S.D. Codified Laws § 46A-18-30 — SD Code / Title 46A / Chapter 18 / Section 46A-18-30
Combining districts--Certification of creation
Status: in_force

After proceedings are completed to combine water project districts, the Board of Water and Natural Resources shall certify to the secretary of state of the creation of the combined water project district.

Source: SL 1984, ch 293, § 29; SL 1990, ch 366, § 9; SL 1991, ch 17 (Ex. Ord. 91-4), § 17.
S.D. Codified Laws § 46A-11-14 — SD Code / Title 46A / Chapter 11 / Section 46A-11-14
Assessments for drainage, payment in installments--Time installments due--Penalty on delinquencies
Status: in_force

The first installment under an agreement filed pursuant to § 46A-11-13 shall be payable within ten days after a certified copy of the assessment has been filed in the office of the county treasurer. Subsequent installments shall be payable each year for one to nine years from the date of an assessment, with interest on the entire amount unpaid payable annually at maturity of each installment. Subsequent installments shall become delinquent after expiration of thirty days from the time they are payable and a penalty of five percent shall attach. If, however, bonds have been issued for construction of the project, as provided in this chapter, assessments shall be payable in installments sufficient to meet payments on the bonds.

Source: SDC 1939, § 61.1015; SDCL, § 46-21-14; SL 1985, ch 362, § 111.
S.D. Codified Laws § 46A-1-20 — SD Code / Title 46A / Chapter 1 / Section 46A-1-20
Interim financing--Independent review of feasibility of project
Status: in_force

Before issuing any interim notes pursuant to § 46A-1-18 , the Board of Water and Natural Resources shall conduct an independent review of the feasibility of the project to ensure that projected water consumption, operation costs, construction costs, revenues and other statistics are reliable and that the project will be able to pay its expenses. The board shall state the findings of its independent review in a motion entered in the minutes of its proceedings.

Source: SL 1979, ch 301, § 14; SDCL Supp, § 46-17A-23.3.
S.D. Codified Laws § 46A-4-84 — SD Code / Title 46A / Chapter 4 / Section 46A-4-84
Certification of election returns and ballots--Canvass of returns--Declaration of result--Recording
Status: in_force

The return of the election, together with the ballots cast at the election, shall be certified by the election boards of the district to the board of directors within three days after the election. The board shall, on or before the third day after the election, canvass the returns and declare the result of the election. The result shall be at once recorded in the records of the district board.

Source: SDC 1939, § 61.0848; SDCL § 46-12-79; SL 2011, ch 165, § 369.
S.D. Codified Laws § 46-4-3 — SD Code / Title 46 / Chapter 4 / Section 46-4-3
Location notice required--Filing
Status: in_force

Any person desiring to take advantage of any of the rights provided in this chapter shall file a location notice with the register of deeds of the county in which the right is located and shall mail a copy of the notice to the Water Management Board.

Source: SDC 1939, § 61.0133; SL 1955, ch 430, § 1; SL 1957, ch 490, § 3; SDC Supp 1960, § 61.0138 (2); SL 1983, ch 318, § 4; SL 2011, ch 165, § 263.
S.D. Codified Laws § 46A-18-23 — SD Code / Title 46A / Chapter 18 / Section 46A-18-23
Annual district meeting--Election of directors
Status: in_force

Before May first of each year, on a date established by the directors, an annual meeting of the district shall be held during which the qualified voters of the district shall elect, by ballot, under the direction of the secretary of the district, directors to replace those whose terms have expired. Newly elected directors shall assume office at the time of their election.

Source: SL 1984, ch 293, § 22; SL 2002, ch 144, § 7; SL 2007, ch 257, § 3.
S.D. Codified Laws § 46A-6-17 — SD Code / Title 46A / Chapter 6 / Section 46A-6-17
Issuance of bond not necessary--Cost and expenses of property and works covered by contract between district and United States
Status: in_force

Bonds need not be issued where the cost and expense of purchasing and acquiring property and constructing the works and improvements herein provided for are covered by a contract between the district and the United States.

Source: SDC 1939, § 61.0921; SDCL, § 46-14-16.
S.D. Codified Laws § 46A-2-22 — SD Code / Title 46A / Chapter 2 / Section 46A-2-22
Contract for payment of services or performance of work--Board as party--Amount limited to annual appropriation
Status: in_force

The Board of Water and Natural Resources may become a party to long or short-term contracts as principal or guarantor for payment for such services or for performance of construction, operation, or maintenance work as is deemed beneficial or advisable by the board. However, nothing contained in this chapter or chapters 46A-3A to 46A-3E , inclusive, permits the board to enter into any contracts or agreements that obligate the State of South Dakota beyond the extent of the board's then current annual appropriation.

Source: SL 1959, ch 453, § 9; SDC Supp 1960, § 61.1409 (2); SDCL § 46-17-20; SL 1984, ch 12, § 71; SL 1984 (SS), ch 1, § 65; SL 2011, ch 165, § 318.
S.D. Codified Laws § 46A-16-11 — SD Code / Title 46A / Chapter 16 / Section 46A-16-11
Expenses not to be incurred without adequate appropriation
Status: in_force

The South Dakota-Minnesota Boundary Waters Commission may not incur any obligation for expenses except after an adequate legislative appropriation.

Source: SL 1939, ch 294, § 5; SDC Supp 1960, § 55.5305; SDCL § 46-29-10; SL 2011, ch 165, § 540.
S.D. Codified Laws § 46A-13-1 — SD Code / Title 46A / Chapter 13 / Section 46A-13-1
Petition for formation of interstate drainage district--Filing with clerk of court--Landowner qualifications--Time and place for hearing--Notice
Status: in_force

At least fifty affected South Dakota resident landowners, or the county commissioners of any affected county, may file a petition with the clerk of the circuit court for the affected county requesting the formation of a drainage district as provided in this chapter. The provisions of this section apply to any land bordering upon any body of water or stream forming the boundary line between this state and any other state, or any land included in a natural drainage basin along or extending across the boundary line of the state. For purposes of this section, an affected county is a county that lies within or partly within such territory, and an affected landowner is a South Dakota resident landowner who owns at least ten acres of such land as shown by the records of the register of deeds and clerk of courts of the county in which the land is situated. If the land is sold under a contract for deed, which is of record in the office of the register of deeds, both the landowner and the individual purchaser of the land, as named in the contract for deed, shall be treated as owners of the territory described in the petition.

Within ten days after the petition is filed, the court shall, by order, fix a time and place within the territory named in the petition for a hearing upon the petition. Notice of the hearing shall be published in at least one legal weekly newspaper published in each affected county, for two successive weeks, the last publication to be at least ten days before the day set for hearing.

Source: SDC 1939, § 61.1101; SL 1964, ch 222, § 1; SDCL § 46-23-1; SL 2011, ch 165, § 505.
S.D. Codified Laws § 46-7-5.8 — SD Code / Title 46 / Chapter 7 / Section 46-7-5.8
Requirements as to form and content of owner's affidavit
Status: in_force

The owner's affidavit referred to in § 46-7-5.7 shall:

(1) Be in a form prescribed and approved by the board;

(2) Identify and describe the dam in question;

(3) State the construction date of the dam;

(4) Acknowledge that the owner is aware that the unsafe condition exists;

(5) State that the owner refuses to correct the unsafe condition;

(6) Include a description of the flood plain as determined by the chief engineer;

(7) State that no one other than the owner and the owner's immediate family reside within the flood plain;

(8) Include the owner's express assumption of all liability for any claim, injury, or damage resulting from failure of the dam, specifically holding the state, the board, the department, the chief engineer, and all officers, agents, or employees of the state harmless from any liability and damages for claims, injuries, damages, and costs, including attorney's fees resulting from failure of the dam;

(9) Acknowledge that the owner is aware that 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; and

(10) State that if any individual other than the owner establishes a habitation within the flood plain, the owner will report the name, address, and location of the individual to the chief engineer within ten days.

Source: SL 1990, ch 357, § 5; SL 2011, ch 165, § 282.
S.D. Codified Laws § 46A-6-47 — SD Code / Title 46A / Chapter 6 / Section 46A-6-47
Claims against district--Allowance--Warrants for payment
Status: in_force

No claim may be paid by the district treasurer until the claim has been allowed by the board of directors, and only upon warrants signed by the president and countersigned by the secretary. All warrants shall be drawn and payable to the claimant or bearer, the same as county warrants.

Source: SDC 1939, § 61.0920; SDCL § 46-14-46; SL 2011, ch 165, § 412.
S.D. Codified Laws § 46A-7-44 — SD Code / Title 46A / Chapter 7 / Section 46A-7-44
Land not subject to sale for delinquent taxes before delivery of water
Status: in_force

The provisions of §§ 46A-7-37 to 46A-7-43 , inclusive, apply only if the irrigation district has commenced delivery of water to any lands within the irrigation district.

Source: SDC 1939, § 61.0916; SDCL § 46-15-44; SL 2011, ch 165, § 438.
S.D. Codified Laws § 46A-10A-62 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-62
Survey report to be written--Inspection--Scheduling hearing--Notice requirements
Status: in_force

The report required by § 46A-10A-61 shall be in writing to the board and shall be maintained with the petition. The report shall be available for inspection and copying by interested parties during regular business hours. Upon receipt of an engineer's report, the county auditor shall set a time and place for a hearing on the petition and shall give notice thereof by publication at least once each week for at least two consecutive weeks in a legal newspaper of the county, to be selected by the auditor. The notice shall give a description of each tract of land affected by the proposed project and the names of owners and all directly affected third parties holding drainage interests. If any portion of a municipality is included within a proposed district, the notice is sufficient if it sets forth the boundaries of the municipal territory proposed to be included within the project without listing individual lots, parts of lots, parcels of land, or the names of the owners thereof and if it refers interested persons to the files in the proceeding for further particulars. The notice shall summon all persons affected by the proposed drainage to appear at the hearing and testify regarding the proposed project. The notice also shall summon all persons deeming themselves damaged by the proposed project or claiming compensation for lands proposed to be taken for the project to present their claims at the hearing.

Source: SL 1985, ch 362, § 63.
S.D. Codified Laws § 46A-1-47 — SD Code / Title 46A / Chapter 1 / Section 46A-1-47
Bonds as legal investments for fiduciaries and financial institutions
Status: in_force

The state and all counties, municipal corporations, political subdivisions, and public bodies, and public officers of any thereof, all banks, subject to applicable investment limitations, bankers, trust companies, savings banks and institutions, building and loan associations, savings and loan associations, investment companies, and other persons carrying on a banking business, all insurance companies, insurance associations, and other persons carrying on an insurance business, and all personal representatives, conservators, trustees, and other fiduciaries may legally invest any debt service funds, moneys, or other funds belonging to them or within their control in any bonds issued pursuant to this chapter, it being the purpose of this section to authorize the investment in such bonds of all debt service, insurance, retirement, compensation, pension, and trust funds, whether owned or controlled by private or public persons or officers. However, nothing in this section may be construed as relieving any person, firm, or corporation from any duty of exercising reasonable care in selecting securities for purchase or investment.

Source: SL 1972, ch 241, § 46; SDCL Supp, § 46-17A-45; SL 1993, ch 213, § 242; SL 1995, ch 167, § 188.
S.D. Codified Laws § 46A-10A-89 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-89
Maintenance and assessments for drainage work in more than one county
Status: in_force

Any provisions of this chapter and chapter 46A-11 relating to maintenance of drainage or levy of maintenance assessments are the responsibility of the board of the county having jurisdiction over the drainage. Immediately after assessments are levied by a board in charge of drainage work that lies in more than one county, the county auditor shall prepare a complete transcript of the proceedings not previously filed relating to the drainage and shall file the report with each affected county.

Source: SL 1985, ch 362, § 90.
S.D. Codified Laws § 46A-10A-119 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-119
Tax--Tax fund
Status: in_force

The tax shall be collected by the county treasurer as other taxes are collected in the county. The tax shall be deposited and kept in a separate fund to the credit of the district. The money may be expended only upon the order of the board of trustees signed by the chair and clerk of the board. The chair and clerk of the board shall provide a surety bond in the amount of at least five thousand dollars.

Source: SL 1997, ch 256, § 22.
S.D. Codified Laws § 46A-10B-28 — SD Code / Title 46A / Chapter 10B / Section 46A-10B-28
Accumulation of funds authorized
Status: in_force

In addition to or in lieu of the separate and special funds authorized in § 9-40-16 , the governing body may accumulate funds in a storm drainage fund or other capital reserve fund or operations and maintenance fund established by ordinance or resolution of the governing body. No accumulated funds may revert at the end of the fiscal year, and the governing body may make expenditures from the fund to carry out the purposes of this chapter.

Source: SL 1989, ch 388, § 34.
S.D. Codified Laws § 46A-3D-9 — SD Code / Title 46A / Chapter 3D / Section 46A-3D-9
Eminent domain
Status: in_force

A water development district board of directors may exercise the power of eminent domain to acquire any right, title, interest, estate, or easement necessary to carry out the purposes of chapters 46A-3A to 46A-3E , inclusive, if the district is unable to acquire it by negotiation.

Source: SL 1984 (SS), ch 1, § 41; SL 2025, ch 186, § 47.
S.D. Codified Laws § 46A-1-103 — SD Code / Title 46A / Chapter 1 / Section 46A-1-103
Promulgation of rules by board--Content
Status: in_force

The Board of Water and Natural Resources shall promulgate rules pursuant to chapter 1-26 to implement the provisions of §§ 46A-1-100 to 46A-1-106 , inclusive, consistent with the requirements of federal law in order for an approved brownfields revitalization and economic development program to become eligible for grant funds from the United States Environmental Protection Agency. The rules shall include criteria and procedures for the selection of projects to receive funds from the brownfields revitalization and economic development program and for the administration of the program including the terms of settlement for program participants pursuant to § 34A-10-17 .

Source: SL 2004, ch 275, § 4.
S.D. Codified Laws § 46-2A-14 — SD Code / Title 46 / Chapter 2A / Section 46-2A-14
Application and permit refer to one water use system--Location to be stated
Status: in_force

Any application and permit to appropriate water shall refer to one water use system, the location of which shall be described in the application.

Source: SL 1955, ch 430, § 1; SL 1957, ch 490, § 1; SDC Supp 1960, § 61.0110; SDCL, § 46-5-12 ; SL 1983, ch 316, § 3; SL 1985, ch 345, § 5.
S.D. Codified Laws § 46-2-22 — SD Code / Title 46 / Chapter 2 / Section 46-2-22
Enforcement dry-draw dam domestic use limitations restricted
Status: in_force

The Water Management Board may not enforce limitations on domestic use of water from dry - draw dams complying with § 46-4-3 except in response to a written complaint from a person claiming interference with water permits or rights on the same watercourse. The dry - draw dam owner shall first be given an opportunity for a hearing before the board in accordance with the provisions of chapter 1-26 .

Source: SL 1985, ch 344.
S.D. Codified Laws § 46-10-2.1 — SD Code / Title 46 / Chapter 10 / Section 46-10-2.1
Deposit of documents and orders with court
Status: in_force

The court conducting a general adjudication may direct the chief engineer of the Water Management Board to deposit with the court certified copies of every water permit, water license, certificate of construction, or other document or order and every cancellation of each document or order in the river system and all other sources involved, within a time set by the court. This section does not in any manner limit the powers of the court.

Source: SL 1980, ch 305, § 3; SL 2011, ch 165, § 283.
S.D. Codified Laws § 46A-7-23 — SD Code / Title 46A / Chapter 7 / Section 46A-7-23
Notice of decision to collect assessments against acreage in United States reclamation project
Status: in_force

Whenever a board of directors decides by unanimous vote to make collections of assessments, as provided by § 46A-7-22 , it shall file notice thereof in the office of the county auditor of each county in which the district is situated.

Source: SL 1945, ch 348; SDC Supp 1960, § 61.0932; SDCL, § 46-15-23; SL 1983, ch 13, § 7.
S.D. Codified Laws § 46A-1-12 — SD Code / Title 46A / Chapter 1 / Section 46A-1-12
Allocation of benefits and costs among governmental and private interests--Determination of priorities
Status: in_force

The Board of Water and Natural Resources shall make a comprehensive evaluation and allocation of the comparative benefits and costs of all water facilities included in the State Water Resources Management System among and between the various levels of government and private interests in accordance with § 46A-2-3 . Its recommendations shall include with respect to each such facility the amount or amounts to be shared by each and every level of beneficial user and may provide that the state's share will be apportioned over a period of years and may be funded by appropriations or as may otherwise be provided. These benefit - cost ratios shall be set forth in detail.

The board shall formulate and determine the priority or priorities of any or all such facilities and the sufficient financing thereof.

Source: SL 1972, ch 241, § 18; SDCL Supp, § 46-17A-17; SL 1986, ch 291, § 1.
S.D. Codified Laws § 46A-10A-53 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-53
Establishment of area effective on voters' approval--Waiting period after rejection by voters
Status: in_force

A vote to establish a coordinated drainage area shall be by ballot in the form provided by the board. If a majority of those voting favor the establishment, the area shall from that time be deemed a coordinated drainage area by order of the board. If a majority vote against the establishment, no further proceedings may be taken thereon for a period of two years.

Source: SL 1985, ch 362, § 53.
S.D. Codified Laws § 46-2A-20 — SD Code / Title 46 / Chapter 2A / Section 46-2A-20
Term limitation on water withdrawal from Madison formation in certain counties
Status: in_force

Notwithstanding §§ 46-1-14 and 46-2A-7 , no water permit for construction of works to withdraw water from the Madison formation in Butte, Fall River, Custer, Lawrence, Meade and Pennington counties may be issued for a term of more than twenty years, unless the Water Management Board determines, based upon the evidence presented at a hearing that:

(1) Sufficient information is available to determine whether any significant adverse hydrologic effects on the supply of water in the Madison formation would result if the proposed withdrawal were approved; and

(2) The information, whether provided by the applicant or by other means, shows that there is a reasonable probability that issuance of the proposed permit would not have a significant adverse effect on nearby Madison formation wells and springs.

Source: SL 1992, ch 315, § 1.
S.D. Codified Laws § 46-5-1.1 — SD Code / Title 46 / Chapter 5 / Section 46-5-1.1
Obstruction of navigable watercourse or interference with stage, level, or flow of public waters prohibited--Contests resolved by Water Management Board
Status: in_force

No person may obstruct the free navigation of any navigable watercourse within this state. No person, except under lawful authority to do so, may intentionally obstruct, tamper with, or interfere with the stage, level, or flow of the public waters of this state by any means, including a ditch, drain, or dike, so that the stage, level, or flow of water in any lake, stream, river, or other public watercourse is raised or lowered or its natural flow interfered with in any way. At the request of any person, unit of local government, or political subdivision of the state, any contest pertaining to the restrictions set forth in this section may be brought to the Water Management Board for resolution. The board may require the parties to any contested case under this section to submit the matter for mediation prior to a hearing before the board. Mediation may be informal or through a trained professional mediator as may be directed by the board. All costs of mediation shall be equally shared by the parties unless the parties agree to some other apportionment of costs. The parties shall report to the board at its next regularly scheduled meeting the status of the mediation. If the parties are unable to resolve the matter through mediation, the matter shall be submitted to the board for resolution by contested case hearing. The board's ruling may be appealed to the circuit court under the provisions of chapter 1-26 .

Source: SDC 1939, § 13.1615; SL 1955, ch 435; SDC Supp 1960, § 13.4522; SDCL, §§ 46-26-1, 46-26-2; SL 1983, ch 314, § 38; SL 1996, ch 264.
S.D. Codified Laws § 46A-13-8 — SD Code / Title 46A / Chapter 13 / Section 46A-13-8
Compensation of commissioners
Status: in_force

The commissioners of such drainage district shall be paid the sum of seven dollars per day for each day actually and necessarily spent in performing the duties of their office and in addition their actual expenses incurred in performing such duties.

Source: SDC 1939, § 61.1102; SDCL, § 46-23-8.
S.D. Codified Laws § 46-8-18 — SD Code / Title 46 / Chapter 8 / Section 46-8-18
Right to cross school and public lands--Notice to commissioner
Status: in_force

An owner of works for storage, carriage, or application of water to beneficial use has the right, if necessary, to cross school and public lands, subject to such reasonable conditions as may be prescribed by the commissioner of school and public lands. The owner of the works shall notify the commissioner in writing prior to the crossing. The notification shall contain a description of the works, the location of the land and a plat showing the proposed route of the works. The owner of the works shall bear the cost of construction of any device necessary to assure continued use of the land in the usual manner.

Source: SDC 1939, § 61.0431; SL 1955, ch 431, § 1; SL 1983, ch 314, § 150.
S.D. Codified Laws § 46A-7-41 — SD Code / Title 46A / Chapter 7 / Section 46A-7-41
Tax sale certificate issued to county--Purchase by district--Purchase price, payment by board of directors
Status: in_force

Any irrigation district may purchase the certificate of tax sale issued to any county for land sold at tax sale against which any of its taxes and assessments are delinquent, or, if deed therefor has been issued to the county, may purchase such lands from the county by paying to the county treasurer all state, county, first or second class municipality, school district, and other delinquent taxes, together with penalty, interest, and costs of publication and sale. Such payment shall be made by the directors issuing and delivering to the county treasurer a warrant drawn against the special revenue fund, if there shall be sufficient money in said fund to pay the same in full upon demand, and thereupon such treasurer shall assign such certificate of tax sale to such irrigation district, or the commissioners of the county shall convey such lands to said district.

Source: SDC 1939, § 61.0913; SDCL, § 46-15-41; SL 1992, ch 60, § 2.
S.D. Codified Laws § 46-7-12 — SD Code / Title 46 / Chapter 7 / Section 46-7-12
Willful damage, destruction, or interference with works prohibited
Status: in_force

No person, for any purposes other than those contemplated by this title, may willfully damage, destroy, or otherwise interfere with any works for the application of water to beneficial use, for the apportionment or measurement of water or for any hydrographic study, nor may any person interfere with any person engaged in the discharge of any duties connected therewith.

Source: SDC 1939, § 61.9912; SL 1981, ch 316, § 6; SL 1983, ch 314, § 127.
S.D. Codified Laws § 46-10A-5 — SD Code / Title 46 / Chapter 10A / Section 46-10A-5
Approval of petition--When required
Status: in_force

The Water Management Board shall approve a petition to establish a water use control area if the board finds that a water use control area is in the public interest, is necessary to equitably apportion the available water supplies for use among the water right holders and is feasible.

Source: SL 1983, ch 314, § 183.
S.D. Codified Laws § 46A-4-52 — SD Code / Title 46A / Chapter 4 / Section 46A-4-52
Assent of secretary of interior necessary for change in boundaries of district contracting with United States
Status: in_force

If any contract has been made between the district and the United States as provided in chapters 46A-5 and 46A-6 , no change may be made in the boundaries of the district. The board of directors may make no order changing the boundaries of the district until the secretary of the interior assents to the change in writing and the assent is filed with the board of directors.

Source: SDC 1939, § 61.0824; SDCL § 46-12-51; SL 2011, ch 165, § 350.
S.D. Codified Laws § 46A-11-19 — SD Code / Title 46A / Chapter 11 / Section 46A-11-19
Assessments for drainage--Enforcement by county treasurer, sale of property
Status: in_force

Assessments for drainage or installments shall be enforced by the county treasurer by sale of property at an annual tax sale. However, no late assessment or installment may be included in the sale for any year unless it was delinquent on or before August first of that year. Any provisions of law relating to collection of general taxes, redemption from taxes, and issuance of tax deeds shall apply to enforcement of a lien or drainage assessment if applicable, except that a treasurer's deed issued upon a delinquent drainage assessment shall state that the title is subject to claims which the state or any political subdivision may have against the title for annual taxes.

Source: SDC 1939, § 61.1008; SDCL, § 46-21-19; SL 1985, ch 362, § 116.
S.D. Codified Laws § 46A-10A-42 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-42
Jurisdiction of incorporated municipality
Status: in_force

Nothing in this chapter other than the voluntary provisions of § 46A-10A-12 may be construed to prevent or modify the powers of an incorporated municipality from exercising drainage jurisdiction within the corporate limits and from exercising jointly with the county board or drainage commission the drainage authority outside of the corporate limits.

Source: SL 1985, ch 362, § 42.
S.D. Codified Laws § 46A-3E-13 — SD Code / Title 46A / Chapter 3E / Section 46A-3E-13
Tax levy and special assessment--Extension
Status: in_force

The tax collecting officials shall extend the levy or special assessments upon the tax list of the county, municipality, or other appropriate tax paying entity for the tax year against each description of taxable property or, in the case of special assessments, against each description of taxable property to be specially assessed within the water development district, in the same manner and with the same effect as other taxes and assessments are extended, including the authority, requirements, and procedures contained in chapter 9-43 .

Source: SL 1984 (SS), ch 1, § 57; SL 1987, ch 333, § 3; SL 2025, ch 186, § 64.
S.D. Codified Laws § 46A-15-5 — SD Code / Title 46A / Chapter 15 / Section 46A-15-5
Settlement of state claim relating to Pick-Sloan Missouri Basin Program authorized--Damages and obligations enumerated
Status: in_force

The state shall proceed as quickly as possible to enact and implement at the state and federal levels a settlement, pursuant to §§ 46A-15-5 to 46A-15-14 , inclusive, of South Dakota's claims resulting from damages and unfulfilled federal obligations to South Dakota relating to the Pick-Sloan Missouri Basin Program created by the Congress of the United States in the 1944 Flood Control Act. The damages and obligations include, but are not limited to, the loss of nearly five hundred thirty thousand acres of land inundated in South Dakota by four Pick-Sloan dams constructed in South Dakota, failure of the federal government to honor its commitment to develop nine hundred seventy - two thousand acres of Pick-Sloan irrigation in South Dakota, a grossly inequitable distribution of Pick-Sloan benefits and costs among the states of the Missouri Basin, significant environmental and bank erosion damages caused by the construction and operation of the Pick-Sloan dams, the loss to South Dakota's economy of more than one billion one hundred million dollars in foregone economic activity because of the removal from production of inundated lands, and the loss of future opportunity for development by the state of the resources of the Missouri River.

Source: SL 1988, ch 369, § 1.
S.D. Codified Laws § 46-2A-7.7 — SD Code / Title 46 / Chapter 2A / Section 46-2A-7.7
Transfer of water permit application
Status: in_force

No water permit application approved by the board pursuant to § 46-2A-7.6 may be transferred until the water has been placed to beneficial use as specified in the permit. For a permit to irrigate, no transfer of water or acreage may be approved for an amount of water or acres greater than the amount developed at the original site.

Source: SL 2014, ch 214, § 8.
S.D. Codified Laws § 46A-4-46 — SD Code / Title 46A / Chapter 4 / Section 46A-4-46
Records of board of directors open for inspection--Publication of statement of proceedings--Filing of list of expenditures
Status: in_force

All records of the board of directors shall be open to the inspection of any elector during business hours, and the board shall cause to be published at the close of each regular or special meeting a brief statement of the proceedings of the board in one newspaper of general circulation in the district, at the legal rate for advertising legal notices. The board shall file an itemized list of all expenditures approved at any such meeting at the office of the auditor of the county or counties where the district is located within ten days of any such meeting.

Source: SDC 1939, § 61.0810; SL 1953, ch 482; SDCL § 46-12-45; SL 1975, ch 276, § 3; SL 2011, ch 165, § 347.
S.D. Codified Laws § 46A-17-1 — SD Code / Title 46A / Chapter 17 / Section 46A-17-1
Compact with Wyoming--Ratification and approval--Text of compact
Status: in_force

Ratification and approval is hereby given to the Belle Fourche River Compact as signed at the city of Cheyenne in the state of Wyoming on the eighteenth day of February, A. D. 1943, by L. C. Bishop, the state engineer and interstate streams commissioner of the state of Wyoming, and the above - named assistant commissioners, under and in accordance with the authority of the act of the Twenty - sixth Wyoming Legislature approved on the twenty - fourth day of February, 1941, entitled "An Act relating to the appointment of Interstate Streams Commissioner and assistant Commissioners to negotiate agreements relative to interstate streams and providing for the Governor of Wyoming to notify the Governors of other states as to the appointment of said Commissioner, detailing the authority of said Commissioner," which compact was also signed by the duly authorized commissioners of the State of South Dakota and approved by the representative of the United States, which Belle Fourche River Compact is in full as follows:

BELLE FOURCHE RIVER COMPACT

The states of South Dakota and Wyoming, parties signatory to this compact (hereinafter referred to as South Dakota and Wyoming, respectively, or individually as a state, or collectively as the states), have resolved to conclude a compact as authorized under the act of Congress of February 26, 1927, chapter 216, 44 Stat. 1247, and, after negotiations participated in by the following named state commissioners, For South Dakota: M. Q. Sharpe, G. W. Morsman, S. G. Mortimer, W. D. Buchholz. For Wyoming: L. C. Bishop, Samuel McKean, L. H. Robinson, Mrs. E. E. McKean and by Howard R. Stinson, appointed as the representative of the United States of America, have agreed upon the following articles, to wit:

ARTICLE I

A. The major purposes of this compact are to provide for the most efficient use of the waters of the Belle Fourche River Basin (hereinafter referred to as the basin) for multiple purposes; to provide for an equitable division of such waters; to remove all causes, present and future, which might lead to controversies; to promote interstate comity; to recognize that the most efficient utilization of the waters within the basin is required for the full development of the basin; and to promote joint action by the states and the United States in the efficient use of water and the control of floods.

B. The physical and other conditions peculiar to the basin constitute the basis for this compact; and none of the states hereby, nor the Congress of the United States by its consent, concedes that this compact establishes any general principle or precedent with respect to any other interstate stream.

C. Either state and all others using, claiming or in any manner asserting any right to the use of the waters of the Belle Fourche River under the authority of that state, shall be subject to the terms of this compact.

ARTICLE II

As used in this compact:

A. The term, Belle Fourche River, shall mean and include the Belle Fourche River and all its tributaries originating in Wyoming.

B. The term, basin, shall mean that area in South Dakota and Wyoming which is naturally drained by the Belle Fourche River, and all its tributaries.

C. The term, beneficial use, is herein defined to be that use by which the water supply of a drainage basin is depleted when usefully employed by the activities of man, and includes water lost by evaporation, and other natural causes from streams, canals, ditches, irrigated areas, and reservoirs.

D. Where the name of the state or the term, state or states, is used, these shall be construed to include any person or entity of any nature whatsoever using, claiming, or in any manner asserting any right to the use of the waters of the Belle Fourche River under the authority of that state.

ARTICLE III

It shall be the duty of the two states to administer this compact through the official in each state who is now or may hereafter be charged with the duty of administering the public water supplies, and to collect and correlate through such officials the data necessary for the proper administration of the provisions of this compact. Such officials may, by unanimous action, adopt rules and regulations consistent with the provisions of this compact.

The United States geological survey, or whatever federal agency may succeed to the functions and duties of that agency, in so far as this compact is concerned, shall collaborate with the officials of the states charged with the administration of this compact in the execution of the duty of such officials in the collection, correlation, and publication of information necessary for the proper administration of this compact.

ARTICLE IV

Each state shall itself or in conjunction with other responsible agencies cause to be established, maintained, and operated such suitable water gauging stations as it finds necessary to administer this compact.

ARTICLE V

A. Wyoming and South Dakota agree that the unappropriated waters of the Belle Fourche River as of the date of this compact shall be allocated to each state as follows: ninety percent to South Dakota; ten percent to Wyoming; provided, that allocations to Wyoming shall be exclusive of the use of these waters for domestic and stock use, and Wyoming shall be allowed unrestricted use for these purposes, except that no reservoir for such use shall exceed twenty acre - feet in capacity. For storage of its allocated water, Wyoming shall have the privilege of purchasing at cost not to exceed ten percent of the total storage capacity of any reservoir or reservoirs constructed in Wyoming for irrigation of lands in South Dakota, or may construct reservoirs itself for the purpose of utilizing such water. Either state may temporarily divert, or store for beneficial use, any unused part of the above percentages allotted to the other, but no continuing right shall be established thereby.

B. Rights to the use of the waters of the Belle Fourche River, whether based on direct diversion or storage, are hereby recognized as of the date of this compact to the extent these rights are valid under the law of the state in which the use is made, and shall remain unimpaired hereby. These rights, together with the additional allocations made under A of this article, are agreed to be an equitable apportionment between the states of the waters of the basin.

C. The waters allocated under A of this article and the rights recognized under B of this article are hereinafter referred to collectively as the apportioned water. For the purposes of the administration of this compact and determining the apportioned water at any given date within a given calendar year, there shall be taken the sum of:

(1) The quantity of water in acre - feet that passed the Wyoming-South Dakota state line during the period from January first of that year to that given date.

(2) The quantity of water in acre - feet in storage on that date in all reservoirs built in Wyoming on the Belle Fourche River subsequent to the date of this compact.

ARTICLE VI

Any person, entity, or state shall have the right to acquire necessary property rights in another state by purchase or through the exercise of the power of eminent domain for the construction, operation and maintenance of storage reservoirs and of appurtenant works, canals, and conduits required for the enjoyment of the privileges granted by article V and article VII A; provided, however, that the grantees of such rights shall pay to the political subdivisions of the state in which such works are located, each and every year during which such rights are enjoyed for such purposes, a sum of money equivalent to the average annual amount of taxes assessed against the lands and improvements thereon during the ten years preceding the use of such lands in reimbursement for the loss of taxes to said political subdivisions of the state.

ARTICLE VII

A. Either state shall have the right, by compliance with the laws of the other state, to file applications for and receive permits to construct or participate in the construction and use of any dam, storage reservoir, or diversion works in such state for the purpose of conserving and regulating the apportioned water of the other state; provided, that such right is subject to the rights of the other state to control, regulate, and use water apportioned to it.

B. Each claim hereafter initiated for storage or diversion of water in one state for use in another state shall be filed in the office of the state engineer of the state in which the water is to be stored or diverted, and a duplicate copy of the application including a map showing the character and location of the proposed facilities and the lands to be irrigated shall be filed in the office of the state engineer of the state in which the water is to be used. If a portion or all the lands proposed to be reclaimed are located in a state other than the one in which the water is to be stored or diverted, then, before approval of the application shall be granted, said application shall be checked against the records of the appropriate office of the state in which the water is to be used, and a notation shall be placed thereon by the officer in charge of such records to the effect that the land description does not indicate a conflict with existing water rights. All endorsements shall be placed on both the original and duplicate copies of all such maps filed to the end that the records in both states may be complete and identical.

C. Appropriations may hereafter be adjudicated in the state in which the water is stored or diverted, and where a portion or all of the lands irrigated are in the other state, such adjudications shall be confirmed in the latter state by the proper authority. Each adjudication is to conform with the laws of the state where the water is stored or diverted and shall be recorded in the county and state where the water is used.

ARTICLE VIII

In case any reservoir is constructed in Wyoming, to be used principally for irrigation of lands in South Dakota, sufficient water not to exceed ten cubic feet per second shall be released at all times for stock water use.

ARTICLE IX

No reservoir hereafter built solely to utilize the water allocated to Wyoming shall have a capacity in excess of one thousand acre - feet.

ARTICLE X

The provisions of this compact shall remain in full force and effect until amended by action of the Legislature of the states and consented to and approved by the Congress of the United States in the same manner as this compact is required to be ratified to become effective.

ARTICLE XI

This compact may be terminated at any time by unanimous consent of the states, and upon such termination, all rights then established hereunder or recognized hereby shall continue to be recognized as valid by the states notwithstanding the termination of the other provisions of the compact.

ARTICLE XII

Nothing in this compact shall be construed to limit or prevent either state from instituting or maintaining any action or proceeding, legal or equitable, in any federal court or the United States Supreme Court for the protection of any right under this compact or the enforcement of any of its provisions.

ARTICLE XIII

Nothing in this compact shall be deemed:

A. To impair or affect any rights or powers of the United States, its agencies, or instrumentalities, in and to the use of the waters of the Belle Fourche River nor its capacity to acquire rights in and to the use of said waters;

B. To subject any property of the United States, its agencies, or instrumentalities to taxation by either state or subdivision thereof, nor to create an obligation on the part of the United States, its agencies, or instrumentalities, by reason of the acquisition, construction or operation of any property or works of whatsoever kind, to make any payments to any state or political subdivision thereof, state agency, municipality, or entity whatsoever in reimbursement for the loss of taxes;

C. To subject any property of the United States, its agencies, or instrumentalities, to the laws of any state to an extent other than the extent to which these laws would apply without regard to the compact.

ARTICLE XIV

This compact shall become operative when approved by the Legislature of each of the states, and when consented to by the Congress of the United States by legislation providing, among other things, that:

A. Any beneficial uses hereafter made by the United States, or those acting by or under its authority, within a state, of the waters allocated by this compact, shall be within the allocations hereinabove made for the use into that state and shall be taken in account in determining the extent of use within that state.

B. The United States, or those acting by or under its authority, in the exercise of rights or powers arising from whatever jurisdiction the United States has in, over and to the waters of the Belle Fourche River and all its tributaries, shall recognize, to the extent consistent with the best utilization of the waters for multiple purposes, that beneficial use of the waters within the basins is of paramount importance to development of the basin, and no exercise of such power or right thereby that would interfere with the full beneficial use of the waters shall be made except upon a determination, giving due consideration to the objectives of this compact and after consultation with all interested federal agencies and the state officials charged with the administration of this compact, that such exercise is in the best interest of the best utilization of such waters for multiple purposes.

C. The United States, or those acting by or under its authority, will recognize any established use, for domestic and irrigation purposes, of the apportioned waters which may be impaired by the exercise of federal jurisdiction in, over, and to such waters; provided, that such use is being exercised beneficially, is valid under the laws of the appropriate state and in conformity with this compact at the time of the impairment thereof, and was validly initiated under state law prior to the initiation or authorization of the federal program or project which causes such impairment.

ARTICLE XV

Should a court of competent jurisdiction hold any part of this compact to be contrary to the Constitution of any state or of the United States, all other severable provisions shall continue in full force and effect.

In Witness Whereof the commissioners have signed this compact in triplicate original, one of which shall be filed in the archives of the department of state of the United States of America and shall be deemed the authoritative original, and of which a duly certified copy shall be forwarded to the Governor of each of the states.

Done at the city of Cheyenne in the state of Wyoming, this eighteenth day of February, in the year of Our Lord, One Thousand Nine Hundred and Forty - three.

Source: SL 1943, ch 283, § 1; SDC Supp 1960, § 55.5101; SDCL, § 46-30-1.
S.D. Codified Laws § 46A-18-62 — SD Code / Title 46A / Chapter 18 / Section 46A-18-62
County contributions to districts
Status: in_force

In addition to other powers specified by law, a board of county commissioners may contribute to districts assistance as necessary for the benefit of the county highway system, for maintenance of flood control or for water management and erosion control measures from the road fund.

Source: SL 1984, ch 293, § 61.
S.D. Codified Laws § 46A-5-18 — SD Code / Title 46A / Chapter 5 / Section 46A-5-18
Contracts with United States concerning federal reclamation acts and water supply
Status: in_force

The board of directors may enter into any obligation or contract with the United States for the construction, operation, and maintenance of the necessary works for the delivery and distribution of water under the provisions of the federal reclamation acts and all acts amendatory thereof, or supplementary thereto, and the rules and regulations established under such acts, as amended to January 1, 2011. The board may contract with the United States for a water supply under any act of Congress providing for or permitting such contract.

Source: SDC 1939, § 61.0810; SL 1953, ch 482; SDCL § 46-13-18; SL 2011, ch 165, § 383.
S.D. Codified Laws § 46A-14-8 — SD Code / Title 46A / Chapter 14 / Section 46A-14-8
Initiating petition--Contents
Status: in_force

The initiating petition shall contain the following:

(1) The name of the proposed district;

(2) A statement that there is need in the interest of the public health, safety, and welfare for creation of a district to accomplish improvements in the watershed;

(3) A statement in general terms setting forth the purposes of the contemplated improvements, the territory to be included in the district, and all proposed subdivisions, if any, of the district;

(4) The number of and names of the initial board of managers of the proposed district, the provisions of §§ 6-16-5 and 6-16-5.2 notwithstanding. The initial managers shall serve for a period of one year or until the first annual meeting. The petition shall specify whether the board consists of three or five members. The managers shall be eligible voters of the proposed district or the designee of an eligible voter as provided in § 46A-14-15.1 . However, no manager may be a public officer of the state or federal government;

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

(6) The location of the official place of business of the proposed district.

Source: SL 1957, ch 492, § 5; SL 1959, ch 452, § 3; SDC Supp 1960, § 61.1505 (3); SDCL § 46-24-8; SL 1992, ch 60, § 2; SL 2000, ch 32, § 7; SL 2013, ch 228, § 12.
S.D. Codified Laws § 46A-9-31 — SD Code / Title 46A / Chapter 9 / Section 46A-9-31
Removal of members of board of directors from office--Grounds--Procedure
Status: in_force

Members of the board of directors may be removed from office for the same reasons and in the same manner as provided in §§ 3-17-6 to 3-17-11 , inclusive, for the removal of county and other local officers.

Source: SL 1939, ch 291, § 5; SDC Supp 1960, § 61.1305 (1); SDCL, § 46-16-31 .
S.D. Codified Laws § 46-5-30.4 — SD Code / Title 46 / Chapter 5 / Section 46-5-30.4
Amendment of permits or rights
Status: in_force

Subject to the limitations in §§ 46-5-33 and 46-5-34 governing changes in irrigation rights from one parcel of land to another, any water permit or right holder may apply for a change of use of the water, a change of location of the use or other amendment to the permit or right. Permits or rights may be amended pursuant to the procedure contained in chapter 46-2A . Priority shall be retained upon amendment. An amendment of a water permit or right may not increase the rate of diversion or increase the volume of water to be appropriated under the original water permit or right. The amendment may not impair existing rights.

Source: SL 1983, ch 314, § 67.
S.D. Codified Laws § 46A-16-13 — SD Code / Title 46A / Chapter 16 / Section 46A-16-13
Big Stone lake water level--Maintenance, operation, and discharge limitation of Big Stone control dam
Status: in_force

It is hereby determined that the most desirable and beneficial level for the waters of Big Stone Lake from May first to October first of each year is elevation 967, project datum. The South Dakota - Minnesota Boundary Waters Commission, the South Dakota secretary of game, fish and parks and the Minnesota commissioner of conservation shall maintain and operate the Big Stone Control Dam in conformance herewith. Water discharges from the control dam may not exceed one hundred cubic feet per second unless it is determined to be impracticable to do so by the South Dakota - Minnesota Boundary Commission, the South Dakota secretary of game, fish and parks and the Minnesota commissioner of conservation.

Source: SDC 1939, § 55.5309 as enacted by SL 1961, ch 278, § 2; SDCL, § 46-29-12; SL 1981, ch 325, § 1.
S.D. Codified Laws § 46A-4-85 — SD Code / Title 46A / Chapter 4 / Section 46A-4-85
Vote against dissolution precludes another election during year
Status: in_force

If a majority of the votes are "For dissolution, No," there may not be another election upon the question of a dissolution of the district during the year in which the election was held.

Source: SDC 1939, § 61.0848; SDCL § 46-12-80; SL 2011, ch 165, § 370.
S.D. Codified Laws § 46-1-5 — SD Code / Title 46 / Chapter 1 / Section 46-1-5
Domestic use of water takes precedence over appropriative rights--Governmental use
Status: in_force

It is the established policy of this state:

(1) That the use of water for domestic purposes is the highest use of water and takes precedence over all appropriative rights, if it is exercised in a manner consistent with public interest as provided in § 46-1-2 ;

(2) That the state may, through its institutions, facilities, and properties, and a water distribution system may acquire and hold rights to use water, which rights shall be protected to the fullest extent necessary for existing and future uses, but neither the state nor any water distribution system may acquire or hold any right to waste any water, to use water for other than its own purposes or to prevent the appropriation and application of water in excess of its reasonable and existing needs for useful purposes by other persons, subject to the rights of the state or a water distribution system to apply the water to use whenever necessity therefor exists.

Source: SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0101 (5); SL 1966, ch 259, § 1; SL 1972, ch 237, § 2; SL 1983, ch 314, § 2.
S.D. Codified Laws § 46A-14-54 — SD Code / Title 46A / Chapter 14 / Section 46A-14-54
Publication of resolution and notice of hearing--Apportionment of benefits
Status: in_force

Upon adoption of the resolution as provided in § 46A-14-51 , the managers shall publish the resolution and a notice of hearing once each week for three consecutive weeks immediately preceding the hearing in a legal newspaper of general circulation in each county in which land of the district is located. The notice shall state the time and place for the hearing and state that the managers will meet for the purpose of hearing all parties interested in the apportionment of benefits by reason of the proposed improvements. The notice shall state that all such interested parties may provide testimony at the hearing in person, or by counsel, or may file written testimony. The managers shall conduct the hearing and shall make the apportionments fair and just according to benefits received from the improvements and give due credit for the work already done.

Source: SL 1957, ch 492, § 23; SL 1959, ch 452, § 18; SDC Supp 1960, § 61.1523 (4); SDCL § 46-24-53; SL 2013, ch 228, § 39.
S.D. Codified Laws § 46A-9-26 — SD Code / Title 46A / Chapter 9 / Section 46A-9-26
Election of directors--Voting rights
Status: in_force

Every owner of land and entryman within the district, and every person or corporation which is a party to a contract with the district for the purchase of water, for the collection, treatment, or disposal of wastewater, or other services to be furnished by the district, may cast one vote at each election for each director to be elected for whom the voter is entitled to vote. However, the vote which a voter is entitled to cast by reason of being a party to any such contract with the district is in addition to the vote to which the voter may be entitled by reason of being a landowner or entryman within the district. If election divisions are provided for, each person or corporation entitled to vote by reason of being a party to a contract, as provided in this section, shall select the division in which the person or corporation will vote. The selection shall be made under procedures established by resolution by the board of directors.

Source: SL 1939, ch 291, § 5; SDC Supp 1960, § 61.1305 (2); SDCL, § 46-16-25; SL 1993, ch 256, § 82; SL 2006, ch 226, § 4.
S.D. Codified Laws § 46-5-1.2 — SD Code / Title 46 / Chapter 5 / Section 46-5-1.2
Removal of obstructions built by beavers if lands flooded or water rights impaired
Status: in_force

No person owning land through which a watercourse passes may prohibit the removal of obstructions built by beavers in the watercourse, if the beavers have obstructed or interfered with the flow of water through the watercourse in a manner that floods land belonging to others or impairs existing water rights. Upon written request, the Department of Game, Fish and Parks may authorize removal of the beavers.

Source: SL 1987, ch 332, § 6.
S.D. Codified Laws § 46A-10B-2 — SD Code / Title 46A / Chapter 10B / Section 46A-10B-2
Counties or municipalities authorized to establish drainage basin utility districts
Status: in_force

Any combination of one or more counties or municipalities may, by joint powers agreement pursuant to chapter 1-24 , and subject to the limitations provided in this chapter, establish drainage basin utility districts to enhance the ability of local governments to comply with federal and state water quality standards, or to alleviate conditions in one or more drainage basins that may, because of flooding or other surface drainage, threaten human life, produce severe damage to property, seriously impact the environment, produce serious sociological impact, or cause serious adverse economic impacts in the basin.

Source: SL 1989, ch 388, § 2.
S.D. Codified Laws § 46A-10B-17 — SD Code / Title 46A / Chapter 10B / Section 46A-10B-17
Benefit versus cost analysis required
Status: in_force

The governing body shall analyze each project and compare the total benefits to be achieved with the anticipated cost of the project. Projects shall be considered if the analysis indicates that the total benefits are greater than the cost of the project.

Source: SL 1989, ch 388, § 23.
S.D. Codified Laws § 46A-9-44 — SD Code / Title 46A / Chapter 9 / Section 46A-9-44
Extraterritorial powers of district
Status: in_force

The district may exercise any of the powers enumerated in §§ 46A-9-41 and 46A-9-43 either within or beyond or partly within and partly beyond the boundaries of the district and of the State of South Dakota, unless prohibited by the law of the area or state concerned or of the United States of America.

Source: SL 1939, ch 291, § 7; SDC Supp 1960, § 61.1307 (3); SDCL § 46-16-42; SL 2011, ch 165, § 480.
S.D. Codified Laws § 46A-6-16 — SD Code / Title 46A / Chapter 6 / Section 46A-6-16
Bonds of district to be delivered to United States under reclamation contract--Form--Terms--Denominations
Status: in_force

Bonds authorized and issued as provided in § 46A-5-4 for the purpose of being delivered to the United States and held or sold by it, shall be in the form, terms, and denominations as may be fixed by the secretary of the interior in carrying out the provisions of the act of Congress of June 17, 1902, (32 Stat. 388), as amended to January 1, 2011, and any acts that are supplementary to the act.

Source: SDC 1939, § 61.0901; SDCL § 46-14-15; SL 1984, ch 43, § 121; SL 2011, ch 165, § 400.
S.D. Codified Laws § 46A-4-78 — SD Code / Title 46A / Chapter 4 / Section 46A-4-78
Motion to reconsider exclusion of unproductive lands--Time--Appeal to circuit court--Contents--Trial--Filing of final resolution
Status: in_force

Any person aggrieved by the final action of the board of directors acting pursuant to the provisions of § 46A-4-77 on a resolution of exclusion may file a written motion for reconsideration within ten days after adoption of the final resolution. Such person may appeal to the circuit court for the county in which the lands are located within twenty days after consideration by the district board of the motion for reconsideration. The appeal shall consist of notice and a recital of the proceedings taken, the facts and matters involved, and the reasons why the appellant is aggrieved by the action of the board. The appeal shall be tried before the circuit court for the county. The circuit court shall have jurisdiction to hear, decide, adjudicate, and make any and all necessary orders and judgments in the premises as in civil actions. If a motion for reconsideration or an appeal is not taken within the time allowed, the final resolution shall be filed for record in the clerk of courts and in the office of the board of county commissioners and the county treasurer of each county in which the excluded lands are located.

Source: SL 1976, ch 277, § 24; SDCL Supp, § 46-12-74.3.
S.D. Codified Laws § 46A-10B-35 — SD Code / Title 46A / Chapter 10B / Section 46A-10B-35
Board to consider certain provisions and guidelines in establishing ordinances or procedures
Status: in_force

In establishing the ordinances or procedures required by this chapter, the board or the governing body shall consider the provisions of chapter 26, article vii, Ft. Collins code of the City of Ft. Collins, Colorado; any guidelines, standards or policies developed by the Urban Land Institute; and stormwater design criteria as established by the United States Environment Protection Agency.

Source: SL 1989, ch 388, § 41; SL 1993, ch 256, § 85.
S.D. Codified Laws § 46A-2-29 — SD Code / Title 46A / Chapter 2 / Section 46A-2-29
Federal contracts for multi-purpose projects--Approval of contract provisions
Status: in_force

No contract affected by § 46A-2-28 is valid unless the provisions of that contract have been approved by the Board of Water and Natural Resources.

Source: SL 1980, ch 307, § 2; SDCL Supp, § 46-17-24.3.
S.D. Codified Laws § 46A-15-12 — SD Code / Title 46A / Chapter 15 / Section 46A-15-12
Composition of authority--Chairman--Submission of recommendations--Dissolution
Status: in_force

The Missouri River cost recovery authority shall be composed of nine members: two at - large members appointed by the Governor, two members of the Board of Water and Natural Resources appointed by the Governor, two members of the Legislature appointed by the Governor, one member appointed by the South Dakota Rural Electric Association, one member appointed by the South Dakota Municipal Electric Association, and one member appointed by the investor owned electric companies of South Dakota. The Governor shall appoint the chairman of the authority from among its membership. The authority shall submit its recommendations to the Governor and the Legislature during the 1989 Legislative Session, at which time the authority shall be dissolved, unless otherwise directed by the Legislature.

Source: SL 1988, ch 369, § 8; SL 1991, ch 17 (Ex. Ord. 91-4), § 17.
S.D. Codified Laws § 46-2-24 — SD Code / Title 46 / Chapter 2 / Section 46-2-24
Prehearing officer--Duties--Rulings
Status: in_force

The Water Management Board member appointed as prehearing officer pursuant to § 1-41-15.3 may act on behalf of the board concerning prehearing motions, scheduling orders, and subpoenas. Any ruling of the prehearing officer may be appealed by the affected party to the board for a board ruling. The appeal to the board shall be filed with the prehearing officer within ten days of the date of the prehearing officer's ruling or prior to the next board meeting if the meeting is less than ten days from the date of the prehearing officer's ruling. The prehearing officer may defer a ruling directly to the board.

Source: SL 2021, ch 13, § 2; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 52, eff. Apr. 19, 2021 .
S.D. Codified Laws § 46A-10A-61 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-61
Survey and report contracted by board--Contents--Right of entry--Copy to department
Status: in_force

If the board determines it is necessary, it shall contract for a survey of the proposed drainage to be made by an engineer selected by the board. The survey and subsequent report shall show the starting point, the route, the terminus of any proposed ditch or drain or other improvement, and the course and length of any drain through each tract of land, together with the number of acres from each tract required for construction of improvements. The survey and report shall show the elevation of all lakes, ponds, and sloughs or depressions in the project and the boundary of the proposed project, to include all land that will be benefited by the proposed improvements. The survey and report shall include the approximate location of watersheds within the district, a description of each tract of land within the district, and the names of the owners and shall identify that tract of land most likely to receive average benefit from the project. The survey and report shall estimate the probable cost and shall include other facts and recommendations the engineer deems material so the board may determine the feasibility of the project. The survey may extend to lands other than those affected by the proposed project to determine the best practical method of draining the entire area under study. For the purpose of inspection or surveys, board members, engineers, or their employees may enter upon any land traversed by the proposed project that, in their judgment, is likely to be affected. The county auditor shall furnish the Department of Agriculture and Natural Resources a copy of the engineer's report and all maps and plans prepared by the engineer.

Source: SL 1985, ch 362, § 62; SL 2011, ch 165, § 498; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 46A-1-66 — SD Code / Title 46A / Chapter 1 / Section 46A-1-66
Interest on loans
Status: in_force

Loans made from the South Dakota Water and Environment Program by the South Dakota Conservancy District shall bear no interest until the Water Management Board has issued its final decision to grant a permit to appropriate water under chapter 46-5 or chapter 46-6 for the project for which the loan is made. Except as provided in § 46A-1-69 , beginning with the date of the final decision of the Water Management Board, a loan from the water and environment fund shall bear interest at an annual rate not to exceed ten percent as determined by the Board of Water and Natural Resources. In establishing the interest rate, however, the Board of Water and Natural Resources shall give due regard to the maximum rate of interest which the project may economically afford.

Source: SL 1982, ch 316, § 6A; SDCL Supp, § 46-17A-54.3; SL 1983, ch 315, § 12; SL 1992, ch 254, § 8.
S.D. Codified Laws § 46A-18-31 — SD Code / Title 46A / Chapter 18 / Section 46A-18-31
Corporate powers vested in directors
Status: in_force

The corporate powers of the water project district shall be vested in and exercised by the board of directors of the district.

Source: SL 1984, ch 293, § 30.
S.D. Codified Laws § 46A-1-36 — SD Code / Title 46A / Chapter 1 / Section 46A-1-36
Covenant to collect revenues sufficient for retirement of bonds
Status: in_force

The district may covenant with or for the benefit of the holder of any bonds issued under this chapter that if any such bonds remain outstanding and unpaid, the district will fix, maintain, and collect in such installments as may be agreed upon, all revenues authorized to be pledged under § 46A-1-33 until the bonds and accruing interest have been paid in accordance with their terms. The aggregate revenues shall be sufficient at all times to pay all necessary expenses of the operation and maintenance of any project, to pay the bonds at maturity and accruing interest on the bonds in accordance with their terms, and to create and maintain all reserves for the bonds as provided by the resolution authorizing the bonds.

Source: SL 1972, ch 241, § 35; SDCL Supp, § 46-17A-34; SL 2011, ch 165, § 296.
S.D. Codified Laws § 46A-10A-87 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-87
Improvements requiring notice and hearing--Reclassification of benefits--Appeal
Status: in_force

If a board deems it desirable to make drainage improvements and the estimated cost exceeds ten thousand dollars, it shall set a date for a hearing on the matter and on the matter of reclassification of benefits for the cost of the improvements and shall provide notice as provided in § 46A-10A-62 . At the hearing the board shall hear testimony on the feasibility of the improvements and on reclassification and shall take action as it considers desirable regarding the improvements. If, due to extensive modification to the project and its operation, the board determines a reclassification of benefits should be undertaken, the board shall proceed in accordance with §§ 46A-11-2 to 46A-11-4 , inclusive. Any affected party has the right to appeal the board's decision to reclassify benefits and to such classification, if accomplished.

Source: SL 1985, ch 362, § 88.
S.D. Codified Laws § 46A-9-46 — SD Code / Title 46A / Chapter 9 / Section 46A-9-46
Eminent domain--Appraisement of private property or interest
Status: in_force

In addition to any other rights and powers conferred upon any water user district organized under the provisions of this chapter, the district may exercise the power of eminent domain for the purposes and after the manner provided for in chapter 21-35 , after declaring by resolution the necessity for and purpose of the taking of property and the extent of the taking. If any such district condemns private property or interests in the private property, the appraisement shall include the amount of damage that will accrue to the owner of the condemned property through severance of the condemned property from other property of the owner, previously operated with the condemned property, as a unit.

Source: SL 1939, ch 291, § 8; SDC Supp 1960, § 61.1308; SDCL § 46-16-44; SL 2011, ch 165, § 481.
S.D. Codified Laws § 46-6-9 — SD Code / Title 46 / Chapter 6 / Section 46-6-9
Well driller license--Fee--Issuance
Status: in_force

Any well driller, before doing any well drilling and before contracting for any such work, shall first secure and thereafter maintain a license. The words "South Dakota Licensed Well Driller No." shall be plainly displayed at a conspicuous place on the premises where the work is being conducted. The fee for the license is two hundred dollars for a resident, and three hundred dollars for a nonresident. The same amounts shall be paid each calendar year for renewal of the license. A resident is any person whose primary residence is located in South Dakota and has not claimed residency in any other state within ninety days of filing an application to become licensed. The fee shall be paid to the Department of Agriculture and Natural Resources and deposited with the state treasurer in the environment and natural resources fee fund established in § 1-41-23 . The license shall be issued pursuant to the procedures contained in chapter 46-2A . No license may be issued unless the applicant is experienced and knowledgeable in good well construction methods. The Water Management Board shall promulgate rules pursuant to chapter 1-26 establishing qualifications for well drillers.

Source: SL 1955, ch 431, § 1; SDC Supp 1960, § 61.0415; SL 1977, ch 365; SL 1981, ch 317; SL 1983, ch 314, § 98; SL 1993, ch 256, § 59; SL 2009, ch 13, § 9; SL 2021, ch 1 (Ex. Ord. 21-3), §§ 14, 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 46A-5-25 — SD Code / Title 46A / Chapter 5 / Section 46A-5-25
Apportionment of water by board
Status: in_force

If the water supply is not sufficient to supply continuously the lands susceptible of irrigation from the water supply, the board of directors shall apportion, in a just and equitable proportion, a certain amount of the water upon certain or alternate days to different localities, as the board deems best for the interests of all concerned and with due regard to the legal and equitable rights of all.

Source: SDC 1939, § 61.0926; SDCL § 46-13-25; SL 2011, ch 165, § 388.
S.D. Codified Laws § 46A-9-86 — SD Code / Title 46A / Chapter 9 / Section 46A-9-86
Director or employee benefit from contract authorized--Direct benefit described
Status: in_force

For purposes of § 46A-9-85 , a direct benefit from a contract is derived if the director or employee, the spouse of the director or employee, or any other person with whom the director or employee lives and commingles assets:

(1) Has more than a five percent ownership interest in an entity that is a party to the contract;

(2) Derives income, compensation, or commission directly from the contract or from an entity that is a party to the contract;

(3) Acquires real or personal property under the contract; or

(4) Serves as a director on the board of a for-profit entity that:

(a) Derives income or a commission from the contract; or

(b) Acquires real or personal property under the contract.

A direct benefit is not derived solely from the value associated with any investment or holdings by a director or employee, the spouse of the director or employee, or any other person with whom the director or employee lives and commingles assets.

Source: SL 2023, ch 152, § 2.
S.D. Codified Laws § 46A-14-75 — SD Code / Title 46A / Chapter 14 / Section 46A-14-75
Claims against district--Payment by warrant or order--Registration
Status: in_force

All claims against watershed districts shall be paid by warrants or orders drawn on the district secretary-treasurer, signed by the chair of the district and countersigned by its secretary-treasurer. When warrants or orders have been issued and delivered, they may be presented to the treasurer of the watershed district. If necessary, the treasurer shall endorse them "not paid for want of funds." These orders or warrants shall be registered by the secretary-treasurer in order of presentation and shall draw interest per year at a rate negotiated by the parties from the date of registration. They shall be registered by the district secretary-treasurer in anticipated receipt of watershed district taxes or assessments due the district.

Source: SL 1957, ch 492, § 31; SL 1959, ch 452, § 25; SDC Supp 1960, § 61.1531; SDCL § 46-24-74; SL 1983, ch 28, § 63; SL 2011, ch 165, § 534.
S.D. Codified Laws § 46A-14-58 — SD Code / Title 46A / Chapter 14 / Section 46A-14-58
Resolution approving tax or assessment levy--Detailed reports
Status: in_force

After completing the apportionment of benefits and the referendum pursuant to §§ 46A-14-54 and 46A-14-55 for purposes of implementing the general plan of improvements, the managers shall prepare and by resolution approve the tax or assessment levy against landowner's land and buildings outside of the corporate limits of municipalities and shall file a detailed report of the tax or assessment levy with the appropriate county auditor. In addition, the managers shall prepare and by resolution approve the tax or assessment levy for operations, maintenance, and other district business as provided in § 46A-14-69 and file a detailed report of the tax or assessment levy with the appropriate county auditor. The county auditor shall spread the district levy upon the county tax rolls and collect the district levy in the same manner as other county taxes.

Source: SL 1957, ch 492, § 23; SL 1959, ch 452, § 18; SDC Supp 1960, § 61.1523 (5)(a); SDCL § 46-24-57; SL 2013, ch 228, § 43.
S.D. Codified Laws § 46A-4-80 — SD Code / Title 46A / Chapter 4 / Section 46A-4-80
Subirrigated land--Relief from district assessments--Recording of suspension order
Status: in_force

If any tract of land, or any part of a tract of land, to which the water right attached at any time becomes subirrigated, to the extent that water is no longer of any benefit on the land for irrigation purposes, the owner or entryman of the land may apply to the irrigation district board to relieve the subirrigated land from the district assessment as provided in chapter 46A-7 . In the application, the landowner or entryman releases all claim to the water right as may belong to or has been applied to or upon the land, until the land may be drained and water for irrigation is again beneficial. The landowner or entryman may apply for a permit to transfer the water right to any other lands to which the water may be beneficially applied and to have the new or additional tract included within the boundaries of the district as provided by law and the exclusion of such lands and the inclusion of the new tract as provided in this section. The board may thereupon make the appropriate order of suspension of assessments, of the exclusion and inclusion of the lands and the transfer of the water right. A certified copy of the order shall be recorded in the office of the register of deeds in the county in which the land is situated. After the order has been recorded, all the obligations against the land from which the water right has been taken, arising by reason of the water right, shall be canceled and the obligation shall follow and attach with the water right to the land so included, if any.

Source: SDC 1939, § 61.0809; SDCL § 46-12-75; SL 2011, ch 165, § 365.
S.D. Codified Laws § 46A-4-70 — SD Code / Title 46A / Chapter 4 / Section 46A-4-70
Election ordered on exclusion after objections filed--Publication of notice--Contents--Conduct of election
Status: in_force

If the assent of the holders of the bonds, when required, and in case of any contract with the United States the assent of the secretary of the interior be filed and entered of record and if there be written objections presented by twenty - five percent of the electors of the district which have not been withdrawn, then the board of directors may order an election to be held in the district to determine whether an order shall be made excluding such lands from the district as mentioned in the resolution. The notice of such election shall describe the boundaries of all the lands which it is proposed to exclude, and such notice shall be published once each week for at least two successive weeks prior to such election in a newspaper published within the county where the office of the board of directors is situated. If any portion of such territory to be excluded lies within another county or counties, then such notice shall be so published in a newspaper published in each of such counties. Such notice shall require the electors to cast ballots which shall contain the words "for exclusion" and "against exclusion," or words equivalent thereto. Such election shall be conducted in accordance with the general election laws of the state; provided no particular form of ballot shall be required.

Source: SDC 1939, § 61.0835; SDCL, § 46-12-69; SL 1972, ch 239, § 4; SL 1976, ch 277, § 5.
S.D. Codified Laws § 46A-10B-37 — SD Code / Title 46A / Chapter 10B / Section 46A-10B-37
Content and form of petition for dissolution
Status: in_force

Each person who signs the petition for dissolution shall add to the person's signature, in the person's own handwriting, the person's place of residence, a legal description of the person's real property within the district, and the date of signing. The petition may contain more than one page, each page shall have identical headings, and any number of identical petition forms may be circulated and each be a part of the petition. Every page of the petition containing signatures shall have upon it and below the signatures an affidavit by the circulator in substantially the following form:

) SS

I, the undersigned __________, being first duly sworn, depose and say, that I am the circulator of the foregoing petition containing __________ signatures; that each person whose name appears on the petition sheet personally signed the petition in my presence; that I believe that each of the signers is a resident at the address written opposite the signer's name; and that I stated to every petitioner before the person affixed his or her signature the legal effect and nature of the petition.

Source: SL 1989, ch 388, § 44; SL 2011, ch 165, § 502.
S.D. Codified Laws § 46-5-30 — SD Code / Title 46 / Chapter 5 / Section 46-5-30
Inspection of works by chief engineer before use--Authority to require changes
Status: in_force

Within a reasonable time before the date set for the application of the water to a beneficial use, the chief engineer shall inspect the works, if any, after due notice to the holder of the permit. If the works are not properly and safely constructed, the chief engineer may require the necessary changes to be made within a reasonable time.

Source: SDC 1939, § 61.0131; SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0119; SL 1983, ch 314, § 57.
S.D. Codified Laws § 46A-2-2 — SD Code / Title 46A / Chapter 2 / Section 46A-2-2
Purposes for which district created
Status: in_force

The limited supply of, and increasing demand for water available within this state and the United States for agricultural and other beneficial uses and the more effective development and utilization of the land and water resources of this state makes necessary the fullest use of waters available to South Dakota and its citizens for the protection and preservation of the benefits therefrom, including opportunity for greater economic security, protection of health, property, and enterprise, and promotion of the prosperity and general welfare of the people of South Dakota. This involves and requires the exercise of the sovereign powers of the state and a public purpose, the accomplishment of which, among other things, demands, and is necessary, that the South Dakota Conservancy District be created in the manner herein provided so that construction of water resource facilities for the conservation, storage, distribution, and utilization of water for multiple purposes may commence. It is a matter of public policy that the district shall insofar as prudently possible market the power generated from hydroelectric projects constructed by reason of this chapter in such a manner as to afford all of the citizens of the State of South Dakota equal and nondiscriminatory rights to share in such power. To the extent prudently possible all of the citizens of the State of South Dakota who are customers of all electric suppliers shall be treated equally with no preferential right being given which would discriminate in the cost of such power being used by such citizens of this state. It is also a matter of public policy that to the extent reasonably prudent that power generated under the authority of this chapter shall be used within the State of South Dakota before being sold outside the State of South Dakota. Encouragement, promotion, and responsibility for the development of such use shall be accomplished by providing for state water resources planning in order:

(1) To provide for the future economic welfare and prosperity of the people of this state;

(2) To provide for the irrigation of lands within the sections of a district periodically afflicted with drought, and to stabilize the production of crops thereon;

(3) To replenish and restore the depleted waters of lakes, rivers, streams, and underground waters in the district, and to stabilize the flow of streams, levels of lakes, and levels and pressures of underground waters;

(4) To reserve within the district for present or future beneficial uses, all waters and particularly waters impounded on the Missouri River, within the boundaries of the state, except to the extent that the construction of facilities for the diversion of water outside this state will make substantial water available for use within this state not otherwise available or will directly benefit the people of this state economically or otherwise;

(5) To provide and enhance for beautification, flood protection, recreation, fish and wildlife benefits, municipal and industrial water supply, water quality enhancement, scenic rivers, navigation, erosion control, and in all other ways to conserve, regulate, and control the waters in this state;

(6) To protect and improve the quality of the waters of the state as opportunity permits;

(7) To provide for the generation and sale of hydroelectric power from projects which may include provisions for irrigation and municipal, rural, or industrial water supplies;

(8) To prepare and submit to the Legislature and the Governor not later than the first legislative day of its session in 1975, a comprehensive statewide water plan, based on competent study of creative and innovative utilization of the water resources within the boundaries of South Dakota in order to develop a state water resources development system; a yearly progress report to the plan and system with possible recommendation to submit to the Legislature and the Governor by the first legislative day of each legislative session; and, to update the plan and system, not less than once each four years, and to submit the updated plan to the Legislature and the Governor; and

(9) To plan and coordinate with any Indian tribe of this state, the joint development of water resources whenever such joint action is possible, appropriate and in the best interests of the state and of the respective tribe.

Source: SL 1959, ch 453, § 1; SDC Supp 1960, § 61.1401; SDCL, § 46-17-1 ; SL 1972, ch 240, § 1; SL 1972, ch 241, § 1; SL 1981 (2d SS), ch 1, § 16; SL 1982, ch 313, § 1; SL 1983, ch 321, § 9.
S.D. Codified Laws § 46A-1-29 — SD Code / Title 46A / Chapter 1 / Section 46A-1-29
Plan for project financing to be submitted to Legislature--Authorization for bond issuance--Amount of bonds
Status: in_force

Upon presentation of a request to authorize the construction of a water facility of the state water resources management system by the Board of Water and Natural Resources in accordance with § 46A-1-11 , the board shall provide a plan for financing the construction of the project to the Legislature, including, in the case of a project to be financed under § 46A-1-49 , a general description of the anticipated financing agreement with the participating persons or public entities. If the board deems it necessary to request authorization for the issuance of bonds by the district, the Legislature shall determine whether such authorization shall be given in the same act as it authorizes the inclusion of construction of the project as part of the state water resources management system. If the Legislature authorizes the issuance of bonds for the construction of the facilities, it shall specify the amount of bonds that may be issued by the district for construction of the project, including any amount of bonds issued to fund a debt service reserve for the bonds or for capitalized interest during construction of the project. Pursuant to authorization by the Legislature, the district may issue bonds to acquire or construct or arrange for construction of, or to enter into a financing agreement with persons or public entities for, any one project, or more than one, or to refund bonds heretofore or hereafter issued for each project or facility or to fund a debt service reserve for the bonds or for capitalized interest during construction of the project and to provide for the security and payment of the bonds and for the rights of the holders of the bonds. The board may issue bonds in the amount of up to thirty percent greater than the specific amount authorized by the Legislature for financing any specific project if increases in construction costs, changes in engineering designs, or minor changes in the area or number of persons served by a project require such an increase to complete the project, and if the amount of funds obtained from the district through its bonding power does not exceed the authorization of the Legislature by more than thirty percent for any specific project.

Source: SL 1972, ch 241, § 24; SL 1977, ch 377, § 1; SL 1980, ch 310, § 6; SDCL Supp, § 46-17A-30; SL 2011, ch 165, § 293.
S.D. Codified Laws § 46A-18-1 — SD Code / Title 46A / Chapter 18 / Section 46A-18-1
Legislative findings and policy
Status: in_force

Conservation, management, and development of the state's water resources are vital to the public interest, welfare, convenience, and necessity and require, in some circumstances, the creation of water project districts for the purposes of sponsoring and implementing water projects for the conservation, storage, distribution, and utilization of water and for the prudent management of water resources.

Source: SL 1984, ch 293, § 1; SL 1990, ch 366, § 1.
S.D. Codified Laws § 46A-4-41 — SD Code / Title 46A / Chapter 4 / Section 46A-4-41
Directors' and officers' oath of office--Official bonds
Status: in_force

Before assuming the duties of their offices, all directors and officers shall take and subscribe the official oath. The district treasurer shall execute an official bond, approved by the board of directors, in the sum of not less than one thousand dollars plus such additional amounts as shall be determined by the board of directors.

Source: SDC 1939, § 61.0804; SDCL, § 46-12-40; SL 1974, ch 55, § 47; SL 1977, ch 366, § 1; SL 1984, ch 294, § 33; SL 1989, ch 82, § 37.
S.D. Codified Laws § 46-5-4.1 — SD Code / Title 46 / Chapter 5 / Section 46-5-4.1
Validation of prior licenses
Status: in_force

Any license issued prior to January 1, 1983, by the chief engineer or the Water Management Board is hereby cured, legalized, and validated as fully as if the license had been issued in full compliance with all existing provisions of this title.

Source: SL 1983, ch 314, § 60.
S.D. Codified Laws § 46-8-2.1 — SD Code / Title 46 / Chapter 8 / Section 46-8-2.1
Order of circuit court for entry on land
Status: in_force

The circuit court for the county in which a proposed water project is located has jurisdiction to issue an order permitting entry upon land for the purpose of surveying or locating the most advantageous route for works necessary to put water to beneficial use. No order may be issued unless the petitioner can show a present intent to construct a project to put water to beneficial use.

Source: SL 1983, ch 314, § 133A.
S.D. Codified Laws § 46A-10B-8 — SD Code / Title 46A / Chapter 10B / Section 46A-10B-8
Boundaries
Status: in_force

The joint powers agreement establishing a drainage basin utility district shall delineate the boundaries of the district as provided in § 46A-10B-4 . The boundaries of the district shall conform with the boundaries of one or more drainage basins to the extent that such basins lie within the borders of the counties in the district. The drainage basins included within the district shall be adjacent and the property within the district shall be contiguous.

Source: SL 1989, ch 388, § 11; SL 1991, ch 375, § 4.
S.D. Codified Laws § 46A-10A-15 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-15
Adoption of emergency drainage measures--Hearing--Notice--Limited term--Renewal
Status: in_force

If a county is conducting or in good faith intends to conduct drainage activity within a reasonable time, or has held or is holding a hearing for the purpose of considering a drainage project, coordinated drainage area, drainage plan, or other official controls, the board, in order to protect the public general welfare, may adopt as an emergency measure a temporary drainage map, temporary drainage ordinances, or other temporary official controls, the purpose of which shall be to regulate drainage and related matters as constitutes the emergency. Within fourteen days of adoption or renewal of any emergency measure, the board shall hold at least one public hearing with notice of the time and place of the hearing published at least ten days in advance in a newspaper having general circulation in the county. An emergency measure is limited to six months from the date it becomes effective and may be renewed for six months, but may not be in effect for more than one year.

Source: SL 1985, ch 362, § 15.
S.D. Codified Laws § 46A-4-69 — SD Code / Title 46A / Chapter 4 / Section 46A-4-69
Grant or denial of petition to exclude land from district--Best interests of district--Conditions for exclusion
Status: in_force

If the board of directors deems it not in the best interests of the district that the lands mentioned in the petition, or some portion of the lands, should be excluded from the district, the board shall order that the petition be denied. If the board deems it in the best interests of the district, the board may order that the lands mentioned in the petition, or some portion of the lands, be excluded from the district under the following conditions:

(1) Less than twenty-five percent of the electors of the district show cause in writing why the lands or some portion of the lands should not be excluded from the district or, having shown cause, withdraw their objection;

(2) There are no outstanding bonds of the district, or, if there are outstanding bonds of the district, no bondholder assent to exclusion is required as provided by § 46A-4-68 and by the resolution authorizing the issuance of the outstanding bonds; and

(3) There is no contract between the district and the United States.

Source: SDC 1939, § 61.0833; SDCL § 46-12-68; SL 1976, ch 277, § 4; SL 2011, ch 165, § 364.
S.D. Codified Laws § 46A-1-31 — SD Code / Title 46A / Chapter 1 / Section 46A-1-31
Bond issuance to finance or refinance statewide water plan projects--Bond issuance to purchase or finance loans by United States Department of Agriculture or to fund revolving fund programs under Clean Water Act or Safe Drinking Water Act
Status: in_force

In addition to the aggregate indebtedness authorized by the Legislature and Board of Water and Natural Resources pursuant to §§ 46A-1-29 and 46A-1-30 , the district may issue bonds in an amount not to exceed in aggregate eight million dollars at any time for the purpose of financing or refinancing projects as defined in subdivision 46A-2-4(5) that are components of the statewide water plan subject to the provisions of §§ 46A-1-49 to 46A-1-52 , inclusive. In addition to the aggregate indebtedness authorized by the Legislature and Board of Water and Natural Resources pursuant to §§ 46A-1-29 and 46A-1-30 , the district may issue bonds in any amount at any time for the purpose of purchasing or otherwise financing or providing for the purchase or payment of loans made by the United States Department of Agriculture to any person or public entity, whether or not the person or public entity or the project financed with the loan are located in South Dakota or formed under or recognized by South Dakota law, as community facilities loans or water and waste disposal loans. The purchasing, financing, or payment activities are hereby determined to be components of the state water plan and are authorized without regard to § 46A-2-20 . The district may enter into financing agreements with the persons or public entities to secure and provide for the payment of the bonds, without regard to § 46A-2-20 or §§ 46A-1-63.1 to 46A-1-69 , inclusive. The district may make payments or deposits for the purchase or payment of the loans from funds obtained from the persons or public entities, whether or not bonds have been issued. The purchase or payment of loans for persons or public entities or projects located outside of the State of South Dakota is hereby authorized and declared to be a public purpose if, at the discretion and in the determination of the district, the purchase or payment is expected to result in economies of scale, fees, interest savings, financing, or other benefits to the district, South Dakota persons, or public entities or the State of South Dakota. The district, in the proceedings for the issuance of the bonds, shall establish the manner in which the trustee shall manage and disperse any savings for the benefit of the persons and public entities whose community facilities loans and water and waste disposal loans have been purchased or prepaid by the district. In addition to the aggregate indebtedness authorized by the Legislature and the Board of Water and Natural Resources pursuant to §§ 46A-1-29 and 46A-1-30 , the district may also issue bonds in any amount at any time for the purpose of funding all or part of the revolving funds required for either the state water pollution control revolving fund program or the state drinking water revolving fund program or both under either the federal Clean Water Act, as amended to January 1, 2011, or federal Safe Drinking Water Act, as amended to January 1, 2011, or both. The bonds issued for these revolving fund programs shall be used to purchase or otherwise finance or provide for the purchase or payment of bonds or other obligations, including the refinancing of obligations previously issued or for projects previously completed. The purchasing, financing, or payment activities are hereby determined to be components of the state water facilities plan and are authorized without regard to § 46A-2-20 . The district may enter into financing agreements with the persons or public entities to secure and provide for the payment of the bonds, without regard to § 46A-2-20 or §§ 46A-1-63.1 to 46A-1-69 , inclusive. The district may pledge or assign to or hold in trust for the benefit of the holder or holders of the bonds those moneys appropriated by the Legislature for the purpose of funding state contributions to the state water pollution control revolving fund program and the state drinking water revolving fund program. The moneys may be held and invested pursuant to a trust agreement for the payment of the principal of, premium, if any, and interest on, the bonds.

Source: SL 1977, ch 377, § 3; SDCL Supp, § 46-17A-31.1; SL 1984, ch 288, § 16; SL 1988, ch 363, § 2; SL 1989, ch 385, § 21; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 1994, ch 347, § 2; SL 2011, ch 165, § 295; SL 2012, ch 216, § 1.
S.D. Codified Laws § 46-10-8.1 — SD Code / Title 46 / Chapter 10 / Section 46-10-8.1
Appointment of water master to administer interim or final decree
Status: in_force

The authority of a court to appoint a water master to administer any interim or final decree relating to water, including any interim or final decree issued under the provisions of §§ 46-10-1 to 46-10-8 , inclusive, is hereby granted.

Source: SL 1983, ch 314, § 178.
S.D. Codified Laws § 46A-1-52 — SD Code / Title 46A / Chapter 1 / Section 46A-1-52
Financing agreements--Independent review of feasibility of project
Status: in_force

Before entering into any financing agreement under § 46A-1-49 , the Board of Water and Natural Resources shall conduct an independent review of the feasibility of the project to ensure that projected water consumption, operation costs, construction costs, revenues, and other statistics are reliable and that the project will be able to pay its costs and expenses. The board shall state the findings of its independent review in a motion entered in the minutes of its proceedings.

Source: SL 1980, ch 310, § 5; SDCL Supp, § 46-17A-46.4.
S.D. Codified Laws § 46-10A-16 — SD Code / Title 46 / Chapter 10A / Section 46-10A-16
Appeal from board actions relating to establishment or administration of area
Status: in_force

Any person who is in a water use control area and is affected by board decisions may appeal from acts or decisions of the board with respect to establishment of a water use control area or administration of water diversion or use.

Source: SL 1961, ch 460, § 3; SDCL, § 46-10-27 ; SL 1983, ch 314, § 176.
S.D. Codified Laws § 46A-10A-112 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-112
Trustee qualifications
Status: in_force

Each trustee shall be a citizen of the United States, not less than eighteen years of age, and an owner of land in the district.

Source: SL 1997, ch 256, § 15.
S.D. Codified Laws § 46A-13-11 — SD Code / Title 46A / Chapter 13 / Section 46A-13-11
Bond of petitioners requesting improvement of interstate drainage project--Sureties, approval by commission--Amount--Conditions
Status: in_force

Before acting upon the petition for such improvements, such interstate drainage district commission shall require the petitioners to furnish a bond with proper sureties to be approved by such commission in such sum as it may designate, to secure the payment of all expenses which may be incurred in such proceeding in the event that such improvement be not ordered constructed by such commission.

Source: SDC 1939, § 61.1105; SL 1964, ch 222, § 2; SDCL, § 46-23-11.
S.D. Codified Laws § 46A-9-65 — SD Code / Title 46A / Chapter 9 / Section 46A-9-65
Water or wastewater fund--Credit of revenue of works and operations--Payment of operation and maintenance costs
Status: in_force

All income or profit and revenue of the works and all moneys received from the sale, conveyance, distribution, or disposal of water, use of water, or water storage; from the collection, treatment, or disposal of wastewater; and from the operation, lease sale, or other disposition of the works, property, and facilities acquired under the provisions of this chapter, shall be paid to the credit of the appropriate water or wastewater fund. All costs of operation, maintenance, and repairs of the works, and all administrative and clerical expenses of the water user district, shall be paid from the appropriate water or wastewater fund.

Source: SL 1939, ch 291, § 16; SDC Supp 1960, § 61.1316 (3); SDCL, § 46-16-63; SL 2006, ch 226, § 14.
S.D. Codified Laws § 46A-14-85 — SD Code / Title 46A / Chapter 14 / Section 46A-14-85
Dissolution of district where federal watershed project certified infeasible
Status: in_force

If a watershed district's federal project is certified as infeasible, the district board may vote to dissolve the district. If a majority of board members vote for dissolution, a written statement of intent to dissolve the district shall be submitted to the State Conservation Commission for approval.

Source: SL 1980, ch 312, § 5; SDCL Supp, § 46-24-82.2; SL 2013, ch 228, § 56.
S.D. Codified Laws § 46A-11-33 — SD Code / Title 46A / Chapter 11 / Section 46A-11-33
Refunding outstanding evidences of indebtedness--Sale and exchange--Laws governing
Status: in_force

If a board issues an order extending the time for payment of installments of assessments, or if all assessments not extended have been collected or become delinquent, the board may refund outstanding bonds, warrants, or certificates on account of any project, which may then be due or nearly due or which may be refunded at a lower rate of interest, and may issue and sell drainage refunding bonds of the county. The bonds may be sold at par value or may be exchanged for outstanding obligations of the district. Except as otherwise stated, the provisions of this chapter apply to issuance, sale, and payment of the bonds.

Source: SDC 1939, § 61.1021; SDCL, § 46-21-33; SL 1985, ch 362, § 130.
S.D. Codified Laws § 46A-15-9 — SD Code / Title 46A / Chapter 15 / Section 46A-15-9
Missouri River cost recovery program established as part of settlement--Use of revenue
Status: in_force

There is hereby established as a part of South Dakota's Pick - Sloan settlement the Missouri River cost recovery program to provide revenues to the state using the resources of the Pick - Sloan system. Such revenues shall be deposited in the water and environment fund established pursuant to § 46A-1-60 and shall be used to meet water project cost - sharing requirements and for contemporary and future state and local water projects and resource management activities in South Dakota.

Source: SL 1988, ch 369, § 5; SL 1992, ch 254, § 8.
S.D. Codified Laws § 46A-1-106 — SD Code / Title 46A / Chapter 1 / Section 46A-1-106
Powers of eligible entity establishing brownfields program
Status: in_force

Any eligible entity establishing a brownfields program may exercise all powers necessary or appropriate to carry out the purposes of §§ 46A-1-100 to 46A-1-106 , inclusive, including the following:

(1) To acquire by lease, purchase, gift, or other lawful means and hold in its corporate name or use and control as provided by law both real and personal property and easements and rights - of - way within or without the corporate limits for all purposes authorized by §§ 46A-1-100 to 46A-1-106 , inclusive, or necessary to the exercise of any power granted in §§ 46A-1-100 to 46A-1-106 , inclusive;

(2) To convey, sell, give, dispose of, or lease both the personal and real property of the municipality or county as provided by §§ 46A-1-100 to 46A-1-106 , inclusive;

(3) To borrow money and to issue certificates, warrants, general obligation bonds and non - ad valorem tax bonds for purposes of §§ 46A-1-100 to 46A-1-106 , inclusive;

(4) To accept funds, property, and services or other assistance, financial or otherwise, from federal, state, and other public and private sources to carry out the purposes of §§ 46A-1-100 to 46A-1-106 , inclusive;

(5) To contract or cooperate with any person, the state, or any political subdivision of the state, any federal agency, or any private or public entity to carry out the purposes of §§ 46A-1-100 to 46A-1-106 , inclusive;

(6) To plan, develop, construct, acquire, operate, clean, maintain, repair, alter, renovate, salvage, demolish, secure, abandon, consolidate, reclaim, or gather data and information concerning any brownfields site, or any related development, structure, or facility necessary to carry out the purposes of §§ 46A-1-100 to 46A-1-106 , inclusive;

(7) To apply for available grant funds and other governmental and nongovernmental financing options to promote the cleanup, reuse, revitalization, and economic development of the property consistent with the purposes of §§ 46A-1-100 to 46A-1-106 , inclusive; and

(8) To do and perform all acts authorized in §§ 46A-1-100 to 46A-1-106 , inclusive, and all other acts necessary and proper for carrying out and exercising the powers granted by §§ 46A-1-100 to 46A-1-106 , inclusive.

Source: SL 2004, ch 275, § 7.
S.D. Codified Laws § 46A-10A-86 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-86
Improvements--Survey and cost estimate--Ordering without notice
Status: in_force

If a board determines that improvements which differ from repairs are necessary or desirable, the board may appoint an engineer to conduct a survey of the proposed improvement, estimate its cost, and file the estimate with the board. An improvement may include enlarging, reopening, widening, deepening, strengthening, or lengthening of any drain; changing the location of or improving and enlarging an outlet for better service; converting all or a part of any drain from an open ditch to a closed drain; installing surface pipe for open ditches; leveling spoil banks; or constructing settling basins. If the estimated cost of the improvements does not exceed ten thousand dollars, the board may order the work done without notice.

Source: SL 1985, ch 362, § 87.
S.D. Codified Laws § 46-6-9.2 — SD Code / Title 46 / Chapter 6 / Section 46-6-9.2
Well driller's license or well pump installer's license required for certain persons
Status: in_force

Any person who performs work for compensation in the repair of wells or as a well pump installer shall obtain a well driller's license issued pursuant to § 46-6-9 or a well pump installer's license issued pursuant to § 46-6-9.3 before conducting or contracting for such work.

Source: SL 2001, ch 241, § 5.
S.D. Codified Laws § 46A-13-34 — SD Code / Title 46A / Chapter 13 / Section 46A-13-34
Absence of arrangement for joint action--Repair and maintenance treated as drainage improvement within state
Status: in_force

In the absence of such an arrangement for joint action, the repair and improvement of any such drainage shall be treated as a drainage improvement within the state, and its repair and maintenance within the limits of this state shall be provided for in accordance with the drainage laws of this state. The repair and maintenance shall be made by the drainage commission of the drainage district, and the commission for the purpose of making the repair and maintenance shall exercise all the powers conferred upon it by this chapter in drainage matters and may make assessments for the repair and maintenance of the improvement within this state on the property benefited by the improvement as provided in this chapter to raise money for the construction of the improvement.

Source: SDC 1939, § 61.1114; SDCL § 46-23-34; SL 2011, ch 165, § 517.
S.D. Codified Laws § 46A-1-4 — SD Code / Title 46A / Chapter 1 / Section 46A-1-4
Water rights not affected by chapter
Status: in_force

The enactment of this chapter does not create any right to water or the use of water and does not affect any existing legislation with respect to water or water rights, except as expressly provided in this chapter. Nothing in this chapter affects vested water rights.

Source: SL 1972, ch 241, § 4; SDCL Supp, § 46-17A-57; SL 2011, ch 165, § 285.
S.D. Codified Laws § 46A-9-42 — SD Code / Title 46A / Chapter 9 / Section 46A-9-42
Transfer of obligations of nonprofit rural water supplier or wastewater system operator to water user district, sanitary district, or municipality--Majority vote of district
Status: in_force

Any nonprofit corporation, cooperative, or association engaged in the treatment, distribution, or sale of water or the collection, treatment, or disposal of wastewater to a rural area may, by majority vote of the membership voting in an election on the question, transfer all of its assets, liabilities, contracts, and other obligations to a water user district as defined in § 46A-9-2 , sanitary district authorized to operate a water system under § 34A-5-41 , or a municipality. No such action may be taken unless approved by majority vote of the water user district or sanitary district membership voting in an election on the action.

Source: SL 1974, ch 285; SL 1977, ch 368; SL 1982, ch 312, § 2; SDCL Supp, § 46-16-40.1; SL 2006, ch 226, § 5.
S.D. Codified Laws § 46-2-3.1 — SD Code / Title 46 / Chapter 2 / Section 46-2-3.1
Delegation of authority to chief engineer--Restrictions
Status: in_force

The Water Management Board may delegate to the chief engineer authority to act on its behalf concerning the quasi - judicial functions of interpreting, applying, and enforcing existing rules and laws and ordering action or abatement of action. The board may not delegate any other quasi - judicial functions as defined in § 1-32-1 , except as otherwise provided by law. The board may promulgate rules pursuant to chapter 1-26 to delegate to the chief engineer the authority to issue permits pursuant to § 46-1-14 .

Source: SL 1978, ch 315; SL 1983, ch 314, § 16; SL 1990, ch 355, § 2.
S.D. Codified Laws § 46A-4-86 — SD Code / Title 46A / Chapter 4 / Section 46A-4-86
Majority vote for dissolution of irrigation district--Notice by board of directors to creditors of district--Settlement of claims
Status: in_force

If a majority of the votes shall be "For dissolution, Yes," then the board of directors shall immediately notify all persons having claims against the district of the result of such election, and may proceed to adjust, settle, and compromise any and all such claims, in whatever form the indebtedness of such district may be.

Source: SDC 1939, § 61.0848; SDCL, § 46-12-81.
S.D. Codified Laws § 46A-3D-6 — SD Code / Title 46A / Chapter 3D / Section 46A-3D-6
Contracting authority
Status: in_force

The water development district board of directors may cooperate or contract with any person for the purposes of chapters 46A-3A to 46A-3E , inclusive.

Source: SL 1984 (SS), ch 1, § 38; SL 2025, ch 186, § 44.
S.D. Codified Laws § 46A-10A-81 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-81
Jurisdiction of improved existing drain--Maintenance--Assessments
Status: in_force

If an existing drainage project is improved, it is under the jurisdiction and supervision of the board, or joint boards if the drainage project is in more than one county, or a commission in counties adopting that form of management. Its respective board or commission shall keep it in repair. If no assessments of benefits have been made, the board having charge of the drain shall make assessments.

Source: SL 1985, ch 362, § 82.
S.D. Codified Laws § 46A-1-105 — SD Code / Title 46A / Chapter 1 / Section 46A-1-105
Establishment of brownfields program by eligible entity
Status: in_force

Any eligible entity may establish a brownfields program to prevent, assess, safely clean up, promote the economic development of, and sustainably reuse eligible brownfields sites as authorized in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended to January 1, 2011, and in the Small Business Liability Relief and Brownfields Revitalization Act, P.L. 107-118 as amended to January 1, 2011.

Source: SL 2004, ch 275, § 6; SL 2011, ch 165, § 312.
S.D. Codified Laws § 46-10-2.3 — SD Code / Title 46 / Chapter 10 / Section 46-10-2.3
Powers and duties of court conducting general adjudication
Status: in_force

The court conducting a general adjudication shall, in addition to exercising any other power or duty conferred by law:

(1) Confirm those rights evidenced by previous court decrees when those rights have not been forfeited, abandoned, or otherwise lost;

(2) Adjudicate the validity of all cancelled and uncancelled permits, certificates of construction, or licenses or other documents or orders purported to be granted by or under the authority of the Water Management Board or its predecessors, including the state engineer, and not heretofore adjudicated;

(3) Determine the extent and priority of and adjudicate any interest in any water right or right to the use of water of the river system or on all other sources not otherwise represented by the aforesaid permits, licenses, certificates, documents, orders, or decrees;

(4) Establish, in whatever form determined to be most appropriate by the court, one or more tabulations or lists of water rights or rights to use water which tabulations or lists may include a notation of the water right or right to use water adjudged to each party, the priority, the amount or rate, the purpose, the periods or place of use, and, as to water used for irrigation, the specific tracts of land to which it shall be appurtenant together with other conditions as may be necessary to define a right and its priority.

Source: SL 1980, ch 305, § 5.
S.D. Codified Laws § 46-1-13 — SD Code / Title 46 / Chapter 1 / Section 46-1-13
Grant of water right for use outside state
Status: in_force

A water right may be granted for uses outside this state on the same basis and subject to the same terms and conditions as water rights are granted to persons for use of water within this state, subject to the principle of beneficial use as defined in subdivision § 46-1-6(3).

Source: SL 1978, ch 311; SL 1981 (2d SS), ch 1, § 11; SL 1983, ch 314, § 11.
S.D. Codified Laws § 46A-18-53 — SD Code / Title 46A / Chapter 18 / Section 46A-18-53
Warrants issued in anticipation of tax or special assessment collections
Status: in_force

Following a favorable vote as provided in § 46A-18-45 and in anticipation of tax or special assessment collections, the directors may issue no - fund warrants to pay district obligations. However, the outstanding amounts of such no - fund warrants may not exceed the product of one dollar per thousand dollars of taxable valuation times the assessed valuation of the taxable real property within the district.

Source: SL 1984, ch 293, § 52; SL 1990, ch 366, § 14.
S.D. Codified Laws § 46A-14-33 — SD Code / Title 46A / Chapter 14 / Section 46A-14-33
Abolishment of original watershed district upon combining districts or annexing additional territory--Certification to secretary of state
Status: in_force

Upon completion of proceedings for combination of watershed districts or for annexation of additional areas to a watershed district, the conservation district supervisors shall abolish the original watershed districts. Certification of abolishment shall be made by the conservation district supervisors to the secretary of state at the same time that certification is made to the secretary of state concerning the creation of the modified watershed district as provided in § 46A-14-28 .

Source: SL 1959, ch 452, § 11; SDC Supp 1960, § 61.1513 (5); SDCL, § 46-24-33.
S.D. Codified Laws § 46A-10A-31 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-31
Recording existing drainage rights--Information required--Disputing rights--Appeals--Recording final decision
Status: in_force

Any natural drainage right lawfully acquired by the owner or owners of either a dominant or servient estate prior to July 1, 1985, is deemed vested. Any drainage right lawfully acquired prior to July 1, 1985, arising from drainage which is natural with man - made modifications or entirely man - made is also deemed vested, provided the right is recorded with the appropriate county register of deeds within seven years of July 1, 1985. Registration shall include the following information:

(1) A legal description of any dominant estate or servient estate involved with the drainage right;

(2) The general course and direction of flow of water by means of the drainage right;

(3) The amount of time the drainage right has existed, if known, or, if not known, a statement to that effect;

(4) The general course and direction of natural flow if different from that of the right being registered; and

(5) The nature of the man - made modifications to the natural drainage.

The county register of deeds shall provide the board with a quarterly listing of such registrations, prior to the quarterly meetings of the board. The board shall include the list in its minutes which are published pursuant to § 7-18-3 . A registration may include more than one drainage system.

Any drainage begun prior to July 1, 1988, and challenged by an affected landowner in a court of law or before a board or commission within two years of filing, may not become vested until and unless a final decision has been reached in favor of such drainage. Any commission decision may be appealed to the board within twenty days. Any board decision may be appealed to the circuit court of the county wherein the dispute arose within twenty days. Any circuit court decision may be appealed in the same manner as any other circuit court decision. If such final decision has been reached, including final decision on any appeal, the owner of the drainage right shall record the final decision within thirty days in order for the right to become vested. No county, township, or municipality is required to register its natural drainage rights.

Source: SL 1985, ch 362, § 31; SL 1986, ch 379, § 1; SL 1987, ch 338; SL 1991, ch 374.
S.D. Codified Laws § 46-2-21 — SD Code / Title 46 / Chapter 2 / Section 46-2-21
County appropriations for geologic or groundwater studies
Status: in_force

A board of county commissioners may appropriate funds for the purpose of defraying the expense of having geologic or groundwater studies conducted within its county.

Source: SL 1983, ch 314, § 36.
S.D. Codified Laws § 46A-3D-4 — SD Code / Title 46A / Chapter 3D / Section 46A-3D-4
Fiscal year--Audit--Annual report retained--Auditor-general authority
Status: in_force

The fiscal year of the water development district coincides with the calendar year.

At the conclusion of each fiscal year in which the district's revenues exceeded three hundred fifty thousand dollars, the board shall obtain an audit of the books and records, from the Department of Legislative Audit or an auditor approved by the department. The district shall retain a written report of the audit at its principal place of business and shall file a copy with the secretary of state. The district shall publish a notice regarding availability of the audit report in the official newspaper of the district.

A district having three hundred fifty thousand dollars or less in annual revenue may submit an annual report in lieu of an audit. The district shall submit the report to the auditor-general, on forms prescribed by the department.

The auditor-general may audit the books and records of a district upon a determination of cause, or if requested by the board.

Source: SL 1984 (SS), ch 1, § 36; SL 2012, ch 218, § 1; SL 2023, ch 151, § 1; SL 2025, ch 186, § 42.
S.D. Codified Laws § 46A-6-33 — SD Code / Title 46A / Chapter 6 / Section 46A-6-33
Petition of board of directors for confirmation of issue and sale of bonds--Filed in circuit court--Contents
Status: in_force

The board of directors of the irrigation district shall file in the circuit court for the county in which the lands of the district, or some portion thereof, are situated, a petition praying, in effect, that its proceedings may be examined, approved, and confirmed by the court. The petition shall state the facts showing the proceedings had for the issue and sale of the bonds, the making of any contract, the levying of any assessment or taking any special action, and shall state generally that the irrigation district was duly organized and that the first board of directors was duly elected; but the petition need not state the facts showing such organization of the district, or the election of the first board of directors.

Source: SDC 1939, § 61.0842; SDCL, § 46-14-32.
S.D. Codified Laws § 46A-14-66 — SD Code / Title 46A / Chapter 14 / Section 46A-14-66
Annual maintenance of watershed project--Project schedule--Budgets
Status: in_force

Once projects from the general plan of improvements are constructed, the managers shall provide for adequate annual maintenance of the watershed project works. They shall adopt an overall project schedule of routine operation and maintenance. They shall prepare annual operation and maintenance budgets for the following calendar year in which is stated the operation and maintenance work to be done during the budget year and the estimated cost.

Source: SL 1957, ch 492, § 27; SL 1959, ch 452, § 21; SDC Supp 1960, § 61.1527; SDCL § 46-24-65; SL 2013, ch 228, § 46.
S.D. Codified Laws § 46A-13-19 — SD Code / Title 46A / Chapter 13 / Section 46A-13-19
Joint plan for proposed improvement of interstate drainage project--Establishment--Determination of proportion of cost to be borne by respective states--Hearing on petition to construct
Status: in_force

After the establishment of the joint plan and the determination of the proportion of cost which shall be borne by the respective states, the drainage commission shall fix a time and place within the district for the hearing of the petition to construct such improvement according to the joint plan as adopted and with the cost to be divided and apportioned as determined.

Source: SDC 1939, § 61.1108; SDCL, § 46-23-19.
S.D. Codified Laws § 46A-14-40 — SD Code / Title 46A / Chapter 14 / Section 46A-14-40
Advisory committee--Appointment by board of managers--Number of members--Duties
Status: in_force

The managers shall appoint an advisory committee consisting of not less than five members who shall be representatives of the major activities in the district including conservation district activities. The committee shall advise and make recommendations to the managers upon all matters affecting the interests of the district but the managers shall have final authority for decisions made.

Source: SL 1957, ch 492, § 18; SL 1959, ch 452, § 14; SDC Supp 1960, § 61.1518; SDCL, § 46-24-40; SL 1989, ch 389, § 6.
S.D. Codified Laws § 46A-9-11 — SD Code / Title 46A / Chapter 9 / Section 46A-9-11
Maps, plans and estimates accompanying petition for organization of district--Location of lands within proposed district
Status: in_force

The petition shall be filed with the Department of Agriculture and Natural Resources together with a list of the petitioners' names, mailing addresses, and lands owned or entered. The petition shall be accompanied by a map or maps showing the location of lands within the proposed district and the proposed system of works, and by other maps, plans, and estimates as may be necessary to describe fully the proposed system.

Source: SL 1939, ch 291, § 4; SL 1943, ch 310; SDC Supp 1960, § 61.1304 (1); SDCL, § 46-16-11; SL 1997, ch 255, § 1; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 46A-5-11 — SD Code / Title 46A / Chapter 5 / Section 46A-5-11
Property acquired for project--Title vested in district--Management by board of directors
Status: in_force

The legal title to all property acquired under the provisions of chapters 46A-4 to 46A-7 , inclusive, shall immediately and by operation of law vest in such irrigation district in its corporate name, and shall be held by such district in trust for, and is hereby dedicated and set apart to, the uses and purposes set forth in said chapters. The board of directors is hereby authorized to hold, use, acquire, manage, occupy, and possess such property as herein provided.

Source: SDC 1939, § 61.0811; SDCL, § 46-13-11.
S.D. Codified Laws § 46-5-51 — SD Code / Title 46 / Chapter 5 / Section 46-5-51
Permit not required for drip irrigation
Status: in_force

A permit to appropriate water, pursuant to §§ 46-1-15 and 46-5-10 , is not required for drip irrigation, as defined in § 46-5-50 , if the drip irrigation meets the following conditions:

(1) The irrigation is for noncommercial purposes; and

(2) Use of water does not exceed eighteen gallons per minute.

Source: SL 1990, ch 358, § 2; SL 1996, ch 263, § 4.
S.D. Codified Laws § 46A-4-48 — SD Code / Title 46A / Chapter 4 / Section 46A-4-48
Powers and duties of board of directors of district--Distribution and printing of bylaws and procedures--Water rights appurtenant to land
Status: in_force

The board of directors shall manage and conduct the business affairs of the district, make and execute all necessary contracts, employ such agents, officers, and employees as may be required and prescribe their duties, adopt a seal for such district, establish equitable bylaws and procedures for the distribution and use of water, and generally perform all such acts necessary to carry out fully the purposes of this chapter and chapters 46A-5 to 46A-7 , inclusive. The bylaws and procedures shall be printed in convenient form for distribution, and all water rights shall be appurtenant to the land.

Source: SDC 1939, § 61.0809; SDCL, § 46-12-47; SL 1993, ch 256, § 72.
S.D. Codified Laws § 46-6-20 — SD Code / Title 46 / Chapter 6 / Section 46-6-20
Rules and regulations of board relating to wells
Status: in_force

The Water Management Board shall promulgate rules pursuant to chapter 1-26 providing for or directing, as appropriate:

(1) Rehabilitation of wells;

(2) Construction of wells;

(3) Prevention of underground leakage or other waste of water; and

(4) Plugging or other control of abandoned, forfeited, or uncontrolled artesian wells.

Source: SDC 1939, § 61.0414; SL 1955, ch 431, § 1; SL 1983, ch 314, § 109; SL 1993, ch 256, § 60.
S.D. Codified Laws § 46A-10B-18 — SD Code / Title 46A / Chapter 10B / Section 46A-10B-18
Adoption of master drainage plan and stormwater map--Contents--Revisions
Status: in_force

The governing body shall prepare and adopt by resolution or ordinance a master drainage plan for district facilities. The plan shall include proposed projects, facilities and programs and proposed methods of funding the master drainage plan. The governing body shall also adopt by resolution a stormwater map delineating the boundaries of the basins included in the district. The map may also indicate existing development of properties within the basin, zoning of properties, and other appropriate information. The map shall serve as official designation of the respective basins of the district, but the map may be revised from time to time by the governing body to conform with existing conditions. The governing body may amend the master drainage plan or adopt a subsequent master drainage plan if the original master drainage plan has been completed. The original plan and any amendment of the plan is not effective as to any county or municipality included wholly or partially within the district unless such county or municipality has approved, by resolution, the plan or the amendment.

Source: SL 1989, ch 388, § 24.
S.D. Codified Laws § 46A-4-49 — SD Code / Title 46A / Chapter 4 / Section 46A-4-49
Interest in contract of district or acceptance of bribe by director or officer as felony
Status: in_force

No director or officer named in this chapter, or chapters 46A-5 to 46A-7 , inclusive, may be interested in any manner, directly or indirectly, in any contract awarded, or to be awarded, by the irrigation district board, or in the profits to be derived from the contract. No such director or officer may receive any bonds, gratuity, or bribe. Any such director or officer who is interested in any manner, directly or indirectly, in any contract awarded, or to be awarded, by the board of directors provided for in chapters 46A-5 to 46A-7 , inclusive, or in the profits derived from the contract, or who receives any bonds, gratuity, or bribe, is guilty of a Class 5 felony.

Source: SDC 1939, §§ 61.0816, 61.9917; SDCL § 46-12-48; SL 1983, ch 15, § 24; SL 2011, ch 165, § 348.
S.D. Codified Laws § 46A-4-68 — SD Code / Title 46A / Chapter 4 / Section 46A-4-68
Resolution for exclusion of land when bonds or federal contract outstanding--Bondholders' or federal assent required--Assent waived by terms of bond issue
Status: in_force

If there are outstanding bonds of the district or if the district has entered into a contract with the United States as provided in chapters 46A-5 and 46A-6 , the board of directors may adopt a resolution to the effect that the board deems it to be for the best interests of the district that the lands mentioned in the petition, or some portion of the lands, should be excluded from the district. The resolution shall describe the lands so that the boundaries of the lands can be readily traced. The holders of any such outstanding bonds may give their consent in writing to the effect that they severally consent that the board may make an order by which the lands mentioned in the resolution may be excluded from the district. If any contract has been made with the United States, the secretary of the interior may assent to the change. The assent may be acknowledged by the holders of the bonds in the same manner and form as required in case of a conveyance of land, except the assent of the secretary of the interior need not be acknowledged. The assent shall be filed with the board and shall be recorded in the minutes of the board. The minutes, or a certified copy of the minutes, are admissible in evidence with the same effect as the assent; but if the assent of the bondholders, and in case of any contract with the United States the assent of the secretary of the interior, is not filed, the board shall deny and dismiss the petition. However, if the resolution authorizing the issuance of the outstanding bonds explicitly provides that no bondholder assent is required for the exclusion of lands from the district or if the resolution provides that the bondholder assent is required only under certain specified conditions, then the terms of the resolution shall prevail and no bondholder assent need be obtained as provided in this section.

Source: SDC 1939, § 61.0834; SDCL § 46-12-67; SL 1976, ch 277, § 3; SL 2011, ch 165, § 363.
S.D. Codified Laws § 46A-18-29 — SD Code / Title 46A / Chapter 18 / Section 46A-18-29
Combining districts
Status: in_force

Two or more water project districts may be combined into a single district by:

(1) Circulation of an initiating petition therefor, similar to the initiating petition specified in this chapter; or

(2) Passage of resolutions by the directors stating the desire to combine the water project districts and containing the same information as prescribed for an initiating petition.

Upon receipt of an initiating petition or passage of a resolution by the directors, the Board of Water and Natural Resources shall combine water project districts in the same manner as prescribed for creation of a new water project district.

Source: SL 1984, ch 293, § 28.
S.D. Codified Laws § 46A-10A-49 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-49
Form, verification, signatures, filing, and presentation of application for establishment of area
Status: in_force

An application for establishment of a coordinated drainage area shall be a petition verified by one or more applicants by affidavit stating that the affiant or affiants personally witnessed the signatures thereon and believe them to be genuine and shall be signed by not less than twenty - five percent of the landowners residing within the area. It shall be filed with the county auditor and presented to the board or commission for consideration at its next meeting.

Source: SL 1985, ch 362, § 49.
S.D. Codified Laws § 46A-14-59 — SD Code / Title 46A / Chapter 14 / Section 46A-14-59
Assessed valuation for district tax purposes--Limitation on land taxed
Status: in_force

The assessed valuation for district tax purposes shall be the same assessed valuation that is used for general county levies. However, if a majority of the landowners to be taxed or assessed to finance works owns less than ten acres of land, no such landowner may be taxed or assessed against more than ten acres of land.

Source: SL 1957, ch 492, § 23; SL 1959, ch 452, § 18; SDC Supp 1960, § 61.1523 (6); SDCL, § 46-24-58; SL 1984, ch 297, § 4.
S.D. Codified Laws § 46A-6-29 — SD Code / Title 46A / Chapter 6 / Section 46A-6-29
Contract with United States guaranteeing bonds of district or extending financial credit
Status: in_force

Any irrigation district organized under the laws of this state for irrigation or drainage purposes may enter into contracts with the United States whereby the bonds of the district are guaranteed by the United States, or financial credit is extended by the United States to the district, for the sale, purchase or use of any canal, ditch, reservoir, right-of-way, irrigation or drainage system, or other property owned or to be acquired for the use of the district.

Source: SDC 1939, § 61.0846; SDCL § 46-14-28; SL 2011, ch 165, § 402.
S.D. Codified Laws § 46-2-4.1 — SD Code / Title 46 / Chapter 2 / Section 46-2-4.1
Attorneys to advise chief engineer
Status: in_force

The attorney general shall assign one or more attorneys to advise the chief engineer in the exercise of his duties. No attorney may represent both the Water Management Board and the chief engineer during a hearing by the board.

Source: SL 1983, ch 314, § 17.
S.D. Codified Laws § 46A-10A-105 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-105
Voting through agent or proxy--Power of attorney to specify election for which it is used--Delivery of power of attorney
Status: in_force

Any landowner or landowners entitled to vote may vote through an agent or proxy authorized to cast votes by a power of attorney signed and acknowledged by the landowner or landowners and filed before the vote is cast in the auditor's office of the county where the election is held. Every power of attorney shall specify the particular election for which it is used, indicating the day, month, and year of the election, and is void for all subsequent elections. If a landowner chooses to vote by proxy, the power of attorney shall be postmarked and sent or delivered to the address designated by the election board at least five days before the election.

Source: SL 1997, ch 256, § 8.
S.D. Codified Laws § 46-5-40 — SD Code / Title 46 / Chapter 5 / Section 46-5-40
Temporary use permits--Cancellation
Status: in_force

The chief engineer may not cancel a temporary use permit with less than six months notice to the permit holder. In no case may a temporary use permit be cancelled prior to the time at which facilities are constructed and water may be put to beneficial use by an entity described in § 46-5-38 holding a permit under the provisions of § 46-5-38.1 . No person may acquire any right under a temporary permit to the use of water beyond the time of cancellation of the temporary use permit.

Source: SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0122; SL 1961, ch 456; SL 1966, ch 259, § 3; SL 1983, ch 314, § 73.
S.D. Codified Laws § 46-1-15 — SD Code / Title 46 / Chapter 1 / Section 46-1-15
Permit required for appropriation of waters
Status: in_force

Except as otherwise provided throughout this title, no person may appropriate the waters of this state for any purpose without first obtaining a permit to do so.

Source: SL 1983, ch 314, § 13.
S.D. Codified Laws § 46-8-8 — SD Code / Title 46 / Chapter 8 / Section 46-8-8
Right for location of route an easement
Status: in_force

The right acquired by the location of the route for any waterway mentioned in this chapter shall be an easement.

Source: SDC 1939, § 61.0425; SL 1955, ch 431, § 1; SL 1983, ch 314, § 140.
S.D. Codified Laws § 46A-7-2 — SD Code / Title 46A / Chapter 7 / Section 46A-7-2
Expenses for completion of irrigation system--Issuance of additional bonds or levy of assessment
Status: in_force

In lieu of the issuance of additional bonds as authorized by § 46A-6-45 , the board of directors may provide for the completion of the irrigation system of the district by the levy of an assessment therefor, in the same manner in which the levy of an assessment is made for the other purposes provided for in this chapter.

Source: SDC 1939, § 61.0921; SDCL, § 46-15-2.
S.D. Codified Laws § 46A-10A-93 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-93
Approval required to alter drainage rights established with federal or state funds
Status: in_force

Drainage rights established by state and federal funds in state financed public improvements only may be altered or affected by the board of county commissioners or drainage commission after approval and concurrence by official action of the state agency administering such state or federal funds.

Source: SL 1985, ch 362, § 93A.
S.D. Codified Laws § 46-2A-8 — SD Code / Title 46 / Chapter 2A / Section 46-2A-8
Time for completion of construction and use of water--Application for lesser amount of water or variance in periods of use
Status: in_force

Any construction necessary to put the water to beneficial use shall be completed within five years of approval of the permit and the water shall be put to beneficial use within an additional four years. The Water Management Board may, in its discretion, approve any application for a lesser amount of water or may vary the periods of annual use and the permit to appropriate water shall be regarded as limited accordingly.

Source: SL 1983, ch 316, § 16.
S.D. Codified Laws § 46-10-1 — SD Code / Title 46 / Chapter 10 / Section 46-10-1
Action for general adjudication of water or water use rights--When attorney general to bring
Status: in_force

It shall be the duty of the attorney general to bring an action for the general adjudication of the nature, extent, content, scope, and relative priority of the water rights and the rights to use water of all persons, or entities, public or private, on any river system and on all other sources, when in his judgment, or in the judgment of the Water Management Board, the public interests require such action.

Source: SDC 1939, § 55.1811; SL 1980, ch 305, § 1.
S.D. Codified Laws § 46A-1-14 — SD Code / Title 46A / Chapter 1 / Section 46A-1-14
Annual report of activities of board--Contents
Status: in_force

January first of every year, the Board of Water and Natural Resources shall make an annual report to the Governor and the Legislature setting forth all activities that it has engaged in during the preceding year. The board shall include within the annual report detailed accounts of all expenditures from the South Dakota water and environment fund created in § 46A-1-60 , setting forth descriptions of the purposes of all such expenditures. These reports shall be filed on or before the first legislative day of each session and shall show schedules of expenditures and all other purposes and uses which have been realized and accomplished through the development of the system. The annual report shall also include recommendations on the levels and allocation of funding necessary to implement the state water plan.

Source: SL 1972, ch 241, § 20; SDCL Supp, § 46-17A-19; SL 1986, ch 291, § 2; SL 1992, ch. 254, § 8.
S.D. Codified Laws § 46A-9-30 — SD Code / Title 46A / Chapter 9 / Section 46A-9-30
Director to be landowner or entryman
Status: in_force

No person is qualified to hold office as a member of the board of directors of any water user district unless the person is a landowner or entryman of the district.

Source: SL 1939, ch 291, § 6; SDC Supp 1960, § 61.1306; SDCL § 46-16-29; SL 2011, ch 165, § 476.
S.D. Codified Laws § 46A-14-81 — SD Code / Title 46A / Chapter 14 / Section 46A-14-81
Dissolution of district where federal watershed project not certified infeasible--Special election--Notice--Ballots
Status: in_force

After a watershed district has been in existence for at least five years and contains a federal watershed project that has not been certified infeasible by the state conservationist of the United States Natural Resources Conservation Service, whenever twenty-five percent of the eligible voters of the district petition the managers to call a special election to submit to the eligible voters of the watershed district a proposition to vote on the discontinuance of the watershed district and a settlement of its bonded and other indebtedness, the managers shall call a special election for those purposes and shall publish notice of the election in a legal newspaper of general circulation in the county or counties in the watershed district once each week for three consecutive publications. The notice shall state that an election is to be held to determine whether the watershed district should be dissolved. The ballots shall read as follows:

For dissolution of (Name) Watershed District ()

Against dissolution of (Name) Watershed District ()

Source: SL 1957, ch 492, § 34; SL 1959, ch 452, § 28; SDC Supp 1960, § 61.1534; SDCL § 46-24-80; SL 1980, ch 312, § 1; SL 1989, ch 389, § 10; SL 2013, ch 228, § 54.
S.D. Codified Laws § 46A-10A-109 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-109
Results of election to determine length of term
Status: in_force

The results from the initial election for trustees shall determine the length of term each trustee shall hold. The candidate with the most votes shall be elected for a three - year term, the candidate with the second highest vote total shall be elected for a two - year term and the candidate with the third highest vote total shall be elected for a one - year term. The term of office for a trustee elected at a succeeding election shall be three years or until the trustee's successor has qualified.

Source: SL 1997, ch 256, § 12.
S.D. Codified Laws § 46A-18-13 — SD Code / Title 46A / Chapter 18 / Section 46A-18-13
Petition examined by board--Investigation--Payment of estimated costs--Representation of petition
Status: in_force

The Board of Water and Natural Resources shall examine the petition, and if it determines that the petitioners have complied with the requirements of this chapter, the board may make an immediate investigation of the proposed district and of its proposed works, systems, or plans and of the engineering and economic feasibility of the project. The board may make an estimate of the cost of the investigation and may require the petitioners to defray part or all of the estimated cost before proceeding with the investigation. If the petition is dismissed by the board, the petitioners may present a new petition covering the same matter or the same petition with additional signatures if additional signatures are necessary.

Source: SL 1984, ch 293, § 12; SL 1995, ch 253, § 14.
S.D. Codified Laws § 46-6-26 — SD Code / Title 46 / Chapter 6 / Section 46-6-26
Permits may be denied or conditioned to protect domestic or municipal wells or natural springs
Status: in_force

The Water Management Board or chief engineer pursuant to § 46-1-16 may deny or condition any permit in conformity with § 46-6-24 as is determined necessary to protect domestic wells, municipal wells, or natural springs of this state.

Source: SL 1980, ch 304, § 3; SL 1990, ch 355, § 5.
S.D. Codified Laws § 46A-11-26 — SD Code / Title 46A / Chapter 11 / Section 46A-11-26
Assessments payable to treasurer of county in which assessed land is situated--Issuance of bonds by joint action of boards--Laws governing
Status: in_force

Assessments are payable to the treasurer of the county in which assessed land is situated. Bonds may be issued by jointly acting boards and payable from assessments for the project. The bonds shall be signed by the chairman of each board, countersigned by the auditor of each county and may be issued for any portion of the expenses of the project. The terms, issue, collection of assessments, and all other procedure shall be the same as for a project located entirely within one county and any assessments and certificates shall be a lien and enforceable as for a single county project.

Source: SDC 1939, § 61.1036; SDCL, § 46-21-26; SL 1985, ch 362, § 123.
S.D. Codified Laws § 46A-14-6 — SD Code / Title 46A / Chapter 14 / Section 46A-14-6
Boundaries of district--Contiguous land ownerships
Status: in_force

The boundaries of a watershed district may be entirely within or partly within a county or conservation district and may include the whole or any part of one or more counties or conservation districts. The land ownerships embraced within a watershed district shall be contiguous. If feasible, the district shall include all territory within the affected watershed or drainage basin, or all territory from which the water from natural or artificial channels finds its outlet through a main stream or channel. However, if the ownership of a parcel of land is not a matter of record in the office of the register of deeds of the county in which the land is situated, or if a parcel of land is not subject to payment of taxes or special assessments, the land may be excluded from a proposed or existing watershed district.

Source: SL 1957, ch 492, § 4; SL 1959, ch 452, § 2; SDC Supp 1960, § 61.1504; SL 1965, ch 303, § 2; SDCL § 46-24-6; SL 2011, ch 165, § 521; SL 2013, ch 228, § 10.
S.D. Codified Laws § 46A-1-40 — SD Code / Title 46A / Chapter 1 / Section 46A-1-40
Additional covenants to secure bonds or make them more marketable
Status: in_force

The district may covenant to perform any act and to do anything as may be necessary or convenient or desirable in order to secure its bonds, or as may in the judgment of the district tend to make the bonds more marketable, notwithstanding that such acts or things may not be enumerated in this section or this chapter. It is the intention of this chapter to empower the district issuing bonds pursuant to this chapter to make all covenants, to perform all acts, and to do all things not inconsistent with the Constitution of the State of South Dakota.

Source: SL 1972, ch 241, § 39; SDCL Supp, § 46-17A-38; SL 2011, ch 165, § 300.
S.D. Codified Laws § 46A-18-47 — SD Code / Title 46A / Chapter 18 / Section 46A-18-47
Eligibility to vote on tax levies and assessments
Status: in_force

In the election provided in § 46A-18-45 , all qualified voters of the district are eligible to vote. However, if special assessments are proposed, only those qualified voters of the district who are also landowners subject to the proposed assessments may vote. If the financing proposal provides for both general tax levies and special assessments, the votes applicable to the general tax and the votes applicable to the special assessments shall be counted separately and accepted separately for purposes of determining the outcome of the election.

Source: SL 1984, ch 293, § 46; SL 2002, ch 144, § 8; SL 2007, ch 257, § 5.
S.D. Codified Laws § 46-5-39 — SD Code / Title 46 / Chapter 5 / Section 46-5-39
Temporary use permits--Authorization for
Status: in_force

Before an entity described in § 46-5-38 is ready to use part or all of the water subject to a future use permit or permits, temporary appropriations may be made of the water. Any person desiring to appropriate the water shall make an application to the chief engineer for a temporary permit pursuant to the procedure contained in chapter 46-2A .

Source: SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0122; SL 1961, ch 456; SL 1966, ch 259, § 3; SL 1983, ch 314, § 72.
S.D. Codified Laws § 46A-1-33.1 — SD Code / Title 46A / Chapter 1 / Section 46A-1-33.1
District may contract to manage payment or interest rate risk for bonds
Status: in_force

The district may enter into any contract that the district determines necessary or appropriate to manage payment or interest rate risk for bonds issued pursuant to this chapter, the investment of proceeds, or other funds of the district. The contracts may include: interest rate exchange agreements; contracts providing for payment or receipt of funds based on levels of or changes in interest rates; contracts to exchange cash flows or series of payments; or contracts incorporating interest rate caps, collars, floors, or locks.

Source: SL 2003, ch 10, § 6.
S.D. Codified Laws § 46A-10A-9.5 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-9.5
Action required by board to be included in county drainage plan--Not subject to referendum procedure
Status: in_force

Any action or official control required by the Water Management Board pursuant to § 46A-10A-9.3 shall be consistent with the principles outlined in § 46A-10A-20 and shall be included in the applicable county drainage plan, if a plan has been established. Such actions or official controls are not subject to any referendum procedure set forth in this chapter.

Source: SL 1987, ch 336, § 6.
S.D. Codified Laws § 46A-3B-2.1 — SD Code / Title 46A / Chapter 3B / Section 46A-3B-2.1
Qualified directors to continue in office following realignment
Status: in_force

If a water development district has a realignment of director areas, as a result of § 46A-3B-2 , any director serving at the time of the realignment may continue to serve until the expiration of the director's term, provided the director remains a resident of the district.

Source: SL 2008, ch 233, § 3, eff. Jan. 1, 2009; SL 2024, ch 184, § 3; SL 2025, ch 186, § 22.
S.D. Codified Laws § 46A-10B-1 — SD Code / Title 46A / Chapter 10B / Section 46A-10B-1
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Board," the Board of Water and Natural Resources;

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

(3) "Developer" or "subdivider," any person, partnership, limited liability company, joint venture, association, or corporation who participates as owner, promoter, developer, or sales agent in the planning, platting, development, promotion, sale, or lease of a subdivision;

(4) "District," a drainage basin utility district established pursuant to this chapter;

(5) "Drainage basin" or "basin," a natural or artificial land surface depression with or without perceptibly defined beds and banks to which surface runoff gravitates and collectively forms a flow of water continuously or intermittently in a definite direction;

(6) "Facility," any dam, wall, wharf, embankment, levy, dike, pile, abutment, projection, excavation, channel rectification, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, or matter planned, constructed, acquired, owned, operated, or renovated by a drainage basin utility district established pursuant to this chapter;

(7) "Flood" or "flooding," a general and temporary condition of partial or complete inundation of normally dry land areas caused by the overflow of inland waters or the unusual and rapid accumulation or runoff of surface waters from any source;

(8) "Governing body," the entity that has been designated to administer the affairs of a drainage basin utility district pursuant to §§ 46A-10B-4 and 46A-10B-9 ;

(9) "Subdivision," the platting of a lot or the division of a lot, tract, or parcel of land into two or more lots, plots, or sites.

Source: SL 1989, ch 388, § 1; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 1994, ch 351, § 115; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 46A-10B-42 — SD Code / Title 46A / Chapter 10B / Section 46A-10B-42
Publication of petition to cancel or suspend project--Requirements
Status: in_force

At least once each week for two successive weeks before filing a petition with the circuit court to cancel or suspend a district project, facility, or program, the person filing the petition shall publish 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 a summary of the purpose and contents of the petition, 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.

Source: SL 1989, ch 388, § 48A.
S.D. Codified Laws § 46A-14-53 — SD Code / Title 46A / Chapter 14 / Section 46A-14-53
Contract with conservation districts for funding
Status: in_force

The managers may enter into a contract with the supervisors of a conservation district or districts for funds necessary for operation, maintenance, and other obligations set forth in the watershed financial plan approved pursuant to § 46A-14-51 , and funds for such purpose shall be made available to the conservation district by the county commissioners pursuant to § 38-8-49.1 .

Source: SL 1971, ch 255; SDCL Supp, § 46-24-52.1; SL 1985, ch 77, § 39.
S.D. Codified Laws § 46A-3A-1 — SD Code / Title 46A / Chapter 3A / Section 46A-3A-1
Water development district--Nature--Establishment
Status: in_force

A water development district is a political subdivision of this state.

A water development district may be established:

(1) By the Legislature; or

(2) In accordance with the procedure set forth in this chapter.

A water development district is recognized as a legal entity on the January first following the date of its creation.

Source: SL 1984 (SS), ch 1, § 6; SL 2012, ch 217, § 1; SL 2025, ch 186, § 1.
S.D. Codified Laws § 46-2A-5 — SD Code / Title 46 / Chapter 2A / Section 46-2A-5
Postponement of hearing on application--Time for notice
Status: in_force

The applicant or any person who has filed a petition to oppose an application, may file a written notice to the chief engineer requesting a postponement of the date set for hearing on the application. Upon receipt of the written notice, the chief engineer shall cancel the original hearing on the application and reschedule the application for hearing by the Water Management Board not less than twenty days after the published date for hearing. The notice shall be filed within ten days of the published notice as provided for by §§ 46-2A-4 and 46-2A-23 .

Source: SL 1983, ch 316, § 11; SL 2021, ch 192, § 2.
S.D. Codified Laws § 46A-7-14 — SD Code / Title 46A / Chapter 7 / Section 46A-7-14
Neglect or refusal of board to make assessment--Adoption of assessment for preceding year
Status: in_force

If the board of directors of any irrigation district neglects or refuses to cause an assessment and levy to be made as provided in this chapter, the assessment of property made for the preceding year shall be adopted and shall be the basis of assessment for the district. The county commissioners of the county in which the district was originally organized shall cause an assessment roll of the district to be prepared and shall make the levy for the payment of the principal and interest on bonds, to meet all payments due or to become due the ensuing year to the United States under any contract between the district and the United States, and to meet the expenses for organizing and operating the district, in the same manner and with like effect as if the levy had been made by the board of directors. The expense incident to making the levy shall be borne by the district.

Source: SDC 1939, § 61.0907; SL 1949, ch 435, § 3; SDCL § 46-15-14; SL 2011, ch 165, § 422.
S.D. Codified Laws § 46A-11-6 — SD Code / Title 46A / Chapter 11 / Section 46A-11-6
Assessment--Certified copy filed with county treasurer--Notice
Status: in_force

Thirty days after an assessment is made, a copy certified by the county auditor shall be filed by him with the county treasurer. However, before it is filed, the board shall give notice of the time of filing, by publication at least once in each week for two consecutive weeks in an official newspaper in the county as designated by the board. The notice shall contain a description of the property assessed, the name of the owner as it appears in the assessment, the amount of each assessment, including the amount assessed against the county any municipality, township, or railroad company, and the date when the assessment will become delinquent, plus any penalty and the date from which interest will be charged.

Source: SDC 1939, § 61.1008; SL 1985, ch 362, § 103; SL 1992, ch 60, § 2.
S.D. Codified Laws § 46A-14-41 — SD Code / Title 46A / Chapter 14 / Section 46A-14-41
Appointment of personnel--Performance bond
Status: in_force

The managers may appoint or employ an engineer, professional assistants, and such other employees as may be necessary, and provide for their qualification, duties, and compensation, which, with all other expenses may be included as a part of the cost of a project or improvement. The managers may require any officer or employee of the district to give a bond for the faithful performance of his or her duties, in an amount prescribed by the managers. The cost of the bond shall be paid from funds of the district.

Source: SL 1957, ch 492, § 19; SDC Supp 1960, § 61.1519; SDCL § 46-24-41; SL 2013, ch 228, § 31.
S.D. Codified Laws § 46A-1-58 — SD Code / Title 46A / Chapter 1 / Section 46A-1-58
Refunding bonds authorized for unmatured obligations
Status: in_force

The district may issue negotiable refunding bonds under the provisions of this chapter to refund bonds at or before their maturity or which by their terms are subject to redemption before maturity, or both, in an amount necessary to refund:

(1) The principal amount of the bonds to be refunded;

(2) The interest to accrue up to and including the maturity date or dates, or to the next succeeding redemption date of the bonds; and

(3) The applicable redemption premiums, if any.

Source: SL 1972, ch 241, § 52; SDCL Supp, § 46-17A-51; SL 2011, ch 165, § 307.
S.D. Codified Laws § 46A-7-9 — SD Code / Title 46A / Chapter 7 / Section 46A-7-9
Board of equalization, board of directors constituting--Meetings, purpose--Apportionment of benefits and assessments--Duties of secretary
Status: in_force

Upon the day specified in the notice required by § 46A-7-8 , for the meeting of the board of directors, which is hereby constituted a board of equalization for that purpose, it shall meet and continue in session from day to day, as long as may be necessary, not to exceed ten days exclusive of Sundays, to hear and determine such objections to the apportionment of benefits and assessments as may come before it; and the board may change the apportionment of benefits and assessments as may be just. The secretary of the board shall be present during its session and note the changes made in the apportionment of benefits and assessments of property, and in the names of the persons whose property is assessed; and within twenty days after the close of the session he shall have the total values and assessments, as finally equalized by the board, extended into columns and added.

Source: SDC 1939, § 61.0906; SDCL, § 46-15-9.
S.D. Codified Laws § 46A-14-56 — SD Code / Title 46A / Chapter 14 / Section 46A-14-56
Referendum on financing arrangements--Eligibility to vote--Counting of votes
Status: in_force

In the referendum, as provided in § 46A-14-55 , the same eligibility to vote as prescribed by § 46A-14-15.1 shall govern in the case of proposed general tax levies. If special assessments are proposed, the votes of only those landowners subject to the special assessments may be counted. If the financing proposal provides for both general tax levies and special assessments, the votes applicable to the general tax and the votes applicable to the special assessments shall be counted separately and accepted separately for purposes of determining the outcome of the referendum.

Source: SL 1959, ch 452, § 18; SDC Supp 1960, § 61.1523 (3); SDCL § 46-24-55; SL 2013, ch 228, § 41.
S.D. Codified Laws § 46A-2-4 — SD Code / Title 46A / Chapter 2 / Section 46A-2-4
Definition of terms
Status: in_force

Terms used in this chapter and chapters 46A-3A to 46A-3E , inclusive, mean:

(1) "Benefits," the favorable effects, tangible or intangible, that accrue or are estimated to accrue to any person or the public by establishment of water resources projects;

(2) "Board," the governing board of the South Dakota Conservancy District which is the Board of Water and Natural Resources;

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

(4) "Equalized assessed valuation," the sum of:

(a) The value derived by dividing the full and true value as certified to the county of all property within that county, included in the water development district, by the median agricultural and nonagricultural ratios for all sales in that county as published in the current annual report of the property tax division of the South Dakota Department of Revenue as required pursuant to § 10-11-60 ; and

(b) The full and true value of all centrally assessed utility property within that county included in the water development district;

(5) "Facilities plan" or "state water facilities plan," those parts of the statewide water plan established by the Board of Water and Natural Resources;

(6) "Person," any natural person, firm, partnership, limited liability company, association, or corporation but not a public body or political subdivision;

(7) "Public entity," a county, township, municipality, political or administrative subdivision of state government, subdistrict, irrigation district, water user district, watershed district, drainage district, soil conservation district, or other public body recognized by state law;

(8) "Public hearings" or "hearings," formally scheduled and conducted meetings for purposes of determining courses of action concerning district or water development district business;

(9) "South Dakota Conservancy District" or "district," the public corporate entity established by this chapter;

(10) "Taxable property in the water development district," the sum of the taxable valuations of all property included in the water development district as variously established by the respective counties pursuant to § 10-11-25 ;

(11) "Total water development district equalized assessed valuation," the sum of the equalized assessed valuations of all the counties or portions of counties within the water development district;

(12) "Water development district" or "(Name) Water Development District," a subdivision of the district established as provided in chapters 46A-3A to 46A-3E , inclusive, for the purpose of planning and coordinating water resources development activity and providing financial and other assistance to water resources projects or development;

(13) "Water development district board of directors" or "water development district board," the governing officials who exercise the corporate powers of a water development district;

(14) "Water resources projects" or "water resources development," contracts for the marketing of water service or the facilities by which water is controlled, regulated, reclaimed, or made available for use, or the quality of which is protected and improved, including any wells, reservoirs, dams, water reclamation facilities, wastewater treatment facilities, intake structures, pumping stations, equipment, rights-of-way or easements, works or facilities, land and buildings or other real or personal property intended either to generate or sell hydroelectric power from projects which may include provisions for irrigation, municipal, rural, or industrial water supplies or to control, regulate, drain, reclaim, dispose of, pump, store, treat, purify, distribute, deliver, put into aquifers or water courses, or otherwise make available water for any beneficial use. The term includes the studies, investigations, plans, construction, operation, or maintenance associated with the facilities, and debt service reserve funds, funds to provide capitalized interest and any costs incurred in connection with the issuance of obligations to finance any of the foregoing.

Source: SL 1959, ch 453, § 4; SDC Supp 1960, § 61.1404; SDCL § 46-17-3; SL 1972, ch 240, § 2; SL 1977, ch 371, § 1; SL 1979, ch 301, § 1; SL 1980, ch 306, § 1; SL 1980, ch 310, § 1; SL 1982, ch 313, § 2; SL 1983, ch 322, §§ 1 to 3; SL 1984, ch 289; SL 1984 (SS), ch 1, § 61; SL 1994, ch 351, § 112; SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2005, ch 10, § 39; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 46A-1-64 — SD Code / Title 46A / Chapter 1 / Section 46A-1-64
Limit on loans or grants to projects in water facilities plan--Security for loans
Status: in_force

In administering the consolidated water facilities construction program, the Board of Water and Natural Resources may loan or grant a sum equal to the construction cost as estimated by the board but not to exceed two million dollars to any project in the state water facilities plan without specific authorization of the Legislature. Loans shall be secured by the best security position available. A pledge of assets owned by the entity receiving a loan and project revenues shall constitute sufficient minimum security for loans under this section.

Source: SL 1976, ch 282, § 3; SL 1977, ch 378; SDCL Supp, § 46-17A-54.1; SL 1983, ch 315, § 16; SL 1986, ch 291, § 5; SL 1989, ch 385, § 14; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 2015, ch 224, § 8, eff. Mar. 12, 2015.
S.D. Codified Laws § 46A-7-7 — SD Code / Title 46A / Chapter 7 / Section 46A-7-7
Assessments to meet obligations of contracts with United States--Apportionment of benefits unnecessary under contract
Status: in_force

If any irrigation district, organized under the laws of this state, has contracted with the United States for a supply of water for the irrigation of lands within the district, the construction of irrigation or drainage works, or the operation of such works, or both, or other purposes authorized by law, the board of directors may make the assessments intended to meet the obligations of the district under the contract in accordance with the method and terms as provided by the contract. No apportionment of benefits by the director of equalization is necessary if so provided in the contract.

Source: SDC 1939, § 61.0904; SL 1949, ch 435, § 1; SDCL § 46-15-7; SL 2011, ch 165, § 419.
S.D. Codified Laws § 46A-4-45 — SD Code / Title 46A / Chapter 4 / Section 46A-4-45
Meetings of directors--Special meetings--Open to public--Quorum--Vote required for action
Status: in_force

The board of directors shall hold regular meetings in its office each month on a day specified in the bylaws of the district at such time as the president shall designate and shall hold such special meetings as may be required for proper transaction of business. All special meetings shall be ordered by the president of the board, the order to be entered of record, and five days' notice thereof shall be given to each member unless notice is either waived in writing or by the presence of the director at the special meeting. The president shall also order a special meeting upon the request of any two directors. The order shall specify the business to be transacted and no other business than that specified shall be transacted at a special meeting. All meetings of the board shall be public. A majority of the members shall constitute a quorum for the transaction of business. Upon all questions requiring a vote there shall be a concurrence of at least a majority of the board.

Source: SDC 1939, § 61.0810; SL 1953, ch 482; SDCL, § 46-12-44; SL 1976, ch 276, § 5; SL 1978, ch 328; SL 1984, ch 294, § 34.
S.D. Codified Laws § 46A-18-64 — SD Code / Title 46A / Chapter 18 / Section 46A-18-64
Contracts and arrangements by district authorized
Status: in_force

The district directors may enter into contracts or other arrangements with the United States government or any department, with persons, with public and municipal corporations, with the government of this state, with drainage, soil and water conservation, conservancy, sewer, park, sanitary, reclamation, public power, irrigation, watershed, or other improvement districts, in this or other states. The contracts or arrangements may be for cooperation or assistance in constructing, maintaining, using, and operating the works of the districts, the waters thereof, or in minimizing or preventing damage to the properties, works and improvements of the districts from soil erosion, or for making surveys and investigations or reports thereon.

Source: SL 1984, ch 293, § 63.
S.D. Codified Laws § 46A-15-8 — SD Code / Title 46A / Chapter 15 / Section 46A-15-8
Authorization of additional future projects not precluded
Status: in_force

Nothing in §§ 46A-15-5 to 46A-15-14 , inclusive, is intended, nor may be construed, to preclude the state, any Indian tribes or any other eligible entity from seeking Congressional authorization and appropriation to plan, design, and construct additional projects in the future. Nothing in §§ 46A-15-5 to 46A-15-14 , inclusive, prevents the authorization of other projects as units of the Pick - Sloan Missouri Basin Program.

Source: SL 1988, ch 369, § 4.
S.D. Codified Laws § 46A-7-35 — SD Code / Title 46A / Chapter 7 / Section 46A-7-35
Application of funds from assessment and levy--Priority in distribution
Status: in_force

The funds arising from assessment and levy in any year shall be devoted to the obligations of the district payable from such funds and, as to all obligations payable from the bond and United States contract fund, shall be so devoted in the order of priority of the obligation.

Source: SDC 1939, § 61.0911; SDCL, § 46-15-35; SL 1976, ch 277, § 21.
S.D. Codified Laws § 46A-10A-76 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-76
Highway bridges and culverts--Construction--Maintenance--Modification--Costs
Status: in_force

Contracts for building public highway bridges and culverts necessary after construction of a drainage project may be let separately after the project is completed. The expense of constructing bridges or culverts initially shall be charged as part of the drainage costs, but thereafter such bridges and culverts shall be maintained as part of the highway. The expense of removing, repairing, enlarging, or replacing existing bridges or culverts across the line of a proposed drainage project shall be borne in equal shares by the drainage project and the county highway fund.

Source: SL 1985, ch 362, § 77.
S.D. Codified Laws § 46A-13-27 — SD Code / Title 46A / Chapter 13 / Section 46A-13-27
Establishment of drainage improvement and determination of damages--Equalization of benefits
Status: in_force

After the establishment of the drainage improvement and the determination of the damages, if any, the drainage commission shall fix the proportion of benefits of the proposed drainage among the lands or municipal corporations affected and equalize the same in like manner and after like notice as provided for the equalization of benefits in drainage matters by boards of county commissioners.

Source: SDC 1939, § 61.1110; SDCL, § 46-23-27.
S.D. Codified Laws § 46A-1-55 — SD Code / Title 46A / Chapter 1 / Section 46A-1-55
Persons executing district notes or bonds not subject to personal liability
Status: in_force

Neither the members of the Board of Water and Natural Resources nor any other person executing the notes or bonds issued by the district shall be subject to personal liability or accountability by reason of the issuance thereof or any review or finding of feasibility under § 46A-1-20 or 46A-1-52 .

Source: SL 1981 (2d SS), ch 1, § 20; SDCL Supp, § 46-17A-48.1.
S.D. Codified Laws § 46A-14-15 — SD Code / Title 46A / Chapter 14 / Section 46A-14-15
Determination that public interest would be served by creation of district--Election on question
Status: in_force

After the hearing, if it appears to the conservation district supervisors that public interest in the conservation of the natural resources within the proposed watershed district, including wildlife, water resources, forests, and soils, will be served and protected; that the engineering and economic practicability of creating a district will be sound and feasible, when considered in relation to the public interest; and the resulting cost to the owners of the property to be assessed and that the purpose of this chapter would be served by the creation of a watershed district, the conservation district supervisors shall order a vote to be taken to determine whether a watershed district should be organized. The conservation district supervisors shall file a copy of the election order and a copy of the initiating petition with the county auditor of each county in which a portion of the proposed watershed district will be located. The election shall be conducted in accordance with the applicable provisions of §§ 6-16-2 to 6-16-6 , inclusive.

Source: SL 1957, ch 492, § 7; SL 1959, ch 452, § 5; SDC Supp 1960, § 61.1507 (2); SL 1965, ch 303, § 4; SDCL § 46-24-15; SL 1998, ch 36, § 61; SL 2013, ch 228, § 17.
S.D. Codified Laws § 46A-5-3 — SD Code / Title 46A / Chapter 5 / Section 46A-5-3
Determination of construction costs by board of directors--Examinations and surveys--Surveys, maps, plans, and estimates, certification by irrigation engineer
Status: in_force

To ascertain the cost of any construction work, the board of directors shall cause surveys, examinations, and plans to be made that demonstrate the practicability of the plan, and furnish the proper basis for an estimate of the cost of carrying out the construction work. All surveys, examinations, maps, plans, and estimates shall be made under the direction of and certified by a competent irrigation engineer.

Source: SDC 1939, § 61.0901; SDCL, § 46-13-3; SL 1995, ch 253, § 1.
S.D. Codified Laws § 46A-4-50 — SD Code / Title 46A / Chapter 4 / Section 46A-4-50
Change of irrigation district boundaries--Exclusion of land within boundaries
Status: in_force

The boundaries of any irrigation district organized under the provisions of this chapter may be changed, and tracts of land included within the boundaries of the district at or after its organization under the provisions of this chapter may be excluded from the district in the manner prescribed in this chapter. However, neither a change of boundaries of the district nor an exclusion of lands from the district may impair or affect its organization, or its rights in or to property, or any of its rights or privileges, of whatever kind or nature. No such boundary change or exclusion of lands may affect, impair, or discharge any contract, obligation, lien, or charge for or upon which the district is or might become liable or chargeable, had such change of its boundaries not been made or had not any land been excluded from the district.

Source: SDC 1939, § 61.0818; SDCL § 46-12-49; SL 2011, ch 165, § 349.
S.D. Codified Laws § 46A-15-4 — SD Code / Title 46A / Chapter 15 / Section 46A-15-4
Improving navigation on Missouri river--Expenditure of funds by counties upon voter approval--Appropriations
Status: in_force

The county commissioners of any county bordering the Missouri River may, upon an affirmative vote of the qualified voters of the county, expend money for the purpose of improving navigation on the river where the river borders the county. The funds shall be expended in conjunction with appropriations made by the United States government in proportionate amounts as may be agreed upon by the county board of commissioners and the chief of engineers of the United States Army for the purpose of aiding in the securing of a permanent navigable channel in the river. The funds shall be expended in accordance with plans conforming to the character and approved methods of improvement of the river as determined by the chief of engineers of the United States Army.

The county commissioners may appropriate moneys out of the general funds of the county available for county purposes to meet the expense of any such improvements.

Source: SDC 1939, § 12.2902; SDCL § 46-27-4; SL 2011, ch 165, § 536.
S.D. Codified Laws § 46A-10B-32 — SD Code / Title 46A / Chapter 10B / Section 46A-10B-32
Collection of charge from abutting property developer--Conditions--Repayment of original installer
Status: in_force

If the developer enters into a repayment agreement pursuant to § 46A-10B-31 , with the governing body within ninety days of the completion and approval by the governing body of the drainage improvement or facility, then at the time the property abutting the off - site stormwater facility is developed and a building permit is issued, the governing body may assess a charge per front foot to the abutting property developer within the district, and if collected, the governing body shall repay the original installer after deducting a service charge not to exceed three percent to cover administrative costs. All costs for the original construction of the stormwater facility shall be fully paid by the installer before the installer is entitled to repayment under any agreement established pursuant to this chapter. The governing body shall adopt ordinances specifying procedures and requirements governing any repayment made pursuant to this section. Stormwater basin development fees paid by the developer pursuant to § 46A-10B-21 are not eligible for reimbursement under this section or § 46A-10B-31 .

Source: SL 1989, ch 388, § 38.
S.D. Codified Laws § 46A-10A-106 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-106
Superintendent's responsibilities--Manner and purpose of elections
Status: in_force

At the opening of the meeting, the superintendent shall state the purpose of the meeting and the manner in which the elections will be conducted. The first election conducted shall be to determine whether a board of three trustees should be elected to control and manage the district. This election shall be by secret ballot provided by the election board. If a majority of those voting approve of a board of trustees, then an election shall immediately be conducted to elect three trustees. An election conducted for trustees shall be preceded by verbal candidate nominations by those in attendance. Each voter shall be given a blank piece of paper to be used as a ballot to vote for as many trustees as are to be elected. The superintendent of the election shall instruct the voters as to how many votes may be cast on the ballot.

Source: SL 1997, ch 256, § 9.
S.D. Codified Laws § 46A-1-60 — SD Code / Title 46A / Chapter 1 / Section 46A-1-60
Water and environment fund--Establishment--Moneys in fund
Status: in_force

There is hereby established in the state treasury a special capital projects fund to be designated as the South Dakota water and environment fund. This fund shall consist of all moneys from all lawful public and private sources, including legislative appropriations, federal grants for capitalization of either a state water pollution control revolving fund or a state drinking water revolving fund or both, interest on investments, and principal and interest on loans made from the fund received by the district that are available for water facilities as provided by this chapter. The water and environment fund need not include any funds which are not required to be deposited therein as provided in § 46A-1-48 .

Source: SL 1972, ch 241, § 54; SL 1982, ch 316, § 1; SDCL Supp, § 46-17A-53; SL 1988, ch 363, § 6; SL 1988, ch 364, § 3; SL 1992, ch 254, § 8; SL 1994, ch 347, § 3.
S.D. Codified Laws § 46-6-9.5 — SD Code / Title 46 / Chapter 6 / Section 46-6-9.5
Well pump installers and well drillers prohibited from performing certain acts without appropriate license
Status: in_force

No licensed well pump installer or well driller may perform any electrical, plumbing, or mechanical act regulated by state law unless licensed to do so. All applicable rules and regulations of state law and municipal ordinances shall apply regarding any permit and any installation practice.

Source: SL 2001, ch 241, § 9.
S.D. Codified Laws § 46A-3E-9 — SD Code / Title 46A / Chapter 3E / Section 46A-3E-9
Taxes and assessments--Deposit of proceeds--Disbursement--Security--Assurance of payment of contract obligations
Status: in_force

Pursuant to chapters 46A-3A to 46A-3E , inclusive, a water development district board of directors may levy a tax, a special assessment, or both, against taxable property within the district, to be collected in accordance with chapters 46A-3A to 46A-3E , inclusive.

The amount collected must be forwarded monthly to the treasurer of the district for deposit in an institutional account designated by the board. Disbursements from the account may be made only upon vouchers drawn by the treasurer, pursuant to procedures adopted by the board. Disbursements may be used in performing the duties prescribed by chapters 46A-3A to 46A-3E , inclusive.

Any contract entered into by the board on behalf of an irrigation district, a drainage district, a watershed district, a municipality, a county, a township, or any state agency must be secured by the taxing or assessment power of the entity.

Any contract entered into by the board, with or on behalf of a soil conservation district, a water user district, or any other nontaxing entity must provide for an assurance of payment that is satisfactory to the board.

Source: SL 1984 (SS), ch 1, § 53; SL 1993, ch 256, § 69; SL 2025, ch 186, § 60.
S.D. Codified Laws § 46A-2-8 — SD Code / Title 46A / Chapter 2 / Section 46A-2-8
Rules--Delegation of authority by board
Status: in_force

The Board of Water and Natural Resources may promulgate rules pursuant to chapter 1-26 governing its procedures and internal affairs and may delegate authority to act on behalf of the district.

Source: SL 1959, ch 453, § 6; SDC Supp 1960, § 61.1406; SDCL, § 46-17-12; SL 1984 (SS), ch 1, § 65; SL 1986, ch 27, § 48; SL 1987, ch 328, § 2; SL 1993, ch 256, § 65.
S.D. Codified Laws § 46-4-4 — SD Code / Title 46 / Chapter 4 / Section 46-4-4
Location notice--Contents--Verification
Status: in_force

The location notice required under the provisions of § 46-4-3 shall contain the following information:

(1) The name and address of the landowner and of the locator;

(2) The date of the notice;

(3) The legal description of the land upon which the dam is to be located;

(4) The total number of acre - feet of water claimed for all purposes for each year;

(5) The acre - foot storage capacity of the reservoirs;

(6) The estimated surface area of the storage basin; and

(7) The number of acres of watershed above the dam.

The location notice shall be subscribed and sworn to by the applicant before a notary public or other officer having a seal.

Source: SDC 1939, § 61.0133; SL 1955, ch 430, § 1; SL 1957, ch 490, § 3; SDC Supp 1960, § 61.0138 (3); SL 1983, ch 318, § 5.
S.D. Codified Laws § 46A-10A-107 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-107
Ballots and poll list--Ballot delivery
Status: in_force

When the voters vote by ballot to determine whether to form a board of trustees or on the election of trustees, a poll list shall be kept by the clerk of the meeting, on which shall be entered the name of each person whose vote is received. The ballot shall be delivered by the voter to one of the clerks, so folded as to conceal its contents, and the clerk shall deposit the ballot in a box provided for that purpose.

Source: SL 1997, ch 256, § 10.
S.D. Codified Laws § 46A-11-25 — SD Code / Title 46A / Chapter 11 / Section 46A-11-25
Drainage bonds--County not liable for payment--Payment from assessments
Status: in_force

No county may be liable for payment of any bonds issued under this chapter. The bonds shall be paid from funds derived from assessments under this chapter.

Source: SDC 1939, § 61.1024; SDCL, § 46-21-25; SL 1985, ch 362, § 122.
S.D. Codified Laws § 46A-4-62 — SD Code / Title 46A / Chapter 4 / Section 46A-4-62
Filing and recording of order changing boundaries--Effect of change
Status: in_force

If the boundaries of a district are changed, a copy of the order of the board of directors ordering the change, certified by the president and secretary of the board, shall be filed for record in the office of the Board of Water and Natural Resources and also the register of deeds office of each county within which are situated any of the lands of the district. The district shall remain an irrigation district as fully, to every intent and purpose, as if the lands which are included in the district by the boundary change had been included in the district at the original organization of the district.

Source: SDC 1939, § 61.0826; SDCL § 46-12-61; SL 2011, ch 165, § 358.
S.D. Codified Laws § 46A-18-57 — SD Code / Title 46A / Chapter 18 / Section 46A-18-57
Reserve fund for extraordinary maintenance or operation
Status: in_force

The annual operation and maintenance budget shall include provisions for accumulation of a reserve fund for extraordinary maintenance or operation. The amount budgeted each year for the reserve fund shall be at least ten percent of the estimated cost of the annual routine operation and maintenance. Annual increments for the reserve fund shall be budgeted whenever the balance in the accumulated reserve fund is less than the current annual operation and maintenance budget. Expenditures from the reserve fund may be made by the directors if, in their judgment, extraordinary operation or maintenance of project works is necessary.

Source: SL 1984, ch 293, § 56.
S.D. Codified Laws § 46A-13-10 — SD Code / Title 46A / Chapter 13 / Section 46A-13-10
Petition for improvement of interstate drainage project--Filing with commission, Contents--Jurisdiction--Joint survey--Appointment of engineers
Status: in_force

At least twenty-five South Dakota resident owners of not less than ten acres of land each within an interstate drainage district formed pursuant to this chapter, or the governing body of any county or municipality located within the district that is likely to be affected by a proposed improvement, may file a petition with the district commission setting forth the necessity for an improvement to be constructed by joint arrangement and cooperation with the authorities of another state. The petition shall include a general description of the proposed improvement. If the proposed improvement involves a ditch or watercourse, the petition shall describe the starting point, the general route, and terminus, together with a description of the territory likely to be affected. If the improvement involves the raising, lowering, or impounding of water in any body of water or stream, the petition shall include a description of the body of water or watercourse and the proposed changes to be made, and shall state the purpose for the changes and a description of the land likely to be affected by the changes. The petition shall request the construction of any of the drainage or flood control improvements referred to in this chapter.

The district commission has jurisdiction over all matters referred to in the petition in the counties named within the limits of the district. In addition, the commission may make joint contracts or agreements with the court, tribunal, or other body in the adjoining state, having authority relative to drainage and control of flood waters, for the appointment of one or more engineers to secure a joint survey of the territory affected by the proposed improvement. The joint survey shall be for purposes of considering the adoption of a joint plan for cooperation in supplying the necessary drainage of lands affected by the improvement, and impounding and controlling flood waters in and the outlet from the affected lands. In selecting the engineers, preference shall be given to state engineers or engineers in charge of state drainage in the respective states.

For purposes of this section, status as a resident owner of land within an interstate drainage district is as shown by the records in the offices of the register of deeds and the clerk of courts of the county in which the land is situated. If the land is sold under contract for deed, which is of record in the office of the register of deeds of the county, both the landowner and the individual purchaser of the land, as named in the contract for deed, shall be treated as owners.

Source: SDC 1939, § 61.1105; SL 1964, ch 222, § 2; SDCL § 46-23-10; SL 2011, ch 165, § 509.
S.D. Codified Laws § 46A-3B-6 — SD Code / Title 46A / Chapter 3B / Section 46A-3B-6
Run-off elections for initial directors
Status: in_force

Within thirty days after a general or special election for the initial directors of a water development district, the Board of Water and Natural Resources shall hold a run - off election for each director area in which no candidate received a majority of the votes cast. The run - off election must be between the two candidates receiving the most votes during the general or special election. The district is responsible for the costs of the run - off election.

Source: SL 1984 (SS), ch 1, § 20; SL 2025, ch 186, § 26.
S.D. Codified Laws § 46A-7-29 — SD Code / Title 46A / Chapter 7 / Section 46A-7-29
Reversion to prior method of collection--Filing of certificate of change--Collection through office of county treasurer
Status: in_force

Any irrigation district, organized within a United States reclamation project, that chooses to collect its assessments as provided in §§ 46A-7-22 to 46A-7-28 , inclusive, may revert back to the prior method of making collection through the county treasurer's office by filing with the county auditor of the county or counties stated in § 46A-7-23 , within which the irrigation district is located, a certificate signed by a majority of the board of directors of the irrigation district stating that a majority of the board of directors of the irrigation district desires to make such a change. After the certificate is filed, beginning with the first day of May of the year in which the change is desired to be made, all requirements of the laws of this state for the collection of taxes and assessments through the county treasurer's office shall be complied with as though §§ 46A-7-22 to 46A-7-28 , inclusive, had not been enacted.

Source: SL 1945, ch 348; SDC Supp 1960, § 61.0932; SDCL § 46-15-29; SL 2011, ch 165, § 429.
S.D. Codified Laws § 46A-18-27 — SD Code / Title 46A / Chapter 18 / Section 46A-18-27
Boundary adjustments
Status: in_force

After the creation of a water project district, minor adjustments to the boundaries of the district may be made by the directors, without referendum. Such adjustments may not delete lands from the district that have been subject to a special assessment during the budget year or the current year and such adjustments may not include additional land in the district without the written approval of the owner of the land.

Source: SL 1984, ch 293, § 26.
S.D. Codified Laws § 46A-18-72 — SD Code / Title 46A / Chapter 18 / Section 46A-18-72
Investigation of district operations--Hearing--Order for correction
Status: in_force

The Board of Water and Natural Resources may at any time investigate the operations of any district. If it discovers the operations are detrimental to proper utilization of waters or existing rights, the board may in its discretion hold a hearing to obtain facts and information. After the hearing, the Board of Water and Natural Resources may order the district directors to correct the operation. If the directors fail to make the ordered corrections, the board may procure a court order to prevent further detrimental operations.

Source: SL 1984, ch 293, § 71.
S.D. Codified Laws § 46A-4-51 — SD Code / Title 46A / Chapter 4 / Section 46A-4-51
Common school and endowment irrigable lands within district--Sale--Inclusion in district
Status: in_force

All common school and endowment lands located within any irrigation district and susceptible of irrigation shall be offered for sale, according to law, within five years after the time water is available for irrigation, and after sale shall be included within the district as in this chapter provided for including additional lands.

Source: SDC 1939, § 61.0819; SDCL, § 46-12-50.
S.D. Codified Laws § 46A-10B-27 — SD Code / Title 46A / Chapter 10B / Section 46A-10B-27
Application of fees or charges
Status: in_force

Any fee or charge paid pursuant to this chapter may be used solely to pay for the costs of operation, repair, maintenance, improvements, renewal, replacement, reconstruction, design, right - of - way acquisition, and construction of public stormwater facilities, for purposes authorized in § 46A-10B-13 , or to pay the governing body's accounting, management, or administration expenses incurred in the implementation of this chapter.

Source: SL 1989, ch 388, § 33.
S.D. Codified Laws § 46A-10A-117 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-117
Costs and expenses--Levy
Status: in_force

All costs and expenses to discharge the powers and duties by §§ 46A-10A-98 to 46A-10A-123 , inclusive, including costs of elections, shall be assessed, levied, and collected under the provisions of chapter 46A-11 . A levy shall be upon certificate by the board of trustees to the board of county commissioners of the amount necessary for the levy.

Source: SL 1997, ch 256, § 20.
S.D. Codified Laws § 46A-14-13 — SD Code / Title 46A / Chapter 14 / Section 46A-14-13
Time and place for hearing on initiating petition--Publication of notice--Contents
Status: in_force

If the conservation district supervisors and county auditors determine that a sufficient initiating petition has been filed, the conservation district supervisors shall within ten days, thereafter, by their order, fix a time and place, for a hearing on the petition. Notice of the hearing shall be given by the conservation district supervisors by publication once each week for at least two consecutive weeks in a newspaper of general circulation in the area covered by the proposed district. The last notice shall occur within ten days before the hearing and shall contain the following:

(1) A statement that an initiating petition has been filed with the conservation district supervisors and a copy of the petition with the county auditor of each affected county;

(2) A general description of the purpose of the contemplated improvement and the territory to be included in the proposed district;

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

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

Source: SL 1957, ch 492, § 6; SL 1959, ch 452, § 4; SDC Supp 1960, § 61.1506; SDCL § 46-24-13; SL 1972, ch 239, § 8; SL 2013, ch 228, § 16.
S.D. Codified Laws § 46A-11-30 — SD Code / Title 46A / Chapter 11 / Section 46A-11-30
Petition for extension of unpaid installments for drainage--Number of signatures required--Identification of drain--Contents--Hearing, publication of notice
Status: in_force

If there is filed with the county auditor a petition signed by owners of not less than fifty - one percent of the real property assessed for a project, which petition identifies the project and states that owners of land assessed for the project have defaulted in payment of one or more installments of assessments, that landowners are unable to pay installments falling due during the current year, or any other facts showing a necessity for an extension, the county auditor shall set the matter for hearing before the board at any regular or special meeting. The auditor shall publish notice of the hearing in a legal newspaper of the county at least once a week for at least two successive weeks prior to the hearing. The notice shall acknowledge filing of the petition, shall identify the project, and shall state the purpose, time, and place of the hearing.

Source: SDC 1939, § 61.1018; SDCL, § 46-21-30; SL 1985, ch 362, § 127.
S.D. Codified Laws § 46A-10A-50 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-50
Order establishing area subject to voters' approval--Notice of election--Exemption from election requirement
Status: in_force

If the board or commission is satisfied that the requirements of this chapter have been fully met, it shall make an order declaring that such area, with the assent of the landowners thereof, shall be a coordinated drainage area as specified in the application. It shall also include in such order a notice for an election of the landowners residing in the proposed area, at polling places designated by the board, on a day within one month, to determine whether the area shall become a coordinated drainage area. However, if the landowners signing the petition represent a majority of the resident landowners in the area, no election need be held.

Source: SL 1985, ch 362, § 50.
S.D. Codified Laws § 46A-10B-3 — SD Code / Title 46A / Chapter 10B / Section 46A-10B-3
Joint powers agreement required
Status: in_force

No drainage basin utility district may be established unless each county and each municipality located wholly or partially within the proposed district has executed a joint powers agreement establishing the district, in accordance with the provisions of this chapter. No district may be established unless at least one county included wholly or partially within the proposed district has a total population greater than forty - five thousand according to the most recent United States census.

Source: SL 1989, ch 388, § 3.