S.D. Codified Laws § 46A-16-9 — SD Code / Title 46A / Chapter 16 / Section 46A-16-9
Order of determination of commission regulating water levels--Appeal by aggrieved party to circuit court--Notice of appeal, service--Appeal from judgment of district court to Supreme Court
Status: in_force

Any party aggrieved by any order of determination of the South Dakota - Minnesota Boundary Waters Commission establishing or regulating water levels as above provided for may appeal therefrom to the district court or circuit court as the case may be of any county in either state in which the subject matter of the order of determination is wholly or partially located or to the district court of the county in either state where the capital thereof is located. Notice of appeal must be served upon the commission or any member thereof, within thirty days from the last date of publication of the order appealed from. Appeals may likewise be taken from the judgments of the district court to the Supreme Court of its respective state.

Source: SL 1939, ch 294, § 8; SDC Supp 1960, § 55.5308; SDCL, § 46-29-8.
S.D. Codified Laws § 46-2A-17 — SD Code / Title 46 / Chapter 2A / Section 46-2A-17
Hearing to oppose validation--Notice
Status: in_force

If a petition of intent to oppose the validation of a recognized vested water right claim is filed pursuant to § 46-2A-16 , the Board of Water Management shall hear and determine the matter de novo. Further published notice is not necessary, but the parties shall be notified of the hearing by first class mail. If no petition opposing validation of the recognized water right claim is filed pursuant to § 46-2A-16 , the board shall issue an order validating the vested right claim.

Source: SL 1986, ch 363, § 2.
S.D. Codified Laws § 46A-13-30 — SD Code / Title 46A / Chapter 13 / Section 46A-13-30
Assessments for drainage purposes--Authority of commissioners of interstate drainage district
Status: in_force

All of the provisions of the laws of this state relating to the making of assessments by the board of county commissioners for drainage purposes, so far as the same shall be applicable and not inconsistent with the provisions of this chapter, shall apply to assessments by such drainage commission, and such commission shall exercise within its drainage district the same power and authority relating to making assessments for drainage purposes as are conferred upon a board of county commissioners within its county.

Source: SDC 1939, § 61.1111; SDCL, § 46-23-30.
S.D. Codified Laws § 46A-1-18 — SD Code / Title 46A / Chapter 1 / Section 46A-1-18
Loan of interim note proceeds to public entity or person for project that state or federal agency is committed to finance--Notes issued prior to financing arrangement
Status: in_force

In addition to its other powers, the district may enter into financing arrangements with any public entity or person to loan the proceeds of the district's interim notes to any public entity or person for a project anywhere within this state. The district may adopt the necessary resolution for the loan without specific authorization of the Legislature and without regard to the limitations, provisions, or requirements of any other law except this chapter and chapter 46A-2 , and in addition to the aggregate indebtedness otherwise authorized by the Legislature if an agency of the State of South Dakota or an agency or instrumentality of the United States government has committed itself to make a grant or loan to the public entity or person. Under this section, the district may only provide interim financing less than or equal to the combined federal and state grant or loan commitments on each project and may not apply the proceeds of the interim notes and financing to any purpose other than expenses allowed by § 46A-1-17 and the project for which the financing arrangement is made. The person or public entity receiving this interim financing may apply the proceeds of the district's interim notes to the project without specific authorization of the project by the Legislature.

Notes to make loans pursuant to this section may be issued before the district has entered into any financing arrangement if the principal amount of notes does not exceed the amount which the district estimates to be required to enter into financing arrangements and if a grant or loan commitment is received before the district lends note proceeds pursuant to any financing arrangement.

Source: SL 1979, ch 301, § 5; SL 1980, ch 309, § 1; SL 1980, ch 310, § 16; SDCL Supp, § 46-17A-23.1; SL 1983, ch 315, § 14; SL 2011, ch 165, § 289.
S.D. Codified Laws § 46A-11-7 — SD Code / Title 46A / Chapter 11 / Section 46A-11-7
Assessment due and payable from time of filing of certified copy--Lien--Penalty and interest on delinquencies--Payment--Distribution
Status: in_force

An assessment is due from the time a certified copy is filed in the treasurer's office. Perpetual liens shall attach against assessed tracts, except those owned by the state and the United States, and, if an assessment is not paid within thirty days, a penalty of five percent shall attach and the assessment shall bear interest from the date of the order of the assessment at the Category D rate of interest as established in § 54-3-16 , payable annually. The assessment shall be paid to the county treasurer and remitted to the holders of assessment certificates upon order of the board.

Source: SDC 1939, § 61.1008; SDCL, § 46-21-7; SL 1983, ch 28, § 58; SL 1984, ch 319, § 29; SL 1985, ch 362, § 104.
S.D. Codified Laws § 46A-1-91 — SD Code / Title 46A / Chapter 1 / Section 46A-1-91
Financial assistance for recycling and processing facilities for waste tires
Status: in_force

The board shall provide financial assistance to persons who establish recycling and processing facilities for waste tires, subject to the rules promulgated by the board for the establishment of such facilities and subject to the conditions prescribed in rule by the board for application for and awarding of such financial assistance. No financial assistance may be awarded for incineration facilities.

Source: SL 1992, ch 254, § 29; SL 1996, ch 219, § 2.
S.D. Codified Laws § 46A-18-66 — SD Code / Title 46A / Chapter 18 / Section 46A-18-66
Pledge of security for obligations--Revenue
Status: in_force

A district may pledge security for any district obligations. Any district issuing 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 or other services as security for payment of the principal and interest. Any pledge of revenues shall be made by the directors of the district by resolution or by agreement with the holders of district obligations. Any resolution or agreement may specify the particular revenues that are pledged, the terms and conditions to be performed by the district and the rights of the holders of district obligations and may provide for priorities of liens on any revenues between holders of district obligations issued at different times or under different resolutions or agreements.

Source: SL 1984, ch 293, § 65.
S.D. Codified Laws § 46A-14-51 — SD Code / Title 46A / Chapter 14 / Section 46A-14-51
Examination of and hearings on plans--Resolution as to payment of costs by general tax levy, special assessment, or improvement bonds--List of benefited lands and owners
Status: in_force

The managers shall carefully examine the plans and hold hearings on the proposals in the plans. By resolution, the managers shall resolve whether the proposed work, or any part of the proposed work, should be accomplished and whether its cost shall be paid by a general tax levy against all taxable landowners' land and buildings located within the district, or by special assessment against the landowners' lands and buildings within the district to be specially benefited by the project, or by both general tax levy and special assessment and the portion to be paid by each. The managers shall prepare a description of each tract of benefited land and shall list the names of the owners of the benefited land as shown by the county tax records, which document shall be on file in the district office and available for public inspection during regular business hours. The managers shall also determine in the resolution whether to issue improvement bonds of the district, or other authorized arrangement, to provide for the payment of the cost of the project by installments instead of levying the entire tax or special assessment at one time.

Source: SL 1957, ch 492, § 23; SL 1959, ch 452, § 18; SDC Supp 1960, § 61.1523 (1); SDCL § 46-24-51; SL 1985, ch 364, §§ 2, 4; SL 1995, ch 253, § 8; SL 2013, ch 228, § 37.
S.D. Codified Laws § 46A-9-43 — SD Code / Title 46A / Chapter 9 / Section 46A-9-43
Contracts with governmental agencies authorized for certain purposes
Status: in_force

In connection with the powers provided by §§ 46A-9-40 and 46A-9-41 , the water user district may enter into any contract, lease, agreement, or arrangement with any state, county, municipality, district, governmental or public corporation or association, or with any person, firm, or corporation, public or private, or with the government of the United States, or with any officer, department, bureau, or agency of the government of the United States, or with any corporation organized under federal law. The contract, lease, agreement, or arrangement may be for any of the following purposes:

(1) Exercising or using any one or more of the powers authorized in §§ 46A-9-40 and 46A-9-41 ;

(2) Selling, leasing, or otherwise furnishing or establishing water rights, water supply, conveyance and distribution of water, water service, or water storage;

(3) Irrigation or flood control;

(4) Domestic, industrial, municipal, or stock-watering purposes;

(5) Drainage of lands;

(6) Provision of services or systems for the collection, treatment, or disposal of wastewater;

(7) Provision of billing, collection, hookup, or termination services for entities that provide services for the collection, treatment, or distribution of water or wastewater;

(8) Financing or payment of the cost and expenses incident to the construction, acquisition, or operation of such works, or incident to any obligation or liability entered into or incurred by the district.

Source: SL 1939, ch 291, § 7; SDC Supp 1960, § 61.1307 (2); SDCL, § 46-16-41; SL 1992, ch 60, § 2; SL 2006, ch 226, § 6.
S.D. Codified Laws § 46A-6-50 — SD Code / Title 46A / Chapter 6 / Section 46A-6-50
District treasurer--Monthly report
Status: in_force

The district treasurer shall also report to the board of directors in writing, on the first Monday of each month, the amount of money in the district treasury, the amount of receipts for the month preceding, and the amount of items and expenditures, and such report shall be verified and filed with the secretary of the board.

Source: SDC 1939, § 61.0920; SDCL, § 46-14-49.
S.D. Codified Laws § 46A-2-30 — SD Code / Title 46A / Chapter 2 / Section 46A-2-30
Federal loans contracted by district
Status: in_force

The district may contract loans and borrow money from the United States upon such conditions and terms as may be agreed to subject to legislative authorization therefor.

Source: SL 1972, ch 241, § 23; SDCL Supp, § 46-17A-22 .
S.D. Codified Laws § 46A-5-19 — SD Code / Title 46A / Chapter 5 / Section 46A-5-19
Deposit of district bonds as security for federal contract
Status: in_force

If any contract is made with the United States as provided in this chapter, bonds of the district may be deposited with the United States at ninety percent of their par value, to secure the amount to be paid by the district to the United States under any such contract. The bonds may be held by the United States, and if deemed desirable, or if the appraised value of the land is double the bonded indebtedness, the bonds may be sold by the United States. The net proceeds received from the sale of the bonds shall be applied to the liquidation of the contract indebtedness of the district to the United States. The interest and principal on the bonds shall be provided for by assessment and levy as in the case of other bonds of the district and regularly paid to the United States, to be applied as provided in the contract.

Source: SDC 1939, § 61.0810; SL 1953, ch 482; SDCL § 46-13-19; SL 2011, ch 165, § 384.
S.D. Codified Laws § 46A-10A-60 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-60
Presentation and filing of petition--Time for board action--Copy to department
Status: in_force

A petition may be presented at any regular or special meeting of the board, and, if proper in form, shall be ordered filed with the county auditor. The board shall act within thirty days on all drainage project petitions. Upon receiving a petition, the county auditor shall transmit a copy to the Department of Agriculture and Natural Resources.

Source: SL 1985, ch 362, § 61; SL 2011, ch 165, § 497; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 46A-18-6 — SD Code / Title 46A / Chapter 18 / Section 46A-18-6
Lands includable in district
Status: in_force

The lands proposed to be included within a 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 1984, ch 293, § 5; SL 1992, ch 60, § 2.
S.D. Codified Laws § 46A-9-75 — SD Code / Title 46A / Chapter 9 / Section 46A-9-75
Cancellation of applications for appropriation of water upon dissolution
Status: in_force

In case of such dissolution, the Department of Agriculture and Natural Resources shall cancel all applications for appropriation of water, and all rights of the water user district therein and thereunder shall thereupon cease and determine.

Source: SL 1939, ch 291, § 19; SDC Supp 1960, § 61.1318; SDCL § 46-16-73; SL 2011, ch 165, § 490; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 46A-10A-27 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-27
Filing copy of adopted official control
Status: in_force

Upon adoption of any drainage ordinance or other official drainage control, including any maps or charts, the county auditor shall file a certified copy thereof with the county register of deeds.

Source: SL 1985, ch 362, § 27.
S.D. Codified Laws § 46A-10A-122 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-122
Grievances--Mediation
Status: in_force

Any interested person aggrieved by any action taken by the board of trustees in §§ 46A-10A-98 to 46A-10A-123 , inclusive, may file a cause of action in circuit court in the county where the cause of action arose or may invoke mediation with the board of trustees.

Source: SL 1997, ch 256, § 25.
S.D. Codified Laws § 46A-3E-1 — SD Code / Title 46A / Chapter 3E / Section 46A-3E-1
Tax levies
Status: in_force

A water development district board of directors may levy taxes, not to exceed thirty cents per thousand dollars of taxable valuation in the district, for the purposes of chapters 46A-1 , 46A-2 , and 46A-3A to 46A-3E , inclusive. If an area is included in more than one district, the tax levy payable to each of the water development districts is determined by multiplying the greater of the overlapping water development districts' levies by each water development district's taxing fraction. Each district's taxing fraction is determined by dividing that district's proposed tax levy for the overlapped area by the sum of all water development districts' levies for the overlapped area.

Source: SL 1984 (SS), ch 1, § 45; SL 1989, ch 87, § 15J; SL 1998, ch 269, § 3; SL 2008, ch 232, § 6, eff. Jan. 1, 2009; SL 2010, ch 216, § 1; SL 2024, ch 184, § 4; SL 2025, ch 186, § 52.
S.D. Codified Laws § 46A-10A-18 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-18
Drainage projects and coordinated drainage areas authorized
Status: in_force

Official controls instituted by a board or commission may include establishment of drainage projects or coordinated drainage areas within which drainage of land for agricultural, residential, industrial and commercial, soil and water conservation, and additional uses may be encouraged, regulated, or prohibited. For such purposes, the board may establish coordinated drainage areas of such number, shape, and size as may be deemed best suited to carry out county drainage goals.

Source: SL 1985, ch 362, § 18.
S.D. Codified Laws § 46A-14-63 — SD Code / Title 46A / Chapter 14 / Section 46A-14-63
No-fund warrants to pay district obligations--Limitation on amounts
Status: in_force

Following a favorable vote by the voters as provided in § 46A-14-55 and in anticipation of tax or special assessment collections, the managers may issue no-fund warrants to pay district obligations. However, the outstanding amounts of the no-fund warrants may not exceed the product of two mills times the assessed valuation of the landowner's taxable land and buildings within the district.

Source: SL 1957, ch 492, § 30; SL 1959, ch 452, § 24; SDC Supp 1960, § 61.1530 (2); SDCL § 46-24-62; SL 2011, ch 165, § 529.
S.D. Codified Laws § 46A-4-4.1 — SD Code / Title 46A / Chapter 4 / Section 46A-4-4.1
Notice of hearing to consider petition--Publication--Contents--Approval of petition--Fixing date for election
Status: in_force

After a petition is filed with the Board of Water and Natural Resources, the board shall publish a notice of a hearing to consider the petition. The publication shall be once a week for two consecutive weeks in at least one official newspaper in each county where any portion of the proposed district will lie. The second publication may not be more than thirty nor less than twenty days before the hearing. The notice shall inform landowners of their right to inclusion or exclusion of their lands in the proposed district pursuant to §§ 46A-4-8 and 46A-4-12 . After determining that the petition is in compliance with the provisions of this chapter, the board shall examine the petition, maps, related documents, and statements of interested persons. If necessary, the board shall further examine the proposed district, the works proposed to be utilized and the proposed location of the works. If the board determines that the proposed district is feasible and practicable, it shall by resolution approve the formation of an irrigation district as set forth in the petition, including any modifications of boards, and fix a date for an election on the question of formation.

Source: SL 1984, ch 294, § 6; SL 1986, ch 27, § 49.
S.D. Codified Laws § 46A-9-12 — SD Code / Title 46A / Chapter 9 / Section 46A-9-12
Petition to organize district--Initial review--Dismissal
Status: in_force

Upon receipt of the petition, the department shall determine whether the petition complies with the requirements set forth in §§ 46A-9-4 to 46A-9-11 , inclusive, and dismiss the petition if the requirements have not been complied with, but without prejudice to the right of the petitioners to present a new petition covering the same matter, or the same petition with additional signatures if additional signatures are necessary.

Source: SL 1939, ch 291, § 4; SL 1943, ch 310; SDC Supp 1960, § 61.1304 (1); SDCL, § 46-16-12; SL 1997, ch 255, § 2.
S.D. Codified Laws § 46A-11-22 — SD Code / Title 46A / Chapter 11 / Section 46A-11-22
Cancellation of installments of assessment--Reassessment with further assessments--Issuance of bonds--Consideration of payments by landowner on account of previous assessments or penalties accrued for nonpayment
Status: in_force

Installments of any assessment which has been made under the provisions of this chapter, including those past due, if no delinquent assessments have been sold and no bonds issued, at the discretion of the board may be canceled and reassessed separately or together with any further assessment. However, the reassessment, in lieu of unpaid installments, shall be in the same amount as the canceled installments. The board may issue bonds to be paid from funds obtained by such new assessment in accordance with the provisions of this chapter. If any assessment is canceled for purpose of reassessment, either singly or in conjunction with other assessments, consideration shall be given to payments made on account of previous assessments and to penalties or interest accrued on account of nonpayment or delinquency in payment of any previous assessment and such amounts shall be deducted from or added to the final assessments in the amounts paid or accrued.

Source: SDC 1939, § 61.1016; SDCL, § 46-21-22; SL 1985, ch 362, § 119.
S.D. Codified Laws § 46A-9-2 — SD Code / Title 46A / Chapter 9 / Section 46A-9-2
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Board," the board of directors of a district organized under this chapter;

(2) "City" or "town," a municipal corporation as classified in §§ 9-2-1 and 9-2-2 . The term, city, also means a city organized under special territorial charter;

(3) "Landowner," any resident of South Dakota who is an owner of land in any county containing any proposed or existing water user district as evidenced by records in the office of the register of deeds or director of equalization. However, if land is sold under a contract for deed, which is of record in the office of the register of deeds or director of equalization, both the vendor and vendee shall be treated as landowners;

(4) "Project," any one of the works defined in this section, or any combination of such works which are physically connected or jointly managed and operated as a single unit;

(5) "Water Management Board," the state board created in § 1-41-15 ;

(6) "Water user district" or " district," any district organized under this chapter, either as originally organized or as the district is reorganized, altered, or extended;

(7) "Works" and "system," all lands, property, rights, rights-of-way, easements, and franchises relating thereto and deemed necessary or convenient for their operation, and all water rights acquired or exercised by the board in connection with the works or system. The terms, works and system, include all means of conserving, controlling, and distributing water, including reservoirs, dams, feeder canals, diversion canals, distributing canals, lateral ditches, structures, pumping units, mains, pipelines, and waterworks systems. The terms include all such works for the conservation, development, storage above or under the ground, spreading, distribution, utilization, and drainage of water, including works for the purpose of irrigation, drainage, flood control, stock watering, and supplying water for public, domestic, industrial, and other uses. The terms include any plant or system for the collection, treatment, or disposal of wastewater, including sanitary sewers and sewage and sewage treatment plants and systems.

Source: SL 1939, ch 291, § 2; SDC Supp 1960, § 61.1302; SDCL, § 46-16-2; SL 1974, ch 286, § 2; SL 1975, ch 277, § 1; SL 1976, ch 279; SL 1990, ch 363, § 6; SL 2006, ch 226, § 2; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
S.D. Codified Laws § 46A-4-73 — SD Code / Title 46A / Chapter 4 / Section 46A-4-73
Exclusion of land from irrigation district--Refunding of assessments
Status: in_force

In case of the exclusion of any lands under the provisions of this chapter, there shall be refunded, to any and all persons who have paid any assessment or assessments to such district for any lands so excluded, any sum or sums so paid. Such payments shall be made in the same manner as other claims against such district, and from such fund or funds as the board of directors may designate; but where such parties have realized benefits from the organization and operation of the district, the value of such benefits shall be deducted from the assessments paid in by such person and the balance, if any, refunded.

Source: SDC 1939, § 61.0840; SDCL, § 46-12-72.
S.D. Codified Laws § 46-6-21 — SD Code / Title 46 / Chapter 6 / Section 46-6-21
Control of large capacity well required
Status: in_force

No owner or person in control of a large capacity artesian well may allow it to flow without a proper or sufficient casing or without a valve or contrivance for checking or preventing the flow of water if the Water Management Board determines that installation of a casing, valve, or contrivance is feasible. The provisions of this section also apply to any officer in charge of wells belonging to the state or any county, township, or municipality.

Source: SDC 1939, § 61.9916; SL 1981, ch 316, § 3; SL 1983, ch 314, § 112.
S.D. Codified Laws § 46-1-14 — SD Code / Title 46 / Chapter 1 / Section 46-1-14
Terms and conditions of permits and licenses--Amendment
Status: in_force

The Water Management Board may issue any permit or license subject to terms, conditions, restrictions, qualifications, quantifications, or limitations on perpetuity consistent with this chapter which it considers necessary to protect the public interest and which are related to matters within the jurisdiction of the board. Water rights issued pursuant to this section may be amended by the board and priority is retained upon amendment. Upon amendment the board may alter terms, conditions, restrictions, qualifications, or quantifications consistent with this chapter.

Source: SL 1978, ch 312; SL 1983, ch 314, § 12.
S.D. Codified Laws § 46A-14-15.1 — SD Code / Title 46A / Chapter 14 / Section 46A-14-15.1
Eligible voter defined
Status: in_force

For purposes of this chapter, the term, eligible voter, has the meaning specified in this section. Only persons or public corporations that are landowners of land located within the proposed or existing watershed district are eligible to vote in the formation election or any subsequent election of a watershed district, except as provided in this chapter. An eligible voter may reside within or outside the district. Any firm, partnership, limited liability company, association, estate, or corporation that holds title to land located within the proposed or existing watershed district is entitled to one vote and may designate an officer or agent to vote on its behalf by presenting a written instrument to that effect to the election officials. The vote of any eligible voter who is a minor or a protected person as defined by § 29A-5-102 , may be cast by the parent, conservator, or legal representative of the minor or protected person. Any municipality that has been included in the watershed district pursuant to §§ 46A-14-5 or 46A-14-7 is entitled to one vote which may be cast by a representative designated by the municipality's governing body.

Source: SL 2013, ch 228, § 18.
S.D. Codified Laws § 46A-14-55 — SD Code / Title 46A / Chapter 14 / Section 46A-14-55
Hearing and referendum on financing arrangements
Status: in_force

For purposes of implementing the general plan of improvements, no construction or related commitments requiring district payments may be entered into, no taxes or assessments levied, no bonds issued, or other financing arrangement made relating to the general plan of improvements, unless the managers have initiated adequate hearings to clearly demonstrate the works proposed for construction and the benefits to accrue from the proposed works and have conducted a referendum in accordance with this chapter in which at least sixty percent of the eligible voters voting in the referendum vote in favor of the tax levy, bond issue, or other permissible financing arrangement. The hearing and referendum requirements specified in this section do not apply to taxes or other financing arrangements for operations, maintenance, or other district business as provided in §§ 46A-14-58 and 46A-14-69 .

Source: SL 1957, ch 492, § 23; SL 1959, ch 452, § 18; SDC Supp 1960, § 61.1523 (3); SDCL § 46-24-54; SL 2011, ch 165, § 527; SL 2013, ch 228, § 40.
S.D. Codified Laws § 46A-3C-3 — SD Code / Title 46A / Chapter 3C / Section 46A-3C-3
Approval of petition--Referral to election
Status: in_force

Upon presentation of a petition to the Board of Water and Natural Resources, proposing that a water development district be dissolved, the board must determine whether the petition is in compliance with all legal requirements. If the board determines that the petition is in compliance, the board must, by resolution, approve the petition and refer the question to the voters of the water development district at the next general election.

Source: SL 1984 (SS), ch 1, § 26; SL 2025, ch 186, § 35.
S.D. Codified Laws § 46A-2-37 — SD Code / Title 46A / Chapter 2 / Section 46A-2-37
Construction of conservancy district law--Supplementary to laws governing water management board--Laws relating to irrigation, conservancy, drainage, soil conservation, or watershed districts unaffected
Status: in_force

The provisions of this chapter and chapters 46A-3A to 46A-3E , inclusive, do not abrogate or limit the rights, powers, duties, and functions of the State Water Management Board, but are supplementary to and in aid of such rights, powers, duties, and functions. Chapters 46A-3A to 46A-3E , inclusive, do not limit or affect the laws of this state relating to the organization and maintenance of irrigation districts, water user districts, drainage districts, soil conservation districts, or watershed districts. Chapters 46A-3A to 46A-3E , inclusive, do not infringe upon or establish any rights superior to any existing water rights, and do not preclude the establishment of any such or similar public entity wholly or in part within the boundaries of the district created by this chapter.

Source: SL 1959, ch 453, § 2; SDC Supp 1960, § 61.1402; SDCL § 46-17-30; SL 1984 (SS), ch 1, § 65; SL 2011, ch 165, § 323.
S.D. Codified Laws § 46A-4-44 — SD Code / Title 46A / Chapter 4 / Section 46A-4-44
Organization meeting of board of directors--Election of president and vice-president--Appointment of secretary
Status: in_force

On the regular November meeting in each year the directors shall meet and organize as a board for the ensuing year, elect a president and vice - president from their number and appoint a secretary who need not be a member of the board.

Source: SDC 1939, § 61.0809; SDCL, § 46-12-43; SL 1976, ch 276, § 4.
S.D. Codified Laws § 46A-9-8 — SD Code / Title 46A / Chapter 9 / Section 46A-9-8
Grouping of directors elected at large--Term of office
Status: in_force

In the petition, if directors are to be elected at large, the directors named shall be divided as nearly as possible into three equal groups, to be designated Group 1, Group 2, and Group 3, respectively. In either case, the members of Group 1 shall hold office until their successors, elected at the first regular water user district election thereafter, shall have qualified; the members of Group 2 shall hold office until their successors, elected at the second regular district election thereafter, shall have qualified; and the members of Group 3 shall hold office until their successors, elected at the third regular district election thereafter, shall have qualified. Thereafter all directors elected shall serve for a term of three years and until their successors are elected and qualified. After the name of each director shall be stated to which of said three groups he belongs.

Source: SL 1939, ch 291, § 4; SL 1943, ch 310; SDC Supp 1960, § 61.1304 (1); SDCL, § 46-16-8.
S.D. Codified Laws § 46A-3B-3 — SD Code / Title 46A / Chapter 3B / Section 46A-3B-3
Adjusting number of directors--Redistricting--Temporary appointed directors
Status: in_force

As soon as possible following each decennial census of population and housing, or any adjustment to a water development district boundary, the Board of Water and Natural Resources shall ascertain whether the number of board members must be adjusted, adjust the same, and redistrict the director areas to reflect changes in the population of the district and ensure equitable representation of all areas within the district.

The Board of Water and Natural Resources may make adjustments to director areas to reflect precinct changes made pursuant to chapter 12-14 , if all areas remain equitably represented.

If an adjustment under this section results in an increased number of board members, each additional position must be filled by elective action of the remaining directors, from candidates proposed by nominating petitions signed by at least twenty-five eligible voters residing in the director area to be represented by the additional position. The individual chosen by the remaining directors to fill the additional position shall serve until a director is elected at the next general election and takes office, as provided for in § 46A-3B-9 .

Source: SL 1984 (SS), ch 1, § 17; SL 2008, ch 233, § 4, eff. Jan. 1, 2009; SL 2012, ch 217, § 7; SL 2024, ch 185, § 1; SL 2025, ch 186, § 23.
S.D. Codified Laws § 46A-8-4 — SD Code / Title 46A / Chapter 8 / Section 46A-8-4
Acceptance of association books for public record by county commissioners--Recording of stock subscriptions--Charges
Status: in_force

The board of county commissioners of any county in which there has been a water users' association organized in conformity with the requirements of the United States under the Reclamation Act of June 17, 1902, as amended to January 1, 2011, and which, under its articles of incorporation, is authorized to furnish water only to its stockholders, may accept the water users' association books for public record, containing printed copies of their articles of incorporation and forms of subscription to stock and to use the books for recording the stock subscriptions of the association. The charges for the recording of the stock subscriptions shall be made on the basis of the number of words actually written therein.

Source: SDC 1939, § 12.2903; SDCL § 46-11-4; SL 2011, ch 165, § 462.
S.D. Codified Laws § 46A-1-60.3 — SD Code / Title 46A / Chapter 1 / Section 46A-1-60.3
Rules for selection of projects to receive funds from water pollution control revolving fund program and state drinking water revolving fund program and administration of same
Status: in_force

The Board of Water and Natural Resources may, by rules promulgated pursuant to chapter 1-26 , establish criteria and procedures for the selection of projects to receive funds from the state water pollution control revolving fund program and the state drinking water revolving fund program and for the administration of the programs.

Source: SL 1988, ch 364, § 4; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 1994, ch 347, § 6.
S.D. Codified Laws § 46A-10B-23 — SD Code / Title 46A / Chapter 10B / Section 46A-10B-23
Fees deposited in fund--Purpose
Status: in_force

The governing body shall place all fees collected pursuant to §§ 46A-10B-20 , 46A-10B-21 , and 46A-10B-22 into a storm drainage fund or other fund established pursuant to § 46A-10B-28 to be used only for the purposes provided in this chapter, and reserved for the identified drainage basin for which fees are collected. If a municipality establishes a new drainage utility pursuant to § 9-40-1 , it may transfer any funds within its control that were collected pursuant to this chapter into a separate drainage utility fund which may only be used to pay for new drainage improvements, maintenance of existing drainage improvements, and operation of the drainage utility.

Source: SL 1989, ch 388, § 29; SL 2013, ch 39, § 1.
S.D. Codified Laws § 46A-13-32 — SD Code / Title 46A / Chapter 13 / Section 46A-13-32
Construction of drainage improvement--Provision for necessary funds--Letting of contract--Advertising for bids--Joint arrangements
Status: in_force

If the funds necessary to complete the improvement are provided by the proper authorities of each affected state, the commission in this state may join with the court or tribunal of any other affected state and, by acting jointly or by a commission appointed by the affected states for that purpose, construct the drainage improvement. The affected states or the commission may make all necessary arrangements for the letting of a contract for the construction of the drainage improvement and may advertise for bids for the construction in accordance with the plans and specifications which shall be reported and provided by the engineers appointed to make the joint survey. The bids shall be received and opened at a time and place designated in the notice, and the contracts shall be let in a manner designated in the notice. All or any portion of the improvement may be contracted for separately, and the contract shall contain such conditions and provisions as the respective authorities acting jointly may require. All provisions for the completion of the improvement, the supervision of the work, and the payment for the work may be provided for by joint arrangement between the representatives of the several states. The authorities of each state, however, are responsible only for the sums arranged to be furnished by assessment or otherwise within the limits of the state.

Source: SDC 1939, § 61.1113; SDCL § 46-23-32; SL 2011, ch 165, § 515.
S.D. Codified Laws § 46A-4-76 — SD Code / Title 46A / Chapter 4 / Section 46A-4-76
Resolution to exclude unproductive lands from district--Reasons--Service on owners and residents--Publication of notice
Status: in_force

If the board of directors of an irrigation district finds that lands within the district are alkaline, slick, unsusceptible of economic leveling, water - logged, caliche, hard pan, or otherwise unproductive or incapable of carrying their proportionate district liabilities and obligations without recurring delinquencies, for which irrigation water is available, and that the major portion of such lands has been unfarmed and delinquent in payment of district taxes for the last two years or more, it may exclude such lands from the district. The board shall adopt a resolution stating its findings and declaring its intention to exclude such lands for one or more reasons set forth above, and shall require the record owner or any persons actually resident upon such land to show cause why the lands should not be excluded from the district. A copy of the resolution shall be served upon the record owners and actual residents, if any, upon the lands, personally if residents of the county in which the office of the board is located, or if not, by registered or certified mail addressed to such persons at their last known post office address, and by publication of the resolution at least once a week for three successive weeks in a newspaper of general circulation within the county in which the district office is located.

Source: SL 1976, ch 277, § 22; SDCL Supp, § 46-12-74.1; SL 1987, ch 29, § 34.
S.D. Codified Laws § 46A-13-14 — SD Code / Title 46A / Chapter 13 / Section 46A-13-14
Report of survey by engineers--Consideration by commission and officials of adjoining state--Joint plan for construction of improvement--Order to be record of commission
Status: in_force

Upon the filing of the report of the engineers appointed to make the joint survey, which in all instances shall be made at the earliest possible date, the interstate drainage district commission, together with the representatives of the adjoining state or states, shall consider the report with the view of providing a joint plan for the construction of the proposed improvement. After full consideration of the report and all information obtainable about the matters included in the report and the proposed improvement, the commission may arrange for a joint plan with the authorities or representatives of the other state or states, and adopt the joint plan for the construction of the proposed improvement, if the commission determines that the plan is practicable and for the best interests of the district. The order of the commission determining the joint plan, together with a copy of the plan, shall be made a record of the commission.

Source: SDC 1939, § 61.1106; SDCL § 46-23-14; SL 2011, ch 165, § 511.
S.D. Codified Laws § 46-6-15 — SD Code / Title 46 / Chapter 6 / Section 46-6-15
Uncontrolled artesian well--Definition--Owner to notify board of size and location
Status: in_force

The owner of an uncontrolled artesian well shall notify the Water Management Board in writing of the location and size of the well. An uncontrolled artesian well is one that cannot be controlled by mechanical means.

Source: SL 1955, ch 431, § 1; SDC Supp 1960, § 61.0411; SL 2011, ch 165, § 276.
S.D. Codified Laws § 46A-18-55 — SD Code / Title 46A / Chapter 18 / Section 46A-18-55
Special election on additional taxes or special assessments--Eligibility to vote
Status: in_force

The directors may at any time call a special election to determine whether additional taxes or special assessments may be levied for the purpose of raising money for increased costs of district business or for a supplemental plan of improvements over and above the initial plan of improvements. Eligibility to vote in the special election is determined in accordance with the provisions of § 46A-18-47 .

Source: SL 1984, ch 293, § 54; SL 1995, ch 253, § 18; SL 2007, ch 257, § 6.
S.D. Codified Laws § 46-5-46 — SD Code / Title 46 / Chapter 5 / Section 46-5-46
Unauthorized use or waste of water or violation of permit or license prohibited
Status: in_force

No person may engage in unauthorized use of water, may waste water, or may violate the terms or conditions of a permit or license to appropriate water.

Source: SDC 1939, §§ 61.9907, 61.9910; SL 1965, ch 304, § 2; SL 1981, ch 316, § 2; SL 1983, ch 314, § 79.
S.D. Codified Laws § 46A-1-13.6 — SD Code / Title 46A / Chapter 1 / Section 46A-1-13.6
Authorization of Lake Andes-Wagner/Marty II Irrigation Project--Research demonstration project required--Loans authorized--Indian lands exempted from payments
Status: in_force

Pursuant to §§ 46A-1-11 to 46A-1-13 , inclusive, construction of a one hundred seventy - five million dollar Lake Andes - Wagner Irrigation Project, as generally described in the report "Planning Report/Environmental Statement" dated September 1985 and a twenty - four million dollar Marty II Irrigation Project as generally described in the report "Planning Report and Environmental Assessment" dated January 1990 is hereby authorized for the purpose of stabilizing crop and forage production in south central South Dakota to offset the effects of drought conditions which naturally devastate South Dakota's economic viability.

Prior to construction of the authorized Lake Andes - Wagner/Marty II Irrigation Project the Legislature finds it necessary and prudent to develop accurate and quantitative means of addressing the reliable drainage requirements with respect to glacial till soils and to develop sound management practices that are beneficial to all irrigation in South Dakota. This phase of the project shall hereby be referred to as the Lake Andes - Wagner/Marty II Research Demonstration Program and shall conclude when the Legislature and the United States Congress accept a final report.

The Board of Water and Natural Resources may provide loans under the State Water Management Resources System revolving loan program in amounts not to exceed a total of seven million dollars to the Lake Andes - Wagner/Marty II Irrigation Project to provide the nonfederal requirements for the federally authorized project. 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 .

Indian lands shall be exempted from any payments due to the State of South Dakota. 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, 1989, as indicated by engineering costs indices applicable for the type of construction involved.

Source: SL 1992, ch 254, § 14.
S.D. Codified Laws § 46A-11A-1 — SD Code / Title 46A / Chapter 11A / Section 46A-11A-1
Statewide mediation program to assist property owners in resolving disputes over surface or subsurface water drainage
Status: in_force

The Department of Agriculture and Natural Resources shall establish and administer a statewide mediation program to provide assistance to property owners who seek to use mediation as a method to resolve disputes over the surface or subsurface drainage of water.

The secretary of the Department of Agriculture and Natural Resources shall promulgate rules pursuant to chapter 1-26 necessary for mediation, including the establishment of fees, training requirements for mediators, mediation request forms, mediation timeline, notification and intervention procedures, and any other mediation procedures as may be necessary for the mediation of drainage disputes. The parties to the mediation created under this chapter shall be limited to the person or parties that own or administer real property impacted by the planned drainage or drainage dispute.

Source: SL 2015, ch 226, § 1; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 46A-14-7 — SD Code / Title 46A / Chapter 14 / Section 46A-14-7
Inclusion of municipality
Status: in_force

In order to carry out the powers granted to municipalities by the provisions of § 9-36-15 , the governing body of a municipality may request that all or any portion of the corporate area of a municipality be included in a watershed district if, in the determination of the governing body, inclusion in a new or existing watershed district offers opportunities favorable to the municipality:

(1) For alleviation of flood water damages to roads, streets, waterworks, sewer works, river and stream improvements, public or private property, or other improvements within the municipality; or

(2) In lieu of or betterment of or supplementary to improvements by the municipality as may be under consideration by the governing body; or

(3) To take advantage of federal or other loans, as provided by § 9-43-137 , or federal or other grants of funds or service; or

(4) To reduce capital investments or other obligations by the municipality which may be otherwise probable; or

(5) For betterment of the health, safety, or general welfare of the residents of the municipality.

Source: SL 1959, ch 452, § 3; SDC Supp 1960, § 61.1505 (2); SDCL § 46-24-7; SL 2013, ch 228, § 11.
S.D. Codified Laws § 46A-10A-83 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-83
Petition for repair or improvement of drain
Status: in_force

If a board fails to make necessary drainage repairs or improvements or fails to act as provided in §§ 46A-10A-81 to 46A-10A-88 , inclusive, a majority of the owners of lands affected or likely to be affected by the proposed repairs or improvements may file with the county auditor a petition signed by them requesting the board to take such action. If the drainage extends over more than one county, a petition shall be filed in each county and each involved board shall act.

Source: SL 1985, ch 362, § 84.