, ch 226, § 10.
S.D. Codified Laws § 46A-6-23 — SD Code / Title 46A / Chapter 6 / Section 46A-6-23
Interest on due and unpaid interest coupons of bonds--Election to authorize--Form of ballots
Status: in_force

A district by a majority vote may provide and authorize the payment of interest on any or all due and unpaid interest coupons attached to valid and outstanding bonds of the district heretofore or hereafter issued and sold, from the date of registration of the interest coupons for payment or, if previously registered, from the date of election to pay interest, until paid. The question may be submitted at any general or special election of the district by ballot, which shall generally describe the bonds to which the coupons are attached by number, series, and date of issue. The ballots shall be in substantially the following form:

For the payment of interest on coupons attached to bonds numbered ____, series ____, dated ____ at ____ percent per annum--Yes (or No).

The election shall be governed by the law relating to bond elections in these districts.

Source: SDC 1939, § 61.0901; SDCL, § 46-14-22; SL 1983, ch 28, § 55.
S.D. Codified Laws § 46A-3A-5 — SD Code / Title 46A / Chapter 3A / Section 46A-3A-5
South Central Water Development District
Status: in_force

The South Central Water Development District is established. The district is comprised of:

(1) Bon Homme, Brule, Buffalo, Charles Mix, Douglas, and Gregory counties;

(2) Center, Crystal Lake, Eureka, Gales, Lake, Patten, Truro, Washington, and White Lake townships in Aurora County; and

(3) That portion of Lyman County south of the White River.

Source: SL 1984 (SS), ch 1, § 10; SL 1998, ch 269, § 2; SL 2008, ch 232, § 4, eff. Jan. 1, 2009; SL 2025, ch 186, § 6.
S.D. Codified Laws § 46A-10A-14 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-14
Board to provide funds, equipment, and accommodations for county drainage activity
Status: in_force

The board of county commissioners shall provide the funds, equipment, and accommodations necessary for such drainage activity as the county undertakes.

Source: SL 1985, ch 362, § 14.
S.D. Codified Laws § 46A-10A-19 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-19
Maps authorized
Status: in_force

Official controls instituted by a board or commission may include maps of drains, county highways and roads, culverts, wetlands, sloughs, and other natural and man - made features relating to drainage showing their alignments, gradients, dimensions, and other pertinent features.

Source: SL 1985, ch 362, § 19.
S.D. Codified Laws § 46A-10A-96 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-96
Stay of proceedings on appeal--Bond--Damages
Status: in_force

No appeal may operate as a stay of proceedings by a board, but a court, upon taking an appeal, for good cause may issue an order staying further proceedings by a board until a hearing and determination of the merits of the appeal are completed. Before granting a stay, a court shall require a bond or other undertaking in sufficient amount and with sufficient surety so that, if the order appealed from is sustained, the person upon whose motion the stay is granted shall pay all damages caused by the stay. For purposes of this section, no activity under the provisions of § 46A-10A-25 or 46A-10A-68 may be considered an appeal.

Source: SL 1985, ch 362, § 96.
S.D. Codified Laws § 46A-4-18 — SD Code / Title 46A / Chapter 4 / Section 46A-4-18
Corporate ownership of lands within proposed or existing irrigation districts--Designation of agent to vote in behalf of elections for organization of district
Status: in_force

Where lands which are within a proposed or existing irrigation district are owned by a corporation, by the United States, or by this state, such corporation, and any department or agency of the United States or of this state, in order to participate in any district election, by an instrument in writing, executed and acknowledged by the proper officer or officers of such corporation, department, or agency, shall designate an agent to vote in its behalf. Such instrument shall be presented to and filed with the county auditor by such agent.

Source: SDC 1939, § 61.0802 as added by SL 1947, ch 417, § 2; SDCL, § 46-12-18.
S.D. Codified Laws § 46A-4-14 — SD Code / Title 46A / Chapter 4 / Section 46A-4-14
District divided into divisions by board--Size and number--Election of directors--Terms--Assessment of property within district
Status: in_force

The Board of Water and Natural Resources shall make an order by resolution dividing the proposed district into three, five, or seven divisions as nearly equal in size as practicable. However, if the proposed irrigation district includes less than fifty electors, the board may establish the number of directors at not less than three and may permit the directors to be elected at large within the boundaries of the district. The board shall establish staggered terms of one to three years for the directors to be elected at the first election and all directors shall be elected for three - year terms thereafter. The county director of equalization shall assess the property within a district pursuant to this chapter.

Source: SDC 1939, § 61.0802; SL 1947, ch 417, § 2; SDCL, § 46-12-14; SL 1976, ch 275, § 2; SL 1984, ch 294, § 14; SL 1989, ch 82, § 35; SL 1991, ch 17 (Ex. Ord. 91-4), § 17.
S.D. Codified Laws § 46A-1-88 — SD Code / Title 46A / Chapter 1 / Section 46A-1-88
Conversion of study loans to grants
Status: in_force

The Board of Water and Natural Resources may convert in whole or in part study loans authorized pursuant to § 46A-1-61 to grants. The conversion of study loans to grants is limited to projects that have been determined to be nonfeasible for development or to have insufficient repayment capability. A study loan may be converted by the Board of Water and Natural Resources to a grant for use as part of the nonfederal matching requirement on federally authorized projects.

Source: SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 1991, ch 289, § 6.
S.D. Codified Laws § 46-5-40.1 — SD Code / Title 46 / Chapter 5 / Section 46-5-40.1
Temporary permits for use of public water for construction, testing, or drilling purposes--Term of permit--Qualifications and limitations
Status: in_force

The Water Management Board may promulgate rules to authorize the chief engineer to issue temporary permits for the use of public water for construction, testing, or drilling purposes. No temporary permit is valid after December thirty - one of the year in which the permit is issued. No temporary permit may be issued if the permit interferes with or adversely affects prior appropriations or vested rights. A temporary permit shall contain qualifications and limitations necessary to protect the public interest. The issuance of a temporary permit is permission to use public water on a temporary basis and does not grant any water rights.

Source: SL 1987, ch 328, § 5.
S.D. Codified Laws § 46A-3C-1 — SD Code / Title 46A / Chapter 3C / Section 46A-3C-1
Petition for dissolution--Signatures--Election required
Status: in_force

In order to dissolve a water development district, a petition of dissolution must be filed with the Board of Water and Natural Resources.

The petition must be:

(1) Signed by eligible voters of the district, equal in number to at least fifteen percent of the votes cast in the district during the most recent gubernatorial election; and

(2) Filed with the Board of Water and Natural Resources on or before the first Tuesday of July, immediately preceding the general election.

Upon receipt of a petition in accordance with this section, the Board of Water and Natural Resources must refer the question to the voters of the district, at the next general election.

Source: SL 1984 (SS), ch 1, § 24; SL 1990, ch 362, § 3; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 2025, ch 186, § 33.
S.D. Codified Laws § 46A-9-51 — SD Code / Title 46A / Chapter 9 / Section 46A-9-51
Eminent domain laws applicable to irrigation districts apply
Status: in_force

All provisions of law now applicable to irrigation districts, privately owned irrigation corporations, or ditch companies, regarding the exercise of the power of eminent domain, the use and occupation of state and other public lands and highways, the appropriation, or other acquisition, enjoyment, or use of water, water rights, or water diversion or storage rights, for any of the purposes contemplated in this chapter, the manner or method of construction and physical operation of irrigation works, storage dams, drainage ditches, as herein contemplated, shall be applicable as nearly as may be, and so far as not in conflict with the provisions of this chapter, to water user districts organized under this chapter in their exercise of the rights, powers, and franchises and in the performance of the duties conferred or imposed upon them under the provisions of this chapter.

Source: SL 1939, ch 291, § 8; SDC Supp 1960, § 61.1308; SDCL, § 46-16-49.
S.D. Codified Laws § 46A-9-17 — SD Code / Title 46A / Chapter 9 / Section 46A-9-17
Validation of prior districts and boundaries--Validation of prior proceedings, bonds, and contracts
Status: in_force

All water user districts, created under the provisions of this chapter, and additions to and deletions from the districts, established or purporting to be established or adjusted before July 1, 1978, pursuant to the provisions of this chapter and having a de 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 such water user districts in existence for one year or any boundary adjustments of the districts is not open to question in any court in the state. All acts and proceedings of any water user district or of its board of directors, or both, leading up to the authorization and execution of an existing contract between any water user district and the United States of America, and all acts and proceedings of any water user district or of its board of directors, or both, leading up to the issuance and deliverance of bonds of any water user district are hereby legalized, ratified, confirmed, and declared valid to all intents and purposes. All existing contracts and outstanding bonds are hereby legalized and declared to be valid and legal obligations of and against the water user district executing or causing the execution of the contracts or bonds. This section does not apply to any suit or proceeding legally initiated before July 1, 1978.

Source: SL 1978, ch 330, §§ 1, 3; SDCL Supp, § 46-16-16.1; SL 2011, ch 165, § 471.
S.D. Codified Laws § 46-5-32 — SD Code / Title 46 / Chapter 5 / Section 46-5-32
Assignment of application, permit, or license
Status: in_force

Subject to the limitations provided in §§ 46-5-33 and 46-5-34 , any application, permit, or license to appropriate water, including a permit issued under § 46-5-8.1 , may be assigned, but no assignment is binding, except upon the parties thereto, unless filed for record with the chief engineer. No assignment may carry with it the right to use the water for any purpose or in any manner other than that specified in the application, permit, or license without the approval of the Water Management Board. Transfer of an application to appropriate water does not confer any right to use of water. The evidence of the right to use water from any works constructed by the United States, or its duly authorized agencies, shall in like manner be filed with the chief engineer, upon assignment. A sale, grant, conveyance, assignment, lease, or other transfer of a permit or license issued under § 46-5-8.1 may be assigned only in accordance with the terms of the contract or instrument of conveyance between the district and the energy industry user.

Source: SDC 1939, § 61.0134; SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0127; SL 1981 (2d SS), ch 1, § 9; SL 1983, ch 314, § 62; SL 2008, ch 230, § 2.
S.D. Codified Laws § 46-1-16 — SD Code / Title 46 / Chapter 1 / Section 46-1-16
Authority of chief engineer to issue permits--Scheduling application
Status: in_force

The provisions of § 46-1-14 notwithstanding, the board may promulgate rules pursuant to chapter 1-26 to delegate the authority to issue permits to the chief engineer if the applicant does not contest the recommendation of the chief engineer and no person has filed a petition to oppose the application as provided in chapter 46-2A . Upon such delegation, the recommendation of the chief engineer shall become the decision of the board and the chief engineer shall issue the permit as recommended. However, the chief engineer may schedule an application, even if uncontested, for hearing by the board pursuant to chapter 46-2A upon finding that an application presents important issues of public policy or public interest that should be heard by the board.

Source: SL 1990, ch 355, § 1; SL 1992, ch 254, § 85.
S.D. Codified Laws § 46-2A-7.3 — SD Code / Title 46 / Chapter 2A / Section 46-2A-7.3
Applications submitted prior to board decision that aquifer is fully appropriated or prior to July 1, 2014
Status: in_force

Any application submitted prior to the board's decision that an aquifer is fully appropriated pursuant to § 46-6-3.1 or prior to July 1, 2014, is not eligible to be included in the process established by §§ 46-2A-7.1 to 46-2A-7.7 , inclusive, and shall be considered by the board for final action. The board may approve, deny, or defer those applications for further study.

Source: SL 2014, ch 214, § 4.
S.D. Codified Laws § 46-7-5.3 — SD Code / Title 46 / Chapter 7 / Section 46-7-5.3
Investigation of dam--Variance relating to minimum spillway design requirements--Hearing
Status: in_force

Upon petition to the board by the owner of a dam, the chief engineer may investigate and conduct the necessary analysis to determine the potential for damage to downstream residents or property if a dam were to fail due to inadequate spillway capacity. After the investigation and analysis, the chief engineer may recommend that a variance to board rules relating to minimum spillway design requirements for dams be granted or denied. The recommendation, notice, and hearing before the board shall be conducted pursuant to the procedure contained in chapter 46-2A . Following the hearing, the board may grant a variance upon a finding that failure of the dam due to inadequate spillway capacity will not increase the potential for damage from flooding to downstream residents or property.

Source: SL 1987, ch 328, § 1D.
S.D. Codified Laws § 46A-1-60.1 — SD Code / Title 46A / Chapter 1 / Section 46A-1-60.1
Water pollution control revolving fund program and state drinking water revolving fund program established--Program subfunds created--Deposits into subfunds and use thereof
Status: in_force

The state water pollution control revolving fund program and the state drinking water revolving fund program are hereby established. Program subfunds shall be created within the water and environment fund established pursuant to § 46A-1-60 . The required subfunds shall be maintained separately, and all federal, state, and other funds for use in the program shall be deposited into the respective subfund, including all federal grants for capitalization of either a state water pollution control revolving fund or a state drinking water revolving fund or both, all repayments of assistance awarded from the subfund, interest on investments made on money in the subfund, proceeds of discretionary bond issues allowed by § 46A-1-31 , and principal and interest on loans made from the fund. Money in the subfund may be used only for purposes authorized under federal law. The subfund may be pledged or assigned by the district to or in trust for the holder or holders of the bonds of the district and may be transferred to and held by a trustee or trustees pursuant to § 46A-1-39 .

The board shall promulgate rules pursuant to chapter 1-26 , to implement the provisions of this section consistent with the requirements of federal law in order for an approved state water pollution control revolving fund or a state drinking water revolving fund to become eligible for grant funds from the United States Environmental Protection Agency.

Source: SL 1988, ch 364, § 1; SL 1989, ch 385, § 24; SL 1992, ch 254, § 8; SL 1994, ch 347, § 4; SL 1995, ch 251, § 29.
S.D. Codified Laws § 46A-3D-7 — SD Code / Title 46A / Chapter 3D / Section 46A-3D-7
Insurance authorized
Status: in_force

A water development district board of directors may carry public liability insurance for any acts or omissions that occur in the performance of official duties by the directors or by employees. The board may carry other insurance to protect the district and its property.

Source: SL 1984 (SS), ch 1, § 39; SL 2025, ch 186, § 45.
S.D. Codified Laws § 46-6-9.1 — SD Code / Title 46 / Chapter 6 / Section 46-6-9.1
Well driller or well pump installer license--Revocation
Status: in_force

The chief engineer may initiate an action before the Water Management Board to revoke the license of any well driller or well pump installer upon refusal by the driller to properly complete any well or well pump installation in accordance with rules governing well construction or well pump installation or upon violation of this title, or any rule or order promulgated pursuant to this title. Any action for the revocation of a well driller's or well pump installer's license shall comply with the provisions of § 1-26-19 . A well driller or well pump installer whose license has been revoked may not apply for a new license sooner than six months after the effective date of the revocation.

Source: SL 1983, ch 314, § 99; SL 2001, ch 241, § 7.
S.D. Codified Laws § 46A-2-3 — SD Code / Title 46A / Chapter 2 / Section 46A-2-3
Intent to relate financing of water resources projects to degree of benefits received
Status: in_force

It is the intent of this chapter and chapters 46A-3A to 46A-3E , inclusive, to relate, reasonably and equitably, the financing of water resources projects to the degree of benefits received from such water resources projects by:

(1) Provisions whereby statewide financing will be forthcoming for those phases of water resources development which concern the general welfare of the people in the state and result in statewide benefits;

(2) Provisions whereby specific areas will finance those phases of water resources development which provide general benefits to the people in such areas;

(3) Provisions whereby water users or direct beneficiaries of water control and regulation will finance those phases of water resources development which provide water for use or which protect or enhance the value of property;

(4) Provisions whereby assignment of administrative jurisdiction and responsibility for the various phases of water resources development are related to such variable degrees of benefits.

Source: SL 1959, ch 453, § 3; SDC Supp 1960, § 61.1403; SDCL, § 46-17-2; SL 1984 (SS), ch 1, § 65.
S.D. Codified Laws § 46A-1-54 — SD Code / Title 46A / Chapter 1 / Section 46A-1-54
Remedies of bondholders
Status: in_force

The provisions of this chapter and of any resolution or other proceeding authorizing the issuance of bonds shall constitute a contract with the holders of such bonds and the provisions thereof shall be enforceable either in law or in equity, by suit, action, mandamus, or other proceeding in any court of competent jurisdiction to enforce and compel the performance of all duties required by this chapter and by any resolution authorizing the issuance of bonds adopted responsive hereto.

Source: SL 1972, ch 241, § 49; SDCL Supp, § 46-17A-48.
S.D. Codified Laws § 46A-9-80 — SD Code / Title 46A / Chapter 9 / Section 46A-9-80
Duties of water master
Status: in_force

The water master shall:

(1) Enforce procedures for distribution of water by court decree;

(2) Enforce priorities and rights pertaining to the use of water as established by statute or case law;

(3) Administer the distribution of water obtained through any contract pursuant to § 46A-9-43 ;

(4) Provide for the regulation and security of headgates and measuring devices as necessary to enforce the proper distribution of water; and

(5) Perform such other duties as the board of directors may specify.

Source: SL 1990, ch 363, § 2.
S.D. Codified Laws § 46A-14-88 — SD Code / Title 46A / Chapter 14 / Section 46A-14-88
Effective date of dissolution
Status: in_force

If the members of the State Conservation Commission choose to approve a watershed district dissolution, the dissolution is effective thirty days from the date of the commission meeting. Notice of the dissolution of a watershed district shall be sent to the secretary of state.

Source: SL 1980, ch 312, § 8; SDCL Supp, § 46-24-82.5; SL 2013, ch 228, § 59.
S.D. Codified Laws § 46A-10A-33 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-33
Enforcement of chapter and official controls
Status: in_force

The board shall provide for the enforcement of the provisions of this chapter and of ordinances, resolutions, orders, and regulations made thereunder, and may impose enforcement duties on any officer, department, agency, or employee of the county.

Source: SL 1985, ch 362, § 33.
S.D. Codified Laws § 46A-9-22 — SD Code / Title 46A / Chapter 9 / Section 46A-9-22
Publication of notice for extension of district--Filing of protest
Status: in_force

A notice shall be published in each county in which the lands to be included lie, in a legal newspaper of general circulation in the county, once each week for at least two successive weeks. The last date of publication shall be at least thirty days prior to the Board of Water and Natural Resources' meeting at which the petition is first considered. The notice shall be published at the petitioners' expense. The notice shall contain the information required in § 46A-9-20 , shall state when the petition was filed, shall state a public place in each county affected where the petition may be examined, and shall state the date, time, and place at which the petition will be considered by the Board of Water and Natural Resources. Any owner or entryman of land within the area to be included, who did not sign the petition may file a written protest with the department as provided in § 46A-9-14 .

Source: SL 1943, ch 310; SDC Supp 1960, § 61.1304 (2); SDCL, § 46-16-21; SL 1972, ch 239, § 6; SL 1997, ch 255, § 5.
S.D. Codified Laws § 46A-10A-79 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-79
Apportionment of original cost to annexed area when project extended
Status: in_force

If an existing drainage project is extended or enlarged, the board or boards shall apportion the benefits resulting to the annexed area from the existing construction in the original project as a cost to be absorbed by the lands of the annexed area on the basis of the original cost of the drain.

Source: SL 1985, ch 362, § 80.
S.D. Codified Laws § 46A-3A-10 — SD Code / Title 46A / Chapter 3A / Section 46A-3A-10
Petition to establish district--Board approval--Referred question to voters
Status: in_force

If a petition proposing the establishment of a water development district is presented to the Board of Water and Natural Resources, the board must determine whether the petition is in compliance with the requirements of this chapter. If the petition is in compliance, the board must, by resolution, approve the petition and provide a name for the proposed district.

The board shall, at the next general election, refer the question regarding the establishment of the district to the voters of the proposed district.

Source: SL 1984 (SS), ch 1, § 13C; SL 2025, ch 186, § 12.
S.D. Codified Laws § 46-1-10 — SD Code / Title 46 / Chapter 1 / Section 46-1-10
Vested rights acquired before July 1, 1955, validated
Status: in_force

All vested rights as defined in § 46-1-9 acquired before July 1, 1955, are hereby in all respects validated.

Source: SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0106.
S.D. Codified Laws § 46-5-13 — SD Code / Title 46 / Chapter 5 / Section 46-5-13
Diversion rate and amount allowed by permit
Status: in_force

A permit may allow diversion from a designated source of water from one or more points within an area described in the permit. However total diversion rate and amount may not exceed the rate and amount allowed by the permit.

Source: SL 1955, ch 430, § 1; SL 1957, ch 490, § 1; SDC Supp 1960, § 61.0110; SL 1983, ch 314, § 50.
S.D. Codified Laws § 46A-1-94 — SD Code / Title 46A / Chapter 1 / Section 46A-1-94
Perkins County rural water system
Status: in_force

Pursuant to §§ 46A-1-11 to 46A-1-13 , inclusive, construction of a twenty-seven million nine hundred ninety-nine thousand two hundred fifty dollar Perkins County rural water system as generally described in the report, Final Engineering Report, for Perkins County Rural Water System Inc., Bison, South Dakota, dated January 2003, is hereby authorized for the purpose of providing safe and adequate municipal, rural, and industrial water supplies in Perkins County.

The Legislature finds that it is in the best interest of the Perkins County rural water system to provide a portion of the nonfederal matching requirements as enumerated in P.L. 106-136 as amended to January 1, 2011, through the state water resources management system revolving loan program. The Board of Water and Natural Resources may provide loans under the state water resources management system revolving loan program in amounts not to exceed a total of four million five hundred thousand dollars to the Perkins County rural water system to provide a portion of the nonfederal matching requirements as enumerated in P.L. 106-136 as amended to January 1, 2011. No disbursements may be made under the loans authorized by this section unless funds are appropriated by the Legislature in conformance with § 46A-1-61 .

Notwithstanding the provisions of § 46A-1-66 , no interest may accrue until the Board of Water and Natural Resources certifies the completion of the construction of the project as authorized. The initial loan repayment is due and payable one year following the certification of construction completion. Loan terms and conditions shall be set by the Board of Water and Natural Resources.

The Board of Water and Natural Resources may provide grants in amounts not to exceed two million five hundred thousand dollars, or so much thereof as may be necessary, to the Perkins County rural water system project to provide the State of South Dakota's portion of the nonfederal matching requirements for the project. 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 .

The loan and grant authorized by this section may be increased or decreased by such amounts as may be justified by reason of ordinary fluctuations in development costs incurred after January 1, 2001, as indicated by engineering costs indices applicable for the type of construction involved.

Source: SL 1996, ch 265, § 11; SL 2004, ch 52, § 5, eff. Feb. 25, 2004; SL 2011, ch 165, § 310.
S.D. Codified Laws § 46A-10A-78 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-78
Maintenance and improvement of existing drains, watercourses, and levees
Status: in_force

Powers conferred by this chapter and chapter 46A-11 for establishing and constructing drains include maintaining, relocating, extending, deepening, widening, and regulating of existing drains and drains hereafter constructed; straightening, cleaning out, deepening, and otherwise regulating channels of creeks and streams; and constructing, maintaining, remodeling, and repairing levees, dikes, and barriers for the purpose of drainage.

Source: SL 1985, ch 362, § 79.
S.D. Codified Laws § 46A-14-62 — SD Code / Title 46A / Chapter 14 / Section 46A-14-62
Interested party aggrieved by apportionment of benefits or levy of taxes and assessments--Appeal, procedure
Status: in_force

Any interested party claiming to be aggrieved by such apportionment of the benefits or taxes or assessments levied in accordance therewith may appeal in accordance with procedures established by state law for review of tax levies.

Source: SL 1957, ch 492, § 24; SL 1959, ch 452, § 19; SDC Supp 1960, § 61.1524; SDCL, § 46-24-61.
S.D. Codified Laws § 46A-9-41 — SD Code / Title 46A / Chapter 9 / Section 46A-9-41
Acquisition, management, use, and operation of works and property--Disposition of works
Status: in_force

The water user district may own, construct, reconstruct, improve, purchase, condemn, lease, receive by gift, or otherwise acquire, hold, extend, manage, use, or operate any works and any kind of property, personal or real, necessary, useful, or incident to such acquisition, extension, management, use, and operation. The district may sell, mortgage, alienate, or otherwise dispose of the works or any part of the works only under the terms and subject to the conditions provided in §§ 46A-9-69 to 46A-9-72 , inclusive.

Source: SL 1939, ch 291, § 7; SDC Supp 1960, § 61.1307 (2); SDCL § 46-16-40; SL 2011, ch 165, § 479.
S.D. Codified Laws § 46A-13-22 — SD Code / Title 46A / Chapter 13 / Section 46A-13-22
Adjournment of hearing on proposed improvement of interstate drainage project, purposes--Modification of joint plan, recording
Status: in_force

Such drainage commission may in its discretion adjourn such hearing for the purpose of conferring with the representatives of the other state or states relative to modifying the joint plan, or relative to modifying the findings as to the proportion of the cost to be borne by each state. If such modification is made, the same shall be entered of record as in case of the original order therefor.

Source: SDC 1939, § 61.1109; SDCL, § 46-23-22.
S.D. Codified Laws § 46A-14-71 — SD Code / Title 46A / Chapter 14 / Section 46A-14-71
Contributions by board of county commissioners to watershed district supplies, labor, and equipment
Status: in_force

The board of county commissioners may contribute to watershed districts supplies, labor, and equipment to benefit the county highway system, for maintenance of flood control, water management, and erosion control measures. The contributions to the districts shall be paid for from the general fund.

Source: SDC 1939, § 12.0617 (14) as added by SL 1961, ch 30; SDCL, § 46-24-70; SL 1985, ch 77, § 30.
S.D. Codified Laws § 46-5-30.3 — SD Code / Title 46 / Chapter 5 / Section 46-5-30.3
Sale or transfer of application, permit, or license--Notice to chief engineer
Status: in_force

Notice of any sale, grant, lease, conveyance, or other transfer of an application, permit, or license to appropriate water under the provisions of this title shall be filed with the chief engineer within ninety days.

Source: SL 1983, ch 314, § 66; SL 2008, ch 230, § 1.
S.D. Codified Laws § 46-5-31.1 — SD Code / Title 46 / Chapter 5 / Section 46-5-31.1
Abandoned permitted irrigation use--Stock watering permitted
Status: in_force

If permitted irrigation use from a storage dam is abandoned or forfeited but the storage dam is used for stock watering, stock watering may be added to the license or permit upon the request of the permit or license holder. A license or permit modified under this section retains the priority date of the original license or permit. This addition of stock watering to the license or permit may occur without application or publication pursuant to § 46-2A-4 , if no diversion is made from the stock dam and the chief engineer makes a finding that existing water rights will not be impaired.

Source: SL 1996, ch 263, § 6.
S.D. Codified Laws § 46A-3A-7 — SD Code / Title 46A / Chapter 3A / Section 46A-3A-7
West River Water Development District
Status: in_force

The West River Water Development District is established. The district is comprised of:

(1) Haakon, Jones, and Mellette counties;

(2) That portion of Jackson County north of the White River, except Interior township and the unorganized Cedar township;

(3) That portion of Pennington County east of the Cheyenne River, except Castle Butte, Conata, Crooked Creek, Flat Butte, Imlay, and Scenic townships;

(4) The unorganized territory of the Badlands;

(5) That portion of the unorganized territory of east central Pennington County east of the Cheyenne River; and

(6) That portion of Lyman County north of the White River.

Source: SL 1984 (SS), ch 1, § 12; SL 1985, ch 357; SL 1990, ch 362, § 2; SL 2025, ch 186, § 8.
S.D. Codified Laws § 46A-4-55 — SD Code / Title 46A / Chapter 4 / Section 46A-4-55
Change of boundaries of irrigation district--Notice of filing of petition, contents--Time and place of hearing by board of directors--Cost of proceedings, advancement by petitioners
Status: in_force

The secretary of the board of directors shall cause notice of the filing of a petition under § 46A-4-53 to be given and published in the same manner and for the same time that notices of special elections for the issuance of bonds are required to be published. The notice shall state the filing of such petition and the names of the petitioners, a description of the lands mentioned in the petition and the prayer of the petition; and it shall notify all persons interested, or that may be affected by such change of the boundaries of the district, to appear at the office of the board at a time named in the notice and show cause, in writing, if any they have, why the change in the boundaries of the district as proposed in the petition should not be made. The time to be specified in the notice at which they shall be required to show cause shall be the regular meeting of the board next after the expiration of the time for the publication of the notice. The petitioners shall advance to the secretary sufficient money to pay the estimated cost of all such proceedings for inclusion.

Source: SDC 1939, § 61.0820; SDCL, § 46-12-54.
S.D. Codified Laws § 46A-14-72 — SD Code / Title 46A / Chapter 14 / Section 46A-14-72
Acquisition of real estate or easement therein by watershed district--Purchase--Condemnation, appraisal of premises involved
Status: in_force

The watershed district may purchase such real estate or easement therein as it may need and if it cannot agree on the purchase price on any needed real estate or easement therein, it may condemn the same. If the watershed district finds it expedient or necessary for the maintenance of any part of its improvement already constructed to add thereto further construction in the nature of settling basins, conservation lakes, or other improvements, the watershed district, if not able to agree with the landowner on the terms for the acquisition of the interest in land needed or the yearly cash rental of any premises taken and used for such purpose, may condemn for the purpose of fixing the amount to be paid for the interest in the land or the yearly rental for the land so taken. The appraisal of the premises involved shall be made by a committee composed of the aggrieved, a district manager, and these two shall elect a third member. If the watershed district takes or damages the real estate of any minor or protected person, the conservator of such minor or protected person may agree and settle with the watershed district for all damages or claims by reason of taking such real estate or easement, and may give valid releases and discharge therefor.

Source: SL 1957, ch 492, § 28; SL 1959, ch 452, § 22; SDC Supp 1960, § 61.1528; SDCL, § 46-24-71; SL 1993, ch 213, § 246.
S.D. Codified Laws § 46-5-37 — SD Code / Title 46 / Chapter 5 / Section 46-5-37
Failure to use beneficially appropriated water--Forfeiture for nonuse--Reversion to public
Status: in_force

If any person entitled to the use of appropriated water fails to use beneficially any part of the water for the purpose for which it was appropriated, for a period of three years, the unused water shall revert to the public and shall be regarded as unappropriated public water.

Source: SDC 1939, § 61.0139; SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0125; SL 2011, ch 165, § 269.
S.D. Codified Laws § 46A-11-32 — SD Code / Title 46A / Chapter 11 / Section 46A-11-32
Appeal from order extending time for payment of unpaid installments--Determination--Waiver of matter not included in appeal
Status: in_force

Any person aggrieved by an order issued under § 46A-11-31 may appeal the order to the circuit court for the county within the time and in the manner provided by this chapter and chapter 46A-10A . On appeal, the right, power, and authority of the board to make the order and the necessity therefor may be heard. Any matter not included in the appeal is deemed waived.

Source: SDC 1939, § 61.1020; SDCL, § 46-21-32; SL 1985, ch 362, § 129.
S.D. Codified Laws § 46A-10A-9.1 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-9.1
Petition for assistance in development of intercounty drainage plan--Board defined
Status: in_force

If the effectiveness of any drainage activity or official control depends upon cooperative action by the board of an adjoining county, and if voluntary joint drainage efforts, undertaken in good faith pursuant to § 46A-10A-9 , have been unsuccessful, a board may file a petition with the Water Management Board requesting assistance in the development of an intercounty drainage plan or official control. For purposes of the provisions of §§ 46A-10A-9.1 to 46A-10A-9.5 , inclusive, the term "board" means Board or County Drainage Commission, if established.

Source: SL 1987, ch 336, § 2.
S.D. Codified Laws § 46A-1-11 — SD Code / Title 46A / Chapter 1 / Section 46A-1-11
Estimates of costs and revenues from proposed water facilities--Requests for legislative authorization of construction
Status: in_force

If the Board of Water and Natural Resources determines that it is necessary to carry out any of the objects and purposes of the water plan, through the construction of a water facility that has been established by the Legislature as a part of the State Water Resources Management System, the board shall, in cooperation with such federal, state, and local agencies or entities or private interests as may be concerned, prepare preliminary cost estimates, estimates of resources, if any, to be contributed from all other sources to aid in the construction, and estimates of the revenues that might be anticipated from the facility from all purposes and functions. The board shall adopt a resolution declaring that the public interest and necessity require the carrying out of these objects and purposes and requesting that the Legislature authorize the construction of this part of the State Water Resources Management System.

Source: SL 1972, ch 241, § 17; SDCL Supp, § 46-17A-16 ; SL 2011, ch 165, § 287.
S.D. Codified Laws § 46A-16-3 — SD Code / Title 46A / Chapter 16 / Section 46A-16-3
Legal advisers to commission
Status: in_force

The attorneys general of both states shall act as legal advisers of the South Dakota - Minnesota Boundary Waters Commission.

Source: SL 1939, ch 294, § 6; SDC Supp 1960, § 55.5306; SDCL, § 46-29-2.
S.D. Codified Laws § 46A-10B-43 — SD Code / Title 46A / Chapter 10B / Section 46A-10B-43
Authority of circuit to suspend or cancel project--Amendment of master plan
Status: in_force

If the circuit court receives a valid petition signed by at least two - thirds of the owners of real property in the district for cancellation or suspension of a district project, facility, or program pursuant to § 46A-10B-41 , the circuit court may suspend or cancel the project and the governing body shall amend accordingly the master drainage plan as provided in § 46A-10B-18 .

Source: SL 1989, ch 388, § 49.
S.D. Codified Laws § 46A-14-4 — SD Code / Title 46A / Chapter 14 / Section 46A-14-4
Conservation purposes supporting establishment
Status: in_force

A watershed district may be established for any of the following conservation purposes:

(1) Control or allocation of damage by floods by flood prevention structures including levees;

(2) Improvement of stream channels;

(3) Reclaiming or filling wet and overflowed lands;

(4) Providing water supply for irrigation;

(5) Regulating the flow and conserving the water of streams;

(6) Diverting or changing watercourses in whole or in part;

(7) Providing and conserving water supply for domestic, industrial, recreational, and other public use;

(8) Providing for sanitation and public health and regulating the use of streams, ditches, or watercourses for the disposition of waste;

(9) Relocate, extend, replace, modify, consolidate, or abandon in whole or in part, drainage systems within a watershed district and to operate and maintain drainage systems;

(10) Imposition of preventive or remedial measures for the control or alleviation of land and soil erosion and siltation of watercourses or bodies of water affected by erosion;

(11) Protection or enhancement of the water quality in watercourses or water basins;

(12) Protection of groundwater; and

(13) Improvement, restoration, and maintenance of lakes, streams, and wetlands.

Source: SL 1957, ch 492, § 4; SL 1959, ch 452, § 2; SDC Supp 1960, § 61.1504; SL 1965, ch 303, § 2; SDCL § 46-24-4; SL 1989, ch 389, § 1; SL 2013, ch 228, § 7.
S.D. Codified Laws § 46A-9-29 — SD Code / Title 46A / Chapter 9 / Section 46A-9-29
Candidate to fill vacancy or succeed an outgoing director--Vote necessary for election
Status: in_force

The candidate for director required to fill an existing vacancy or to succeed an outgoing director who receives the highest number of votes cast for such office shall be declared elected.

Source: SL 1939, ch 291, § 5; SDC Supp 1960, § 61.1305 (2); SDCL, § 46-16-28.
S.D. Codified Laws § 46A-11-4 — SD Code / Title 46A / Chapter 11 / Section 46A-11-4
Hearing on equalization of benefits--Determination by board--Revision procedure
Status: in_force

After a hearing on equalization of benefits, the board shall equalize and fix benefits, subject to revision, if necessary. If revision is necessary, notice and procedure shall be as required by § 46A-11-2 for equalization and fixing of benefits. If any moneys have been paid under an abandoned or invalid proportion of benefits, that shall be considered and an equitable adjustment shall be made in the next assessment.

Source: SDC 1939, § 61.1007; SDCL, § 46-21-4; SL 1985, ch 362, § 101.
S.D. Codified Laws § 46A-1-53 — SD Code / Title 46A / Chapter 1 / Section 46A-1-53
Agreement as to custody and disposition of moneys
Status: in_force

The provisions of § 46A-1-48 do not limit the power of the district to agree in connection with the issuance of any of its bonds as to the custody and the disposition of the moneys received from the sale of the bonds or from the income and revenues pledged or assigned to or in trust for the benefit of the holder of the bonds.

Source: SL 1972, ch 241, § 48; SDCL Supp, § 46-17A-47; SL 2011, ch 165, § 305.
S.D. Codified Laws § 46A-18-75 — SD Code / Title 46A / Chapter 18 / Section 46A-18-75
Vote required for dissolution--Winding-up procedure
Status: in_force

If less than sixty percent of the votes cast in the election are for dissolution of the district, the district shall continue in operation and there may not be another vote on dissolving the district for one year. If at least sixty percent of the votes cast are for dissolution, the directors shall immediately in writing notify the Board of Water and Natural Resources and all persons having claims against the district. The real and personal property of the district shall be sold by auction to the highest bidder, as arranged by the directors, after notice of the time, place, and method of conducting the auction has been published in legal newspapers of general circulation in each county that has land within the district for two consecutive weeks prior to the auction. The proceeds of the auction shall be applied to the outstanding obligations of the district. After all obligations have been met, the remaining funds, if any, shall be prorated back to the landowners in proportion to the latest assessment rolls. However, if the district, prior to dissolution, has received any grants or loans from any federal or state agency or the Legislature independently or in conjunction with any other power conferred by this chapter or has received from private owners or other sources, gifts, deeds, or instruments of trust or title relating to any form of property, the unused portion of the items shall be returned to the contributing entity or person. If the contributing entity or person will not accept a return or is no longer in existence or alive and no direction as to disposition upon dissolution was given by the contributor, the unused portion shall be deposited in the water and environment fund, established pursuant to § 46A-1-60 .

Source: SL 1984, ch 293, § 74; SL 1990, ch 366, § 19; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 1992, ch 254, § 8; SL 1995, ch 253, § 24.
S.D. Codified Laws § 46A-3B-2 — SD Code / Title 46A / Chapter 3B / Section 46A-3B-2
Number of directors--Qualifications
Status: in_force

A water development district having a population of twenty-five thousand or fewer must have five directors.

A district having a population greater than twenty-five thousand but not greater than seventy-five thousand must have seven directors.

A district having a population greater than seventy-five thousand must have nine directors.

Each director must be an eligible voter and reside in the director area represented. The Board of Water and Natural Resources shall divide the district into director areas. A director must be elected from each director area.

Source: SL 1984 (SS), ch 1, § 16; SL 1985, ch 356, § 2; SL 2008, ch 233, § 2, eff. Jan. 1, 2009; SL 2025, ch 186, § 21.
S.D. Codified Laws § 46A-10A-2 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-2
County drainage commission--Appointment--Filling vacancies--Majority required to act--Ex officio members
Status: in_force

The board of county commissioners of each county may appoint a commission of three or more members, the total membership of which shall always be an uneven number and at least one member of which shall be a member of the board, to be known as the county drainage commission. If a commission member resigns his or her position, is unable to fulfill the duties of the position, or is removed for cause under the provisions of § 46A-10A-3 , the board shall appoint a new member to the commission within thirty days. A commission may not conduct official business unless all memberships on the commission are filled and unless a majority of the members are present at a meeting of the commission. Administrative officials of the county may be appointed as ex officio members of the commission, but have no vote in commission matters.

Source: SL 1985, ch 362, § 3; SL 2011, ch 165, § 492.
S.D. Codified Laws § 46A-4-42 — SD Code / Title 46A / Chapter 4 / Section 46A-4-42
District appointed fiscal agent of United States to collect money for federal reclamation project--Additional bond required--Right to sue on bond
Status: in_force

If any district organized under this chapter is appointed fiscal agent of the United States or is authorized by the United States to make collections of money for and on behalf of the United States in connection with any federal reclamation project, the treasurer and each director shall execute an additional official bond in such sum as the secretary of the interior may require. The bond shall be conditioned for the faithful discharge of the duties of the office and the faithful discharge by the district of its duties as fiscal or other agent of the United States under any such appointment or authorization. The additional bonds shall be approved, recorded, and filed as provided in § 46A-4-41 for other official bonds, and any such additional bonds may be sued upon by the United States or any person injured by the failure of the officer or the district fully, promptly, and completely to perform their respective duties.

Source: SDC 1939, § 61.0804; SDCL § 46-12-41; SL 2011, ch 165, § 346.
S.D. Codified Laws § 46A-7-30 — SD Code / Title 46A / Chapter 7 / Section 46A-7-30
Assessments--Payment under protest, disposition of money
Status: in_force

When any person against whose property any assessment has been made shall pay such assessment under protest, as provided by law for general taxes, the board of directors of the irrigation district may pass upon and make orders disposing of the money so paid under protest to any county treasurer in the same form and manner as provided by law, and such proceedings shall be had as by such law provided insofar as the same is applicable.

Source: SDC 1939, § 61.0917; SDCL, § 46-15-30.
S.D. Codified Laws § 46A-10A-100 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-100
Election meeting--Appointments
Status: in_force

The board of county commissioners shall at their next session, set a date, time, and location for a meeting of district landowners to conduct an election to determine if a drainage district shall be governed by three trustees and shall enter an order to that effect. The election meeting shall be held within forty - five days from the date of the order. The board shall appoint from the landowners of the district a superintendent and two clerks of election to serve as an election board who shall convene the meeting, take minutes, and conduct the election.

Source: SL 1997, ch 256, § 3.
S.D. Codified Laws § 46-7-5 — SD Code / Title 46 / Chapter 7 / Section 46-7-5
Inspection of works by chief engineer--Order for repair of unsafe works--Repair by chief engineer--Costs--Filing of written protest--Hearing--Liability of chief engineer and state
Status: in_force

The chief engineer may inspect any works described in § 46-7-3 , including abandoned works, to determine whether the works are safe. If works are found to be unsafe, the chief engineer shall notify the owner and shall order the owner to make changes necessary to secure the safety of the works, allowing a reasonable time, not to exceed six months, for putting the works in a safe condition. The order may specify that if the owner fails to make the repairs in the time allowed, the chief engineer may enter the property and put the works in a safe condition. Any costs incurred shall be borne by the owner in accordance with § 46-7-5.1 . The owner may contest the order of the chief engineer by filing a protest in writing with the chief engineer within twenty days of the service of the order upon the owner. Upon receiving the protest, the chief engineer shall schedule the matter for hearing with the board in accordance with the provisions of chapter 46-2A . The filing of the written protest suspends the operation of the chief engineer's order until further action by the board. The board may affirm, modify, or reverse the order of the chief engineer. No owner of unsafe works as determined by the chief engineer or, after a protest and hearing, by the board may fail or refuse to make changes necessary to secure the works' safety pursuant to the order. The chief engineer, the state, or its employees do not incur any liability, either sovereign or personal, as a result of the duties imposed by this section or other provisions related to the inspection and repair, maintenance, or alteration of works or the notification to owners of unsafe conditions.

Source: SDC 1939, § 61.0130; SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0118; SL 1983, ch 314, § 119; SL 1987, ch 328, § 1A; SL 2011, ch 165, § 279.
S.D. Codified Laws § 46A-10A-55 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-55
Expenditure of county funds for application for coordinated drainage area--Assessment of costs from benefiting landowners
Status: in_force

The board is authorized to expend funds of the county, in the manner and to the extent permitted by law for other county expenditures, in the payment of necessary costs of preparation of petitions, surveys, maps, and applications submitted under the provisions of §§ 46A-10A-47 to 46A-10A-49 , inclusive. The board may assess, levy, and collect such costs from any landowner benefiting from a coordinated drainage area in the same manner as provided for construction of drains elsewhere in this chapter and chapter 46A-11 .

Source: SL 1985, ch 362, § 55; SL 1986, ch 379, § 8.
S.D. Codified Laws § 46-10-3.2 — SD Code / Title 46 / Chapter 10 / Section 46-10-3.2
Commencement of action for general adjudication--Service
Status: in_force

Except as provided in § 46-10-3.3 for actions in which the named defendants number one hundred or more, an action for general adjudication shall be commenced and service shall be made as in other civil cases.

Source: SL 1980, ch 305, § 8.
S.D. Codified Laws § 46-5-50 — SD Code / Title 46 / Chapter 5 / Section 46-5-50
Drip irrigation defined
Status: in_force

For purposes of § 46-5-51 , the term, drip irrigation, means a planned irrigation system in which water is applied directly to the root zone of plants by means of applicators, such as orifices, emitters, porous tubing, or perforated pipe, that are operated under low pressure and are placed on or below the surface of the ground.

Source: SL 1990, ch 358, § 1; SL 2011, ch 165, § 273.
S.D. Codified Laws § 46-1-6 — SD Code / Title 46 / Chapter 1 / Section 46-1-6
Definition of terms
Status: in_force

Terms used in this title mean:

(1) "Artesian water," any confined groundwater that is under sufficient pressure to rise above its confining bed;

(2) "Artesian well," any well drilled into artesian waters which flows naturally or is pumped by mechanical means;

(3) "Beneficial use," any use of water within or outside the state, that is reasonable and useful and beneficial to the appropriator, and at the same time is consistent with the interests of the public of this state in the best utilization of water supplies;

(4) "Board," the Water Management Board created by § 1-41-15 ;

(5) "Chief engineer," the officer employed pursuant to § 46-2-3 , or an authorized representative;

(6) "Department," the Department of Agriculture and Natural Resources;

(7) "Domestic use," use of water not exceeding eighteen gallons per minute on an average daily basis, except for larger domestic wells in operation before July 1, 1983, by an individual, or by a family unit or household, for drinking, washing, sanitary, and culinary purposes and other ordinary household purposes; irrigation of a noncommercial family garden, trees, shrubbery, or orchard not greater in area than one acre; eighteen gallons per minute or less for uses in schools, parks, and other public recreation areas; geothermal heat for a single household; or noncommercial on-farm alcohol production. The use of water supplied by a water distribution system for the preceding purposes, for the occupants of schools, hospitals, and other custodial care facilities and for fire protection is a domestic use as against appropriative rights having a priority after June 30, 1978. Stock watering is a domestic use. Use of water not exceeding eighteen gallons per minute on an average daily basis for livestock in a confinement operation, including water for drinking, sanitary and general welfare purposes and for like purposes by those caring for the livestock, is a domestic use. Use of groundwater by water distribution systems, except for irrigation purposes is a domestic use except where groundwater and water in flowing streams constitute the same water supply source, but only to the extent the water was actually used before July 1, 1978;

(8) "Dry draw," any ravine or watercourse not having an average daily flow of at least four-tenths cubic feet per second (twenty miner's inches) of water during the period May first to September thirtieth, inclusive, except for a body of water such as a natural or publicly owned lake;

(9) "Energy industry use," the use of water in an amount in excess of one thousand acre-feet per year as a medium for carrying coal or other energy minerals, or in the extraction or refining of energy minerals;

(10) "Energy industry user," a natural person, firm, partnership, limited liability company, association, syndicate, corporation, joint venture, public entity, or state or federal agency using or supplying water for energy industry use;

(11) "Energy minerals," energy minerals as that term is defined in § 10-39A-1.1 ;

(12) "Groundwater," water under the surface, whatever may be the geologic reservoir in which it is standing or moving;

(13) "Large capacity well," a well capable of delivering water in excess of four one-hundredths cubic feet per second or eighteen gallons per minute;

(14) "Municipal use," the use of water by the state through its institutions, facilities, and properties or by a municipality, and, with regard to municipal rights having a priority before July 1, 1978, by the inhabitants of the municipality, for household, custodial care, and fire protection purposes, whether supplied by the government or by a privately owned public utility or other agency, primarily to promote the life, safety, health, comfort, and business pursuits of the state, municipality and the inhabitants of the municipality. The term does not include the irrigation of crops on a commercial scale, even within the limits of the state institution, facility, property, or municipality, nor does it include large recreational uses such as lakes;

(15) "Person," a natural person, a partnership, an association, a corporation, a municipality, the State of South Dakota, any political subdivision of the state, and any agency of the federal government;

(16) "Secretary," the secretary of the Department of Agriculture and Natural Resources;

(17) "Water distribution system," a system of piping, valves, storage tanks, pumps, and appurtenances by which water is conveyed for domestic or municipal use by a common distribution system, including a municipality as defined in § 9-1-1 , a nonprofit rural water supply company as defined in § 10-36A-1 , a water user district as defined in § 46A-9-2 , a sanitary district as defined in chapter 34A-5 , or homes, including mobile homes as defined in § 32-3-1 , and manufactured homes as defined in § 34-34A-1.1 supplied by a common distribution system;

(18) "Well," an artificial excavation or opening in the ground, made by means of digging, boring, drilling, jetting, or by any other artificial method, for the purpose of obtaining groundwater. Any series of openings, borings, or drillings developed and pumped collectively by a single pump unit shall be considered as one well;

(19) "Well driller," any person or persons engaged in the commercial drilling or construction, redrilling, and rebuilding of wells in this state.

Source: SL 1955, ch 430, § 1; SL 1955, ch 431, § 1; SDC Supp 1960, §§ 61.0102, 61.0401 (1) to (9); SL 1966, ch 259, § 2; SL 1972, ch 237, §§ 3, 4; SL 1973, ch 279, § 1; SL 1978, ch 314, §§ 1, 2; SL 1981 (2d SS), ch 1, §§ 2, 8; SL 1982, ch 309, § 2; SL 1983, ch 314, §§ 3 to 8; SL 1987, ch 324; SL 1989, ch 382; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 1994, ch 351, § 111; SL 2012, ch 213, § 1; SL 2021, ch 1 (Ex. Ord. 21-3), §§ 14, 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 46A-6-35 — SD Code / Title 46A / Chapter 6 / Section 46A-6-35
Pleading to petition of board of directors for confirmation of issue and sale of bonds--Law governing
Status: in_force

Any person interested in the district, or in the issue or sale of the bonds, may answer or otherwise plead to the petition. The provisions of law respecting such pleading to a complaint shall be applicable to a pleading to the petition. The person so pleading to the petition shall be the defendant to the special proceeding and the district shall be the plaintiff. Every material statement of the petition not especially controverted by the answer must for the purpose of such special proceeding be taken as true; and each person failing to answer the petition shall be deemed to admit as true all the material statements of the petition; the rules of pleading and practice provided by law, which are not inconsistent with the provisions of this chapter, are applicable to the special proceeding provided for herein.

Source: SDC 1939, § 61.0844; SDCL, § 46-14-34.
S.D. Codified Laws § 46A-14-74 — SD Code / Title 46A / Chapter 14 / Section 46A-14-74
Funds of district--Deposit by secretary-treasurer in approved depository--Warrants
Status: in_force

All funds of the district shall be deposited by the district secretary - treasurer in a depository designated and approved by the managers at a regular meeting, and all warrants as provided for in § 46A-14-75 , shall be drawn on the watershed district.

Source: SL 1957, ch 492, § 32; SL 1959, ch 452, § 26; SDC Supp 1960, § 61.1532; SDCL, § 46-24-73.
S.D. Codified Laws § 46A-10A-34 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-34
Adjudication functions of commission or board
Status: in_force

A board may provide for appointment of its drainage commission to serve as a board of resolution and, under the regulations and controls adopted pursuant to this chapter, may provide that the board of resolution in individual cases may make, upon an affirmative vote of three - fourths of the full membership of the board of resolution, special exceptions or variances to any official controls and may reach decisions in individual drainage disputes between landowners, consistent with the provisions of § 46A-10A-20 . The board may constitute itself as the board of resolution. The board may further provide that specified types or categories of drainage disputes may not be heard by the board of resolution. A drainage dispute which is not within the jurisdiction of the board of resolution shall be taken directly to the circuit court of the county wherein the conflict exists.

Source: SL 1985, ch 362, § 34; SL 1986, ch 380; SL 1997, ch 256, § 26.
S.D. Codified Laws § 46A-1-30 — SD Code / Title 46A / Chapter 1 / Section 46A-1-30
Purposes for bond issuance
Status: in_force

The district may issue bonds authorized by the Legislature pursuant to § 46A-1-29 or by § 46A-1-31 for the following purposes, which are hereby determined to be in the public interest and to constitute lawful and public purposes:

(1) To acquire, construct, plan, or arrange for acquisition and construction of any one project, or more than one;

(2) To issue bonds to effectuate § 46A-2-16 ;

(3) To refund bonds heretofore and hereafter issued, including the refunding of bonds in advance of their call or maturity date. The refunding bonds may be partially or wholly secured by and payable from obligations of the United States government or the income from such obligations;

(4) To fund a debt service reserve for the bonds;

(5) To provide for capitalized interest during the estimated construction period of the projects and for a period of one year thereafter;

(6) For any of the preceding purposes;

(7) To enter into financing agreements to make loans pursuant to § 46A-1-49 ;

(8) To provide for the payment of the costs of issuance of the bonds. At no time may district indebtedness exceed the aggregate indebtedness authorized by the Legislature pursuant to § 46A-1-29 , plus any additional amount authorized by that section, less the cumulative regular amortization payments made on each bond issue, except as specifically provided by § 46A-1-31 . The bonds shall be authorized by resolution of the Board of Water and Natural Resources. The resolution may provide that any signatures, other than the authentication signature of the trustee, on the bonds may be printed, lithographed, engraved, or otherwise reproduced on the bond;

(9) To purchase or otherwise finance or provide for the purchase or payment of loans made by the United States Department of Agriculture, as provided in § 46A-1-31 ;

(10) To purchase or otherwise finance or provide for the purchase or payment of bonds or other obligations of any public entity or person in connection with the water pollution control revolving fund program and the drinking water revolving fund program, as provided in § 46A-1-31 .

Source: SL 1972, ch 241, § 32; SL 1976, ch 282, § 1; SL 1977, ch 369, § 2; SL 1977, ch 377, § 2; SL 1980, ch 310, § 7; SL 1981 (2d SS), ch 1, § 18; SDCL Supp, § 46-17A-31; SL 1988, ch 363, § 1; SL 1989, ch 385, § 20; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 1994, ch 347, § 1; SL 2011, ch 165, § 294.
S.D. Codified Laws § 46A-6-36 — SD Code / Title 46A / Chapter 6 / Section 46A-6-36
Contract with United States amendatory of individual water right contracts--Exception
Status: in_force

If an irrigation district organized under the laws of this state enters into a contract with the United States for the payment of charges due the United States in connection with a federal reclamation project, and the district contract is inconsistent in any respect with the individual water right contracts between the United States and the landowners of the district, the district contract will be taken as amendatory of individual water right contracts affecting district land, the owners, mortgagees, or lienors of which fail to answer the petition. However, the contract entered into with the United States, providing for a different deficiency assessment, shall be approved by a majority vote of the owners of land at an election properly called for such purpose.

Source: SDC 1939, § 61.0844; SDCL § 46-14-35; SL 2011, ch 165, § 405.
S.D. Codified Laws § 46-2-14 — SD Code / Title 46 / Chapter 2 / Section 46-2-14
Experimental and observation stations
Status: in_force

The Water Management Board may establish experimental and observation stations, including observation wells and stream gauging stations, wherever they may be beneficial.

Source: SL 1983, ch 314, § 29.
S.D. Codified Laws § 46A-15-11 — SD Code / Title 46A / Chapter 15 / Section 46A-15-11
Missouri River cost recovery authority established--Recommendation of options by authority--Limits on recommended options
Status: in_force

There is hereby established the Missouri River cost recovery authority to evaluate, analyze, and recommend options, including, but not limited to, state - financed upgrading of Pick - Sloan hydroelectric power generation facilities, integration into the Pick - Sloan program of Missouri River riverside irrigation projects and state - financed development of hydroelectric pumped storage facilities, such as the Gregory County hydroelectric pumped storage facility, under the Missouri River cost recovery program for providing revenues to the state. However, any option recommended by the authority may not result in increased rates for consumers of existing federal hydropower, may not affect the eligibility under federal law for existing hydropower, and may not impair long - term wholesale power supply contracts.

Source: SL 1988, ch 369, § 7.
S.D. Codified Laws § 46A-1-13 — SD Code / Title 46A / Chapter 1 / Section 46A-1-13
Presentation of cost data to Governor and Legislature--Requests for financing authorization
Status: in_force

The Board of Water and Natural Resources shall present the findings of benefits, costs, cost - sharing, and other pertinent factors to the Governor and the Legislature, and shall request legislative appropriations and other means of financing state government's share of the costs of the water facilities as may be authorized by the Legislature for construction.

Source: SL 1972, ch 241, § 19; SDCL Supp, § 46-17A-18.
S.D. Codified Laws § 46-2-19 — SD Code / Title 46 / Chapter 2 / Section 46-2-19
Chief engineer's authority to enter property
Status: in_force

The chief engineer, in the performance of duties under this title, may enter upon the lands of any person making appropriative use of the waters of the state after the chief engineer has made a reasonable attempt to notify the owner or possessor of the property of the entry. This section does not apply to entry into a house or the curtilage of a home.

Source: SL 1983, ch 314, § 34; SL 2011, ch 165, § 257.
S.D. Codified Laws § 46A-10A-45 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-45
Mandamus proceedings authorized
Status: in_force

Any taxpayer of a county may institute mandamus proceedings in circuit court to compel performance by the proper official or officials of any nondiscretionary duty required by this chapter and by any ordinance adopted thereunder.

Source: SL 1985, ch 362, § 45.
S.D. Codified Laws § 46A-14-86 — SD Code / Title 46A / Chapter 14 / Section 46A-14-86
Public hearing--Publication of notice
Status: in_force

Before action by the State Conservation Commission as provided in § 46A-14-85 , a public hearing open to all eligible voters in the watershed district shall be held by the commission to determine public feeling within the district. The district board may conduct an informal vote to determine voter opinion on dissolution if the board feels a vote is necessary. Notice of the meeting shall be published by the watershed district board in the major newspaper in the district at least once a week for at least two weeks before the meeting.

Source: SL 1980, ch 312, § 6; SDCL Supp, § 46-24-82.3; SL 2013, ch 228, § 57.
S.D. Codified Laws § 46A-10A-43 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-43
Drainage district continuation and dissolution--County plan to include districts, vested rights and plans or projects of local government units and coordinated drainage areas
Status: in_force

Any drainage district established under the laws of this state that has functioned in its capacity as a drainage district within three years prior to July 1, 1985 or that has assessed real property in its capacity as a drainage district within three years prior to July 1, 1985 shall be allowed to continue in that status. However, the landowners in such existing drainage district may choose by majority vote at a general election under the general election laws of this state to dissolve in order to join one or more drainage projects or drainage methods or to become or join a coordinated drainage area. Any county drainage plan shall include functioning drainage districts, vested rights described in § 46A-10A-31 , the drainage plans or projects of a unit of local government and existing coordinated drainage areas formed pursuant to § 46A-10A-47 .

Source: SL 1985, ch 362, § 43.
S.D. Codified Laws § 46A-1-60.2 — SD Code / Title 46A / Chapter 1 / Section 46A-1-60.2
Disbursements from and administration of water pollution control revolving fund program and state drinking water revolving fund program--Sections46A-1-61to46A-1-69inapplicable
Status: in_force

Funds from the state water pollution control revolving fund program and the state drinking water revolving fund program shall be disbursed and administered according to rules promulgated by the Board of Water and Natural Resources pursuant to chapter 1-26 , § 46A-1-65 and the provisions of §§ 46A-1-60 to 46A-1-60.3 , inclusive. Sections 46A-1-61 to 46A-1-69 , inclusive, do not apply to the subfund of the water and environment fund or loans therefrom pursuant to the state water pollution control revolving fund program and the drinking water revolving fund program described in §§ 46A-1-60 to 46A-1-60.3 , inclusive.

The board shall promulgate rules pursuant to chapter 1-26 , to implement the provisions of this section consistent with the requirements of federal law in order for an approved state water pollution control revolving fund or a state drinking water revolving fund to become eligible for grant funds from the United States Environmental Protection Agency.

Source: SL 1988, ch 364, § 2; SL 1989, ch 385, § 25; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 1992, ch 254, § 8; SL 1993, ch 256, § 62; SL 1994, ch 347, § 5; SL 1995, ch 251, § 30.
S.D. Codified Laws § 46A-3D-11 — SD Code / Title 46A / Chapter 3D / Section 46A-3D-11
Designation of official newspaper
Status: in_force

A water development district board of directors shall annually designate a newspaper of general circulation within the district as the official newspaper of the district.

Source: SL 1984 (SS), ch 1, § 43; SL 2025, ch 186, § 49.
S.D. Codified Laws § 46A-3C-6 — SD Code / Title 46A / Chapter 3C / Section 46A-3C-6
Elections--Conduct--Promulgation of rules
Status: in_force

Any election held to carry out the purposes of chapters 46A-3A to 46A-3E , inclusive, must be conducted, canvassed, recounted, and contested in the same manner as other elections under state law, except as otherwise provided in this section.

If details concerning the conduct, canvassing, recounting, or contest of an election are not set forth within chapters 46A-3A to 46A-3E , inclusive, and the general election laws are not applicable, the Board of Water and Natural Resources must promulgate rules, pursuant to chapter 1-26 , to:

(1) Carry out the intent of chapters 46A-3A to 46A-3E , inclusive, with respect to elections; and

(2) Provide for the submission to an election of any matter that is subject to a vote, in accordance with chapters 46A-3A to 46A-3E , inclusive.

Source: SL 1984 (SS), ch 1, § 29; SL 1987, ch 328, § 3; SL 1993, ch 256, § 68; SL 2025, ch 186, § 38.
S.D. Codified Laws § 46A-14-57 — SD Code / Title 46A / Chapter 14 / Section 46A-14-57
Annual payments by municipality to district in lieu of tax or special assessment levies--Favorable vote by voters of municipality required
Status: in_force

In lieu of tax or special assessment levies in municipalities, the managers and the governing boards of municipalities may enter into contracts for annual payments by the municipality to the district. The governing boards shall include amounts sufficient to cover the annual payments to the district in the annual appropriations of the municipalities. If contractual commitments between a district and a municipality are to meet in part obligations imposed by a contract or other agreement between the district and an agency of the United States, the commitments on behalf of a municipality shall be a continuing annual obligation during the life of the contract between the district and the United States in the same manner as though the municipality had entered into the contract or agreement with the United States under provisions of § 9-36-15 or 9-43-137 . In no case may the governing board of a municipality execute a contract or agreement with the managers of a district until a favorable vote by the voters of the municipality has been obtained in order that claims for payment may be paid by the municipality under provisions of § 9-42-2 .

Source: SL 1957, ch 492, § 23; SL 1959, ch 452, § 18; SDC Supp 1960, § 61.1523 (5)(b); SDCL § 46-24-56; SL 1970, ch 20, § 1 (4); SL 1992, ch 60, § 2; SL 2013, ch 228, § 42.
S.D. Codified Laws § 46A-10A-35 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-35
Appeals from commission and board--Time allowed--Commencing action in circuit court
Status: in_force

Any decision reached by a commission in order to settle a conflict involving drainage between landowners may be appealed to the board. Any board decision may be appealed or further appealed to the circuit court of the county wherein the conflict arose. An appeal under this section shall be commenced within twenty days of the decision being appealed. The provisions of this section notwithstanding, landowners may take a drainage conflict directly to the circuit court of the county wherein the conflict exists.

Source: SL 1985, ch 362, § 35.
S.D. Codified Laws § 46A-4-30 — SD Code / Title 46A / Chapter 4 / Section 46A-4-30
Election not required where no question or contest--Retention of office by incumbent
Status: in_force

If there is no question to be submitted to the electors and if only one nominating petition for any vacancy to be filled has been filed, then no election may be held to fill the vacancy; and the secretary shall issue a certificate of election to the nominee in the same manner as to a successful candidate after election. If no nominating petition has been filed, the incumbent is entitled to remain in office for an additional term.

Source: SDC 1939, § 61.0805; SL 1947, ch 417, § 3; SDCL § 46-12-28; SL 1984, ch 294, § 27; SL 1987, ch 332, § 2; SL 2011, ch 165, § 339.
S.D. Codified Laws § 46A-13-20 — SD Code / Title 46A / Chapter 13 / Section 46A-13-20
Hearing on proposed improvement of interstate drainage project--Notice, publication and posting, description of plan, summoning of interested persons
Status: in_force

Notice of such hearing shall be given by publication for two consecutive issues in a legal weekly newspaper of each county affected by the proposed improvement, and by posting copies of such notice in at least three public places near the route of the proposed drainage within the drainage district. Such notice shall describe the location and plan of the proposed drainage improvement and the tract of country likely to be affected thereby in general terms, the separate tracts of land, if any, through which the proposed improvement will pass or be located, and give the names of the owners thereof as appears from the records of the office of the register of deeds at the date of the filing of the petition, and shall refer to the files in the proceedings for further particulars. Such notice shall summon and require all persons affected by the proposed improvement to appear at such hearing and show cause why such improvement should not be established and constructed, and shall summon all persons deeming themselves damaged by the proposed drainage or claiming compensation for the lands proposed to be taken or damaged by such improvement to present their claims therefor at such hearing.

Source: SDC 1939, § 61.1108; SDCL, § 46-23-20.
S.D. Codified Laws § 46A-4-89 — SD Code / Title 46A / Chapter 4 / Section 46A-4-89
Rejection of bids for purchase of property--Private negotiations for sale--Deferred payments--Lien--Foreclosure
Status: in_force

The board of directors may reject any bids that are not, in the judgment of the board, a fair and just consideration for the property. After bids are thus rejected by the board, the board may by private negotiations with any person sell and convey by deed, executed by the board, all of the property for part cash and part in deferred payments, bearing the same interest as the bonded indebtedness of the district. If the district has no bonded indebtedness, the interest upon the deferred payments shall be as agreed upon by the board and the purchaser, not exceeding the rate allowed by law. The deferred payments are a lien upon all the property thus sold by the board and have the same force and effect as a mortgage against the property and may, when due, be foreclosed in the manner provided by law for the foreclosure of mortgages.

Source: SDC 1939, § 61.0848; SDCL § 46-12-84; SL 2011, ch 165, § 372.
S.D. Codified Laws § 46A-1-102 — SD Code / Title 46A / Chapter 1 / Section 46A-1-102
Disbursement and administration of money from subfunds--Rules--Application of provisions
Status: in_force

Money from the brownfields revitalization and economic development program subfunds shall be disbursed and administered according to rules promulgated by the Board of Water and Natural Resources pursuant to chapter 1-26 , § 46A-1-65 , and the provisions of §§ 46A-1-100 to 46A-1-106 , inclusive. The provisions of §§ 46A-1-61 to 46A-1-69 , inclusive, do not apply to the brownfields revitalization and economic development program subfunds of the water and environment fund or grants and loans from the subfunds made under the brownfields revitalization and economic development program described in §§ 46A-1-101 to 46A-1-104 , inclusive.

Source: SL 2004, ch 275, § 3.
S.D. Codified Laws § 46A-18-50 — SD Code / Title 46A / Chapter 18 / Section 46A-18-50
Assessed valuation
Status: in_force

The assessed valuation for district tax purposes shall be the same assessed valuation that is used for general county levies.

Source: SL 1984, ch 293, § 49.
S.D. Codified Laws § 46A-10A-9.3 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-9.3
Recommendation, notice, and hearing before Water Management Board--Cost of publication--Implementation
Status: in_force

If efforts under § 46A-10A-9.2 to develop voluntary joint county drainage activities or official controls are unsuccessful, the chief engineer shall prepare a recommendation concerning joint county drainage activities or official controls. The recommendation, notice and hearing before the Water Management Board shall be conducted pursuant to the procedure contained in chapter 46-2A . Any cost of publication shall be borne by the affected counties. Following the hearing, the Water Management Board shall, by order, require any affected board to implement any action which the Water Management Board deems necessary for the effective drainage of land in the affected counties. The Water Management Board may require any action or official control which a board could properly institute pursuant to the provisions of this chapter.

Source: SL 1987, ch 336, § 4.
S.D. Codified Laws § 46-4-1 — SD Code / Title 46 / Chapter 4 / Section 46-4-1
Dry-draw on agricultural lands--Right to construct dam--Right or permit for dam on stream or dry-draw subject to prior appropriation
Status: in_force

Upon compliance with § 46-4-3 , any person who has or holds any possession, right or title to any agricultural lands may construct a dam across a dry - draw without obtaining a permit to appropriate water unless the dam will impound more than twenty - five acre feet of water. Any water right or permit for a dam on a stream or a dry - draw for domestic or other use is subject to the doctrine of prior appropriation.

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, § 1.
S.D. Codified Laws § 46A-16-7 — SD Code / Title 46A / Chapter 16 / Section 46A-16-7
Orders to further purposes of chapter
Status: in_force

The South Dakota-Minnesota Boundary Waters Commission may make orders necessary to further the purposes of this chapter.

Source: SL 1939, ch 294, § 2; SDC Supp 1960, § 55.5302 (3); SDCL § 46-29-6; SL 2011, ch 165, § 539.
S.D. Codified Laws § 46A-9-24 — SD Code / Title 46A / Chapter 9 / Section 46A-9-24
Members of board of directors succeeding original board--Nomination and election--Term of office
Status: in_force

After the qualification of the original board, members to succeed those in the three groups provided for in § 46A-9-8 , respectively, and to fill unexpired terms, shall be nominated and elected and shall take office, subject to the provisions of this chapter. Prior to May first of each year, on dates established by the board, an election shall be held to elect directors to succeed those whose terms are about to expire. Newly elected directors shall assume office at the first board meeting following their election and shall continue for a period of three years thereafter and until a successor is duly elected and qualified. Election of directors shall be conducted as provided by §§ 46A-9-25 to 46A-9-29 , inclusive.

Source: SL 1939, ch 291, § 5; SDC Supp 1960, § 61.1305 (1), (2); SDCL, § 46-16-23; SL 1997, ch 255, § 6.
S.D. Codified Laws § 46A-4-31 — SD Code / Title 46A / Chapter 4 / Section 46A-4-31
Notices of election after organization of district--Publication and posting
Status: in_force

Before any election held subsequent to the organization of the district, the secretary of the board of directors shall publish notice of the time and place of the election once each week for at least two consecutive weeks prior to the election. The second publication shall be at least thirty days prior to the election. The notice shall be published in an official newspaper in each county where a portion of the district lies as designated by the board of directors. The secretary shall also post the notice in the office of the district.

Source: SDC 1939, § 61.0805; SL 1947, ch 417, § 3; SDCL, § 46-12-29; SL 1977, ch 367; SL 1984, ch 294, § 28.
S.D. Codified Laws § 46-7-5.4 — SD Code / Title 46 / Chapter 7 / Section 46-7-5.4
Definition of terms
Status: in_force

Terms used in §§ 46-7-5.5 to 46-7-5.11 , inclusive, mean:

(1) "Affidavit," a written declaration under oath, made on personal knowledge, subscribed and dated by the owner in the presence of a notary public;

(2) "Flood plain," an area below the dam that has been or may be covered with water from natural runoff or from any failure of the dam;

(3) "High - hazard dam," a dam whose failure may cause loss of life; and

(4) "Immediate family," the owner, the owner's spouse, and their minor children.

Source: SL 1990, ch 357, § 1.
S.D. Codified Laws § 46A-3D-3 — SD Code / Title 46A / Chapter 3D / Section 46A-3D-3
Records required of districts--Public inspection--Publication
Status: in_force

A water development district board of directors shall keep board meeting minutes and records and books of the operations, management, and business of the district. The minutes, records, and books must be kept at the principal place of business and be open to public inspection during reasonable business hours. The minutes must be distributed to the official newspaper of the district.

Source: SL 1984 (SS), ch 1, § 35; SL 2020, ch 196, § 3; SL 2025, ch 186, § 41.
S.D. Codified Laws § 46A-10A-118 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-118
Assessment on real property
Status: in_force

Any assessment on real property for the purposes set forth in §§ 46A-10A-98 to 46A-10A-123 , inclusive or chapter 46A-11 is not subject to any real property tax freeze assessment under the provisions of chapter 10-6 or 10-6A .

Source: SL 1997, ch 256, § 21.
S.D. Codified Laws § 46A-3B-11 — SD Code / Title 46A / Chapter 3B / Section 46A-3B-11
Annual meeting--Board officers elected--Treasurer appointment, bonded--Voting
Status: in_force

Each water development district board of directors shall hold an annual meeting in January. At the annual meeting, the directors shall elect from among themselves a chair, a vice chair, and a secretary. Each officer elected in accordance with this section shall hold office until the next annual meeting or until a successor has been elected.

Each board of directors shall appoint a treasurer who may be a director and who shall serve at the pleasure of the board. The treasurer must be bonded in an amount determined by the board.

The chair, vice chair, secretary, and treasurer constitute the officers of the board of directors. The treasurer has voting privileges only if the treasurer is a director.

Source: SL 1984 (SS), ch 1, § 31; SL 2011, ch 165, § 327; SL 2025, ch 186, § 31.
S.D. Codified Laws § 46A-9-68 — SD Code / Title 46A / Chapter 9 / Section 46A-9-68
Fiscal year--Audit of financial affairs by board of directors, filing of written report
Status: in_force

The fiscal year of the water user district shall coincide with the calendar year. The board of directors, at the close of each year's business, shall cause an audit of the books, records, and financial affairs of the district to be made by an experienced public accountant, copies of a written report of which audit, certified to by said auditors, shall be placed and kept on file at the principal place of business of the district and shall be filed with the secretary of state.

Source: SL 1939, ch 291, § 6; SDC Supp 1960, § 61.1306; SDCL, § 46-16-66.
S.D. Codified Laws § 46A-9-85 — SD Code / Title 46A / Chapter 9 / Section 46A-9-85
Director or employee benefit from contract authorized
Status: in_force

The board may authorize a director, or an employee of the water user district whose responsibilities include approving, awarding, or administering a contract on behalf of the district, to be a party to a contract or derive a direct benefit from a contract with the district, if:

(1) The person provides a written disclosure of the person's interest to the board;

(2) The board reviews the terms of the contract and the person's obligations and benefits under the contract;

(3) The board determines that the contract is fair and reasonable to the district and not contrary to the public interest; and

(4) The board adopts a resolution of approval that is in written form and retained as a public record.

Source: SL 2023, ch 152, § 1.
S.D. Codified Laws § 46A-1-1 — SD Code / Title 46A / Chapter 1 / Section 46A-1-1
Legislative findings and policy
Status: in_force

The general health, welfare, and safety of the people of the State of South Dakota are dependent upon the conservation, development, management, and optimum use of all this state's water resources. To achieve this objective it is essential that a coordinated, integrated, multiple use water resource policy be formulated and a plan developed to activate this policy as rapidly as possible. It is in the public interest that these functions be carried out through a coordination of all state agencies and resources.

Source: SL 1972, ch 241, § 2; SL 1981 (2d SS), ch 1, § 17; SDCL Supp, § 46-17A-1 ; SL 1983, ch 321.
S.D. Codified Laws § 46A-13-7 — SD Code / Title 46A / Chapter 13 / Section 46A-13-7
Organization of commission--Time--Officers--Costs
Status: in_force

The commissioners shall, within ten days after their appointment, meet at some convenient place within the drainage district and elect one of their members as chair. They shall appoint the county auditor of one of the counties having territory included within the district clerk of the commission, whose duties are to keep and preserve the records of the commission in his or her office and to act generally as the clerical officer of the commission. Thereafter, the office of the county auditor is the office of the drainage commission. The board of county commissioners of the county shall provide additional help and facilities necessary for the auditor to act as clerk of the commission. The cost of the additional help and facilities shall be ascertained by the commission, and included as part of the cost of the drainage proceeding conducted by the commission, and shall be collected by the commission and repaid to the county. The filing of any petition, report, or document with the county auditor for all purposes of this chapter is deemed a filing with the commission.

Source: SDC 1939, § 61.1104; SDCL § 46-23-7; SL 2011, ch 165, § 507.
S.D. Codified Laws § 46A-1-42 — SD Code / Title 46A / Chapter 1 / Section 46A-1-42
Bonds not a state obligation--Payment restricted to revenues
Status: in_force

Any bonds issued pursuant to this chapter are obligations of the district payable only in accordance with the terms of the bonds and are not obligations general, special, or otherwise, of the State of South Dakota. Such bonds do not constitute a debt, legal or moral, of the State of South Dakota, and are not enforceable against the state. Payment of the bonds is not enforceable out of any funds of the district other than the income and revenues pledged and assigned to, or in trust for the benefit of, the holder or holders of the bonds.

Source: SL 1972, ch 241, § 41; SDCL Supp, § 46-17A-40; SL 2011, ch 165, § 301.
S.D. Codified Laws § 46A-1-45 — SD Code / Title 46A / Chapter 1 / Section 46A-1-45
Sale of bonds--Procedure and price
Status: in_force

All bonds issued under this chapter shall be sold in a manner and for a price or prices as the district shall determine.

Source: SL 1972, ch 241, § 44; SL 1980, ch 310, § 11; SDCL Supp, § 46-17A-43; SL 1988, ch 363, § 3.
S.D. Codified Laws § 46A-1-13.4 — SD Code / Title 46A / Chapter 1 / Section 46A-1-13.4
Authorization of Mni Wiconi rural system--Loans--Accrual of interest
Status: in_force

Pursuant to §§ 46A-1-11 to 46A-1-13 , inclusive, construction of a two hundred sixty - three million two hundred forty - one thousand dollar ($263,241,000) Mni Wiconi Rural Water System as generally described in the report "Mni Wiconi Rural Water Supply Project Final Engineering Report" dated May 21, 1993, is hereby authorized for the purpose of providing safe and adequate municipal, rural, and industrial water supplies as well as promoting benefits to fish and wildlife and the natural environment of South Dakota on the Pine Ridge Indian Reservation, the Rosebud Indian Reservation, the Lower Brule Indian Reservation and in the counties of Stanley, Haakon, Lyman, Jones, Jackson, Mellette, and Pennington.

The Legislature finds that it is in the best interest of the Mni Wiconi Rural Water System to provide the nonfederal matching requirements as enumerated in P.L. 100-516 as amended on January 1, 1995, through the State Water Resources Management System revolving loan program. Therefore, all grants authorized for expenditure out of the South Dakota Water and Environment for the Mni Wiconi Rural Water System since January 1, 1989, shall convert to loans.

The Board of Water and Natural Resources may provide loans under the State Water Resources Management System revolving loan program in amounts not to exceed a total of twelve million nine hundred one thousand eight hundred dollars ($12,901,800) to the Mni Wiconi Rural Water System to provide the nonfederal matching requirements for the West River Rural Water System component and the Lyman-Jones Rural Water System component as enumerated in P.L. 100-516 as amended on January 1, 1995. No disbursements may be made under the loans authorized by this section unless funds are appropriated by the Legislature in conformance with § 46A-1-61 .

Notwithstanding the provisions of § 46A-1-66 no interest may accrue until the Board of Water and Natural Resources certifies the completion of the construction of the project as authorized. The initial loan repayment shall be due and payable one year following the certification of construction completion. Loan terms and conditions shall be set by the Board of Water and Natural Resources.

The loans authorized by this section may be increased or decreased by such amounts as may be justified by reason of ordinary fluctuations in development costs incurred after October 1, 1992, as indicated by engineering costs indices applicable for the type of construction involved.

Source: SL 1992, ch 254, § 13; SL 1995, ch 251, § 28.
S.D. Codified Laws § 46A-10A-5 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-5
Compensation of members
Status: in_force

Per diem and expenses of a county drainage commission shall be established by the board of county commissioners and paid by the county.

Source: SL 1985, ch 362, § 6.
S.D. Codified Laws § 46A-7-37 — SD Code / Title 46A / Chapter 7 / Section 46A-7-37
Delinquent assessments--Sales of land, bidding in by board of directors, striking off land to district, certificate of tax sale
Status: in_force

At all sales of all lands for delinquent taxes where all, or a portion, of such delinquent taxes are taxes and assessments levied and assessed by any irrigation district against the lands to be sold, the directors, if there be no other bidder for such land at such tax sale, may bid therefor the total amount of all delinquent taxes and assessments, penalty, and interest against such land, and thereupon the county treasurer shall strike off said lands to such irrigation district and issue certificate of tax sale to said irrigation district the same as such certificates of tax sales are issued to other purchasers.

Source: SDC 1939, § 61.0912; SDCL, § 46-15-37.
S.D. Codified Laws § 46A-13-17 — SD Code / Title 46A / Chapter 13 / Section 46A-13-17
Agreement of commission and representatives of adjoining state as to amount of costs to be borne by property within the respective states--Hearings
Status: in_force

Upon the filing of a copy of the viewers' report with the commission of the drainage district, the commission and the proper representatives of any adjoining state shall agree upon the proportionate amount of the cost of the improvement that shall be borne by the property located within the respective states, which shall be according to the benefits received. For the purpose of arriving at the determination of costs and benefits, the commission, with or without the representatives of any adjoining state, may hold hearings. From all the information obtained from the report of the viewers and from the hearings, the commission shall arrive at and agree with the representatives of any adjoining state upon the proportionate amount of the cost of the improvement to be borne by the property located within the drainage district, and shall enter the determination of record.

Source: SDC 1939, § 61.1107; SDCL § 46-23-17; SL 2011, ch 165, § 513.
S.D. Codified Laws § 46A-16-14 — SD Code / Title 46A / Chapter 16 / Section 46A-16-14
Concurrence of Minnesota necessary to make chapter effective
Status: in_force

This chapter shall become effective immediately after the passage of an act in substantial conformance herewith by the Legislature of Minnesota.

Source: SL 1939, ch 294, § 7; SDC Supp 1960, § 55.5307; SDCL, § 46-29-13.
S.D. Codified Laws § 46A-4-64 — SD Code / Title 46A / Chapter 4 / Section 46A-4-64
Redivision of district following inclusion of land--Election precints
Status: in_force

In case of the inclusion of any land within any district by proceedings under this chapter, the board of directors shall, at least thirty days before the next succeeding general election, make an order redividing the district into three, five, or seven divisions, as nearly equal in size as may be practicable. The divisions shall be numbered, and one director shall thereafter be elected by each division. For the purposes of elections the board of directors shall establish a convenient number of election precincts in the district and define the precinct boundaries. The precincts may be changed from time to time as the board deems necessary.

Source: SDC 1939, § 61.0829; SDCL § 46-12-63; SL 2011, ch 165, § 359.
S.D. Codified Laws § 46A-9-1 — SD Code / Title 46A / Chapter 9 / Section 46A-9-1
Purpose of chapter
Status: in_force

Conservation of the state's water resources is hereby declared to be a state function, and the public interest, welfare, convenience, and necessity require the creation of water user districts and the construction of systems of works, as provided in this chapter, for the conservation, storage, distribution, and utilization of water and the collection, treatment, and disposal of wastewater. The construction of systems of works by such districts, as provided in this chapter, is hereby declared to be in all respects for the welfare and benefit of the people of South Dakota. It is the intention of the Legislature of South Dakota that this chapter shall be liberally construed to effectuate these purposes.

Source: SL 1939, ch 291, § 1; SDC Supp 1960, § 61.1301; SDCL, § 46-16-1 ; SL 1974, ch 286, § 1; SL 2006, ch 226, § 1.
S.D. Codified Laws § 46-7-5.5 — SD Code / Title 46 / Chapter 7 / Section 46-7-5.5
Application to dams constructed before January 1, 1990--Owner and family sole residents--Determination of flood plain
Status: in_force

The provisions of §§ 46-7-5.4 to 46-7-5.11 , inclusive, only apply to privately owned high-hazard dams constructed before January 1, 1990, if the owner and the owner's immediate family are the only persons residing below the dam within the flood plain. The chief engineer shall determine the flood plain.

Source: SL 1990, ch 357, § 3; SL 2011, ch 165, § 281.
S.D. Codified Laws § 46A-10A-101 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-101
Publication of notice of election--Votes by proxy
Status: in_force

The county auditor shall publish notice of the election. The notice shall give the time, place, and purpose of the election. The notice shall be published for two consecutive weeks in the official newspapers of each county. The last publication may not be less than ten days before the date of the election. The auditor shall mail a copy of the notice of election to each landowner in the district. The county auditor shall also inform each landowner in writing that each landowner may vote by proxy pursuant to § 46A-10A-105 .

Source: SL 1997, ch 256, § 4.
S.D. Codified Laws § 46A-1-63 — SD Code / Title 46A / Chapter 1 / Section 46A-1-63
Energy industry use funds deposit--Deposit of funds recovered through lawsuit or settlement
Status: in_force

Funds accruing to the district under contract or instrument of conveyance for energy industry use under § 46A-2-19 , received under § 46A-2-25 or any other source unless otherwise provided by law, shall be deposited in the South Dakota water and environment fund established by § 46A-1-60 . Funds, including damages, interest, costs, and fees, recovered as a result of any lawsuit or settlement involving a contract or instrument of conveyance for energy industry use in which the conservancy district was party, shall be deposited in the water and environment program, except that any attorney fees and costs associated with the lawsuit or settlement shall be deposited in the fund created pursuant to § 1-11-6.1 .

Source: SL 1981 (2d SS), ch 3, § 1; SL 1982, ch 28, § 15; SDCL Supp, § 46-17A-53.1; SL 1985, ch 354, § 2; SL 1989, ch 385, § 25A; SL 1992, ch 254, § 8.
S.D. Codified Laws § 46A-3A-3 — SD Code / Title 46A / Chapter 3A / Section 46A-3A-3
East Dakota Water Development District
Status: in_force

The East Dakota Water Development District is established. The district is comprised of:

(1) Brookings, Codington, Deuel, Grant, Hamlin, Minnehaha, and Moody counties;

(2) All of Lake County, with the exception of Clarno, Concord, Orland, Wayne, and Winfred townships;

(3) Badger township in Kingsbury County; and

(4) All municipalities that:

(a) Are wholly or partially situated within the counties or townships described in this section; or

(b) Are contiguous to the counties or townships described in this section.

Source: SL 1984 (SS), ch 1, § 8; SL 2008, ch 232, § 2, eff. Jan. 1, 2009; SL 2012, ch 217, § 2; SL 2024, ch 184, § 1; SL 2025, ch 186, § 4.
S.D. Codified Laws § 46A-6-38 — SD Code / Title 46A / Chapter 6 / Section 46A-6-38
Statement by board--Preparation, contents, and certification--Statement and bonds presented to department--Recording of statement--Registration of bonds
Status: in_force

If the court determines the proceedings for the organization of the district to be legal and valid and the proceedings for the voting and issuing of the bonds legal and valid, the board of directors shall then prepare a written statement, beginning with the filing of the petition for the organization of the district and including all subsequent proceedings for the organization of the district, the voting and issuing of such bonds or other objects of such petition, and ending with the decree of the court finding the proceedings for the organization of the district and subsequent proceedings legal and valid. If the proceedings are for the confirmation of a bond issue, the board shall present the written statement and the bonds to the Department of Agriculture and Natural Resources and the written statement shall be certified under oath by the board of directors of the district. The Department of Agriculture and Natural Resources shall record the statement and register the bonds in its office, and no such bonds may be issued or be valid unless they are registered and have endorsed on the bonds a certificate of the Department of Agriculture and Natural Resources showing that the bonds are issued pursuant to law, the date filed in the office of the department being the basis of the certificate.

Source: SDC 1939, § 61.0845; SDCL § 46-14-37; SL 1977, ch 366, § 7; SL 2011, ch 165, § 407; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 46A-14-84 — SD Code / Title 46A / Chapter 14 / Section 46A-14-84
Request that federal project be certified infeasible
Status: in_force

A watershed district board may request that the state conservationist of the United States Natural Resources Conservation Service certify a federal project as infeasible. If the project is certified as infeasible, the district board may proceed to dissolve the district under the provisions outlined in §§ 46A-14-85 to 46A-14-89 , inclusive.

Source: SL 1980, ch 312, § 4; SDCL Supp, § 46-24-82.1; SL 2013, ch 228, § 55.
S.D. Codified Laws § 46-2A-3 — SD Code / Title 46 / Chapter 2A / Section 46-2A-3
Recommendation of chief engineer on application--Mailing to applicant--Duties of applicant
Status: in_force

In all cases except applications for a well driller license or a well pump installer license, the chief engineer shall mail a copy of the recommendation to the applicant and, if the recommendation is to approve or defer the application, a copy of the newspaper notice to be published and the times when it is to be published. If the recommendation is to deny the application, the applicant within twenty days of the date the recommendation was mailed shall state in writing whether the applicant intends to oppose the recommendation at a hearing before the Water Management Board. Failure to submit a statement of intent to oppose a recommendation to deny to the chief engineer constitutes a withdrawal of the application. If the applicant chooses to oppose the recommendation, the chief engineer shall provide the applicant notice of the hearing to be published pursuant to the provisions of § 46-2A-4 . Any cost of publication shall be borne by the applicant.

Source: SL 1983, ch 316, § 5; SL 2001, ch 241, § 2.
S.D. Codified Laws § 46-8-10 — SD Code / Title 46 / Chapter 8 / Section 46-8-10
Reasonable access to land
Status: in_force

The owner of any works for application of water to beneficial use which may prevent reasonable access to lands crossed or adjacent to the works is responsible for providing reasonable access to the land. If the owner of the works does not provide reasonable access, the owner or occupant of the land may construct reasonable access and may recover the costs of constructing access from the owner of the works.

Source: SDC 1939, § 61.0428; SL 1955, ch 431, § 1; SL 1983, ch 314, § 142.
S.D. Codified Laws § 46A-1-8 — SD Code / Title 46A / Chapter 1 / Section 46A-1-8
Resolution of conflicting interests
Status: in_force

The objectives and purposes to be served by the Board of Water and Natural Resources shall be to resolve conflicting special interests of federal, state, and local agencies or entities or private interests in proposed water projects, including federal projects and the designation and preservation of certain rivers or portions thereof as scenic rivers so that the public interest in such project proposals will be protected and enhanced, optimum over - all benefits will accrue to the people of South Dakota, and maximum consideration of all needs and desires in such water projects will be ensured, especially in those involving multiple purposes such as combinations of irrigation, flood control, navigation, electric power, domestic and stock water, municipal and industrial water supplies, lake stabilization, pollution control, water quality enhancement, fish and wildlife, recreation, groundwater recharge, erosion control, or other beneficial purposes and uses.

Source: SL 1972, ch 241, § 14; SDCL Supp, § 46-17A-13.
S.D. Codified Laws § 46A-4-57 — SD Code / Title 46A / Chapter 4 / Section 46A-4-57
Rejection of petition to change boundaries--Resolution of board--Contents
Status: in_force

If the board of directors deems it not in the best interests of the district that a change of its boundaries be made to include in the district the lands mentioned in the petition, the board shall reject the petition. However, if the board deems it in the best interest of the district that the boundaries of the district be changed and if no person interested in the proposed change of its boundaries shows cause in writing why the proposed change should not be made, or if having shown cause, withdraws the objection, or if having shown cause does not withdraw the objection and the board of directors deems it in the best interests of the district that the district boundaries be so changed, the board shall by resolution order that the boundaries of the district be changed to include in the district the lands mentioned in the petition, or some part of such lands. The resolution shall describe the exterior boundaries of the lands to be included within the boundaries of the district. The order shall describe the entire boundaries of the district as they will be after the boundary change, and for that purpose the board may cause a survey to be made of such portions of the boundaries as the board deems necessary.

Source: SDC 1939, § 61.0823; SDCL § 46-12-56; SL 2011, ch 165, § 353.
S.D. Codified Laws § 46A-14-30 — SD Code / Title 46A / Chapter 14 / Section 46A-14-30
Boundaries--Minor adjustments by managers without referendum--Exception
Status: in_force

After creation of a watershed district, minor adjustments to the boundaries of the district may be made by the managers, without referendum, if the adjustments do not delete lands from the district that have been subject to a special assessment during the budget year or the current year and if the adjustments do not include additional land in the district without the written approval of the landowner of the land.

Source: SL 1959, ch 452, § 11; SDC Supp 1960, § 61.1513 (2); SDCL § 46-24-30; SL 2011, ch 165, § 522.
S.D. Codified Laws § 46-2A-23 — SD Code / Title 46 / Chapter 2A / Section 46-2A-23
Publication of notice to determine opposition to application or recommendation of chief engineer--Petition to contest--Notice of hearing
Status: in_force

Following the issuance of a recommendation to approve an application pursuant to § 46-2A-2 , the chief engineer may publish, at the expense of the applicant, a notice to determine whether any person opposes the application or recommendation of the chief engineer. The notice shall be published as provided for in § 46-2A-4 , and the notice shall contain the information provided for in subdivisions 46-2A-4 (1) to (8), inclusive, and (12). The notice is not required to refer to a board meeting or hearing date. In addition, the notice shall include a statement that if the applicant intends to contest the recommendation, the applicant shall file a petition with the chief engineer, and any interested person meeting petitioner requirements found in subdivision 46-2A-4 (4) who intends to oppose the application or recommendation shall file a petition with the chief engineer and the applicant. Any petition shall be filed within ten days of the published notice. A statement shall also be included that any comment filed pursuant to subdivision 46-2A-4 (7) will not cause a hearing to be held.

If no petition to contest the recommendation or to oppose an application is timely filed, the chief engineer, following receipt of proof of publication, shall act on the application consistent with the chief engineer's recommendation as provided by rules promulgated by the Water Management Board pursuant to chapter 1-26 delegating authority to the chief engineer to issue uncontested permits pursuant to §§ 46-1-16 and 46-2-3.1 , without hearing by the board.

If a petition to contest the recommendation or to oppose the application is timely filed, the chief engineer shall provide notice of a board hearing pursuant to § 1-26-17 . The notice shall also include a statement that the recommendation of the chief engineer is not final or binding upon the board and is subject to the decision of the board based on evidence and record of the public hearing. A statement shall also be included in the notice that the applicant or any interested person who has filed a petition to oppose an application, may file a written notice with the chief engineer requesting postponement of the original hearing date. The written notice requesting postponement shall be filed within ten days of the date of the notice scheduling the board hearing. Upon timely receipt of a written notice, the chief engineer shall cancel the original hearing and reschedule the hearing not less than twenty days after the original hearing date. Notice of hearing shall be provided by personal service or by first class mail to the applicant and parties of record.

Source: SL 1993, ch 334, § 2; SL 2011, ch 165, § 258; SL 2012, ch 214, § 2; SL 2021, ch 192, § 5.
S.D. Codified Laws § 46A-3A-6 — SD Code / Title 46A / Chapter 3A / Section 46A-3A-6
West Dakota Water Development District
Status: in_force

The West Dakota Water Development District is established. The district includes that portion of Pennington County west of the Cheyenne River.

Source: SL 1984 (SS), ch 1, § 11A; SL 2025, ch 186, § 7.
S.D. Codified Laws § 46A-4-77 — SD Code / Title 46A / Chapter 4 / Section 46A-4-77
Hearing on exclusion of unproductive lands--Time and place--Objections--Failure to object deemed consent--Rescission of resolution or adoption of second exclusion resolution
Status: in_force

The resolution of exclusion authorized by § 46A-4-76 shall fix a time for hearing the resolution at the office of the board of directors. The board of directors at the time and place designated in the resolution or at such time or times to which the hearing is adjourned, shall consider the resolution and hear any pertinent objections to exclusion of the lands. Such objections shall be filed in writing at least two days prior to the hearing. Failure of any person interested to show cause why the land should not be excluded by filing objections thereto shall be deemed consent to exclusion of the land from the district. Upon conclusion of the hearing, the board may sustain the objections to exclusion of lands and rescind its previous resolution, or may adopt a second resolution excluding the lands or a portion thereof from the district.

Source: SL 1976, ch 277, § 23; SDCL Supp, § 46-12-74.2.
S.D. Codified Laws § 46A-4-56 — SD Code / Title 46A / Chapter 4 / Section 46A-4-56
Hearing on petition to change boundaries--Adjournment--Assent to change
Status: in_force

The board of directors at the time and place mentioned in the notice, or at such other time to which the hearing of the petition may be adjourned, shall hear the petition and all objections to the petition presented in writing by any person. The failure of any person interested in the district or in the matter of the proposed change of its boundaries to show cause in writing is deemed an assent by the person to the change of the boundaries of the district as prayed for in the petition, or to such a change in the boundaries as will include a part of the lands. The filing of the petition with the board is deemed an assent by each petitioner to a change of the boundaries that may include the whole or any portion of the lands described in the petition.

Source: SDC 1939, § 61.0821; SDCL § 46-12-55; SL 2011, ch 165, § 352.
S.D. Codified Laws § 46A-13-5 — SD Code / Title 46A / Chapter 13 / Section 46A-13-5
Governing commission of interstate drainage district--Qualifications of members--Term of office of commissioners--Vacancies on commission, filling
Status: in_force

Such governing board shall consist of three resident freeholders of this state, who shall be voters of the drainage district and who shall be known as the commissioners of such district. Such commissioners shall hold office for a period of two years from and after the date of their appointment and until their successors are appointed and qualified, and vacancies on such board shall be filled by appointment as in the first instance.

Source: SDC 1939, § 61.1102; SDCL, § 46-23-5.
S.D. Codified Laws § 46A-9-82 — SD Code / Title 46A / Chapter 9 / Section 46A-9-82
Grievance appeal
Status: in_force

Any person aggrieved by any act or omission of any water master may appeal to the board of directors of the water user district, to the Water Management Board or to the circuit court in the county wherein the dispute arose.

Source: SL 1990, ch 363, § 4.
S.D. Codified Laws § 46A-5-14 — SD Code / Title 46A / Chapter 5 / Section 46A-5-14
Contractor's bond--Sureties--Approval by board of directors--Terms
Status: in_force

The person or persons to whom a contract may be awarded shall enter into a bond with good and sufficient sureties, to be approved by the board of directors, payable to such district for its use, in an amount equal to the contract price for the faithful performance of the contract.

Source: SDC 1939, § 61.0919; SDCL, § 46-13-14; SL 1976, ch 277, § 10.
S.D. Codified Laws § 46A-11A-8 — SD Code / Title 46A / Chapter 11A / Section 46A-11A-8
Immunity of mediators
Status: in_force

Any person serving as a mediator pursuant to this chapter is immune from civil liability in any action brought in any court in this state on the basis of any act or omission resulting in damage or injury if the person was acting in good faith, in a reasonable and prudent manner, and within the scope of such person's official functions and duties as a mediator.

Source: SL 2015, ch 226, § 8.
S.D. Codified Laws § 46-10-1.2 — SD Code / Title 46 / Chapter 10 / Section 46-10-1.2
Orders in actions involving one hundred or more defendants
Status: in_force

In the conduct of actions to which § 46-10-3.3 applies, the court may make appropriate orders

(1) Providing for the limitation of service and filing, or substitutes therefor, of pleadings, briefs, orders, motions, demands, appearances, claim forms, discovery materials, and similar documents;

(2) Requiring, for the fair conduct of the action, that notice be given all parties in a reasonable manner of any document served or filed in this action;

(3) Providing for simplified discovery from any party, upon such terms and conditions as the court determines are advisable;

(4) Adopting permissive or mandatory forms for the submission of claims to water rights or rights to use water; provided, however, that a party shall not be precluded from filing an answer or other pleading in addition to said forms;

(5) Determining the course of proceedings and prescribing measures to prevent undue repetition or complication in the presentation of evidence and arguments;

(6) Dealing with similar procedural matters.

The orders may be combined with an order under § 15-6-16 and may be altered or amended from time to time as the court deems advisable.

Source: Supreme Court Rule 82-19.
S.D. Codified Laws § 46A-5-2 — SD Code / Title 46A / Chapter 5 / Section 46A-5-2
Resolution of board of directors--General plan of proposed operation, contents
Status: in_force

As soon as practicable after the organization of any such irrigation district, the board of directors shall by a resolution entered on its record, formulate a general plan of its proposed operation, in which it shall state what constructed works or other property it proposes to purchase and the cost of purchasing the same; and further what construction work it proposes to do and how it proposes to raise the funds for carrying out such plan.

Source: SDC 1939, § 61.0901; SDCL, § 46-13-2.
S.D. Codified Laws § 46A-14-82 — SD Code / Title 46A / Chapter 14 / Section 46A-14-82
Dissolution of district--Federal project not certified infeasible--Special election--Percent required to dissolve--Notice to creditors--Auction--Proration of funds remaining
Status: in_force

If sixty percent of the votes cast under the provisions of § 46A-14-81 are for dissolution, the managers shall immediately notify all persons having claims against the district in whatever form they may exist. The real and personal property of the district shall be sold by auction to the highest bidder, as directed by the managers. After all obligations have been met, the remaining funds, if any, shall be prorated back to the landowners in proportion to their last year of assessment.

Source: SL 1957, ch 492, § 34; SL 1959, ch 452, § 28; SDC Supp 1960, § 61.1534; SDCL, § 46-24-81; SL 1980, ch 312, § 3; SL 1988, ch 367, § 4.
S.D. Codified Laws § 46A-2-21 — SD Code / Title 46A / Chapter 2 / Section 46A-2-21
Interim financing--Eminent domain power--Limitation
Status: in_force

The district, may, notwithstanding § 46A-2-20 , exercise the power of eminent domain as provided by law if necessary for the purposes of acquiring and securing any right, title, interest, estate, or easement necessary for any project for which the district has entered into a financing arrangement under § 46A-1-18 , which cannot be acquired by negotiation. However, this power may not be exercised in connection with any project that may provide or assist in providing water for use in a coal slurry pipeline.

Source: SL 1979, ch 301, § 6; SDCL Supp, § 46-17A-23.5 ; SL 2011, ch 165, § 317.
S.D. Codified Laws § 46A-3A-2 — SD Code / Title 46A / Chapter 3A / Section 46A-3A-2
Central Plains Water Development District
Status: in_force

The Central Plains Water Development District is established. The district is comprised of:

(1) Faulk, Hughes, Hyde, Potter, and Sully counties; and

(2) All municipalities that;

(a) Are wholly or partially situated within the counties set forth in this section; or

(b) Are contiguous to the counties set forth in this section.

Source: SL 1984 (SS), ch 1, § 7; SL 1986, ch 373; SL 1998, ch 269, § 1; SL 2003, ch 233, § 1; SL 2008, ch 232, § 1, eff. Jan. 1, 2009; SL 2025, ch 186, § 3.
S.D. Codified Laws § 46A-14-69 — SD Code / Title 46A / Chapter 14 / Section 46A-14-69
Budgeted operation and maintenance expense--Inclusion in tax assessment list
Status: in_force

Tax or special assessment levies in amount sufficient to cover the budgeted operation and maintenance expense for district projects and works as provided in § 46A-14-66 and other district operations and expenses shall be included by the managers in their tax assessment list as provided in § 46A-14-58 , if the levies do not exceed the limitations specified in this chapter or do not exceed the amounts of taxes or special assessments voted favorably by the voters of the district.

Source: SL 1957, ch 492, § 27; SL 1959, ch 452, § 21; SDC Supp 1960, § 61.1527; SDCL § 46-24-68; SL 2011, ch 165, § 531; SL 2013, ch 228, § 47.
S.D. Codified Laws § 46A-14-91 — SD Code / Title 46A / Chapter 14 / Section 46A-14-91
Vested rights protected
Status: in_force

Nothing in this chapter in any way may affect the vested water or drainage rights of any person, governmental subdivision or public corporation organized or in existence prior to July 1, 1957.

Source: SL 1957, ch 492, § 35; SDC Supp 1960, § 61.1535; SDCL, § 46-24-83; SL 1985, ch 364, § 3.
S.D. Codified Laws § 46-5-52 — SD Code / Title 46 / Chapter 5 / Section 46-5-52
Noncommercial purposes defined
Status: in_force

For purposes of § 46-5-51 , the term, noncommercial purposes, means tree plantings specifically for conservation purposes, excluding trees planted for ornamental or commercial purposes.

Source: SL 1990, ch 358, § 3.
S.D. Codified Laws § 46A-10A-25 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-25
Petition for election on adoption of plan--Notice of election--Ballots--Suspension of effective date--Inconsistent drainage efforts prohibited
Status: in_force

Within twenty days of publication, five percent of the voters, as determined by the total number of votes cast for Governor in the county at the last gubernatorial election, may petition to have the question of adoption or rejection of a county drainage plan, or any part, adjunct, amendment, or addition thereto, placed on the ballot at the next primary or general election to be held more than sixty days after filing of the petition with the county auditor, whichever occurs first. The county auditor shall give notice of the fact that the question will be on the ballot at the primary or general election, as provided by law, for such elections and shall prepare official ballots according to the provisions of this code relating to elections and the submission of questions to the voters. The effective date of a county drainage plan or part, adjunct, amendment, or addition thereto on which a referendum is to be held shall be suspended by the filing of a referendum petition until the referendum process is completed. However, when a drainage plan or part, adjunct, amendment, or addition thereto is referred to a referendum vote, no drainage efforts that are inconsistent with the plan or part, adjunct, amendment, or addition thereto may be established between the time of adoption of the plan by the county commission, as provided in § 46A-10A-23 , and the time of the referendum vote.

Source: SL 1985, ch 362, § 25.
S.D. Codified Laws § 46A-5-12 — SD Code / Title 46A / Chapter 5 / Section 46A-5-12
Acquisition of property--Actions and proceedings by and against district
Status: in_force

The board of directors may take conveyances or other assurances for all property acquired by it under the provisions of chapters 46A-4 to 46A-7 , inclusive, in the name of the irrigation district, for the uses and purposes provided in this chapter. The board may institute and maintain any actions and proceedings at law or in equity necessary or proper in order to carry out fully the provisions of chapters 46A-4 to 46A-7 , inclusive, and to enforce, maintain, protect, or preserve any rights, privileges, and immunities created by those chapters or acquired in pursuance of such rights, privileges, and immunities. In all actions or proceedings the board may sue, appear, and defend, in person or by attorney, and in the name of the irrigation district.

Source: SDC 1939, § 61.0813; SDCL § 46-13-12; SL 2011, ch 165, § 380.
S.D. Codified Laws § 46A-3A-7.1 — SD Code / Title 46A / Chapter 3A / Section 46A-3A-7.1
Vermillion Basin Water Development District
Status: in_force

The Vermillion Basin Water Development District is established. The district includes:

(1) Clay, McCook, and Turner counties;

(2) Kingsbury County, except Badger township;

(3) Clarno, Concord, Orland, Wayne, and Winfred townships in Lake County;

(4) Adams, Belleview, Canova, Clearwater, Grafton, Henden, Howard, and Vermillion townships in Miner County; and

(5) All municipalities that are wholly or partially situated within the counties or townships described in this section.

Source: SL 1990, ch 362, § 1; SL 2023, ch 150, § 1; SL 2024, ch 184, § 2; SL 2025, ch 186, § 9.
S.D. Codified Laws § 46-5-6.1 — SD Code / Title 46 / Chapter 5 / Section 46-5-6.1
Restrictions on appropriation of Missouri River water for irrigation
Status: in_force

The seventy acre restriction set forth in § 46-5-6 does not apply to permits to appropriate water for irrigation from the Missouri River. The Water Management Board shall establish by rules promulgated pursuant to chapter 1-26 , acreage restrictions to apply to permits to appropriate water for irrigation from the Missouri River.

Source: SDCL § 46-5-6 as added by SL 1976, ch 274; SL 2011, ch 165, § 266.
S.D. Codified Laws § 46A-11A-6 — SD Code / Title 46A / Chapter 11A / Section 46A-11A-6
Written agreements
Status: in_force

Any agreement reached between the parties to the drainage dispute as a result of mediation shall be drafted into a written agreement. If signed by the parties, the agreement constitutes a binding contract, and the mediator shall so certify.

Source: SL 2015, ch 226, § 6.
S.D. Codified Laws § 46A-10A-46 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-46
Control of drainage construction, rehabilitation, or methods--Approval of board
Status: in_force

Any board or commission may adopt drainage ordinances, resolutions, or regulations to control individual drainage construction or rehabilitation or such drainage methods by groups of landowners within the county. Such ordinances, resolutions, or regulations shall be consistent with the principles outlined in § 46A-10A-20 . Any drainage ordinances, resolutions, or regulations adopted by a commission shall further be approved by the board before going into effect.

Source: SL 1985, ch 362, § 46; SL 1986, ch 379, § 6.
S.D. Codified Laws § 46A-6-8 — SD Code / Title 46A / Chapter 6 / Section 46A-6-8
Supplemental or amendatory contracts with United States--Amount of principal indebtedness not increased
Status: in_force

The board of directors of any irrigation district established and organized under the laws of South Dakota, if deemed advisable and in the best interests of the district, may enter into any contract with the United States supplementing or amending any original contract with the United States, if the original contract was entered into pursuant to the provisions of chapters 46A-4 to 46A-7 , inclusive, and if the supplementary or amendatory contract does not increase the amount of principal indebtedness of the district to the United States as it exists at the date of the supplementary or amendatory contract.

Source: SL 1939, ch 293, § 1; SDC Supp 1960, § 61.08 47-1 ; SDCL § 46-14-8; SL 2011, ch 165, § 397.