S.D. Codified Laws § 46-5-31 — SD Code / Title 46 / Chapter 5 / Section 46-5-31
Change of use or place of diversion
Status: in_force

Any appropriator of water may use the water for purposes other than for which it was appropriated, or may change the place of diversion, storage, or use, in a manner and under conditions approved by the Water Management Board, except that changes in irrigation permits shall be as prescribed by §§ 46-5-34 to 46-5-36 , inclusive.

Source: SDC 1939, § 61.0142; SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0129; SL 1983, ch 314, § 61.
S.D. Codified Laws § 46A-9-7 — SD Code / Title 46A / Chapter 9 / Section 46A-9-7
Directors--Election at large or from election divisions--Boundaries of divisions
Status: in_force

Directors may be elected either at large, or from election divisions, without regard to whether municipality areas are included within the water user district. If the petition states that the directors shall be elected from election divisions, the petition shall describe the boundaries of the divisions. The boundaries may be drawn either with or without regard to the corporate limits of any municipality included partly or wholly within the district boundaries.

Source: SL 1939, ch 291, § 4; SL 1943, ch 310; SDC Supp 1960, § 61.1304 (1); SDCL § 46-16-7; SL 1992, ch 60, § 2; SL 2011, ch 165, § 467.
S.D. Codified Laws § 46A-1-13.2 — SD Code / Title 46A / Chapter 1 / Section 46A-1-13.2
Authorization of Belle Fourche irrigation rehabilitation project--Financial assistance limited
Status: in_force

Pursuant to §§ 46A-1-11 to 46A-1-13 , inclusive, construction of a fourteen million dollar Belle Fourche Irrigation Rehabilitation Project as generally described in the report entitled "Analysis of Request for Additional Funding Costs and Priority Summary" dated January 1994, is hereby authorized for the purpose of stabilizing crop and forage production in central western South Dakota to offset the effects of drought conditions which naturally devastate South Dakota's economic viability.

The Board of Water and Natural Resources may provide financial assistance in amounts not to exceed four million dollars ($4,000,000), or so much thereof as may be necessary, to the Belle Fourche Irrigation Rehabilitation Project to provide the nonfederal matching requirements for the project authorized pursuant to P.L. 103-434 as amended to January 1, 1995. No disbursements may be made under the loans authorized by this section unless funds are appropriated by the Legislature in conformance with § 46A-1-61 .

Source: SL 1995, ch 251, § 24.
S.D. Codified Laws § 46-5-10 — SD Code / Title 46 / Chapter 5 / Section 46-5-10
Appropriation of water--Application for permit required
Status: in_force

Any person intending to acquire a right to beneficial use of water shall, before starting construction or placement of works for that purpose or before taking the water from any constructed works, make an application to the Water Management Board for a permit to appropriate water, in the form required by rules promulgated pursuant to chapter 1-26 by the board.

Source: SDC 1939, § 61.0122; SL 1955, ch 430, § 1; SL 1957, ch 490, § 1; SDC Supp 1960, § 61.0110; SL 1983, ch 314, § 48; SL 1993, ch 256, § 56.
S.D. Codified Laws § 46A-1-107 — SD Code / Title 46A / Chapter 1 / Section 46A-1-107
Water infrastructure development fund--Moneys comprising--Continuous appropriation--Purpose--Grants--Loans--Promulgation of rules
Status: in_force

There is created the water infrastructure development fund. This fund consists of moneys from appropriations of the Legislature, federal grants for projects on the Bureau of Reclamation rural water projects list, interest on investments, and principal and interest on loans made from the fund. Expenditures from the fund are continuously appropriated and must be used for the construction, planning, and development of rural water projects in the state.

The Board of Water and Natural Resources may award a grant from the fund. A grant under this section may not exceed ten percent of the construction cost, as estimated by the board. The board may also provide a loan for a project, provided the loan does not exceed fifty percent of the construction cost, as estimated by the board.

The board, in rulemaking pursuant to chapter 1-26 , shall establish criteria for the selection of water projects to receive loans or grants from the fund and for the terms, conditions, and administration of the loans and grants.

Source: SL 2026, ch 181, § 1, eff. Mar. 27, 2026.
S.D. Codified Laws § 46-7-5.6 — SD Code / Title 46 / Chapter 7 / Section 46-7-5.6
Owner's reporting requirements where nonowner establishes habitation within flood plain
Status: in_force

If any individual other than the owner of a high - hazard dam establishes a habitation within the flood plain, the owner shall report the name, address and location of the individual to the chief engineer within ten days.

Source: SL 1990, ch 357, § 4.
S.D. Codified Laws § 46A-10A-9.2 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-9.2
Meeting to develop mutually acceptable joint county drainage activities
Status: in_force

Within thirty days after receipt of a petition for assistance filed pursuant to § 46A-10A-9.1 , the chief engineer as defined by subdivision 46-1-6(5) shall schedule a meeting with representatives of any affected board or commission for the purpose of developing mutually acceptable joint county drainage activities or official controls.

Source: SL 1987, ch 336, § 3.
S.D. Codified Laws § 46A-18-59 — SD Code / Title 46A / Chapter 18 / Section 46A-18-59
Levies for operation and maintenance
Status: in_force

Tax or special assessment levies in an amount sufficient to cover the budgeted operation and maintenance expense shall be included by the district directors in their tax assessment list. However, the levies may not exceed the limitations specified in this chapter and may not exceed the amounts of taxes or special assessments approved by the electorate of the district.

Source: SL 1984, ch 293, § 58; SL 1986, ch 381, § 3.
S.D. Codified Laws § 46-8-2 — SD Code / Title 46 / Chapter 8 / Section 46-8-2
Permission required for entry on land for surveys--Liability for damages
Status: in_force

No person may enter upon the lands of any other person without first obtaining written permission or a court order obtained pursuant to § 46-8-2.1 for the purpose of surveying or locating the most advantageous route for works necessary to put water to beneficial use. Actual damages sustained by reason of the entrance are the responsibility of the person causing the damages.

Source: SDC 1939, § 61.0416; SL 1955, ch 431, § 1; SL 1983, ch 314, § 133.
S.D. Codified Laws § 46A-9-13 — SD Code / Title 46A / Chapter 9 / Section 46A-9-13
Publication of petition for organization of district
Status: in_force

If the department determines the petition complies with requirements of this chapter, a notice shall be published in each county in which lands within the proposed water user district lie, in a legal newspaper of general circulation in the county, once each week for at least two successive weeks. The last date of publication shall be at least thirty days prior to the Board of Water and Natural Resources' meeting at which the petition is first considered. The notice shall be published at the petitioners' expense. The notice shall contain the information required in § 46A-9-4 , shall state when the petition was filed, shall state a public place in each county affected where the petition may be examined, and shall state the date, time, and place at which the petition will be considered by the Board of Water and Natural Resources. Any owner or entryman of land within the area to be included, who did not sign the petition may file a written protest with the department as provided in § 46A-9-14 .

Source: SL 1939, ch 291, § 4; SL 1943, ch 310; SDC Supp 1960, § 61.1304 (1); SDCL, § 46-16-13; SL 1972, ch 239, § 5; SL 1997, ch 255, § 3.
S.D. Codified Laws § 46A-10B-16 — SD Code / Title 46A / Chapter 10B / Section 46A-10B-16
Assessment of basins--Governing body to designate installation of facilities and method of assessment
Status: in_force

The governing body shall separately assess each basin within the district for facilities to be installed to serve each basin and to provide adequate drainage in each basin. The governing body shall designate the facilities to be installed, the time and schedule for installation of facilities, and the method of assessing costs of facilities to be installed against property in the basin.

Source: SL 1989, ch 388, § 22.
S.D. Codified Laws § 46A-3A-4 — SD Code / Title 46A / Chapter 3A / Section 46A-3A-4
James River Water Development District
Status: in_force

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

(1) Beadle, Brown, Davison, Hanson, Hutchinson, Sanborn, Spink, and Yankton counties;

(2) Aurora, Belford, Bristol, Cooper, Dudley, Firesteel, Hopper, Palatine, Plankinton, Pleasant Lake, and Pleasant Valley townships in Aurora County;

(3) Buffalo, Dayton, Dumarce, Eden, Fort, Hamilton, Hickman, Lake, Lowell, Miller, Newark, Newport, Pleasant Valley, Red Iron Lake, Sisseton, Stena, Waverly, Weston, and Wismer townships in Marshall County; and

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

Source: SL 1984 (SS), ch 1, § 9; SL 1995, ch 252; SL 2008, ch 232, § 3, eff. Jan. 1, 2009; SL 2009, ch 227, § 1; SL 2012, ch 217, § 3; SL 2015, ch 225, § 1; SL 2020, ch 196, § 1; SL 2025, ch 186, § 5.
S.D. Codified Laws § 46-5-37.2 — SD Code / Title 46 / Chapter 5 / Section 46-5-37.2
Exceptions to forfeiture for nonuse
Status: in_force

The provisions of § 46-5-37 notwithstanding, no water right or permit may be forfeited for nonuse if land authorized for irrigation by a permit or right is placed under an acreage reserve or production quota program or otherwise withdrawn from use as required for participation in any federal program, if the water source is not fully appropriated, if the withdrawal from use does not prevent approval of new permits from the same source, and if the appropriated water has been applied to beneficial irrigation use prior to participation in a federal program.

Source: SL 1989, ch 384.
S.D. Codified Laws § 46-2-9 — SD Code / Title 46 / Chapter 2 / Section 46-2-9
Powers, functions, and duties of board
Status: in_force

The Water Management Board, created in § 1-41-15 , may perform all the duties and carry out all the functions assigned to it by law and shall have general supervision of the waters of the state, including measurement, appropriation, and distribution thereof, and may exercise any powers, functions, and duties as the Legislature may provide.

Source: SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0104; SL 1965, ch 299; SL 1983, ch 314, § 24; SL 2021, ch 1 (Ex. Ord. 21-3), §§ 14, 52, eff. Apr. 19, 2021.
S.D. Codified Laws § 46A-10A-68 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-68
Damages due to project--Determination--Hearing--Appeal
Status: in_force

If a board establishes a project pursuant to § 46A-10A-65 , it shall calculate the damage sustained by each tract of land or by other property due to construction or maintenance of the project. The board shall give notice of its determination of damages to the respective landowners and shall schedule a hearing thereon. Damages to crops growing during construction may be calculated at a later time and shall be considered part of the cost of construction. At the hearing, the board will receive evidence on the question of damages and just compensation. Any affected person or competent witness on his behalf may testify in the matter of damages or compensation for land. A determination of damages by the board after the hearing is final unless appealed as provided in this chapter. Any appeal from a board's determination of damages shall be heard in circuit court as a condemnation action. Failure to appear to contest or to appeal an award of damages shall be deemed acceptance of damages or compensation for land taken.

Source: SL 1985, ch 362, § 69.
S.D. Codified Laws § 46A-11-20 — SD Code / Title 46A / Chapter 11 / Section 46A-11-20
Assessments upon land in other counties--Payment to treasurer of county in charge of drainage--Delinquent assessments
Status: in_force

Any assessment made by a board upon land in another county shall be paid to the county treasurer of the county having charge of the project. If the assessment becomes delinquent, the treasurer of the county having charge of the project shall certify the amount delinquent on any separate tract of land outside of the county to the treasurer of the county in which the land is situated. That treasurer shall collect the assessment as provided by this chapter and shall remit the collections to the treasurer of the county having charge of the project within thirty days.

Source: SDC 1939, § 61.1036; SDCL § 46-21-20; SL 1985, ch 362, § 117; SL 2011, ch 165, § 504.
S.D. Codified Laws § 46A-9-27 — SD Code / Title 46A / Chapter 9 / Section 46A-9-27
Notice of election time, place, and purpose--Mailing or publication
Status: in_force

The board of directors, at least twenty days before the date of election, shall mail to each person or corporation entitled to vote at the election, at the person's or corporation's last known place of residence or business, a notice stating the time, place, and purpose of the election. Alternatively, the board may publish in each county in which lands within the district lie, in some newspaper of general circulation printed and published in the county, once each week for at least two successive weeks before the time of election, a notice that the election will be held and giving the purpose, time, and place.

Source: SL 1939, ch 291, § 5; SDC Supp 1960, § 61.1305 (2); SDCL § 46-16-26; SL 1975, ch 277, § 2; SL 2011, ch 165, § 475.
S.D. Codified Laws § 46A-6-4.1 — SD Code / Title 46A / Chapter 6 / Section 46A-6-4.1
Eligibility to vote on water supply contract
Status: in_force

Only those electors whose land may be assessed to finance the water supply contract are eligible to vote in an election held pursuant to the provisions of § 46A-6-4 .

Source: SL 1984, ch 295, § 2.
S.D. Codified Laws § 46A-1-49 — SD Code / Title 46A / Chapter 1 / Section 46A-1-49
Financing agreements to lend bond proceeds--Board resolution
Status: in_force

In addition to its other powers, the district may, by appropriate resolution of the Board of Water and Natural Resources, enter into financing agreements with any public entity or person to loan the proceeds of the district's bonds to any public entity or person for a project within or without a water development district, subject to the requirement of § 46A-2-20 , without regard to the limitations, provisions, or requirements of any other law except chapter 46A-2 and this chapter. The persons or public entities receiving this financing may apply the borrowed funds to the project without further authorization of the project by the Legislature.

Source: SL 1980, ch 310, § 2; SDCL Supp, § 46-17A-46.1; SL 1984 (SS), ch 1, § 64; SL 2011, ch 165, § 304.
S.D. Codified Laws § 46A-9-45 — SD Code / Title 46A / Chapter 9 / Section 46A-9-45
Appropriation of waters of state by district--Interference with existing water rights forbidden
Status: in_force

Such water user district shall have the right to appropriate the waters of the state in the same manner as other appropriators under the laws of this state; provided, that such district shall not, in the exercise of the powers conferred by this chapter, interfere with, injure, or otherwise damage or affect existing water rights, other than through the purchase of such rights or through condemnation proceedings as provided in this chapter; and provided, further, that no irrigation district, corporation, association, or individual holding a water right for lands located either within or outside the boundaries of a water user district shall be in any way affected by the operations of such district other than by reason of a contract voluntarily entered into by such organization or individual with such district, or by reason of the exercise by such district of the power of eminent domain as provided in this chapter.

Source: SL 1939, ch 291, § 7; SDC Supp 1960, § 61.1307 (4); SDCL, § 46-16-43.
S.D. Codified Laws § 46A-2-15 — SD Code / Title 46A / Chapter 2 / Section 46A-2-15
Powers of district with respect to project owned and operated by district or regulated public water utility
Status: in_force

The district may, with respect to any project owned and operated by the district or a regulated public water utility:

(1) Establish and fix the rate or rates to be charged by the project owner for the furnishing or sale of all water from the project;

(2) Establish and fix the charge or charges for water meters or other means necessary for determining the consumption of water from the project; and

(3) Require that water for such beneficial uses in this state as the district may determine be made available along the route of the project in this state, in such amounts as the district may determine, up to a maximum of twenty - five percent of the capacity of any privately owned project, to any residential user in this state, upon the payment by the residential user of all costs of tapping into and removing water from the project.

The district may promulgate rules pursuant to chapter 1-26 for the exercise of the powers enumerated in this section, including procedures for the establishment of rates and charges and for making available water from the project.

Source: SL 1981 (2d SS), ch 1, § 7; SDCL Supp, § 46-17A-2.1 ; SL 1993, ch 256, § 66; SL 1997, ch 208, § 3.
S.D. Codified Laws § 46A-9-52 — SD Code / Title 46A / Chapter 9 / Section 46A-9-52
Contracts governed by public agency procurement law
Status: in_force

Any water user district contract for the construction, alteration, extension, or improvement of any works, or any part or section thereof, or any building, for the use of the district, or for the purchase of any materials, machinery, or apparatus therefor is governed by chapters 5-18A and 5-18B .

Source: SL 1939, ch 291, § 13; SDC Supp 1960, § 61.1313; SDCL § 46-16-50; SL 1972, ch 32, § 5; SL 1991, ch 373; SL 2011, ch 2, § 148.
S.D. Codified Laws § 46A-3B-1 — SD Code / Title 46A / Chapter 3B / Section 46A-3B-1
Initial board of directors--Election--Terms
Status: in_force

Except as otherwise provided in this section, a water development district's initial board of directors must be elected at the general election following the effective date of the district's establishment. If a general election is not scheduled to occur during the twelve month period after the district is established, the Board of Water and Natural Resources shall call a special election. The cost of a special election is the responsibility of the district.

The initial directors are elected to staggered terms, until the January first following the first general election occurring at least twelve months after the initial election or the next succeeding general election respectively to represent areas of the water development district. Thereafter, the term of each director is four years.

Source: SL 1984 (SS), ch 1, § 15; SL 2025, ch 186, § 20.
S.D. Codified Laws § 46-10A-1 — SD Code / Title 46 / Chapter 10A / Section 46-10A-1
Establishment of area--Petition of chief engineer
Status: in_force

The chief engineer may, after appropriate investigation, petition the Water Management Board to establish a water use control area. The petition shall be regarded as filed at the time it is signed and dated by the chief engineer.

Source: SL 1983, ch 314, § 179.
S.D. Codified Laws § 46A-16-8 — SD Code / Title 46A / Chapter 16 / Section 46A-16-8
Investigations, surveys and hearings--Procedure for conduct
Status: in_force

The South Dakota - Minnesota Boundary Waters Commission may prescribe procedure for the conduct of its investigations, surveys, and hearings.

Source: SL 1939, ch 294, § 2; SDC Supp 1960, § 55.5302 (2); SDCL, § 46-29-7; SL 1993, ch 256, § 87.
S.D. Codified Laws § 46A-16-1 — SD Code / Title 46A / Chapter 16 / Section 46A-16-1
South Dakota-Minnesota Boundary Waters Commission--Creation--Composition
Status: in_force

There is hereby created an interstate commission to be known as the South Dakota-Minnesota Boundary Waters Commission, which shall consist of the secretaries of the Departments of Agriculture and Natural Resources and Game, Fish and Parks of South Dakota and the commissioner of natural resources and the director of the pollution control agency of Minnesota, or their legal successors, and an engineer appointed by the mutual consent of the Governors of South Dakota and Minnesota for a period of four years.

Source: SL 1939, ch 294, § 1; SDC Supp 1960, § 55.5301; SDCL § 46-29-1; SL 1980, ch 313, § 1; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 46A-4-38 — SD Code / Title 46A / Chapter 4 / Section 46A-4-38
Statement of election results--Filing--Contents
Status: in_force

The secretary of the board of directors shall, as soon as the result is declared, enter upon the records of the board and file in the office of the auditor of each county in which the district is located a statement of the results. The statement shall show:

(1) The whole number of votes cast in the district and in each division of the district;

(2) The names of the persons voted for;

(3) The office to fill which each person was voted for;

(4) The number of votes given in each precinct for each of such persons; and

(5) The number of votes given in the district for each of such persons.

Source: SDC 1939, § 61.0808; SDCL § 46-12-37; SL 1975, ch 276, § 2; SL 2011, ch 165, § 344.
S.D. Codified Laws § 46A-9-25 — SD Code / Title 46A / Chapter 9 / Section 46A-9-25
Hour and place of election
Status: in_force

The board of directors of the water user district shall fix the hour and place, within the boundaries of the district, of each election and shall preside at the election. If the district is divided into election divisions, the board of directors in its discretion may fix a place of election within each election division, in which case the directors who represent that division shall preside at the election.

Source: SL 1939, ch 291, § 5; SDC Supp 1960, § 61.1305 (2); SDCL § 46-16-24; SL 2011, ch 165, § 474.
S.D. Codified Laws § 46A-7-33 — SD Code / Title 46A / Chapter 7 / Section 46A-7-33
Assessment as lien against property assessed--Interest--Collection--Sale of land
Status: in_force

All assessments on real property and to the extent provided by the act of Congress of August 11, 1916, as amended to January 1, 2011, on entered and unentered public lands, are a lien against the property assessed from and after the day the real estate taxes become a lien. The assessments shall draw interest at the same rate and from the same date as unpaid real estate taxes, and such lien is not removed until the assessments are paid or the property sold for the payment of the assessments. The county treasurer shall collect the assessments in the same manner as other taxes against real estate are collected, and the revenue laws of the state for the collection of taxes and sale of land for such taxes apply to the collection of assessments under this chapter.

Source: SDC 1939, § 61.0911; SDCL § 46-15-33; SL 2011, ch 165, § 432.
S.D. Codified Laws § 46A-4-3.1 — SD Code / Title 46A / Chapter 4 / Section 46A-4-3.1
Petition--Signing by electors--Form--Affidavit of circulator
Status: in_force

Each elector signing a petition shall add to the elector's signature, in the elector's own handwriting, the elector's post office address, the legal description of sufficient land to qualify as an elector, and the date of signing. The petition may contain any number of pages, and each page shall have an identical heading. Any number of identical petition forms may be circulated as a part of the petition. Every page of a petition containing signatures shall have 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 the presence of the affiant; that the affiant believes that each of the signers is an owner or entryman of the land described opposite the signer's signature, to be included within the proposed district, and residing at the address written opposite the signer's name; and that affiant stated to every petitioner before the petitioner affixed his or her signature the legal effect and nature of the petition.

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

Source: SL 1984, ch 294, § 4; SL 2011, ch 165, § 332.
S.D. Codified Laws § 46-1-1 — SD Code / Title 46 / Chapter 1 / Section 46-1-1
Use of water of state--Paramount interest of people--Conversion to public use
Status: in_force

It is hereby declared that the people of the state have a paramount interest in the use of all the water of the state and that the state shall determine what water of the state, surface and underground, can be converted to public use or controlled for public protection.

Source: SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0101 (3).
S.D. Codified Laws § 46A-1-101 — SD Code / Title 46A / Chapter 1 / Section 46A-1-101
State brownfields revitalization and economic development program established--Subfunds created--Deposit and use of money
Status: in_force

The state brownfields revitalization and economic development program is hereby established. A brownfields revolving loan subfund and a brownfields assessment and cleanup subfund are created within the water and environment fund established pursuant to § 46A-1-60 . The subfunds shall be maintained separately; and all money for use in the program shall be deposited into the subfunds, including the nonadministrative portion of all federal brownfields revitalization program grants, all repayments of assistance awarded from the subfunds, interest on investments made on money in the subfunds, proceeds of discretionary bond issues allowed by § 46A-1-31 , and principal and interest on loans made from the subfunds. Money in the subfunds may be used only for purposes authorized under federal law. The subfunds may be pledged or assigned by the district to or in trust for the holders of the bonds of the district and may be transferred to and held by a trustee or trustees pursuant to § 46A-1-39 .

Source: SL 2004, ch 275, § 2.
S.D. Codified Laws § 46A-18-44 — SD Code / Title 46A / Chapter 18 / Section 46A-18-44
Publication of resolution--Notice of hearing--Apportionment of benefits
Status: in_force

The resolution, upon being adopted, shall be published once a week for three successive weeks in a legal newspaper of general circulation in each county in which land of the district is located. The publication shall state the time and place the directors shall meet for hearing all parties interested in the apportionment of benefits by reason of the improvement and the time and place such parties may appear or file written objections thereto. The directors shall hear and consider the testimony and make the apportionments just, according to benefits received from the improvement, accounting for work already accomplished.

Source: SL 1984, ch 293, § 43.
S.D. Codified Laws § 46-2-4 — SD Code / Title 46 / Chapter 2 / Section 46-2-4
Attorneys to advise board--Employment of other counsel
Status: in_force

The attorney general shall assign one or more attorneys to advise the Water Management Board on legal matters and perform any and all legal duties necessary in connection with the board's work. The board may also employ other legal counsel.

Source: SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0104; SL 1965, ch 299; SL 1983, ch 314, § 18.
S.D. Codified Laws § 46A-5-31 — SD Code / Title 46A / Chapter 5 / Section 46A-5-31
Contract to supply water to users for nonirrigation purposes--Authority of district to enter
Status: in_force

An irrigation district may enter into a contract to supply water to users for purposes other than irrigation if the contract does not compromise the ability of the electors to obtain the waters to which they are entitled. A contract executed pursuant to this section constitutes the entire obligation of any such user to the irrigation district.

Source: SL 1984, ch 294, § 36; SL 1995, ch 253, § 5.
S.D. Codified Laws § 46-5-36 — SD Code / Title 46 / Chapter 5 / Section 46-5-36
Abandonment of use of water appurtenant to land--Public water subject to general appropriation
Status: in_force

If the owner of the land to which water has become appurtenant abandons the use of such water upon such land, such water shall become public water, subject to general appropriation.

Source: SDC 1939, § 61.0141; SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0128.
S.D. Codified Laws § 46-1-9 — SD Code / Title 46 / Chapter 1 / Section 46-1-9
Vested rights defined
Status: in_force

The term, vested rights, used in this title means:

(1) The right of a riparian owner to continue to use water actually applied to any beneficial use on March 2, 1955, or within three years immediately before that date to the extent of the existing beneficial use made of the water;

(2) Use for domestic purposes as that term is defined in subdivision 46-1-6(7);

(3) The right of a riparian owner to take and use water for beneficial purposes if the riparian owner was engaged in the construction of works for the actual application of the water to a beneficial use on March 2, 1955, and if the works were completed and water was applied to use within a reasonable time thereafter;

(4) Rights granted before July 1, 1955, by court decree;

(5) Uses of water under diversions and applications of water before the passage of the 1907 water law and not subsequently abandoned or forfeited.

Source: SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0102 (7); SL 1983, ch 314, § 9; SL 2011, ch 165, § 255.
S.D. Codified Laws § 46A-4-71 — SD Code / Title 46A / Chapter 4 / Section 46A-4-71
Majority vote against exclusion, denial and dismissal of petition--Majority vote in favor of exclusion, order of board of directors excluding land from irrigation district, contents
Status: in_force

If at such election a majority of all the votes cast shall be against the exclusion of the lands from the district, the board of directors shall deny and dismiss such petition and proceed no further in the matter; but if a majority of such votes be in favor of the exclusion of the lands from the district, the board shall thereupon order that the lands mentioned in the resolution be excluded from the district. The order shall describe the boundaries of the district, should the exclusion of the lands from the district change the boundaries of the district, and for that purpose the board may cause a survey to be made of such portions of the boundaries as the board may deem necessary.

Source: SDC 1939, § 61.0836; SDCL, § 46-12-70.
S.D. Codified Laws § 46A-3E-2 — SD Code / Title 46A / Chapter 3E / Section 46A-3E-2
Special assessments--Petition required
Status: in_force

A water development district board of directors may make special assessments against real property specially benefited by a project, provided that the persons seeking the assessment present to the board a petition, in a form approved by the Board of Water and Natural Resources, and signed by sixty - six and two - thirds percent of the owners of real property to be assessed.

Source: SL 1984 (SS), ch 1, § 46; SL 2025, ch 186, § 53.
S.D. Codified Laws § 46A-10A-37 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-37
Amendment and repeal of drainage plan--Request by petition
Status: in_force

Regulations, restrictions, or enforcement provisions established in a drainage plan or part, adjunct, amendment, or addition thereto adopted by the board of county commissioners may from time to time be amended, supplemented, changed, modified, or repealed by action of the board of county commissioners as outlined in this chapter. Any amendment, supplement, change, modification, or repeal may be requested through a petition signed by thirty percent of the landowners in a drainage district or area requesting change.

Source: SL 1985, ch 362, § 37.
S.D. Codified Laws § 46A-14-73 — SD Code / Title 46A / Chapter 14 / Section 46A-14-73
Contracts between district and others--Purposes--Referendum by voters where contract will require increased taxes or assessments
Status: in_force

The managers may enter into contracts or other arrangements with any agency of the United States government; with persons, railroads, or other corporations; with public and municipal corporations and the state government of this state; or with drainage, soil and water conservation, conservancy, sewer, park, sanitary, reclamation, public power, public power and irrigation, watershed, or other improvement districts, in this or other states, for cooperation, or assistance in constructing, maintaining, using, and operating the works of the districts, the waters of the districts, 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 on the surveys and investigations. However no contract or agreement for purposes of implementing the general plan of improvements that will require the levy of increased taxes or assessments may be signed by the managers without submitting the increased taxes or assessments to the eligible voters of the watershed district for approval.

Source: SL 1957, ch 492, § 29; SL 1959, ch 452, § 23; SDC Supp 1960, § 61.1529; SDCL § 46-24-72; SL 2011, ch 165, § 533; SL 2013, ch 228, § 49.
S.D. Codified Laws § 46A-5-7 — SD Code / Title 46A / Chapter 5 / Section 46A-5-7
Construction of works for collection and distribution of water--Furnishing of water for irrigation
Status: in_force

The board of directors may also construct the necessary dams, reservoirs, pumping station, and works for the collection and distribution of water for the district and do any and every lawful act necessary to be done that sufficient water may be furnished to each tract of land in the district for irrigation purposes.

Source: SDC 1939, § 61.0810; SL 1953, ch 482; SDCL, § 46-13-7; SL 1976, ch 277, § 9.
S.D. Codified Laws § 46-2A-8.1 — SD Code / Title 46 / Chapter 2A / Section 46-2A-8.1
Reinstatement of permit after expiration of time for construction--Application--Priority
Status: in_force

The Water Management Board may reinstate any water permit with a priority date after March 31, 1977, if unappropriated water is available and construction necessary to put water to beneficial use was not completed pursuant to § 46-2A-8 or 46-5-26 . Any application under this section shall be made within three years of the expiration of the original construction period pursuant to chapter 46-2A . The priority date for the application to reinstate a permit shall be the date the application to reinstate is filed.

Source: SL 1985, ch 345, § 3; SL 1996, ch 263, § 1.
S.D. Codified Laws § 46-6-12 — SD Code / Title 46 / Chapter 6 / Section 46-6-12
Inspection of wells by chief engineer or state geologist
Status: in_force

The chief engineer or the state geologist may inspect wells for the purpose of making electric or radioactivity logs, caliper, leakage, and other surveys that pertain to the condition of the wells.

Source: SL 1955, ch 431, § 1; SDC Supp 1960, § 61.0406; SL 1983, ch 314, § 101.
S.D. Codified Laws § 46-8-1.2 — SD Code / Title 46 / Chapter 8 / Section 46-8-1.2
Location of routes restricted
Status: in_force

No routes acquired under the provisions of this chapter may be located within two hundred fifty feet of a dwelling house or other buildings on the premises or across any noncommercial orchard or garden without written consent of the owner. This section does not apply to works located in public rights-of-way or to water distribution systems as defined in § 46-1-6 .

Source: SL 1983, ch 314, § 134; SL 2006, ch 225, § 1.
S.D. Codified Laws § 46A-10A-7.1 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-7.1
Maintenance of correspondence file--Correspondence marked with date of receipt--Term of retention
Status: in_force

Any member of a board or a county drainage commission, if established, shall maintain a file containing a copy of any written correspondence relating to drainage control, including any complaint, request for information or request for assistance, received by such board or commission member. Any correspondence shall be clearly marked with the date of receipt and shall be retained for a minimum period of two years.

Source: SL 1987, ch 337.
S.D. Codified Laws § 46A-5-16 — SD Code / Title 46A / Chapter 5 / Section 46A-5-16
Contracts for material--Lowest responsible bidder--Security for bid, amount, forfeiture
Status: in_force

Contracts for the purchase of material shall be awarded to the lowest responsible bidder. Bidders may be required to put up a certified check in the sum of five percent of the bid, to be forfeited to the district in the event that the bidder does not execute the contract if awarded to him.

Source: SDC 1939, § 61.0919; SDCL, § 46-13-16.
S.D. Codified Laws § 46A-4-33 — SD Code / Title 46A / Chapter 4 / Section 46A-4-33
Precinct election officers--Appointment by board of directors or electors
Status: in_force

Before the time for posting the notices, the board of directors shall appoint from each precinct participating in the election from the electors of the precinct, one clerk and two judges, who shall constitute a board of election for the precinct, in any election not conducted under a district system of voting by mail. If the board fails to appoint a board of election or the members appointed do not attend at the opening of the polls on the morning of election, the electors of the precinct present at the hour may appoint the board or supply the place of an absent member of the board of election. The board of directors shall, in its order appointing the board of election, designate the hour and place in the precinct where the election will be held.

Source: SDC 1939, § 61.0805; SL 1947, ch 417, § 3; SDCL § 46-12-31; SL 2011, ch 165, § 340.
S.D. Codified Laws § 46A-18-9 — SD Code / Title 46A / Chapter 18 / Section 46A-18-9
Election of directors--Procedure--Terms
Status: in_force

In the petition, whether the directors are to be elected at large or by division, the directors named shall be divided into three groups, to be designated Group 1, Group 2, and Group 3, respectively. The members of Group 1 shall hold office until their successors, elected at the first regular district election thereafter, shall be qualified. The members of Group 2 shall hold office until their successors, elected at the second regular district election thereafter, shall be qualified. The members of Group 3 shall hold office until their successors, elected at the third regular district election thereafter, shall be qualified. Thereafter, all directors elected shall serve for a term of three years and until their successors are elected and qualified. After the name of each director shall be stated which of the three groups he belongs to.

Source: SL 1984, ch 293, § 8.
S.D. Codified Laws § 46A-4-15 — SD Code / Title 46A / Chapter 4 / Section 46A-4-15
Notice of election on proposed district--Date of election--Contents of notice--Publication--Ballot form
Status: in_force

The Board of Water and Natural Resources shall then give notice of an election for the purpose of determining if the proposed district shall be organized under the provisions of this chapter. The election shall be conducted as provided in §§ 6-16-4 to 6-16-6 , inclusive.

Source: SDC 1939, § 61.0802; SL 1947, ch 417, § 2; SDCL, § 46-12-15; SL 1972, ch 239, § 2; SL 1978, ch 326, § 1; SL 1984, ch 294, § 15; SL 1998, ch 36, § 51.
S.D. Codified Laws § 46A-3B-7 — SD Code / Title 46A / Chapter 3B / Section 46A-3B-7
Notices of elections
Status: in_force

A water development district, or the Board of Water and Natural Resources in the case of an initial election, shall publish a notice setting forth vacancies that will occur upon the completion of board member terms. The notice must:

(1) Be published once per week for two consecutive weeks;

(2) Be published in the official newspaper of the district;

(3) Be published no less than ten nor more than twenty days before the deadline for the filing of director petitions; and

(4) State the time and place where nominating petitions may be filed for director vacancies.

Source: SL 1984 (SS), ch 1, § 21; SL 2025, ch 186, § 27.
S.D. Codified Laws § 46-2A-7 — SD Code / Title 46 / Chapter 2A / Section 46-2A-7
Approval or disapproval of permit, license, or amendment--Applications for groundwater source determined to be fully appropriated
Status: in_force

If the Water Management Board determines, based upon the evidence presented at the hearing, that the applicable requirements for the permit, license, or amendment have been met, it shall approve the permit, license, or amendment. If the board determines that the requirements have not been met or that the evidence is insufficient to support a determination, it shall disapprove the application or defer it for further study. The chief engineer shall hold an application submitted on or after July 1, 2014, to appropriate water from a groundwater source determined to be fully appropriated by the board pursuant to § 46-6-3.1 only as provided in §§ 46-2A-7.1 to 46-2A-7.7 , inclusive.

Source: SL 1983, ch 316, § 13; SL 2014, ch 214, § 1.
S.D. Codified Laws § 46A-4-20 — SD Code / Title 46A / Chapter 4 / Section 46A-4-20
Resolution declaring district organized--Filing for record
Status: in_force

The Board of Water and Natural Resources shall file a copy of the resolution immediately for record in the office of the register of deeds of each county in which any of the land is situated. The board shall also immediately forward a copy of the resolution to the county auditor of each of the counties in which any portion of the district may lie.

Source: SDC 1939, § 61.0803; SDCL, § 46-12-20; SL 1984, ch 294, § 19.
S.D. Codified Laws § 46A-10A-64 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-64
Assistance by department--Reimbursement of expenses
Status: in_force

If so requested, the Department of Agriculture and Natural Resources may render such assistance and advice to the board in regard to the project as the assigned duties of the department will permit. The department shall be reimbursed by the board for any expenses incident to the advice and assistance.

Source: SL 1985, ch 362, § 65; SL 2011, ch 165, § 499; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 46-6-3.1 — SD Code / Title 46 / Chapter 6 / Section 46-6-3.1
Annual withdrawal of groundwater not to exceed recharge--Exception for water distribution systems
Status: in_force

No application to appropriate groundwater may be approved if, according to the best information reasonably available, it is probable that the quantity of water withdrawn annually from a groundwater source will exceed the quantity of the average estimated annual recharge of water to the groundwater source. An application may be approved, however, for withdrawals of groundwater from any groundwater formation older than or stratigraphically lower than the greenhorn formation in excess of the average estimated annual recharge for use by water distribution systems.

Source: SL 1978, ch 323, § 2; SL 1983, ch 314, § 93.
S.D. Codified Laws § 46-5-33 — SD Code / Title 46 / Chapter 5 / Section 46-5-33
Irrigation application, permit, or right not assignable apart from land
Status: in_force

No application, permit, or right to appropriate water for irrigation purposes may be assigned, nor may the ownership of an application, permit, or right in any manner be transferred, apart from the land to which it is appurtenant, except in the manner provided by law. A transfer of title to land shall carry with it all rights to the use of water appurtenant to the land for irrigation purposes.

Source: SDC 1939, § 61.0134; SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0127; SL 1983, ch 314, § 63; SL 2008, ch 230, § 3.
S.D. Codified Laws § 46-5-4 — SD Code / Title 46 / Chapter 5 / Section 46-5-4
Priority of appropriative rights granted since March 7, 1907
Status: in_force

Appropriative rights to water granted since March 7, 1907, are in full force and effect and their respective priority dates retained according to valid legal records.

Source: SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0108; SL 1983, ch 314, § 41.
S.D. Codified Laws § 46A-14-64 — SD Code / Title 46A / Chapter 14 / Section 46A-14-64
Long-term financing arrangement authorized by voters--Notice to landowners--Suit to set aside--Collection
Status: in_force

If a bond issue or other authorized long-term financing arrangement is authorized by the voters of the district, the managers shall immediately cause a written notice to be mailed to the owner or owners of each tract of land assessed of the amount of the assessment. The notice shall state that if the amount is not paid in full within thirty days after the date of the notice, bonds will be issued or payment contracts negotiated and that an assessment will be levied annually against the tract of ground for a period of not to exceed fifty years in an amount sufficient to pay the total assessment plus the interest due on the bonds. No suit to set aside the assessment may be brought after the expiration of thirty days from the date of the notice. The amount levied against each tract of land to pay for the bonds, or contract commitments, falling due each year and the interest on the bonds or contract commitments, shall be levied, certified to the proper county auditor, and collected the same as other taxes.

Source: SL 1957, ch 492, § 25; SDC Supp 1960, § 61.1525; SL 1961, ch 458; SDCL § 46-24-63; SL 2011, ch 165, § 530.
S.D. Codified Laws § 46A-1-44 — SD Code / Title 46A / Chapter 1 / Section 46A-1-44
Validity of bonds not dependent upon signing officers remaining in office or regularity of proceedings
Status: in_force

The bonds bearing the signatures of officers of the district in office on the date of the signing of the bonds are valid and binding obligations, notwithstanding that before the delivery of and payment for the bonds any person whose signature appears on the bonds may have ceased to be an officer. The validity of the bonds is not dependent on nor affected by the validity or regularity of any proceedings to acquire any project financed by the bonds, or to refund outstanding bonds, or taken in connection with the bonds.

Source: SL 1972, ch 241, § 43; SDCL Supp, § 46-17A-42; SL 2011, ch 165, § 302.
S.D. Codified Laws § 46A-1-3 — SD Code / Title 46A / Chapter 1 / Section 46A-1-3
Definition of terms
Status: in_force

Terms as used in this chapter, unless the context otherwise requires, shall mean:

(1) "Basis point," one hundredth of one percent of interest;

(2) "Board," the Board of Water and Natural Resources created by § 1-41-11 ;

(3) "District," the South Dakota Conservancy District;

(4) "Facilities" or "state water facilities," all water facilities included or being studied or recommended for inclusion within the comprehensive statewide water plan or state water resources management system;

(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) "Free flowing," as applied to any river, existing or flowing in a natural condition without impoundment, diversion, straightening, rip - rapping, or other modification of the waterway;

(7) "Fund," the South Dakota water and environment fund;

(8) "Person," a person as that term is defined in subdivision 46A-2-4 (6);

(9) "Plan" or "water plan" or "statewide water plan" or "comprehensive statewide water plan," plans developed or to be developed by the South Dakota Conservancy District as provided by this chapter;

(10) "Project," a water resources project as that term is defined in subdivision 46A-2-4 (14);

(11) "Public entity," a public entity as that term is defined in subdivision 46A-2-4 (7);

(12) "Recreational river areas," those rivers or sections of rivers that are readily accessible by road, that may have some development along their shorelines and that may have undergone some impoundment or diversion in the past, and the public areas adjacent to the rivers or sections of rivers;

(13) "Regulated public water utility," a public entity or person with which the district has entered into a financing arrangement pursuant to § 46A-1-18 or a financing agreement pursuant to § 46A-1-49 , with respect to a project;

(14) "River," a flowing body of water or estuary or a section, portion, or tributary thereof, including rivers, streams, creeks, runs, and small lakes, provided that no flowing body of water shall be considered a "wild, scenic, or recreational river" unless it has a sufficient quantity of water to support a year - round game fish population;

(15) "Scenic river areas," those rivers or sections of rivers that are free of impoundments, with shorelines or watersheds still largely primitive but which are accessible in places by roads, and the public use and access areas adjacent to the rivers or sections of rivers;

(16) "System" or "state water resources management system," those parts of the statewide water plan established by the Legislature as a needed objective for water resources management in South Dakota and for which the Legislature may authorize construction and financing in whole or in part;

(17) "Wild river area," those rivers or sections of rivers that are free of impoundments and generally inaccessible except by trail, with watersheds or shorelines essentially primitive and with waters which are unpolluted, and the public use and access areas adjacent to the rivers or sections of rivers.

Source: SL 1972, ch 241, § 5; SL 1976, ch 282, § 2; SL 1979, ch 301, § 2; SL 1981 (2d SS), ch 1, § 6; SDCL Supp, § 46-17A-3; SL 1983, ch 321, § 3; SL 1992, ch 254, § 8; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
S.D. Codified Laws § 46A-2-31 — SD Code / Title 46A / Chapter 2 / Section 46A-2-31
Contracts with United States for marketing federal water service--State interests not prejudiced--Purpose--Recommendation to Legislature
Status: in_force

The district, upon recommendation by the Board of Water and Natural Resources and approval of the Governor, may enter into contracts with the United States for the marketing of water service from federal projects. No such contract entered into by the state may prejudice state interests and rights to water resources within the boundaries of the state pursuant to state and federal statutes. Such contracts shall be for the express purpose of compensating the United States for the storage facilities provided by federal water projects. Before the implementation the contracts shall be recommended to the Legislature for inclusion in the state water resources management system pursuant to chapter 46A-1 .

Source: SL 1977, ch 371, § 2; SDCL Supp, § 46-17A-22.4 ; SL 1984, ch 12, § 72; SL 2011, ch 165, § 321.
S.D. Codified Laws § 46A-10B-30 — SD Code / Title 46A / Chapter 10B / Section 46A-10B-30
Drainage report and construction plans--Requirements for subdivision approval
Status: in_force

Prior to the final approval of the plat of any subdivision, the owners of the property being subdivided shall at the owners' cost prepare a detailed drainage report and construction plans for the installation of all stormwater facilities required for the subdivision, including any off - site facilities required to convey stormwater to existing drains, channels, streams, detention ponds, or other points, all in conformity with the master drainage plan of the district and the design criteria and construction standards adopted by the governing body and the board. The governing body shall review the reports, plans, and cost estimates. The governing body may approve the plat of the subdivision if the governing body has been furnished with acceptable assurance that the facilities will be constructed and installed as indicated and approved.

Source: SL 1989, ch 388, § 36.
S.D. Codified Laws § 46A-4-22 — SD Code / Title 46A / Chapter 4 / Section 46A-4-22
Unentered public lands a major portion of district--Appointment of majority of directors by secretary of interior--Term of office
Status: in_force

If the majority of the lands within the district are unentered public lands, a majority of the board of directors shall be appointed by the secretary of the interior. The directors shall be residents of the state and are subject to removal from office, and any vacancy shall be filled by the secretary of the interior. The directors shall hold office until the unentered public lands within the district constitute a minority of the total area, after which a general election shall be called by the board of directors, when their successors shall be elected.

Source: SDC 1939, § 61.0803; SDCL § 46-12-22; SL 2011, ch 165, § 337.
S.D. Codified Laws § 46A-9-37 — SD Code / Title 46A / Chapter 9 / Section 46A-9-37
Bylaws and procedures--Adoption by board of directors--Minutes of meetings--Records of account, kept at principal place of business, open to public inspection
Status: in_force

The board of directors may by resolution adopt bylaws and procedures, not inconsistent with the provisions of this chapter, for the conduct of the business and affairs of the water user district. The board of directors shall cause to be kept accurate minutes of its meetings and accurate records and books of account, conforming to approved methods of bookkeeping, clearly setting out and reflecting the entire operation, management, and business of the district. The books and records shall be kept at the principal place of business of the district and at reasonable business hours always open to public inspection.

Source: SL 1939, ch 291, § 6; SDC Supp 1960, § 61.1306; SDCL, § 46-16-37; SL 1993, ch 256, § 83.
S.D. Codified Laws § 46A-18-43 — SD Code / Title 46A / Chapter 18 / Section 46A-18-43
Financing determined in resolution
Status: in_force

The directors shall determine in the resolution whether to issue bonds of the district or other authorized financing to provide for payment of the cost of the project by installments.

Source: SL 1984, ch 293, § 42.
S.D. Codified Laws § 46A-4-34 — SD Code / Title 46A / Chapter 4 / Section 46A-4-34
Chair of election board--Oaths
Status: in_force

One of the judges shall be chair of the election board and may administer all oaths required in the progress of an election. The chair may appoint judges and clerks, if during the progress of the election any judge or clerk ceases to act. Any member of the board of election, or any clerk of the board of election, may administer and certify oaths required to be administered during the progress of an election.

Source: SDC 1939, § 61.0806; SDCL § 46-12-32; SL 2011, ch 165, § 341.
S.D. Codified Laws § 46A-4-17 — SD Code / Title 46A / Chapter 4 / Section 46A-4-17
Persons qualified to vote at elections
Status: in_force

No person may vote at any election held under the provisions of this chapter unless the person is a qualified elector as provided in § 46A-4-2 .

Source: SDC 1939, § 61.0802; SL 1947, ch 417, § 2; SDCL § 46-12-17; SL 2011, ch 165, § 336.
S.D. Codified Laws § 46A-3D-10 — SD Code / Title 46A / Chapter 3D / Section 46A-3D-10
Acceptance of gifts, grants, and donations
Status: in_force

A water development district board of directors may accept gifts, grants, and donations, or other assistance, from public or private sources for the purposes of chapters 46A-3A to 46A-3E , inclusive.

Source: SL 1984 (SS), ch 1, § 42; SL 2025, ch 186, § 48.
S.D. Codified Laws § 46-5-25 — SD Code / Title 46 / Chapter 5 / Section 46-5-25
Diligent prosecution of construction work--Forfeiture of rights--Extension
Status: in_force

The work of construction shall be diligently prosecuted to completion. If one-fifth of the work is not completed within one-half the time allowed, as determined by the Water Management Board, the board may accept and approve an application for the use of any of the waters included in the permit issued to the prior applicant, and the right to use the waters under the former permit are forfeited. However, the Water Management Board shall allow an extension of time at the request of the prior applicant, equal to the time during which work was prevented by the operation of law beyond the power of the applicant to avoid. This section does not apply to permits or licenses issued under § 46-5-8.1 .

Source: SDC 1939, § 61.0127; SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0115; SL 1981 (2d SS), ch 1, § 15; SL 2011, ch 165, § 268.
S.D. Codified Laws § 46-6-10 — SD Code / Title 46 / Chapter 6 / Section 46-6-10
Wells to be constructed so as to prevent waste--Methods of construction, specification by board
Status: in_force

The Water Management Board shall require every well to be so constructed and finished as to prevent waste of its waters or underground leakage of these waters into other reservoirs. To this end it may specify methods of construction, kinds, size, and number of casings used, valves or other control devices to regulate artesian flow, and any other device or construction which may be necessary to prevent waste through faulty construction or through corrosion.

Source: SDC 1939, § 61.0404; SL 1955, ch 431, § 1; SDC Supp 1960, § 61.0409.
S.D. Codified Laws § 46A-10A-17 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-17
Purposes of drainage plan
Status: in_force

A drainage plan shall be for the purpose of enhancing and promoting physical, economic, and environmental management of the county; protecting the tax base; encouraging land utilization that will facilitate economical and adequate productivity of all types of land; lessening governmental expenditure; and conserving and developing natural resources. The plan may incorporate appropriate contingencies for the protection of private cropland and pasture.

Source: SL 1985, ch 362, § 17; SL 2001, ch 244, § 1.
S.D. Codified Laws § 46A-9-14 — SD Code / Title 46A / Chapter 9 / Section 46A-9-14
Protest against organization of district--Right to file with Board of Water and Natural Resources--Determination of validity by board
Status: in_force

Any owner or entryman of land within the proposed water user district who did not sign the petition may file with the Board of Water and Natural Resources a written protest against the qualifications of any signer of the petition, and it shall be the duty of the board to consider and determine the validity of such protests.

Source: SL 1939, ch 291, § 4; SL 1943, ch 310; SDC Supp 1960, § 61.1304 (1); SDCL, § 46-16-14.
S.D. Codified Laws § 46A-16-5 — SD Code / Title 46A / Chapter 16 / Section 46A-16-5
Hearings on desirable water level and plan of regulation--Orders
Status: in_force

The South Dakota-Minnesota Boundary Waters Commission may hold hearings and take evidence that is presented, either after complaint or upon its own initiative, as to the desirability of any water level and plan of regulation and may make orders concerning the water level and plan of regulation as in the opinion of the commission are for the best interests of the public.

Source: SL 1939, ch 294, § 2; SDC Supp 1960, § 55.5302 (4); SDCL § 46-29-4; SL 2011, ch 165, § 538.
S.D. Codified Laws § 46A-1-72 — SD Code / Title 46A / Chapter 1 / Section 46A-1-72
Pipeline or aqueduct construction authorized--Use of water
Status: in_force

Construction of a pipeline or aqueduct from a mainstream Missouri reservoir, the Missouri River itself, or adjacent aquifers to one or more communities in South Dakota is hereby authorized for a main delivery pipeline capable of delivering water sufficient to supply or supplement the needs of the communities and other private or commercial users purchasing water from the communities.

Source: SL 1981 (2d SS), ch 2, § 2; SDCL Supp, § 46-17A-3.5; SL 2004, ch 274, § 1.
S.D. Codified Laws § 46A-1-10 — SD Code / Title 46A / Chapter 1 / Section 46A-1-10
Recommendations to Governor and Legislature as to facilities needed in water resources management system
Status: in_force

Upon submission of the statewide water plan to the Governor and the Legislature by the Board of Water and Natural Resources, or prior or subsequent thereto as conditions may warrant, the board shall recommend to the Governor and the Legislature those portions of the statewide water plan, including a list of proposed wild, scenic, or recreational rivers, considered to be necessary for the needs and general welfare of the people of the State of South Dakota with a request that the Legislature establish such recommended water facilities as the State Water Resources Management System, said system to serve as the preferred, priority objectives and guidelines for all efforts to accomplish optimum water resources management in this state. No project in the State Water Resources Management System may also be in the state water facilities plan.

Source: SL 1972, ch 241, § 16; SDCL Supp, § 46-17A-15 ; SL 1986, ch 291, § 1A.
S.D. Codified Laws § 46A-4-27.1 — SD Code / Title 46A / Chapter 4 / Section 46A-4-27.1
Transmittal of election results
Status: in_force

The results of the election for the organization of the district shall be transmitted to the Board of Water and Natural Resources.

Source: SL 1984, ch 294, § 24; SL 1986, ch 376, § 3; SL 1998, ch 36, § 56.
S.D. Codified Laws § 46A-11-11 — SD Code / Title 46A / Chapter 11 / Section 46A-11-11
Agreement of contractors to take assessment certificates or warrants for services--Assessment for entire balance of cost of construction--Lien of assessment--Enforcement--Sale of assessment certificates, purpose
Status: in_force

If project contractors agree to take assessment certificates or warrants for their services, assessments need not be made until the completion of the work. At that time an assessment shall be made for the entire balance of cost of construction, including services of the board, surveyors and assistants, plans and profiles, publication and filing, other fees, interest on bonds, and all expenses that contribute to establishment and construction of the project. Notice of the assessment shall be given by the board in the same manner as required for any other assessment under this chapter. Such assessment and any certificates issued thereon shall provide perpetual liens upon tracts assessed, shall be interest - bearing, and shall be enforceable in the same manner as any other assessment and certificates. The board may sell such assessment certificates at not less than par value to raise funds to defray the cost of project establishment and construction.

Source: SDC 1939, § 61.1011; SL 1985, ch 362, § 108.
S.D. Codified Laws § 46A-1-33 — SD Code / Title 46A / Chapter 1 / Section 46A-1-33
Pledge of revenues to secure payment of bonds
Status: in_force

In connection with the issuance of any bonds under this chapter, and in order to secure the payment of any such bonds and the interest thereon, the district shall have the power to provide that bonds issued under this chapter, subject only to the prior payment of the operation and maintenance expenses of any project, shall be payable from and secured by a pledge of and lien on all or any part of the income and revenues derived from, and to pledge and assign to, or in trust for the benefit of, the holder or holders of bonds issued under this chapter all or any part of the income and revenues derived from:

(1) Fees, rentals, and other charges as may be established by the district from persons using or being served by, or having the right to use or the right to be served by, or to operate, any project; and

(2) Rentals from any facility or building leased to the United States of America;

(3) Payments or obligations of any public entity or person pursuant to a financing agreement authorized by § 46A-1-49 .

Source: SL 1972, ch 241, § 34; SL 1980, ch 310, § 8; SDCL Supp, § 46-17A-33.
S.D. Codified Laws § 46-2-5 — SD Code / Title 46 / Chapter 2 / Section 46-2-5
Rules to establish procedures and practices of board
Status: in_force

The Water Management Board may promulgate rules pursuant to chapter 1-26 to:

(1) Establish procedures for submitting applications;

(2) Establish procedures and criteria for issuing, amending, renewing, qualifying, inspecting, reinstating, suspending, and cancelling permits, rights, and licenses;

(3) Establish procedures and criteria for regulating water uses;

(4) Establish practice requirements and procedures for issuing declaratory rulings and conducting contested cases; and

(5) Establish procedures for determining ordinary high and low water marks and outlet elevations.

Source: SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0103; SL 1983, ch 314, § 19; SL 1990, ch 356, § 1.
S.D. Codified Laws § 46A-10A-39 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-39
Hearing on petition--Commission recommendation to board
Status: in_force

Following receipt of any petition as provided in § 46A-10A-37 or 46A-10A-38 , the board or commission shall hold a public hearing, subject to the requirements of § 46A-10A-22 , and take action upon the petition, within forty - five days of receipt by a board or commission of any such petition. If a commission holds a hearing to consider the petition, it shall make a recommendation to the board.

Source: SL 1985, ch 362, § 39.
S.D. Codified Laws § 46A-1-81 — SD Code / Title 46A / Chapter 1 / Section 46A-1-81
Amount of funds required for dredge maintenance and repair and other expenses
Status: in_force

The Board of Water and Natural Resources, in any contract with the local project sponsor of a dredging project, may establish the amount of funds required for dredge maintenance and repair and other expenses associated with the project, pursuant to section 1A of chapter 369 of the 1986 Session Laws.

Source: SL 1987, ch 331, § 2.
S.D. Codified Laws § 46A-5-8 — SD Code / Title 46A / Chapter 5 / Section 46A-5-8
Right-of-way for laterals--Duties of board of directors--Eminent domain
Status: in_force

The board of directors shall make all necessary arrangements for right - of - way for laterals from the main canal to each tract of land subject to assessment, and if necessary the board shall exercise its right of eminent domain to procure right - of - way for laterals. This section does not deprive any person entitled thereto from exercising the right of eminent domain.

Source: SDC 1939, § 61.0809; SDCL, § 46-13-8; SL 1993, ch 256, § 74.
S.D. Codified Laws § 46A-10A-91 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-91
Drain or watercourse constructed to prevent entry of water as nuisance--Exception
Status: in_force

Any ditch, drain, or watercourse constructed to prevent surface and overflow water from adjacent land from entering it is hereby declared a nuisance and may be abated as such unless such action was taken in accordance with the provisions of this chapter and chapter 46A-11 and the principles outlined in § 46A-10A-20 .

Source: SL 1985, ch 362, § 92.
S.D. Codified Laws § 46A-10A-41 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-41
Drainage plan or official controls for municipality--Approval or contract by municipality required for effectiveness
Status: in_force

The governing body of any municipality may request a county board or drainage commission to submit to the governing body a drainage plan for the municipality setting forth such provisions as the board or drainage commission deems applicable to the municipality for its best interests or to prepare official controls to apply to the area within the municipality. Adoption of a drainage plan and recommendations for the municipality notwithstanding, the plan and recommendations may not become binding within the boundaries of the municipality until official controls are adopted by the municipality in accordance with the plan, unless the board or commission has entered into a contract under § 46A-10A-12 .

Source: SL 1985, ch 362, § 41.
S.D. Codified Laws § 46A-14-31 — SD Code / Title 46A / Chapter 14 / Section 46A-14-31
Annexation of additional areas to watershed district--Procedure
Status: in_force

A watershed district may annex additional areas, if the additional areas constitute a watershed as specified for a watershed district in § 46A-14-6 . The annexation shall be accomplished by either:

(1) An initiating petition for the annexation by the eligible voters in the new area and in the existing watershed district, similar to the initiating petition specified in §§ 46A-14-5 and 46A-14-8 ; or

(2) An initiating petition by the eligible voters in the new area and a resolution by the managers of the watershed district.

Upon receipt of the initiating petition and the resolution by the managers, the appropriate conservation district supervisors shall proceed with the annexation in the same manner as prescribed for creation of a new watershed district.

Source: SL 1959, ch 452, § 11; SDC Supp 1960, § 61.1513 (4); SDCL § 46-24-31; SL 2011, ch 165, § 523; SL 2013, ch 228, § 25.
S.D. Codified Laws § 46A-10B-21 — SD Code / Title 46A / Chapter 10B / Section 46A-10B-21
Payment of development fee as condition for development--Purpose and amount of fee
Status: in_force

In the case of a lot or parcel of land upon which a building has not been erected, the governing body may require the payment of a stormwater basin development fee as a condition for the development of the property. The stormwater basin development fee is payable prior to the approval of the final plat of the subdivision or, in the case of unplatted property, prior to the issuance of a building permit. The fee is intended to pay for the design, right - of - way acquisition, and construction or reconstruction of stormwater facilities needed to protect the health, safety, and welfare of the inhabitants of the various basins. The stormwater basin development fee shall be paid by the developer and shall be based upon the cost of necessary facilities to be constructed, the area of each parcel of land, the runoff characteristics of the parcel and the amount of on - site stormwater detention, if any, provided. The governing body shall determine the rates that apply to each parcel of land within the guidelines established by ordinance pursuant to § 46A-10B-20 , but the stormwater basin development fee for any parcel of land within the district may be no less than one hundred dollars and no more than eight hundred dollars per subdivided lot. The eight hundred dollar limit does not apply to nonresidential developments.

Source: SL 1989, ch 388, § 27; SL 1990, ch 364, § 2.
S.D. Codified Laws § 46A-13-3 — SD Code / Title 46A / Chapter 13 / Section 46A-13-3
Powers of interstate drainage district--Public corporation--Suits by and against district
Status: in_force

Such drainage district shall be and become a public corporation under the laws of this state and may sue and be sued and have and exercise the powers conferred by this chapter or any other provision of the laws of this state relating to drainage districts.

Source: SDC 1939, § 61.1101; SL 1964, ch 222, § 1; SDCL, § 46-23-3.
S.D. Codified Laws § 46A-11A-2 — SD Code / Title 46A / Chapter 11A / Section 46A-11A-2
Staff services provided by Department of Agriculture and Natural Resources
Status: in_force

All staff services required by the drainage mediation program shall be provided by the Department of Agriculture and Natural Resources. The secretary of agriculture and natural resources may employ agents and employees as the secretary deems necessary. The mediation services shall be administered under the direction and supervision of the Department of Agriculture and Natural Resources. All expenses incurred in carrying on the work of the drainage mediation program, including the per diem and expenses of the staff, salaries, contract payments, department notice requirements, and any other items of expense shall be paid out of funds appropriated or otherwise made available to the farm mediation operating fund.

Source: SL 2015, ch 226, § 2; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 46A-14-67 — SD Code / Title 46A / Chapter 14 / Section 46A-14-67
Annual operation and maintenance budget, provisions--Reserve fund
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 managers whenever, in their judgment, extraordinary operation or maintenance of the project works is necessary.

Source: SL 1957, ch 492, § 27; SL 1959, ch 452, § 21; SDC Supp 1960, § 61.1527; SDCL, § 46-24-66.
S.D. Codified Laws § 46A-10B-22 — SD Code / Title 46A / Chapter 10B / Section 46A-10B-22
Imposition of stormwater utility fee--Purpose, amount and separate components of fee
Status: in_force

The governing body may impose on each parcel of land or developed lot within the district a stormwater utility fee. This fee is intended to pay for the planning, operation, maintenance, administration, and routine functions of the existing stormwater facilities within the district and the planning, operation, maintenance, and administration of future stormwater facilities that may be established within the district and to pay for the design, right - of - way acquisition, and construction or reconstruction of stormwater facilities and to capitalize a revolving loan fund to be used for authorized functions of the district. The stormwater utility fee may be separated into a revolving loan component, a capital improvements component, and an operation and maintenance component and shall be based upon the area of each lot or parcel of land, the runoff characteristics of the lot or parcel, and the basin in which the lot or parcel is located. The governing body shall determine the rates that apply to each specific lot or parcel of land within the guidelines established by ordinance pursuant to § 46A-10B-20 . For any residential lot or parcel of real property within the district, the capital improvements component of the stormwater utility fee may be no less than fifty cents per month and no more than two dollars per month, and the operation and maintenance component of the stormwater utility fee may be no more than one dollar per month. The revolving loan component may be collected in advance for planning purposes over the entire district. However, the fee imposed pursuant to this section on any residential lot or parcel of real property may not exceed three dollars per month.

Source: SL 1989, ch 388, § 28; SL 1990, ch 364, § 3; SL 1991, ch 375, § 7; SL 1992, ch 320, § 1.
S.D. Codified Laws § 46A-6-41.1 — SD Code / Title 46A / Chapter 6 / Section 46A-6-41.1
Borrowing funds from conservancy district--Pledge of district credit
Status: in_force

The provisions of § 46A-6-41 notwithstanding, the board of directors of any irrigation district may borrow funds from the conservancy district as set forth in § 46A-1-64 if the funds are used for study, planning, design, or engineering purposes. The board may pledge the credit of the district to repay the funds.

Source: SL 1984, ch 294, § 37.
S.D. Codified Laws § 46A-3B-8 — SD Code / Title 46A / Chapter 3B / Section 46A-3B-8
Certification of election
Status: in_force

The respective county auditors shall transmit the results of the election for water development district directors to the secretary of state. If only one nominating petition for a water development district director office has been filed, the secretary of state shall issue a certificate of election to the nominee. In the case of an initial election, the Board of Water and Natural Resources shall certify the names of all nominees to the secretary of state and the secretary of state shall issue a certificate of election to each successful candidate.

Source: SL 1984 (SS), ch 1, § 22; SL 1989, ch 386, § 4; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 2025, ch 186, § 28.
S.D. Codified Laws § 46-2A-12 — SD Code / Title 46 / Chapter 2A / Section 46-2A-12
Amendment of permit or license--When granted
Status: in_force

An amendment of an existing permit or license may be granted for a change in use, a change in point of diversion or other change only if the change does not unlawfully impair existing rights and is for a beneficial use and in the public interest.

Source: SL 1983, ch 316, § 21.
S.D. Codified Laws § 46A-10A-43.4 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-43.4
Opportunity to appear at hearing--When granted--Resolution by board as to maintenance of drain
Status: in_force

At a hearing held pursuant to the provisions of §§ 46A-10A-43.1 to 46A-10A-43.4 , inclusive, any interested person may appear in regard to any matter in the petition. After the board has heard and considered the petition, it shall grant the petition if it complies with the provisions of §§ 46A-10A-43.1 and 46A-10A-43.2 . The board shall by resolution provide for the maintenance, improvement, and repair of the drain as provided in § 46A-10A-80 , shall give the drain a name and shall file a certified copy of the resolution in the office of the register of deeds.

Source: SL 1988, ch 366, § 4.
S.D. Codified Laws § 46A-14-1 — SD Code / Title 46A / Chapter 14 / Section 46A-14-1
Purpose of chapter--Construction and administration
Status: in_force

In order to carry out conservation of the natural resources of the state through land utilization, flood control, and other needs, upon sound scientific principles, for the protection of the public health and welfare and the provident use of the natural resources, the creation of a public corporation as an agency of the state for the aforesaid purposes is herein provided. This chapter shall be construed and administered so as to make effective the following state policy:

(1) The general welfare of the people of South Dakota requires that the land and water resources of the state be conserved and put to optimum beneficial use.

(2) Worthwhile land and water resource developments by the people and organizations in the state are to be encouraged in every way possible by state government and state government shall control, coordinate, and regulate the interrelationship of, and interdependence of, land and water resource projects in order to assure and maintain maximum benefits to the people of the state.

(3) To this end, construction of land and water resource projects in the state shall receive the review, approval, and assistance of the administering agency of state government to the extent that proposed project works are complementary with other existing and proposed developments.

(4) To this end, also, land and water resource development project proposals shall include adequate attention to continuous maintenance in order to assure that the works constructed shall continue to provide the service for which they were built and sponsors of such projects and responsible administrators of state government shall perform their duties in such a manner as to assure the benefits that accrue to the people directly affected by land and water developments are maintained and do not become a menace to or produce damage to the property of others.

Source: SL 1957, ch 492, § 1; SDC Supp 1960, § 61.1501; SDCL, § 46-24-1.
S.D. Codified Laws § 46A-10A-70 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-70
Permissible drainage of land
Status: in_force

Subject to any official controls pursuant to this chapter and chapter 46A-11 , owners of land may drain the land in the general course of natural drainage by constructing open or covered drains and discharging the water into any natural watercourse, into any established watercourse, or into any natural depression whereby the water will be carried into a natural watercourse, into an established watercourse, or into a drain on a public highway, conditioned on consent of the board having supervision of the highway. If such drainage is wholly upon an owner's land, the owner is not liable in damages to any person. Nothing in this section affects the rights or liabilities of landowners in respect to running waters or streams.

Source: SL 1985, ch 362, § 71; SL 2011, ch 165, § 500.
S.D. Codified Laws § 46A-9-54 — SD Code / Title 46A / Chapter 9 / Section 46A-9-54
Contracts for proposed construction work--Employment of citizens of state--Bond of contractor
Status: in_force

Such contract shall provide that wherever possible, workmen who are citizens of South Dakota shall be employed by the contractor. All provisions of chapter 5-21 with reference to contractors' bonds required under such statutes, shall be applicable and effective as to any contract let pursuant to the provisions of this chapter.

Source: SL 1939, ch 291, § 13; SDC Supp 1960, § 61.1313; SDCL, § 46-16-52; SL 1979, ch 18, § 5.
S.D. Codified Laws § 46-6-29 — SD Code / Title 46 / Chapter 6 / Section 46-6-29
Plugging or controlling large capacity well by chief engineer--Costs
Status: in_force

If an owner of property fails to plug or otherwise control a large capacity artesian well on his property after receiving an order to do so from the Water Management Board under the provisions of § 46-6-14 , the chief engineer may enter upon the property where the well is located and plug or otherwise control the well. The cost of plugging or controlling the well shall be borne by the owner of the property and shall be recorded with the county register of deeds as a lien against the property until paid. This section does not limit or foreclose any other remedy against the owner of the property.

Source: SL 1983, ch 314, § 106.
S.D. Codified Laws § 46A-3A-1.1 — SD Code / Title 46A / Chapter 3A / Section 46A-3A-1.1
Water development districts--Duties
Status: in_force

Each water development district shall promote the conservation, development, and proper management of district water resources, according to district priorities. Each water development district shall serve as a district - wide clearinghouse for water quality and supply projects through:

(1) The provision of technical, organizational, and financial assistance to prospective and existing project sponsors;

(2) The recommendation of projects for inclusion in the state water plan; and

(3) Any lawful means, not otherwise provided, to accomplish the purposes of chapters 34A-2 , 34A-3A , 34A-6 , and 34A-9 , chapters 46A-3A to 46A-3E , inclusive, and chapters 46A-1 and 46A-2 .

Source: SL 1986, ch 372, § 1; SL 1989, ch 306, § 62; SL 1989, ch 386, § 1; SL 2025, ch 186, § 2.
S.D. Codified Laws § 46A-6-40 — SD Code / Title 46A / Chapter 6 / Section 46A-6-40
Borrowing for unforeseen or unusual conditions in operation and maintenance
Status: in_force

The board of directors may borrow funds to meet the necessities of any unforeseen or unusual conditions arising in the operation and maintenance of the irrigation system of the district and may pledge the credit of the district for the payment of the debt.

Source: SDC 1939, § 61.0814; SDCL § 46-14-39; SL 2011, ch 165, § 409.
S.D. Codified Laws § 46A-1-51 — SD Code / Title 46A / Chapter 1 / Section 46A-1-51
Financing agreements--Proper authority required
Status: in_force

Before entering into any financing agreement under § 46A-1-49 , the Board of Water and Natural Resources shall be satisfied by opinion of the attorney general, by an examination of relevant charters, resolutions, minutes, and other documents, or by other sufficient means that the person or public entity receiving such financing has the authority and power to construct the project, borrow these funds and enter into the financing agreement. The board shall also be so satisfied that all procedures, resolutions, and other things necessary to exercise such authority have been properly performed.

Source: SL 1980, ch 310, § 4; SDCL Supp, § 46-17A-46.3.
S.D. Codified Laws § 46A-7-24 — SD Code / Title 46A / Chapter 7 / Section 46A-7-24
Decision of board of directors to collect assessments against acreage within United States reclamation project--Certificate, time for filing--Payment of assessments, time
Status: in_force

The certificate required in § 46A-7-23 shall be filed as aforesaid before the first day of May of the year in which the change of place of payment of such assessments is desired to be effectuated. Thereafter all assessments levied against the acreage of such irrigation district shall be collected by, and payable to, the treasurer of said irrigation district, at the office designated by the board of directors of said irrigation district at the same time and in the same manner as all other taxes and assessments are collected in this state.

Source: SL 1945, ch 348; SDC Supp 1960, § 61.0932; SDCL, § 46-15-24.
S.D. Codified Laws § 46A-4-27 — SD Code / Title 46A / Chapter 4 / Section 46A-4-27
Director requirements--Elector--Residence
Status: in_force

Each director must be an elector of the division that the director represents; or the director must be an elector of the district, if elected at large. Each director shall reside within the district or within twenty-five miles of the district boundary, as provided by the district bylaws.

Source: SDC 1939, § 61.0803; SDCL, §§ 46-12-21, 46-12-25.2; SL 1978, ch 325, § 2; SL 1984, ch 294, § 23; SL 2003, ch 232, § 1; SL 2025, ch 187, § 1.
S.D. Codified Laws § 46-2-11 — SD Code / Title 46 / Chapter 2 / Section 46-2-11
Regulatory authority of board
Status: in_force

The Water Management Board shall regulate and control the development, conservation, and allocation of the right to use the waters of the state according to the principles of beneficial use and priority of appropriation established by this title. The board may require reports and other information as it may deem advisable from all claimants or holders of any water permits or right.

Source: SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0104; SL 1965, ch 299; SL 1983, ch 314, § 26.
S.D. Codified Laws § 46A-10A-111 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-111
Succeeding annual trustee elections
Status: in_force

Succeeding annual trustee elections shall be held at 8:00 p.m. on the last Tuesday of the month in which the initial trustee election was conducted. The date and time of the election may be changed to another date and time within that month upon majority vote of those present at a prior annual election meeting. The election board appointed for succeeding annual elections shall publish a notice of election for the annual election of a trustee or trustees pursuant to the procedures set forth in § 46A-10A-101 . The election board shall also mail a copy of the notice of election to each landowner and notify the landowner of the landowner's right to vote by proxy at least fourteen days prior to the date of election.

Source: SL 1997, ch 256, § 14.
S.D. Codified Laws § 46A-8-1 — SD Code / Title 46A / Chapter 8 / Section 46A-8-1
Association organized under state law in conformity with federal law--Amendment of articles of incorporation, purposes
Status: in_force

Any water users' association organized under the laws of this state and in conformity with the requirements of the United States under the Reclamation Act of June 17, 1902, may in the manner provided in this chapter so amend its articles of incorporation as to modify or enlarge its business or the purposes for which it was created, change the number of its directors or trustees; change its name or location within the state, increase or diminish its capital stock, or make any provision which might have been originally provided in its certificate or articles of incorporation.

Source: SDC 1939, § 61.0204; SDCL, § 46-11-1.
S.D. Codified Laws § 46A-3D-13 — SD Code / Title 46A / Chapter 3D / Section 46A-3D-13
Federal wildlife mitigation requirements
Status: in_force

Any land used to satisfy federal wildlife mitigation requirements for a project must be within the water development district benefiting from that project.

Source: SL 1984 (SS), ch 1, § 66; SL 2025, ch 186, § 51.
S.D. Codified Laws § 46A-14-4.1 — SD Code / Title 46A / Chapter 14 / Section 46A-14-4.1
Functions and duties of commission
Status: in_force

The State Conservation Commission shall perform the following functions and duties with respect to watershed projects:

(1) Review proposed applications for watershed planning assistance under the Federal Watershed and Flood Prevention Act (P.L. 566, 83rd Congress), as amended to January 1, 2013;

(2) Develop policies and procedures for processing such applications in accordance with state law and policies;

(3) Conduct field examination of watersheds with all state and federal agencies and other groups having an interest in development of watersheds;

(4) Determine physical feasibility of proposals for watershed projects;

(5) Recommend priorities for watershed planning assistance under federal P. L. 566;

(6) Make recommendations concerning all applications for planning assistance under federal P. L. 566, to the Board of Water and Natural Resources for consideration in official actions on behalf of the State of South Dakota;

(7) Assist, counsel, and advise conservation district supervisors in the organization of watershed districts under this chapter;

(8) Assist conservation districts within limits of appropriations and personnel with installation and maintenance of the land treatment phase of watershed projects.

The Board of Water and Natural Resources is hereby designated the state agency to act on behalf of the State of South Dakota with respect to watershed projects in order to fulfill the provisions of the Federal Watershed and Flood Prevention Act (P.L. 566, 83rd Congress), as amended to January 1, 2013.

Source: SL 2013, ch 228, § 8.
S.D. Codified Laws § 46A-9-16 — SD Code / Title 46A / Chapter 9 / Section 46A-9-16
Declaration of feasibility of proposed project and conformance to public convenience--Dismissal of petition or certificate of feasibility--Filing of certificate--District as public corporation
Status: in_force

The Board of Water and Natural Resources, within ninety days from the receipt of the petition, or within ninety days from the time funds become available to defray the cost of the investigation, shall declare that the proposed project is or is not feasible and conforming to public convenience and welfare. If the project is deemed not feasible, the board shall dismiss the petition. However, if the board deems the project feasible and conforming to public convenience and welfare, the board shall immediately execute a certificate, in duplicate, setting forth a true copy of the petition and declaring that the petition is approved. The board shall file the certificate in the Office of the Secretary of State and a copy of the certificate, certified by the secretary of state, in the office of the county auditor of each county in which any of the lands in the water user district are located. Thereupon, the district, under its designated name, is a body politic and corporate under the provisions of this chapter and is a public corporation of the State of South Dakota.

Source: SL 1939, ch 291, § 4; SL 1943, ch 310; SDC Supp 1960, § 61.1304 (1); SDCL § 46-16-16; SL 2011, ch 165, § 470.
S.D. Codified Laws § 46A-1-70 — SD Code / Title 46A / Chapter 1 / Section 46A-1-70
Financial reporting of projects--Auditing
Status: in_force

It is hereby required, for the purpose of financial reporting, each project to be owned and operated by the district will have its financial affairs, expenditures, and revenues, set out clearly in the financial statement and that the South Dakota auditor general will audit each project on a separate basis and attest to the aforementioned financial condition of each separate project as presented in the financial report. The Board of Water and Natural Resources may accept a financial audit performed by a qualified independent auditor in lieu of an audit by the auditor general. A financing arrangement or financing agreement entered into by the district may contain provisions requiring the person or public entity receiving the financing to submit financial reports and audits.

Source: SL 1972, ch 241, § 56; SL 1979, ch 301, § 11; SL 1981 (2d SS), ch 1, § 19; SDCL Supp, § 46-17A-56.
S.D. Codified Laws § 46A-11-37 — SD Code / Title 46A / Chapter 11 / Section 46A-11-37
Abandonment and abolition of drainage--Assessments and liens not affected
Status: in_force

Abandonment or abolishment of any drainage project and its works may not affect the obligation or validity of any assessments made against any of the lands involved or a lien for such assessments.

Source: SL 1939, ch 290, § 6; SDC Supp 1960, § 61.1052; SDCL, § 46-21-37; SL 1985, ch 362, § 134.
S.D. Codified Laws § 46A-16-4 — SD Code / Title 46A / Chapter 16 / Section 46A-16-4
Plan for controlling levels of boundary waters
Status: in_force

The South Dakota-Minnesota Boundary Waters Commission may investigate and determine the most desirable and beneficial levels of boundary waters artificially controlled and may prescribe a plan for controlling and regulating the water levels.

Source: SL 1939, ch 294, § 2; SDC Supp 1960, § 55.5302 (1); SDCL § 46-29-3; SL 2011, ch 165, § 537.
S.D. Codified Laws § 46A-18-60 — SD Code / Title 46A / Chapter 18 / Section 46A-18-60
Certification of taxes and assessments--Collection--Deposit and disbursement of proceeds
Status: in_force

On or before the first day of August of each year, the directors shall certify to the county auditor of each county in which district lands are located all taxes and assessments against the real property in the district. Extension of the taxes upon the tax and assessment lists shall be made as specified in this chapter and the taxes shall be collected in the same manner as other county taxes and assessments. These funds shall be deposited with the secretary - treasurer of the water project district, who shall place them in the depository designated by the directors. They shall be disbursed as provided in this chapter.

Source: SL 1984, ch 293, § 59; SL 1990, ch 366, § 17.
S.D. Codified Laws § 46A-9-6 — SD Code / Title 46A / Chapter 9 / Section 46A-9-6
Organization within territorial boundaries of another district
Status: in_force

Nothing in this chapter prevents the organization of a water user district under this chapter within, or partly within, the territorial boundaries of another district organized under this chapter, or of an irrigation district organized under the provisions of chapter 46A-4 , if the works or systems, the operations of the works or systems, the exercise of powers and the assumptions of duties and responsibilities under this chapter, of one district, do not nullify, conflict with, or materially affect those of another such district.

Source: SL 1939, ch 291, § 3; SDC Supp 1960, § 61.1303; SDCL § 46-16-6; SL 2011, ch 165, § 466.
S.D. Codified Laws § 46A-10A-38 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-38
Petition by landowner for change of drainage restrictions--Notice to directly affected persons
Status: in_force

An individual landowner may petition a board or commission to change the drainage restrictions on any part of the landowner's property. The petitioning landowner shall notify all directly affected adjoining landowners and all directly affected third parties holding drainage interests by registered or certified mail of the petitioned change at least one week before any public hearing held on the petition by the board or commission. Property shall be considered as adjoining even if it is separated from the property of the petitioner by a public road or highway.

Source: SL 1985, ch 362, § 38; SL 2011, ch 165, § 495.
S.D. Codified Laws § 46A-10B-34 — SD Code / Title 46A / Chapter 10B / Section 46A-10B-34
Technical assistance provided by Board of Water and Natural Resources and Department of Agriculture and Natural Resources
Status: in_force

The Board of Water and Natural Resources and the Department of Agriculture and Natural Resources shall provide technical assistance upon request of the governing body.

Source: SL 1989, ch 388, § 40; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 46A-5-15 — SD Code / Title 46A / Chapter 5 / Section 46A-5-15
Work done under engineer--Approval by board of directors
Status: in_force

The work shall be done under the direction and to the satisfaction of an engineer and be approved by the board of directors.

Source: SDC 1939, § 61.0919; SDCL, § 46-13-15; SL 1995, ch 253, § 3.
S.D. Codified Laws § 46A-1-69 — SD Code / Title 46A / Chapter 1 / Section 46A-1-69
Suspension of annual installment due on loan for irrigation project
Status: in_force

Upon application to the Board of Water and Natural Resources by a party to the loan agreement, the board may suspend payment of any annual installment due on a loan made for the purpose of constructing an irrigation project when the board finds that because the prices of the crops being irrigated in that year have been lower than the costs of producing those crops, the borrower will suffer undue financial hardship. In making such determination, the board shall consider the annual installment due and a reasonable return to the farmer as costs of production and shall further consider the effect previous years' prices should have had on the borrower's current financial condition. Interest shall not accrue on the loan over the period for which repayment is suspended, and the term of the loan shall be extended for the number of years annual payments are suspended.

Source: SL 1983, ch 315, § 11; SDCL Supp, § 46-17A-54.6.
S.D. Codified Laws § 46A-9-15 — SD Code / Title 46A / Chapter 9 / Section 46A-9-15
Investigation of proposed district and works by Board of Water and Natural Resources--Costs
Status: in_force

If the Board of Water and Natural Resources determines that the petitioners have complied with the requirements of this chapter, the board shall make an immediate investigation of the proposed water user district and of its proposed works, systems, or plans 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.

Source: SL 1939, ch 291, § 4; SL 1943, ch 310; SDC Supp 1960, § 61.1304 (1); SDCL § 46-16-15; SL 2011, ch 165, § 469.
S.D. Codified Laws § 46A-3C-5 — SD Code / Title 46A / Chapter 3C / Section 46A-3C-5
Dissolved district--Duty to satisfy obligations
Status: in_force

If a water development district has been dissolved, the Board of Water and Natural Resources shall exercise all necessary power and authority of the water development district board of directors, until all financial responsibilities, obligations, and other contractual commitments of the dissolved district are satisfied.

Source: SL 1984 (SS), ch 1, § 28; SL 2025, ch 186, § 37.
S.D. Codified Laws § 46A-3E-5 — SD Code / Title 46A / Chapter 3E / Section 46A-3E-5
Special assessment--Notice of resolution of intent--Contents--Service
Status: in_force

Within twenty days after adoption of a resolution of intent to specially assess, a water development district board of directors shall give written notice to the owners of real property described in the resolution. Persons who are entitled to notice in accordance with this section are those listed as the owners in the records of the register of deeds for the county in which the real property is located.

If real property is sold under a contract for deed that is recorded in the office of the register of deeds, both the landowner and the purchaser of the land, as named in the contract for deed, are entitled to notice.

Notice must be by registered or certified mail, effective upon the date mailed, and must contain:

(1) A description of the contract under which the assessment is to be made;

(2) A legal description of the owner's real property to be specially assessed;

(3) A description of the benefit to be returned to the property; and

(4) Information regarding the right to protest by petition.

Source: SL 1984 (SS), ch 1, § 49; SL 1986, ch 375, § 1; SL 1987, ch 29, § 33; SL 1987, ch 333, § 1; SL 2025, ch 186, § 56.
S.D. Codified Laws § 46A-7-8 — SD Code / Title 46A / Chapter 7 / Section 46A-7-8
Delivery of assessment roll to secretary--Notice of equalization meeting--Time for meeting--Roll available for inspection
Status: in_force

On or before the fifteenth day of July in each year, the director of equalization shall complete the assessment roll and deliver it to the secretary of the board of directors. The board shall immediately give notice of the assessment and of the time the board of directors, acting as a board of equalization, will meet to equalize assessments, by publication once each week for at least two consecutive weeks in a newspaper published in each of the counties comprising the district. The time fixed for the meeting may not be less than ten nor more than twenty days from the first publication of the notice; and in the meantime the assessment rolls shall remain in the office of the secretary for the inspection of all persons interested.

Source: SDC 1939, § 61.0905; SL 1949, ch 435, § 2; SDCL § 46-15-8; SL 1972, ch 236, § 5; SL 2011, ch 165, § 420.
S.D. Codified Laws § 46A-10B-5 — SD Code / Title 46A / Chapter 10B / Section 46A-10B-5
Hearing required--Timing and attendance
Status: in_force

Any county or municipality, within two weeks after initially transmitting or receiving a proposed joint powers agreement for the formation of a drainage basin utility district or a proposed amendment to add or delete lands from an existing district, shall, by mutual agreement with the other counties and municipalities included in the proposed district, fix a time and place for a joint public hearing on the establishment of the district. The hearing shall be held not later than sixty days after all counties and municipalities in the proposed district have received the proposed formation agreement. Representatives of each county and each municipality in the proposed district shall be present at the hearing.

Source: SL 1989, ch 388, § 6A; SL 1991, ch 375, § 1.
S.D. Codified Laws § 46A-4-66 — SD Code / Title 46A / Chapter 4 / Section 46A-4-66
Notice of petition to exclude land--Publication--Contents--Time for hearing
Status: in_force

The secretary of the board of directors shall publish a notice of the filing of the petition once each week for at least two successive weeks in some newspaper published in the county where the office of the board of directors is situated. If any portion of the territory to be excluded lies within another county, then the notice shall be published in a newspaper published within each of the counties. If no newspaper is published in such counties, notice shall be provided by posting the notice for the same time in at least three public places in the district. In the case of the posting of notices, one such notice shall be posted on the lands proposed to be excluded. The notice shall state the filing of the petition, the names of the petitioners, a description of the lands mentioned in the petition, and the prayer of the petition. The notice shall notify all persons interested in or that may be affected by the change of the boundaries of the district to appear at the office of the board, at a time named in the notice, and show cause in writing why the change in the boundaries of the district, as proposed in the petition, should not be made. The time to be specified in the notice at which they shall be required to show cause shall be at the next regular meeting of the board after the expiration of the time for the publication of the notice.

Source: SDC 1939, § 61.0831; SDCL § 46-12-65; SL 1972, ch 239, § 3; SL 2011, ch 165, § 361.
S.D. Codified Laws § 46-10-3.3 — SD Code / Title 46 / Chapter 10 / Section 46-10-3.3
Defendants numbering one hundred or more--Commencement of action--Service
Status: in_force

An action for general adjudication is commenced by the filing of a complaint in circuit court in any case in which the named defendants number one hundred or more. In such a case personal service of a summons and complaint is not required but may be made. If personal service is not made, the court shall order service to be made by the plaintiff on named defendants by mailing a court approved notice of the action by registered or certified mail, return receipt requested. The court shall order the plaintiff to obtain service on all unnamed defendants by publication of the notice for four consecutive weeks in a newspaper published in each of the counties within which interest in rights to use of the water and water rights may be affected by the adjudication. If there is no newspaper in one or more of the counties, then publication for the counties shall be in one or more newspapers published in the state, and of general circulation within the counties. If publication is in a daily newspaper, one insertion a week is sufficient.

Source: SL 1980, ch 305, § 8; SL 1987, ch 29, § 31; SL 2011, ch 165, § 284.
S.D. Codified Laws § 46A-3D-2 — SD Code / Title 46A / Chapter 3D / Section 46A-3D-2
Group insurance for employees
Status: in_force

A water development district board of directors may enter into group hospital and medical insurance contracts for the protection and benefit of district employees and the immediate families of the employees. The board may pay all or part of the necessary premiums for its employees.

Source: SL 1984 (SS), ch 1, § 33; SL 1987, ch 332, § 1; SL 2025, ch 186, § 40.
S.D. Codified Laws § 46A-9-70 — SD Code / Title 46A / Chapter 9 / Section 46A-9-70
Sale of unneeded works--Submission of question to Board of Water and Natural Resources--Special election--Notice--Majority vote authorizes sale
Status: in_force

If, in the judgment of the board of directors, it is in the best interest of the water user district to sell any portion of the district works not needed for the performance of any outstanding contract, and not mortgaged or hypothecated as provided for in § 46A-9-71 , the board of directors shall pass a resolution to that effect and shall submit the question to the Board of Water and Natural Resources for approval. If the Board of Water and Natural Resources approves, the board of directors shall call a special election at which the question of selling the portion of the works shall be submitted to the voters of the district qualified to vote for district directors. The board of directors shall mail to each qualified voter, at the voter's last known place of residence or place of business, a notice stating the time, place, and purpose of the election, and so far as practicable shall conduct the election in all other respects as provided in §§ 46A-9-25 to 46A-9-28 , inclusive. If a majority of all qualified voters of the district vote "yes" at the election, the board of directors s may sell the portion of the works.

Source: SL 1939, ch 291, § 15; SDC Supp 1960, § 61.1315 (1); SDCL § 46-16-68; SL 2011, ch 165, § 486.
S.D. Codified Laws § 46A-7-28 — SD Code / Title 46A / Chapter 7 / Section 46A-7-28
Collection of assessments against acreage within United States reclamation project--Duties of treasurer of district, certification of delinquencies
Status: in_force

The treasurer of any irrigation district, following the method provided in §§ 46A-7-22 to 46A-7-27 , inclusive, for the collection of assessments, shall certify any delinquent assessment to the auditor of the county in which the land on which the delinquent assessment is situated on or before the tenth day of November each year. The auditor shall enter the amount due in separate columns of a supplementary tax list, to be known as "irrigation district delinquent assessment list" of the county and deliver a copy of the same to the county treasurer for collection in the same manner as all other taxes and assessments are collected in this state.

Source: SL 1945, ch 348; SDC Supp 1960, § 61.0932; SDCL, § 46-15-28; SL 1983, ch 13, § 8.
S.D. Codified Laws § 46A-10A-43.3 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-43.3
Presentation of petition--Filing--Transmittal to Department of Agriculture and Natural Resources--Hearing
Status: in_force

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

Source: SL 1988, ch 366, § 3; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 46-5-26 — SD Code / Title 46 / Chapter 5 / Section 46-5-26
Extension of time for completion of construction or application to beneficial use
Status: in_force

A permit may be amended by extending the time for the completion of construction, or for application to beneficial use, for a reasonable time, but only on account of delays due to physical or engineering difficulties which could not have been reasonably anticipated, due to operation of law beyond the power of the applicant to avoid, or due to other exigent circumstances identified by the Water Management Board.

Source: SDC 1939, § 61.0132; SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0120; SL 1983, ch 314, § 53.
S.D. Codified Laws § 46A-4-21 — SD Code / Title 46A / Chapter 4 / Section 46A-4-21
Election of director for each division
Status: in_force

There shall be elected at the same election one director for each division.

Source: SDC 1939, § 61.0803; SDCL, § 46-12-21; SL 1978, ch 325, § 1; SL 1978, ch 326, § 3; SL 1984, ch 294, § 20.
S.D. Codified Laws § 46A-10A-97 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-97
Costs on appeal
Status: in_force

If, on appeal, the court rules in favor of a board decision regarding a conflict between the appellant landowner and the board, the appellant landowner is liable for all costs associated with the appeal. If the contention of an appellant landowner is substantially sustained, costs associated with the appeal shall be included in the total costs of the project, but the appellant's costs before appeal shall be borne by the appellant.

Source: SL 1985, ch 362, § 97; SL 2011, ch 165, § 501.
S.D. Codified Laws § 46A-7-31 — SD Code / Title 46A / Chapter 7 / Section 46A-7-31
Refund of taxes or assessments--Filing of tax receipt showing payment under protest--Affidavit stating grounds for refund
Status: in_force

No taxes or assessments may be ordered refunded unless the person complaining files in the office of the secretary of the district a copy of the person's tax receipt, showing the same paid under protest, together with a sworn affidavit in writing showing one of the following reasons why such tax or assessment should be refunded:

(1) That the land upon which the assessment was levied is not within the boundaries of the district;

(2) That the land is exempt by law, setting forth the reason for the exemption; or

(3) That by reason of injury through seepage or subirrigation the land could not now be benefited by irrigation, or that the land is not susceptible of irrigation from the canal of the district.

Source: SDC 1939, § 61.0917; SDCL § 46-15-31; SL 2011, ch 165, § 430.
S.D. Codified Laws § 46A-14-37 — SD Code / Title 46A / Chapter 14 / Section 46A-14-37
Annual election of managers--Terms of office
Status: in_force

Before May first of each year, on dates established by the managers, an annual meeting of the district shall be held during which the eligible voters of the district shall elect, by ballot, under the direction of the secretary of the district, managers to replace those whose terms have expired. At the first annual election, if the board of managers has three members, one shall be elected for one year, one for two years, and one for three years, and thereafter one shall be elected annually for three years. If the board of managers has five members, at the first annual meeting one shall be elected for three years, two shall be elected for two years, and two shall be elected for one year, and thereafter at the annual meeting the terms of those expired, shall be elected for three years.

Source: SL 1957, ch 492, § 17; SL 1959, ch 452, § 13; SDC Supp 1960, § 61.1517; SL 1965, ch 303, § 6; SDCL § 46-24-37; SL 2013, ch 228, § 29.
S.D. Codified Laws § 46A-10B-20 — SD Code / Title 46A / Chapter 10B / Section 46A-10B-20
Establishment of stormwater basin development and utility fees--Assessments against individual properties
Status: in_force

After delineating drainage basins pursuant to § 46A-10B-18 , the governing body may establish by ordinance stormwater basin development fees and stormwater utility fees to be paid by the developers or owners of property in each basin in the district as provided in §§ 46A-10B-21 and 46A-10B-22 . The fees shall be sufficient to construct, operate, and maintain the facilities needed in the basin and may be expended to carry out the purposes of this chapter. The amount of the fees assessed against individual properties and the method of calculating and collecting the fees shall be established by ordinance. Assessments against individual properties shall be on a per - square - foot basis, but the amount of the fee assessed per square foot against individual properties in a basin may not necessarily be equal in all cases. The governing body may vary the amount dependent upon the type of improvements that are on the property or that may be placed on the property under the existing zoning as such improvements relate to the stormwater or runoff water that may be discharged from the property. Agricultural land as defined in § 10-6-112 is exempt from the fees established in this section and in §§ 46A-10B-21 and 46A-10B-22 .

Source: SL 1989, ch 388, § 26; SL 1990, ch 364, § 1; SL 2021, ch 44, § 44.
S.D. Codified Laws § 46A-4-79 — SD Code / Title 46A / Chapter 4 / Section 46A-4-79
Rearrangement or reapportionment of district divisions upon exclusion of lands--Effects of exclusion--Procedural defects--Resolutions and bylaws
Status: in_force

Upon exclusion of any lands, the board of directors may make such rearrangement or reapportionment of divisions within the district as the board deems advisable. No exclusion of lands may impair or affect the district organization or its property or rights therein, or any other rights or privileges, nor may it affect, impair, or discharge any contract obligation, lien, or charge for or upon which it was or might become liable or chargeable had the exclusion of land not been made. Lands excluded by an order of the board are liable for district contracts, debts, or obligations thereafter created. No omission or informality in the proceedings for exclusion of lands may invalidate such proceedings if the substantial rights of the parties affected were recognized and the proceedings were fairly conducted. The board of directors may make any resolutions and bylaws necessary in the proceedings.

Source: SL 1976, ch 277, § 25; SDCL Supp, § 46-12-74.4; SL 1993, ch 256, § 73.
S.D. Codified Laws § 46-5-47 — SD Code / Title 46 / Chapter 5 / Section 46-5-47
Flood control--Permit required
Status: in_force

No person may construct facilities on any watercourse to control floods for the purpose of preventing or alleviating damage without a permit issued pursuant to the procedure contained in chapter 46-2A . The permit may be approved subject to conditions deemed necessary, including conditions to safeguard water supplies for existing water permits and licenses, to assure the safety of works, and to prevent damage to property. No person may construct works in a manner not approved in the permit for those works. This section applies only to watercourses whose flow exceeds that of a dry-draw as defined in subdivision 46-1-6(8).

Source: SL 1983, ch 314, § 80; SL 2011, ch 165, § 272.
S.D. Codified Laws § 46A-10A-22 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-22
Publication of notice of hearing on proposed drainage plan
Status: in_force

If it receives a proposed drainage plan drafted by the drainage commission or if it prepares its own plan because no commission exists, which plan includes proposed official controls, the board of county commissioners shall direct the county auditor to publish, at least once a week for at least two successive weeks in a newspaper of general circulation in the area affected, a notice of hearing, the time and place when the hearing will be held, and a statement that all interested persons may appear and be heard.

Source: SL 1985, ch 362, § 22.
S.D. Codified Laws § 46A-7-25 — SD Code / Title 46A / Chapter 7 / Section 46A-7-25
Collection of assessments against acreage within United States reclamation project--Single assessment for operation and maintenance funds and contract funds, time for payment
Status: in_force

In districts which are following the alternative method of collecting assessments, as provided for by § 46A-7-22 , a single assessment, to include operation and maintenance funds and contract funds, may be made, and such assessment so levied shall become due and payable on January first next following the levy of such assessment, and become delinquent if not paid in full on or before May first following such assessment and shall draw interest and penalty as provided in § 46A-7-19 .

Source: SDC 1939, § 61.0907 as added by SL 1949, ch 435, § 3; SDCL, § 46-15-25.
S.D. Codified Laws § 46A-18-45 — SD Code / Title 46A / Chapter 18 / Section 46A-18-45
Election to approve financing--Vote required
Status: in_force

No bonds may be issued and no financial commitments requiring the obligation of district taxes or assessments beyond the current fiscal year may be entered into, unless the directors have initiated hearings on the works proposed for construction and the benefits to accrue therefrom and have conducted an election in accordance with this chapter. A sixty percent favorable vote shall grant approval of a bond issue or other permissible financing arrangement.

Source: SL 1984, ch 293, § 44.
S.D. Codified Laws § 46A-1-104 — SD Code / Title 46A / Chapter 1 / Section 46A-1-104
Continuous appropriation of brownfields revitalization and economic development program subfunds--Purpose
Status: in_force

The brownfields revitalization and economic development program subfunds are hereby continuously appropriated to the South Dakota Board of Water and Natural Resources. Money received for these programs may be used only for purposes authorized by the federal Small Business Liability Relief and Brownfields Revitalization Act (P.L. 107-118) as amended to January 1, 2011.

Source: SL 2004, ch 275, § 5; SL 2011, ch 165, § 311.
S.D. Codified Laws § 46A-4-81 — SD Code / Title 46A / Chapter 4 / Section 46A-4-81
Dissolution of district--Petition by majority of assessment payers--Calling of election by board--Notice of election
Status: in_force

If a majority of the assessment payers, representing a majority of the number of acres of irrigable land within any irrigation district, petition the board of directors to call a special election for the purpose of submitting to the qualified electors of the irrigation district a proposition to vote on the discontinuance of the irrigation district and a settlement of its bonded and other indebtedness, the board of directors shall call an election, setting forth the object of the election. The board shall publish a notice of the election in some newspaper in each of the counties in which the district is located, and in which a newspaper is published, for a period of thirty days before the election, setting forth the time and place for holding the election in each of the voting precincts in the district. The board shall also post a written or printed notice of the election in some conspicuous place in each of the voting precincts.

Source: SDC 1939, § 61.0848; SDCL § 46-12-76; SL 2011, ch 165, § 366.
S.D. Codified Laws § 46A-1-61 — SD Code / Title 46A / Chapter 1 / Section 46A-1-61
Authorization required for disbursements from fund--Form of appropriation from fund--Limit on grants
Status: in_force

All money disbursed from the water and environment fund shall be authorized by an act of the Legislature for projects approved as part of the state water resources management system or for ongoing programs that have been or shall be established by the Legislature for the purpose of managing the state's water resources. All appropriations from the fund shall be in the form of loans unless otherwise directed by the Legislature. A grant from the fund made after July 1, 1982, for any project may not exceed eighty percent of the nonfederal share of expenditures for that project.

Source: SL 1972, ch 241, § 55; SL 1981 (2d SS), ch 3, § 3; SL 1982, ch 316, § 2; SDCL Supp, § 46-17A-54; SL 1983, ch 315, § 15; SL 1986, ch 291, § 3; SL 1992, ch 254, §§ 8, 10; SL 1993, ch 334, § 4; SL 2006, ch 2, § 35.
S.D. Codified Laws § 46-2A-18 — SD Code / Title 46 / Chapter 2A / Section 46-2A-18
Abandonment of validated vested right
Status: in_force

Recognition or validation of a vested right under § 46-5-49 or 46-6-2 does not protect the water right from a claim of abandonment or forfeiture based upon acts occurring in whole or in part after the date of the board's recognition or validation. The entry of an order under § 46-2A-17 does not protect the water right from a claim of abandonment or forfeiture based upon acts occurring in whole or in part after the date of the original acceptance of the filing of the claim by the chief engineer or the Board of Water Management.

Source: SL 1986, ch 363, § 3.
S.D. Codified Laws § 46-4-1.1 — SD Code / Title 46 / Chapter 4 / Section 46-4-1.1
Nonnavigable stream--Right to construct and maintain dam
Status: in_force

Any person owning land through which any nonnavigable stream passes may construct and maintain a dam across the nonnavigable stream if the course of the water is not changed, vested rights are not interfered with and no land flooded other than that belonging to the owner of the dam or upon which an easement for that purpose has been secured.

Source: SL 1983, ch 318, § 2.
S.D. Codified Laws § 46A-13-29 — SD Code / Title 46A / Chapter 13 / Section 46A-13-29
Bonds to raise money for portion of cost of construction of drainage improvement required to be paid by drainage district--Issuance and sale
Status: in_force

For the prompt raising of money with which to bear the proportionate cost of such proposed drainage improvement, such commission may issue bonds in the same manner and with the same effect as boards of county commissioners are authorized to issue bonds in drainage proceedings. Such commission may sell such bonds at not less than the par value thereof as it may deem best for the interests of all persons within this state affected by such drainage, any premium received on such bonds to be credited to the fund of the particular drainage.

Source: SDC 1939, § 61.1111; SDCL, § 46-23-29.
S.D. Codified Laws § 46A-14-87 — SD Code / Title 46A / Chapter 14 / Section 46A-14-87
State Conservation Commission determination on proposed dissolution
Status: in_force

After the public hearing required by § 46-14-86, the State Conservation Commission shall determine whether the proposed dissolution is to be allowed. In making its determination, the commission shall consider written and verbal reports by the watershed district board, the public attitude displayed at the public hearing, and all other information the members of the commission deem relevant. At least one watershed district board member shall be present at the commission meeting to testify.

Source: SL 1980, ch 312, § 7; SDCL Supp, § 46-24-82.4; SL 2013, ch 228, § 58.
S.D. Codified Laws § 46A-3E-6 — SD Code / Title 46A / Chapter 3E / Section 46A-3E-6
Special assessment--Effective date--Written protest
Status: in_force

A special assessment by a water development district is effective thirty days after adoption of the resolution of intent to specially assess, unless a written protest is filed with the district within thirty days after adoption of the resolution, excluding the date of adoption. The written protest must be in the form of a petition, signed by at least sixty percent of the owners of real property described in the resolution of intent to specially assess.

Source: SL 1984 (SS), ch 1, § 50; SL 1986, ch 375, § 2; SL 1987, ch 333, § 2; SL 2025, ch 186, § 57.
S.D. Codified Laws § 46A-2-36 — SD Code / Title 46A / Chapter 2 / Section 46A-2-36
Powers granted to district and water development districts--Construction
Status: in_force

The powers herein granted to the South Dakota Conservancy District, as established hereby, and water development districts, as may be established, shall be construed as those reasonably necessary to accomplish the purpose and intent of this chapter.

Source: SDC Supp 1960, § 61.1402 as added by SL 1964, ch 223, § 1; SDCL, § 46-17-29; SL 1984 (SS), ch 1, § 64; SL 1987, ch 29, § 59.
S.D. Codified Laws § 46A-4-26 — SD Code / Title 46A / Chapter 4 / Section 46A-4-26
Hours of voting
Status: in_force

Notwithstanding any other provision of this chapter and chapters 46A-5 to 46A-7 , inclusive, the provisions of the general election law concerning the hours during which polls shall be open for voting shall apply to each irrigation district annual election.

Source: SDC 1939, § 61.0806; SDCL, §§ 46-12-25.1, 46-12-34 ; SL 1978, ch 327, § 1; SL 1998, ch 36, § 55.
S.D. Codified Laws § 46A-10A-82 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-82
Maintenance without notice--Actions authorized
Status: in_force

At any time and on its own motion, without notice, a board may maintain a drainage project. The board may remove silt, debris, weeds, and other vegetation growth, may repair damaged structures, and may take other action as necessary to maintain the project's original efficiency or capacity.

Source: SL 1985, ch 362, § 83.
S.D. Codified Laws § 46-5-6.11 — SD Code / Title 46 / Chapter 5 / Section 46-5-6.11
Authority of chief engineer to issue appropriation permits
Status: in_force

As provided in § 46-1-16 , the board may delegate to the chief engineer the authority to issue a permit for the appropriation of water if the applicant does not contest the recommendation of the chief engineer and no person has filed a petition to oppose the application.

Source: SL 1990, ch 355, § 4.
S.D. Codified Laws § 46-8-16 — SD Code / Title 46 / Chapter 8 / Section 46-8-16
Right to cross public or railroad right-of-way--Construction of bridges, culverts, or similar structures
Status: in_force

An owner of works for the storage, carriage, or application of water to beneficial use has the right to cross any public or railroad right - of - way, subject to such reasonable conditions as may be prescribed by the board or officer having charge of the right - of - way. The owner of the works shall notify the board or officer in charge of the right - of - way in writing showing the location and character of the crossing and shall provide a plat showing the location of the proposed route across the right - of - way. The owner of the works shall bear the cost of construction of any bridge, culvert, or similar structure where it crosses the right - of - way. All bridges, culverts, or similar structures shall be constructed in accordance with pertinent provisions of law.

Source: SDC 1939, § 61.0144; SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0131; SL 1983, ch 314, § 148.
S.D. Codified Laws § 46A-10A-84 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-84
Repairs without contract--Cost reimbursement
Status: in_force

If required drainage repairs will cost less than ten thousand dollars and the board projects a potential saving by not receiving bids, it may direct the repairs to be done by county equipment and labor. The county fund utilized shall be reimbursed from the drainage project fund thus benefited.

Source: SL 1985, ch 362, § 85.
S.D. Codified Laws § 46A-8-5 — SD Code / Title 46A / Chapter 8 / Section 46A-8-5
Election of officers and directors of association
Status: in_force

At all elections of any such association the person receiving the highest number of votes for any office shall be deemed elected. All elections of directors shall be by districts and must be by ballot, and a vote of the shareholders representing a majority of the shares of stock cast at such election and which shares are appurtenant to lands within the district in which such candidate resides is necessary to a choice.

Source: SDC 1939, § 61.0203; SDCL, § 46-11-5.
S.D. Codified Laws § 46A-10A-47 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-47
Coordinated drainage area--Application for establishment--Inconsistency with county plan or controls barring formation--Validity of information in county in process of adopting plan or controls
Status: in_force

Whenever an area within a county and not within a municipality becomes so situated that drainage area coordination becomes advisable, persons within the area may apply to the board or the commission, if one exists, to establish the area as a coordinated drainage area pursuant to this chapter. A board or commission may not form a coordinated drainage area if it is inconsistent with a county - wide drainage plan and ordinances or other controls which have been adopted. The formation of a coordinated drainage area is valid in a county that is in the process of adopting a county - wide drainage plan and ordinances or other controls until such are in place.

Source: SL 1985, ch 362, § 47.
S.D. Codified Laws § 46A-9-59 — SD Code / Title 46A / Chapter 9 / Section 46A-9-59
Revenues of district--Payment into special fund--Collection and disposition of special fund, terms, and conditions
Status: in_force

Any such resolution or agreement may provide that all or any part of the revenues of the water user district shall be paid into a special fund and may set forth all the terms and conditions on which such special fund is to be collected, held, and disposed of, whether partly or wholly for the benefit of the holders of such district obligations. Provision may be made that such special fund shall be held by depositories designated or described in such resolution or agreement.

Source: SL 1939, ch 291, § 10; SDC Supp 1960, § 61.1310; SDCL, § 46-16-57.
S.D. Codified Laws § 46-1-4 — SD Code / Title 46 / Chapter 1 / Section 46-1-4
Beneficial use of water resources--Prevention of waste--Right to water from natural stream or watercourse
Status: in_force

It is hereby declared that, because of conditions prevailing in this state, the general welfare requires that the water resources of the state be put to beneficial use to the fullest extent of which they are capable, and that the waste or unreasonable method of use of water be prevented, and that the conservation of such water is to be exercised with a view to the reasonable and beneficial use of the water in the interest of the people and for the public welfare. The right to water or to the use or flow of water in or from any natural stream or watercourse in this state is limited to an amount of water reasonably required for the beneficial use to be served, and such right does not extend to the waste or unreasonable use or unreasonable method of diversion of water.

Source: SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0101 (1); SL 2011, ch 165, § 254.
S.D. Codified Laws § 46A-1-65 — SD Code / Title 46A / Chapter 1 / Section 46A-1-65
Criteria for selection of projects to receive loans or grants--Regulation of loans or grants
Status: in_force

The Board of Water and Natural Resources may establish by rules enacted pursuant to the provisions of chapter 1-26 criteria for the selection of water resources projects to receive loans or grants pursuant to § 46A-1-64 or to receive other loans or grants from the water and environment fund and for the regulation of the terms, conditions, and administration of such loans or grants.

Source: SL 1982, ch 316, § 3; SDCL Supp, § 46-17A-54.2; SL 1983, ch 315, § 10; SL 1986, ch 291, § 6; SL 1987, ch 328, § 4; SL 1992, ch 254, § 8.
S.D. Codified Laws § 46A-13-13 — SD Code / Title 46A / Chapter 13 / Section 46A-13-13
Proposed improvement of interstate drainage project affecting water of United States--Use of government surveys or plans
Status: in_force

In the event the proposed improvement affects a navigable stream or body of water, and as such is under the control of the United States government, any surveys or plans for improvements made and furnished by the United States government engineers which may be submitted may be used for the purpose of securing and adopting a joint plan.

Source: SDC 1939, § 61.1105; SL 1964, ch 222, § 2; SDCL, § 46-23-13.
S.D. Codified Laws § 46A-3A-9 — SD Code / Title 46A / Chapter 3A / Section 46A-3A-9
Petition to establish district--Contents--Signatures--Form--Verification
Status: in_force

A petition submitted to the Board of Water and Natural Resources, in accordance with § 46A-3A-8 , must:

(1) Describe the boundaries of the area to be included within the proposed water development district; and

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

If the petition contains more than one page, each page must have identical headings. Any number of identical petition forms may be circulated and each is deemed to be a part of the petition. Each of the identical petition forms must be verified by the circulator as follows:

"I, the undersigned, being first duly sworn, hereby depose that I circulated the above petition, containing __________ signatures; that I personally witnessed each named individual sign the petition and add the individual's address and the date.

_________________________________________________________________

P.O. Address

_________________________________________________________________

Subscribed and sworn to before me this ____ day of __________, 20____

_________________________________________________________________

Notary Public".

Source: SL 1984 (SS), ch 1, § 13B; SL 2011, ch 165, § 325; SL 2025, ch 186, § 11.
S.D. Codified Laws § 46A-14-28 — SD Code / Title 46A / Chapter 14 / Section 46A-14-28
Name of district--Perpetual existence--Findings and order--Political subdivision
Status: in_force

Upon certification of a favorable petition or vote, the conservation district supervisors shall establish and create the watershed district and give it a corporate name. A watershed district created under the provisions of this chapter has perpetual existence unless dissolved or abolished as provided for in this chapter. The supervisors shall file a certified copy of their findings and order with the secretary of state, at which time the watershed district becomes a political subdivision of the state, with the authority, powers, and duties as prescribed in this chapter. The supervisors shall serve copies of the findings and order upon each of the watershed district managers by certified or registered mail.

Source: SL 1957, ch 492, § 12; SL 1959, ch 452, § 10; SDC Supp 1960, § 61.1512; SDCL § 46-24-28; SL 2013, ch 228, § 23.
S.D. Codified Laws § 46A-3A-13 — SD Code / Title 46A / Chapter 3A / Section 46A-3A-13
Separate districts for election--Vote required
Status: in_force

If a municipality is included within the boundaries of a proposed water development district, the municipality constitutes a separate election district. The portion of any county that is wholly or partially included within the boundaries of a proposed water development district, and which is outside the corporate limits of a municipality, constitutes a separate election district.

An election district may not become part of a water development district unless at least sixty percent of the votes cast in the election are favorable.

Source: SL 1984 (SS), ch 1, § 13F; SL 2025, ch 186, § 15.
S.D. Codified Laws § 46-4-5 — SD Code / Title 46 / Chapter 4 / Section 46-4-5
Vested right to water from dry-draw
Status: in_force

The right of any person to continue the use of water from any dry-draw is a vested right, to the extent it is not abandoned or forfeited and:

(1) The water had actually been applied to a beneficial use on March 18, 1957, or within three years immediately before that date to the extent of the actual beneficial use of the water; or

(2) The dry-draw owner was engaged in the construction of works for the actual application of water to a beneficial use on March 18, 1957, if the works were completed and water actually applied for such use within a reasonable time after that date, to the extent of actual beneficial use of the water; or

(3) The dry-draw owner filed a location notice and constructed or was in the process of constructing the dry-draw structure on December 31, 1982, if the works were completed and water actually applied to beneficial use within a reasonable time after that date to the extent of actual beneficial use.

Source: SL 1957, ch 490, § 3; SDC Supp 1960, § 61.0138 (4); SL 1981, ch 315; SL 1983, ch 318, § 6; SL 2011, ch 165, § 264.
S.D. Codified Laws § 46A-13-6 — SD Code / Title 46A / Chapter 13 / Section 46A-13-6
Commissioners of interstate drainage district--Oath of office, filing--Bond, filing, approval by board of county commissioners
Status: in_force

The commissioners of such drainage district shall take the oath and give the bond provided by law for members of the board of county commissioners, which oath and bond shall be filed with the county auditor of the county wherein the petition for the formation of the drainage district was filed, and such bond shall be subject to the approval of the board of county commissioners of such county.

Source: SDC 1939, § 61.1102; SDCL, § 46-23-6.
S.D. Codified Laws § 46-2A-21 — SD Code / Title 46 / Chapter 2A / Section 46-2A-21
Deletion of term limitation under certain conditions--Cancellation or amendment of permit
Status: in_force

At any time during the twenty - year term set forth in § 46-2A-20 , or following its expiration, the board may delete the term limitation condition upon a finding that sufficient information has become available to determine:

(1) Whether the withdrawal would cause any significant adverse effects on the supply of water in the Madison formation; and

(2) Whether the withdrawal would cause any significant adverse effects on nearby Madison formation wells and springs.

At the end of the twenty - year limitation, the board may cancel a permit or amend the permit with a new term limitation of up to twenty years, if the board is unable to make a finding after notice and hearing that sufficient information is available to delete the term limitation. The priority date for any permit issued with a term limitation or amended with an additional term limitation shall be the date the original application was filed.

Source: SL 1992, ch 315, § 2.
S.D. Codified Laws § 46A-18-77 — SD Code / Title 46A / Chapter 18 / Section 46A-18-77
Satisfaction of obligations outstanding after dissolution
Status: in_force

If, after a water project district has been dissolved and all assets of the district have been disposed of, any obligations of the district remain outstanding, the Board of Water and Natural Resources shall exercise the power and authority of the district board of directors until such time as all responsibilities, obligations, and contractual commitments of the dissolved district have been satisfied.

Source: SL 1984, ch 293, § 76.
S.D. Codified Laws § 46A-9-4 — SD Code / Title 46A / Chapter 9 / Section 46A-9-4
Petition for organization of district--Filing with and approval by board--Contents
Status: in_force

A water user district may be organized under the provisions of this chapter by filing in the Department of Agriculture and Natural Resources a petition in compliance with the requirements set forth in this section, and the approval of the petition by the Board of Water and Natural Resources as provided in this chapter. The petition shall be addressed to the Board of Water and Natural Resources and shall state in substance that it is the intent and purpose of the petitioners to create a district under the provisions of this chapter, subject to approval by the board. The petition shall contain:

(1) The name of the proposed district;

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

(3) A description of the lands constituting the proposed district and of the boundaries of the proposed district, and the names of any municipalities included partly or wholly within the boundaries of the proposed district;

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

(5) A statement that the proposed district does not have the power to levy taxes or assessments;

(6) The number of members of the board of directors of the proposed district, which may not be less than five nor more than thirteen, a statement as to whether the directors shall be elected at large or shall be apportioned to election divisions and elected by the voters of the election divisions, the names and addresses of the members who shall serve until their successors are elected and qualified as provided in this chapter, and if election divisions are provided for, the respective divisions which the directors are to represent. The persons named in the petition as directors shall be owners of land or entrymen within the district, and, if election divisions are provided for, they shall be owners of land or entrymen within the respective divisions they are to represent.

Source: SL 1939, ch 291, § 4; SL 1943, ch 310; SDC Supp 1960, § 61.1304 (1); SDCL § 46-16-4; SL 1974, ch 286, § 3; SL 1992, ch 60, § 2; SL 2011, ch 165, § 465; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 46-10A-8 — SD Code / Title 46 / Chapter 10A / Section 46-10A-8
Water measuring devices--Order for installation
Status: in_force

The board may order installation of water measuring devices as provided in § 46-7-2 if it determines them to be necessary for proper regulation of water diversion and use among water permit or right holders in a water use control area.

Source: SL 1983, ch 314, § 186.
S.D. Codified Laws § 46A-10A-12 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-12
Municipality contracting with county for services--Fees
Status: in_force

Any governing body of a municipality may contract with the board for drainage expertise and services to be provided by the county. Such contract may provide that the municipality shall pay fees as are agreed upon for the services performed.

Source: SL 1985, ch 362, § 12.
S.D. Codified Laws § 46A-3C-4 — SD Code / Title 46A / Chapter 3C / Section 46A-3C-4
Vote for or against dissolution--Effect--Election costs
Status: in_force

If at least fifty percent of the votes cast are in favor of dissolving the water development district, the Board of Water and Natural Resources must, by resolution, dissolve the district and file a copy of the resolution with the secretary of state.

If the vote is against dissolving the district, another vote may not be held on the question of dissolution for four years. A new election may not be held unless a new petition has been submitted to the Board of Water and Natural Resources. The costs associated with an election to dissolve a district are the responsibility of the affected district.

Source: SL 1984 (SS), ch 1, § 27; SL 1990, ch 362, § 4; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 2025, ch 186, § 36.
S.D. Codified Laws § 46-5-8.1 — SD Code / Title 46 / Chapter 5 / Section 46-5-8.1
Permit issued by board to effectuate contract between district and energy industry user--Cancellation of permit or license
Status: in_force

The Water Management Board may issue a permit to appropriate up to fifty thousand acre - feet of water for use per year to the South Dakota Conservancy District to effectuate the provisions of a contract executed between the district and an energy industry user under § 46A-2-19 . An appropriation authorized under this section shall be licensed as provided in this chapter. Upon the receipt by the Division of Water Rights of a notice of cancellation from the district, the division shall cancel the permit or license specified in the notice.

Source: SL 1981 (2d SS), ch 1, § 5.
S.D. Codified Laws § 46A-1-56 — SD Code / Title 46A / Chapter 1 / Section 46A-1-56
Refunding bonds authorized for matured obligations
Status: in_force

The district may issue negotiable refunding bonds for the following purposes:

(1) To refund unpaid matured bonds;

(2) To refund unpaid matured coupons evidencing interest upon its unpaid matured bonds; and

(3) To refund interest at the coupon rate upon its unpaid matured bonds that has accrued since the maturity of those bonds.

Source: SL 1972, ch 241, § 50; SDCL Supp, § 46-17A-49; SL 2011, ch 165, § 306.
S.D. Codified Laws § 46A-9-60 — SD Code / Title 46A / Chapter 9 / Section 46A-9-60
Agreement between directors and holders of district obligations as to charges for water, sewage disposal, or other services
Status: in_force

The directors of any water user district organized under the provisions of this chapter may enter into agreements with the holders of any such district obligations as to the maximum or minimum amounts that the district may charge and collect for water sold by the district or for the collection, treatment, or disposal of wastewater or other services provided by the district.

Source: SL 1939, ch 291, § 10; SDC Supp 1960, § 61.1310; SDCL, § 46-16-58; SL 2006, ch 226, § 11.
S.D. Codified Laws § 46-5-38 — SD Code / Title 46 / Chapter 5 / Section 46-5-38
Future use of water--Entities entitled to reservation
Status: in_force

The following entities may reserve water for contemplated future needs upon a showing of availability of unappropriated water and future need pursuant to procedures set forth in chapter 46-2A :

(1) A state institution, facility, or agency;

(2) A municipality as defined in § 9-1-1 ;

(3) The South Dakota Conservancy District or a water development district as defined in § 46A-2-4 ;

(4) A water user district as defined in § 46A-9-2 ;

(5) A nonprofit rural water supply company as defined in § 10-36A-1 engaged in the treatment, distribution, and sale of water primarily for domestic purposes to a rural area. The term "rural area" may include a municipality;

(6) A sanitary district as defined in chapter 34A-5 ;

(7) An irrigation district as defined in chapter 46A-4 ; and

(8) A water project district as defined in chapter 46A-18 .

Source: SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0122; SL 1961, ch 456; SL 1966, ch 259, § 3; SL 1978, ch 322; SL 1983, ch 314, § 70; SL 1984 (SS), ch 1, § 60.
S.D. Codified Laws § 46A-1-48 — SD Code / Title 46A / Chapter 1 / Section 46A-1-48
Bond and note proceeds--Payment into state treasury not required
Status: in_force

Notwithstanding the provisions of any other law, no moneys derived from the sale of bonds or notes issued under the provisions of this chapter, or pledged or assigned to or in trust for the benefit of the holder or holders of the bonds or notes, may be required to be paid into the state treasury.

Source: SL 1972, ch 241, § 47; SL 1976, ch 282, § 5; SL 1980, ch 310, § 12; SDCL Supp, § 46-17A-46; SL 2011, ch 165, § 303.
S.D. Codified Laws § 46A-9-67 — SD Code / Title 46A / Chapter 9 / Section 46A-9-67
Deposit of funds--Payment of claims
Status: in_force

All moneys collected pursuant to this chapter shall be deposited with the water user district treasurer in any depository designated and approved by the board of directors of the water user district at a regular meeting and from which all valid claims against the district shall be paid or by order duly drawn by the district treasurer pursuant to procedures adopted by the board of directors.

Source: SL 1939, ch 291, § 14; SDC Supp 1960, § 61.1314; SDCL § 46-16-65; SL 2011, ch 203, § 1.
S.D. Codified Laws § 46A-3B-9 — SD Code / Title 46A / Chapter 3B / Section 46A-3B-9
Commencement of directors' terms--Vacancies--Director filling unexpired term
Status: in_force

Each director shall take office on January first of the year following the election, or not later than sixty days after a special election.

An office becomes vacant:

(1) Upon the occurrence of any event listed in § 3-4-1 ; or

(2) Upon the expiration of a term of office, if no qualifying petitions have been filed or if no successor has qualified for the office, unless otherwise provided in chapters 46A-3A to 46A-3E , inclusive.

If an office becomes vacant, the remaining directors must fill the position by appointing a qualified candidate from the director area for which a vacancy exists. The individual appointed to fill the vacancy shall serve for the remainder of the unexpired term.

Source: SL 1984 (SS), ch 1, § 23; SL 1989, ch 386, § 5; SL 1991, ch 372; SL 2016, ch 217, § 3; SL 2017, ch 191, § 1; SL 2020, ch 196, § 2; SL 2025, ch 186, § 29.
S.D. Codified Laws § 46-10A-4 — SD Code / Title 46 / Chapter 10A / Section 46-10A-4
Hearing on petition--Publication and notice
Status: in_force

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

Source: SL 1983, ch 314, § 182.
S.D. Codified Laws § 46A-1-57 — SD Code / Title 46A / Chapter 1 / Section 46A-1-57
Sale of refunding bonds for matured obligations--Application of proceeds--Cancellation of instruments paid
Status: in_force

Refunding bonds issued pursuant to § 46A-1-56 may be sold at such price as the district shall determine and the proceeds received at any such sale shall be used to pay the bonds, interest coupons, and interest not represented by coupons, if any. Bonds and interest coupons which have been paid shall be canceled and the obligation for interest, not represented by coupons, which has been discharged, shall be evidenced by a written acknowledgment of the exchange or payment thereof.

Source: SL 1972, ch 241, § 51; SDCL Supp, § 46-17A-50; SL 1988, ch 363, § 4; SL 1989, ch 385, § 22.
S.D. Codified Laws § 46A-13-16 — SD Code / Title 46A / Chapter 13 / Section 46A-13-16
Estimation of total cost of construction of proposed improvement of interstate drainage project
Status: in_force

In estimating the probable total cost of the construction of such improvement, all damages resulting therefrom and all expenses and fees attending the same, including counsel fees, except the expenses of the representatives of the various states, may be included.

Source: SDC 1939, § 61.1107; SDCL, § 46-23-16.
S.D. Codified Laws § 46-5-7 — SD Code / Title 46 / Chapter 5 / Section 46-5-7
Priority of appropriation--Date of filing application
Status: in_force

As between appropriators, the first in time is the first in right. The priority of the appropriation shall date from the time of filing of the application therefor in the office of the Water Management Board.

Source: SDC 1939, § 61.0102; SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0109.
S.D. Codified Laws § 46-2-7.1 — SD Code / Title 46 / Chapter 2 / Section 46-2-7.1
Minutes and records of board actions
Status: in_force

The Water Management Board shall keep accurate minutes and records of its actions. The records shall show in full all permits and licenses issued, together with all related action, and all acts or decisions of the board affecting any rights or claims to appropriate water.

Source: SL 1983, ch 314, § 22.
S.D. Codified Laws § 46A-7-42 — SD Code / Title 46A / Chapter 7 / Section 46A-7-42
Land sold at tax sale to district--Tax deed, issuance to holder of certificate of tax sale in the absence of redemption
Status: in_force

When there has been no redemption of the land so sold at tax sale to an irrigation district, or to any other person, or of the land struck off to the county for which a certificate of sale has been assigned to an irrigation district, or to any other person, in the manner and within the time prescribed for the redemption of lands from such tax sales, the county treasurer shall issue a tax deed therefor to such irrigation district, or other holder of a certificate of sale. The holder of such certificate of tax sale, whether said holder be an irrigation district or an individual, may at any time after the expiration of two years from the date of sale, if the same has not been redeemed within said period, apply to the county treasurer, as provided by law, for the issuance of a tax deed to said property, and upon such application the county treasurer shall issue such tax deed in manner and form provided by law to said holder.

Source: SDC 1939, § 61.0914; SDCL, § 46-15-42.
S.D. Codified Laws § 46A-10A-72 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-72
Open ditches restricted along highways
Status: in_force

No open ditch may be constructed within the limits of any public highway unless the topography makes such construction advisable. If construction is advisable, the ditch shall be located at a sufficient distance from the center of the highway to permit construction of a highway of standard width.

Source: SL 1985, ch 362, § 73.
S.D. Codified Laws § 46A-10A-7 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-7
Assistance by units of state government--Expense reimbursement
Status: in_force

Any unit of state government may offer such technical assistance as it is able to any board or commission requesting such assistance. However, such technical assistance may not include granting a permit, settling a dispute, accepting a plan, establishing a coordinated drainage area, or performing any other decision function relegated to boards or commissions under the provisions of this chapter and chapter 46A-11 . A unit of state government providing technical assistance may require reasonable reimbursement for its expenses. The provisions of this section do not prohibit the Water Management Board from taking action or providing assistance pursuant to the provisions of this section and §§ 46A-10A-9.1 to 46A-10A-9.5 , inclusive.

Source: SL 1985, ch 362, § 8; SL 1987, ch 336, § 1.
S.D. Codified Laws § 46-2A-13 — SD Code / Title 46 / Chapter 2A / Section 46-2A-13
Well driller or well pump installer license--Issuance by chief engineer--Procedure on denial or deferral of decision
Status: in_force

In the case of an application for a well driller license or a well pump installer license, the chief engineer may issue the license. If the chief engineer's recommendation is to deny the license or to defer the decision on the license, the chief engineer shall mail a copy of the recommendation to the applicant with a statement of the reasons for the recommendation and the time and place of the hearing before the Water Management Board on the recommendation, in accordance with the provisions of chapter 1-26 .

Source: SL 1983, ch 316, § 10; SL 2001, ch 241, § 4.
S.D. Codified Laws § 46A-10A-31.2 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-31.2
Local governments exempt from recording requirements
Status: in_force

No county, municipality, or township may be required to record any highway right - of - way as a drainage right pursuant to this chapter.

Source: SL 1987, ch 339.
S.D. Codified Laws § 46-5-11 — SD Code / Title 46 / Chapter 5 / Section 46-5-11
Application--Information required
Status: in_force

Water Management Board rules shall, in addition to providing the form and manner of preparing and presenting an application, require the applicant to state the amount of water, periods of annual use, and all other data necessary for proper description and limitation of the right applied for, together with such information, maps, field notes, plans, and specifications as may be necessary to show the method and practicability of construction.

Source: SDC 1939, § 61.0122; SL 1955, ch 430, § 1; SL 1957, ch 490, § 1; SDC Supp 1960, § 61.0110; SL 1983, ch 314, § 49; SL 2011, ch 165, § 267.
S.D. Codified Laws § 46A-4-36 — SD Code / Title 46A / Chapter 4 / Section 46A-4-36
Canvass of votes by board--Time and place
Status: in_force

The board of directors shall meet at its usual place of meeting on the first Monday after each election and canvass the return. If at the time of meeting the returns from each precinct in the district in which the polls were opened have been received, the board of directors shall proceed to canvass the returns. However, if some of the returns have not been received, the canvass shall be postponed from day to day until all the returns have been received, or until postponements have been had. The canvass shall be made in public and by opening the returns and ascertaining the vote of the district for each person voted for and declaring the results of the canvass. No list, tally paper, or certificate returned from any election may be set aside or rejected for want of form if it can be satisfactorily understood.

Source: SDC 1939, § 61.0807; SDCL § 46-12-35 ; SL 2011, ch 165, § 342.
S.D. Codified Laws § 46A-18-7 — SD Code / Title 46A / Chapter 18 / Section 46A-18-7
Organization of district within or partly within boundaries of another district
Status: in_force

Nothing in this chapter prevents the organization of a district within, or partly within, the territorial boundaries of another district organized hereunder or of another district organized under the provisions of Title 46A, so long as the Board of Water and Natural Resources certifies that the works, the operations of the works, the exercise of powers, and the assumptions of duties and responsibilities on the part of such district will not nullify or unreasonably conflict with those on the part of the other district.

Source: SL 1984, ch 293, § 6.
S.D. Codified Laws § 46A-7-34 — SD Code / Title 46A / Chapter 7 / Section 46A-7-34
Bond series lien preferences--Federal contract payments lien preferences
Status: in_force

The lien for the bonds of any series may be on a parity with or a preferred lien to that of any subsequent series, and the lien for the payments due to the United States under any contract between the district and the United States, accompanying which bonds have not been deposited with the United States, may be a preferred lien to that of any issue of bonds or any series of any issue subsequent to the date of such contract.

Source: SDC 1939, § 61.0911; SDCL, § 46-15-34; SL 1976, ch 277, § 20.
S.D. Codified Laws § 46A-6-39 — SD Code / Title 46A / Chapter 6 / Section 46A-6-39
Borrowing to make payments on federal contracts
Status: in_force

The board of directors of any irrigation district in this state sustaining contractual relations with the United States may borrow funds for the purpose of making any necessary payments on the contracts, and may pledge the credit of the district for the payment of the contracts.

Source: SDC 1939, § 61.0814; SDCL § 46-14-38; SL 2011, ch 165, § 408.
S.D. Codified Laws § 46A-8-6 — SD Code / Title 46A / Chapter 8 / Section 46A-8-6
Assessments against shareholders--Purpose--Bylaws--Nonpayment
Status: in_force

Any water users' association organized under the laws of this state and in conformity with the requirements of the United States under the Reclamation Act of June 17, 1902, as amended to January 1, 2011, and which, under its articles of incorporation, may furnish water only to its shareholders, may, for the purpose of raising revenue necessary for the accomplishment of the purposes of the association, levy assessments from time to time, as required, against its shareholders. The shareholders may make and enforce the necessary bylaws for the making, levying, collecting, and enforcing of the assessments. The nonpayment of any of the assessments is not a bar to the levying and collecting of other assessments against the same shareholders.

Source: SDC 1939, § 61.0201; SDCL § 46-11-6; SL 2011, ch 165, § 463.
S.D. Codified Laws § 46A-10A-121 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-121
Record of official acts and proceedings--Filing of financial report--Examination of report
Status: in_force

The board of trustees shall keep and maintain a written record of all their official acts and proceedings. The board of trustees shall, on or before January thirty - first of each year, file a financial report of the previous calendar year with the county auditor. When the Department of Legislative Audit examines other county records, it shall examine the financial report of the board of trustees of the drainage district.

Source: SL 1997, ch 256, § 24.
S.D. Codified Laws § 46A-18-20 — SD Code / Title 46A / Chapter 18 / Section 46A-18-20
Establishment of district--Vote required
Status: in_force

If at least sixty percent of the votes cast in an election are in favor of formation of the water project district, the Board of Water and Natural Resources shall by resolution create and establish the water project district and give it a corporate name. Upon filing of a true copy of the resolution with the secretary of state, the district shall become a political subdivision of the state with the authority, power, and duties prescribed by this chapter.

Source: SL 1984, ch 293, § 19.
S.D. Codified Laws § 46A-10A-43.2 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-43.2
Signing of petition--Contents
Status: in_force

The petition shall be signed by sixty percent of the resident landowners served by the drain. The petition shall describe the past plan of voluntary contributions, describe the drain by its initial point, terminal point, and general course, or by its exact course in whole or in part, provide a general description of the territory likely to be affected and list the owners of the land served, if known. The petition shall include a statement that the owners agree to the future maintenance and assessment of the drain by the board.

Source: SL 1988, ch 366, § 2.
S.D. Codified Laws § 46A-2-28 — SD Code / Title 46A / Chapter 2 / Section 46A-2-28
Federal contracts for multi-purpose projects--Mandatory contract terms
Status: in_force

No conservancy district, water development district, irrigation district, or other political subdivision may enter into a contract with the federal government for construction, management, or maintenance of an irrigation or other multi - purpose water project, unless the contract contains provisions to effectuate the following requirements:

(1) That the state and local contracting entity shall assist in identifying lands to be purchased or used for project features;

(2) That state and local contracting entity representatives shall accompany federal representatives during land acquisition negotiations in order to protect state and local interests;

(3) That land owners directly affected by water diversion and other project features be given preference for water use within the purposes for which the project was designed and authorized;

(4) That the state and the local contracting entity shall be involved early in all federal project planning to assure that project features are designed in such a manner as to minimize the need for wildlife mitigation and land acquisition; and

(5) That wildlife benefits of project features shall be considered in determining overall project impact on wildlife.

Source: SL 1980, ch 307, § 1; SDCL Supp, § 46-17-24.2; SL 1984 (SS), ch 1, § 64.
S.D. Codified Laws § 46A-14-35 — SD Code / Title 46A / Chapter 14 / Section 46A-14-35
Oath of office of managers--Filing with conservation district
Status: in_force

Within thirty days after the establishment of the watershed district, the managers shall meet at the designated principal place of business of the district and shall take and subscribe the oath as defined in the Constitution of South Dakota. These oaths shall be filed with the conservation district which contains the majority of the lands of the district.

Source: SL 1957, ch 492, § 15; SL 1959, ch 452, § 12; SDC Supp 1960, § 61.1515; SDCL § 46-24-35; SL 1978, ch 336; SL 2013, ch 228, § 27.
S.D. Codified Laws § 46A-3A-16 — SD Code / Title 46A / Chapter 3A / Section 46A-3A-16
Additions and withdrawals of territory
Status: in_force

After a water development district has been established pursuant to chapters 46A-3A to 46A-3E , inclusive, any contiguous county, township, or group of townships may be added to and become a part of the district if:

(1) The board of the water development district submits to the Board of Water and Natural Resources a resolution supporting the addition; and

(2) A majority of the votes cast on the question in the area proposed for addition support the addition.

Any county or that portion of a county included within a district may withdraw from the district if a majority of the votes cast on the question in the area proposed for withdrawal support the withdrawal.

Any proposal for an addition or withdrawal, as provided for in this section, must be in the form of a written resolution or petition to the Board of Water and Natural Resources.

A resolution proposing an addition or withdrawal, as provided for in this section, must be approved by a four-fifths vote of the board of county commissioners.

The petition proposing an addition or withdrawal must be signed by voters at least equal in number to five percent of the votes cast within the area in the most recent gubernatorial election. The county auditor in each county where a petition is circulated shall verify the signatures on the petition.

The resolution or petition must state whether the election is for the purpose of becoming a part of or withdrawing from an existing district. The resolution or petition must be presented to the Board of Water and Natural Resources not more than one hundred twenty days nor less than ninety days before a regularly scheduled general election.

Upon receipt of the resolution or petition, the Board of Water and Natural Resources must place the question of the addition or withdrawal on the ballot at the next regularly scheduled general election.

Source: SL 1984 (SS), ch 1, § 13; SL 2010, ch 216, § 2; SL 2025, ch 186, § 18.
S.D. Codified Laws § 46A-10B-41 — SD Code / Title 46A / Chapter 10B / Section 46A-10B-41
Petition to suspend or cancel project--Content and form
Status: in_force

Two - thirds of the owners of real property within the district may petition the circuit court to suspend or cancel a project, facility, or program of the district that has been planned or is underway. A petition for cancellation or suspension of a project shall be in the same form as a dissolution petition as provided in § 46A-10B-37 and shall also include the following information:

(1) The name of the drainage basin utility district;

(2) A description of the project, facility, or program to be cancelled or suspended;

(3) A statement of the reasons for the cancellation or suspension of the project, facility, or program; and

(4) The name, address, and phone number of the petition circulator.

Source: SL 1989, ch 388, § 48.
S.D. Codified Laws § 46A-18-36 — SD Code / Title 46A / Chapter 18 / Section 46A-18-36
Compensation and reimbursement of expenses--Directors--Vouchers
Status: in_force

The board of directors of a water project district shall establish amounts to reimburse each district director for expenses for lodging, meals, and mileage, and to provide compensation for each day of actual service for traveling to, attending, and returning from a meeting, hearing, or any other official activity required of the water project district board. Any reimbursement or compensation authorized by this section must be paid on vouchers verified and approved according to procedures determined by the board.

Source: SL 1984, ch 293, § 35; SL 2023, ch 153, § 1.
S.D. Codified Laws § 46A-18-2.1 — SD Code / Title 46A / Chapter 18 / Section 46A-18-2.1
Voting restricted to qualified voters
Status: in_force

Except as provided in § 46A-18-2.2 , and except as otherwise provided in this chapter, no person may vote in any election held pursuant to this chapter unless the person is a qualified voter of the water project district. A qualified voter of the district is a person who is a registered voter and a resident of the district. If the election is conducted based on director divisions, no person may vote in the election unless the person is a qualified voter of the person's respective director division. A qualified voter of a director division is a person who is a registered voter and a resident of the director division.

Source: SL 2007, ch 257, § 1; SL 2011, ch 35, § 3.
S.D. Codified Laws § 46A-10B-9 — SD Code / Title 46A / Chapter 10B / Section 46A-10B-9
Agreement to designate and define composition of governing body--Requirements--Powers
Status: in_force

The joint powers agreement establishing a drainage basin utility district shall designate and define the composition and powers of the governing body of the district, consistent with the provisions of this chapter. The governing body shall include at least two representatives of each county and each municipality included wholly or partially within the district, and each representative shall have one vote on matters coming before the governing body.

Matters coming before the governing body shall be decided by majority vote of the representatives included in the governing body. The governing body shall annually elect from among its membership a chairman, vice - chairman, secretary, and treasurer, and the governing body may employ staff as necessary, pursuant to § 46A-10B-13 .

Source: SL 1989, ch 388, § 12.
S.D. Codified Laws § 46A-10A-88 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-88
Assessment of maintenance and improvement costs
Status: in_force

Costs of cleaning, maintaining, repairing, or improving drainage may be assessed against all land in a drainage project in the same proportion as fixed for the project. Such assessments shall be made as are other assessments for construction of drainage and all finance and enforcement provisions of law relating to assessments for the original construction of the project shall govern assessments for maintenance, cleaning, improvement, and general and emergency repairs.

Source: SL 1985, ch 362, § 89.
S.D. Codified Laws § 46A-2-34 — SD Code / Title 46A / Chapter 2 / Section 46A-2-34
Generation and sale of hydroelectric power authorized
Status: in_force

The Board of Water and Natural Resources may generate or sell hydroelectric power.

Source: SL 1959, ch 453, § 8; SDC Supp 1960, § 61.1408 (8); SDCL, § 46-17-27; SL 1982, ch 313, § 3.
S.D. Codified Laws § 46A-4-60 — SD Code / Title 46A / Chapter 4 / Section 46A-4-60
Board order for election on filing of protests--Publication of notice--Ballots--Boundary descriptions
Status: in_force

Upon the adoption of the resolution specified in § 46A-4-57 , if twenty-five percent of the electors of the district have made written protests against the proposed inclusion of lands within the district and have not withdrawn the protests, the board of directors shall order that an election be held within the district to determine whether the boundaries of the district shall be changed as mentioned in the resolution, and shall fix the time at which the election shall be held. The board shall cause notice of the election to be given, posted, and published, and the election shall be held and conducted. The returns of the election shall be made and canvassed, the result of the election ascertained and declared, and all things pertaining to the election conducted in the manner prescribed by chapter 46A-6 in case of a special election to determine whether bonds of an irrigation district shall be issued. The ballots cast at the election shall contain the words, "for change of boundary" or "against change of boundary," or equivalent terms. The notice of election shall describe the boundaries in such manner and terms that the boundary can be readily traced.

Source: SDC 1939, § 61.0824; SDCL § 46-12-59; SL 1976, ch 277, § 1; SL 2011, ch 165, § 356.
S.D. Codified Laws § 46A-9-74 — SD Code / Title 46A / Chapter 9 / Section 46A-9-74
Dissolution complete upon resolution of board canvassing vote--Filing
Status: in_force

Dissolution of the water user district shall be completed upon resolution of the board of directors canvassing the vote and declaring that a majority of the qualified voters voting on the question have voted in favor of dissolution. A verified copy of the resolution shall be filed in the office of the Department of Agriculture and Natural Resources and in the office of the county auditor of each county in which any portion of the district lies.

Source: SL 1939, ch 291, § 19; SDC Supp 1960, § 61.1318; SDCL § 46-16-72; SL 2011, ch 165, § 489; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 46A-18-2.2 — SD Code / Title 46A / Chapter 18 / Section 46A-18-2.2
Conditions for specifying qualified voter of district or director division is owner of real property located within district or director division
Status: in_force

If fewer than one hundred fifty persons reside within the boundaries of an existing water project district on July 1, 2011, the board of directors of the district may, by a resolution adopted not later than July 1, 2014, specify that a qualified voter of the district or director division is an owner of real property located within the district or director division, rather than a registered voter and resident of the district or director division.

For purposes of this section, the term, owner of real property, includes any person listed as the owner of real property in the records in the office of the register of deeds of the county in which the property is located. If real property is sold under a contract for deed that is of record in the office of the register of deeds, the purchaser of the real property, as named in the contract for deed, is treated as the owner. A landowner or joint landowners who own a tract of land within the district are entitled to one vote collectively. The vote of any person who is a minor or a protected person as defined by § 29A-5-102 , may be cast by the parent, conservator, or legal representative of the minor or protected person.

Source: SL 2011, ch 35, § 4.
S.D. Codified Laws § 46A-7-20 — SD Code / Title 46A / Chapter 7 / Section 46A-7-20
Taxes received for capital projects and general funds--Remittance by county treasurer
Status: in_force

All such taxes collected or received for the district capital projects and general funds, either in money, interest coupons, or warrants on general fund, by the treasurer of any county other than the one in which the district was originally organized shall be remitted by him to the treasurer of the county in which the district was originally organized, such remittance to be made on the fifth day of each and every month. All such taxes collected or received for the general fund of such district by the treasurer of the county in which the district was originally organized shall be paid to the treasurer of such irrigation district, upon an order signed by the president and secretary of such district, and all warrants received in payment of general fund taxes as provided in § 46A-7-19 may be turned over, as so much money, to the district treasurer on such order.

Source: SDC 1939, § 61.0907; SL 1949, ch 435, § 3; SDCL, § 46-15-20.
S.D. Codified Laws § 46-10-2 — SD Code / Title 46 / Chapter 10 / Section 46-10-2
Jurisdiction and venue of action for general adjudication
Status: in_force

The court in which any action involving the general adjudication of water rights or rights to use water may be properly brought, shall have exclusive jurisdiction to hear and determine all questions necessary for the adjudication of all water rights and the rights to use water within the river system and all other sources involved; and the attorney general may bring suit as provided by law in any court having jurisdiction over any part of the river system and all other sources, which shall likewise have exclusive jurisdiction for such purposes.

Source: SDC 1939, § 61.0119; SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0154; SL 1980, ch 305, § 2.
S.D. Codified Laws § 46A-4-94 — SD Code / Title 46A / Chapter 4 / Section 46A-4-94
Disposal of property--Payment of obligations--Report of board--Filing and recording--Contents--Time for action on unpaid claim
Status: in_force

After all the property of the district is disposed of and all of the obligations of such district are paid, the directors of the district shall file in the office of the county auditor of each county in which the district is located, and in the office of the Board of Water and Natural Resources, a report attested by the secretary and under the seal of the board of directors, stating that the district has disposed of its property and franchises and is disorganized and dissolved. The report shall be recorded in the miscellaneous record of the counties. If any person who has any claim against the district that is not settled or disposed of at the time of the filing of the report fails or neglects to bring suit upon the claim within five years from the time of the filing of the report, the claim is forever barred against the district as well as against all persons and property in the district.

Source: SDC 1939, § 61.0848; SDCL § 46-12-89; SL 2011, ch 165, § 376.
S.D. Codified Laws § 46A-14-76 — SD Code / Title 46A / Chapter 14 / Section 46A-14-76
Services performed by county officials and Board of Water and Natural Resources free of charge
Status: in_force

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

Source: SL 1957, ch 492, § 32; SL 1959, ch 452, § 26; SDC Supp 1960, § 61.1532; SDCL, § 46-24-75.
S.D. Codified Laws § 46A-4-2 — SD Code / Title 46A / Chapter 4 / Section 46A-4-2
Elector defined
Status: in_force

The term, elector, as used in this chapter and chapters 46A-5 to 46A-7 , inclusive, means any person, the United States of America, the State of South Dakota or any political subdivision of the state, or any corporation authorized to do business in the state and owning not less than thirty-five acres of land within any district. If the elector is the owner or entryman of land in more than one division of the irrigation district and resides without the district, the elector is considered an elector in the division of the district in which the major portion of the elector's land is situated. If the qualifying thirty-five acres or more of land is sold under a 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 an elector.

Source: SDC 1939, § 61.0801; SL 1947, ch 417, § 1; SL 1963, ch 455, § 1; SDCL § 46-12-2; SL 1979, ch 299, § 1; SL 1984, ch 294, § 2; SL 2011, ch 165, § 331.
S.D. Codified Laws § 46A-5-28 — SD Code / Title 46A / Chapter 5 / Section 46A-5-28
Appropriation from district general fund for advertising
Status: in_force

The board of directors of any irrigation district may appropriate money from its general fund for the purpose of advertising the district's possibilities and advantages to the world as a home and as a location for agriculture, factories, and other legitimate enterprises. The appropriation may not exceed the sum of two and one-half cents for each irrigable acre within the irrigation district.

Source: SDC 1939, § 61.0854; SDCL § 46-13-28; SL 2011, ch 165, § 391.
S.D. Codified Laws § 46A-18-61 — SD Code / Title 46A / Chapter 18 / Section 46A-18-61
Acceptance of grants and gifts
Status: in_force

Any district organized pursuant to this chapter may obtain grants or loans from any federal or state agency pursuant to any acts of Congress or the Legislature independently or in conjunction with any other power conferred by this chapter and may accept, from private owners or other sources, gifts, deeds, or instruments of trust or title relating to any form of property.

Source: SL 1984, ch 293, § 60.
S.D. Codified Laws § 46A-9-49 — SD Code / Title 46A / Chapter 9 / Section 46A-9-49
Grants or loans--Gifts
Status: in_force

Any water user district organized under this chapter may exercise any power conferred by this chapter for the purpose of obtaining grants or loans or both from any federal agency pursuant to or by virtue of any acts of Congress independently or in conjunction with any other power or powers conferred by this chapter, or heretofore or hereafter conferred by any other law. The district may accept from private owners or other sources, gifts, deeds, or instruments of trust or title relating to land, water rights, and any other form of property.

Source: SL 1939, ch 291, § 11; SDC Supp 1960, § 61.1311; SDCL § 46-16-47; SL 2011, ch 165, § 483.
S.D. Codified Laws § 46A-1-2.1 — SD Code / Title 46A / Chapter 1 / Section 46A-1-2.1
Legislative findings--Water resources projects
Status: in_force

The Legislature finds that the following water resources projects are necessary for the general welfare of the people of this state and authorizes the projects, pursuant to § 46A-1-2 , to be included in the state water resources management system, to serve as the preferred, priority objectives of the state:

(1) Belle Fourche irrigation upgrade project;

(2) Big Sioux flood control study;

(3) Hydrology and water management studies, to manage and protect state water resources for current and future generations;

(4) Cendak irrigation project;

(5) Dakota Mainstem regional water system study;

(6) Lake Andes-Wagner/Marty II irrigation unit;

(7) Lewis and Clark rural water system;

(8) Sioux Falls flood control project;

(9) Vermillion basin flood control project;

(10) Water Investment in Northern South Dakota project; and

(11) Western Dakota Regional Water System study.

Source: SL 1988, ch 362, § 17; SL 1989, ch 385, § 19; SL 1994, ch 346, § 13; SL 2000, ch 218, § 6; SL 2004, ch 52, § 4, eff. Feb. 25, 2004; SL 2006, ch 227, § 2, eff. Feb. 17, 2006; SL 2008, ch 235, § 7, eff. Feb. 27, 2008; SL 2011, ch 200, § 11, eff. Mar. 15, 2011; SL 2012, ch 221, § 3, eff. Mar. 2, 2012; SL 2015, ch 224, § 1, eff. Mar. 12, 2015; SL 2020, ch 194, § 1, eff. Mar. 27, 2020; SL 2023, ch 149, § 1, eff. Mar. 15, 2023; SL 2024, ch 183, § 1, eff. Feb. 15, 2024; SL 2024, ch 182, § 1.
S.D. Codified Laws § 46-10-6 — SD Code / Title 46 / Chapter 10 / Section 46-10-6
Action for general adjudication or to determine conflicting rights--Proof of notice of suit to water management board
Status: in_force

No final decree may be issued in any action for general adjudication or in an action for determination of conflicting water rights unless it appears that the water management board has had reasonable notice of the suit.

Source: SDC 1939, § 55.1811; SL 1980, ch 305, § 13.
S.D. Codified Laws § 46A-3A-14 — SD Code / Title 46A / Chapter 3A / Section 46A-3A-14
Separate districts for election--Approval by only some districts--Petition to withdraw--Election
Status: in_force

The Board of Water and Natural Resources shall, by resolution, establish a water development district consisting of those election districts in which the requisite vote of approval was cast.

Any election district included in the establishment of a water development district, in accordance with this section, may withdraw from the water development district by filing a petition with the board. The petition requesting withdrawal must:

(1) Be signed by fifteen percent of the voters residing in the election district;

(2) Contain the same information with respect to the signers as required for a petition to establish a water development district;

(3) Be verified in the same manner as required for a petition to establish a water development district; and

(4) Be filed with the board on or before the sixtieth day after the election.

The question regarding the withdrawal of an election district from the water development district must be referred to the voters of the election district at the next general election.

Source: SL 1984 (SS), ch 1, § 13G; SL 2016, ch 217, § 2; SL 2025, ch 186, § 16.
S.D. Codified Laws § 46-5-34.1 — SD Code / Title 46 / Chapter 5 / Section 46-5-34.1
Transfer of irrigation rights apart from land--Restricted purposes--Protection of other users
Status: in_force

The provisions of §§ 46-5-33 and 46-5-34 notwithstanding, irrigation rights may be transferred apart from the land to which they are appurtenant if they are transferred for domestic use or use within a water distribution system. Such irrigation rights may be transferred or leased in whole or in part and may be acquired only through the exercise of powers possessed independently of this section. No transfer, however, may be approved by the Water Management Board unless the transfer can be made without detriment to existing rights having a priority date before July 1, 1978, or to individual domestic users. No land which has had an irrigation right transferred from it pursuant to this section, may qualify for another irrigation right from any water source.

Source: SL 1978, ch 320; SL 1983, ch 314, § 65; SL 1989, ch 383; SL 1992, ch 314; SL 1994, ch 345.
S.D. Codified Laws § 46A-1-95 — SD Code / Title 46A / Chapter 1 / Section 46A-1-95
Clean lakes program, nonpoint source program, water quality monitoring program, and wetland grant program established
Status: in_force

The state clean lakes program, the nonpoint source program, water quality monitoring program, and wetlands grant program are established. All federal pass-through grant funds, not to exceed six million dollars annually, received for use in the programs are hereby continuously appropriated to the secretary of the Department of Agriculture and Natural Resources. Money received for these programs may be used only for purposes authorized by the federal Clean Water Act as amended to January 1, 2009, and shall be provided according to the terms and conditions established by the secretary.

Source: SL 1996, ch 265, § 12; SL 2009, ch 229, § 12, eff. Mar. 4, 2009; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 46A-2-1 — SD Code / Title 46A / Chapter 2 / Section 46A-2-1
Creation of South Dakota Conservancy District--Boundaries--Powers
Status: in_force

There is hereby created within the State of South Dakota, a conservancy district, to be known as the "South Dakota Conservancy District." The boundaries of the district shall coincide in all particulars with the boundaries of the State of South Dakota. Such district is a governmental agency, body politic and corporate with authority to exercise the powers specified in this chapter.

Source: SL 1959, ch 453, § 5; SDC Supp 1960, § 61.1405; SDCL, § 46-17-4; SL 1987, ch 29, § 56.
S.D. Codified Laws § 46A-10A-40 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-40
Affected person's right to be heard--Resolution adopting or rejecting proposal--Review, publication, and effective date of adoption--Election
Status: in_force

At any public hearing held pursuant to § 46A-10A-39 , any affected person may appear and request or protest the requested change. The board or commission shall thereafter by resolution either adopt or reject such change, modification, or repeal and, if it is adopted by the board or commission, a summary shall be prepared by the board or commission, shall be reviewed by the state's attorney, shall be published once in the official newspaper in the county and shall take effect on the twentieth day after its publication. The provisions of § 46A-10A-25 are applicable hereto.

Source: SL 1985, ch 362, § 40.
S.D. Codified Laws § 46A-9-39 — SD Code / Title 46A / Chapter 9 / Section 46A-9-39
Powers of district
Status: in_force

A water user district organized under the provisions of this chapter has the powers provided by §§ 46A-9-40 , 46A-9-41 , and §§ 46A-9-43 to 46A-9-45 , inclusive, and may own, have, or exercise the rights, privileges, and franchises provided by those sections.

Source: SL 1939, ch 291, § 7; SDC Supp 1960, § 61.1307; SDCL § 46-16-38; SL 2011, ch 165, § 477.
S.D. Codified Laws § 46A-14-77 — SD Code / Title 46A / Chapter 14 / Section 46A-14-77
Annual reports of district engineer, secretary, and managers
Status: in_force

The engineer of the district shall make a full report to the managers each year or more often if necessary. At the end of each year the secretary-treasurer shall make a report to the managers. The managers shall annually make and file a report of financial conditions of the district, the status of all projects and work, the business transacted by the district, and other matters affecting the interests of the district.

Source: SL 1957, ch 492, § 19; SDC Supp 1960, § 61.1519; SDCL § 46-24-76; SL 1995, ch 253, § 11; SL 2013, ch 228, § 50.
S.D. Codified Laws § 46A-18-41 — SD Code / Title 46A / Chapter 18 / Section 46A-18-41
Priority of projects--Reports by engineer on each project--Contents
Status: in_force

Upon adoption of a general improvement plan or amendment, the district directors shall set the order in which specific projects in the plan shall be undertaken and shall obtain accurate surveys of the projects by a competent engineer. The engineer shall make written reports showing the amount, character, and kind of work to be done and the location and estimated cost of the work.

Source: SL 1984, ch 293, § 40; SL 1990, ch 366, § 11; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 1995, ch 253, § 17.
S.D. Codified Laws § 46A-11-34 — SD Code / Title 46A / Chapter 11 / Section 46A-11-34
Determination of amount required to pay principal and interest on outstanding bonds by board of county commissioners--Time for making--New apportionment of assessment against lands, collection
Status: in_force

Not later than its October meeting each year, the board shall calculate the funding required during the ensuing year to pay principal and interest on outstanding bonds on account of any projects for which assessments have been extended and the funding realized from assessments levied on real property not then in default in payment of taxes or assessments. If the board determines that the funding will not be sufficient to pay interest and principal, the board shall make a new apportionment of assessment against lands charged with the cost of the project and the assessment shall be extended, collected, and paid in the same manner as other project assessments.

Source: SDC 1939, § 61.1022; SDCL, § 46-21-34; SL 1985, ch 362, § 131.
S.D. Codified Laws § 46A-10B-12 — SD Code / Title 46A / Chapter 10B / Section 46A-10B-12
Drainage basin utility district as municipal utility
Status: in_force

Any drainage basin utility district, whether it is located inside or outside the boundaries of a municipality, is a municipal utility as defined in § 9-40-2 . In administering the affairs of the district, the governing body may exercise, in addition to the powers granted in this chapter, the statutory powers granted to municipalities for the operation and administration of municipal utilities.

Source: SL 1989, ch 388, § 15.
S.D. Codified Laws § 46A-4-74 — SD Code / Title 46A / Chapter 4 / Section 46A-4-74
Exclusion of land from irrigation district--Effect of change on office of director
Status: in_force

If the lands excluded from any district shall embrace the greater portion of any division or divisions of such district, then the office of director for such division shall become and be vacant at the expiration of ten days from the final order of the board of directors excluding the lands, and such vacancy shall be filled by appointment as provided by this chapter.

Source: SDC 1939, § 61.0838; SDCL, § 46-12-73.
S.D. Codified Laws § 46A-1-80.1 — SD Code / Title 46A / Chapter 1 / Section 46A-1-80.1
Ownership of dredges and money transferred to South Dakota Lakes and Streams Association--Reversion
Status: in_force

All interest, title, and rights of ownership in the two eight-inch dredges and one ten-inch dredge and associated equipment and any money are hereby transferred to the South Dakota Lakes and Streams Association, for use in the restoration of lakes and streams, with priority given to lakes and streams in South Dakota. This transfer is effective only for so long as the dredges are owned by the association and are used for the above purpose. If the South Dakota Lakes and Streams Association ceases to exist or apply the dredges to the above purpose, all right, title, and interest in the dredges revert to the State of South Dakota. In the event of such reversion, the Bureau of Human Resources and Administration shall sell the dredges to the highest bidder, notwithstanding any requirements of chapter 5-24A in regard to minimum bids.

Source: SL 1993, ch 48, § 46; SL 2002, ch 202, § 1; SL 2006, ch 2, § 37; SL 2011, ch 2, § 147; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 46A-9-18 — SD Code / Title 46A / Chapter 9 / Section 46A-9-18
Board of directors--Qualification upon filing certificate of organization--Vacancy created by failure to qualify--First meeting
Status: in_force

Immediately upon the filing of said certificate in the Office of the Secretary of State and a certified copy thereof in the office of each such county auditor, the members of the board of directors named in the petition shall qualify as provided for in this chapter and immediately assume the duties of their office. Failure or refusal to qualify within a period of fifteen days thereafter shall be deemed to create a vacancy which shall be filled as in this chapter provided. The first meeting of the board of directors shall be called by the director first named in the petition who qualifies.

Source: SL 1939, ch 291, § 4; SL 1943, ch 310; SDC Supp 1960, § 61.1304 (1); SDCL, § 46-16-17.
S.D. Codified Laws § 46A-11-15 — SD Code / Title 46A / Chapter 11 / Section 46A-11-15
Discharge of assessments for drainage--Land not discharged until bond issue paid
Status: in_force

Assessments may be paid in full at any time and full discharge given by the county treasurer to any landowner. However, if bonds have been issued, a payment of assessment may not operate as a discharge of the land from its liability in favor of the bonds until the entire principal and interest have been fully paid.

Source: SDC 1939, § 61.1015; SDCL, § 46-21-15; SL 1985, ch 362, § 112.
S.D. Codified Laws § 46A-11-17 — SD Code / Title 46A / Chapter 11 / Section 46A-11-17
Assessments for drainage against municipalities--Tax levy by municipal officials--Enforcement and collection
Status: in_force

If an assessment for drainage or installment has been made against any county, municipality, or township, the officers of the unit of government whose duty it is to levy taxes shall at the next annual tax levy make a levy for drainage purposes in an amount necessary to pay the assessment and remit it to the proper officers as provided for other taxes. The levy and tax shall be enforced and collected in all respects as are other taxes.

Source: SDC 1939, § 61.1008; SDCL, § 46-21-17; SL 1985, ch 362, § 114; SL 1992, ch 60, § 2.
S.D. Codified Laws § 46A-14-61 — SD Code / Title 46A / Chapter 14 / Section 46A-14-61
Taxes collected by county officials--Delivery to district secretary-treasurer
Status: in_force

After collection the appropriate county officials shall each month deliver the taxes collected on behalf of the district to the district secretary - treasurer.

Source: SL 1957, ch 492, § 23; SL 1959, ch 452, § 18; SDC Supp 1960, § 61.1523 (5)(c); SDCL, § 46-24-60.
S.D. Codified Laws § 46A-9-33 — SD Code / Title 46A / Chapter 9 / Section 46A-9-33
Reimbursement of expenses and compensation of board members
Status: in_force

Each water user district board of directors shall establish amounts to reimburse board members for expenses for lodging, meals, and mileage and to provide compensation for each day of actual service for traveling to, attending, and returning from meetings, hearings, or investigations of the water use district board. Such reimbursement and compensation shall be paid on vouchers duly verified and approved accordingly to procedures determined by the board.

Source: SL 1939, ch 291, § 6; SDC Supp 1960, § 61.1306; SDCL § 46-16-33; SL 1981, ch 318; SL 1987, ch 335; SL 2001, ch 243, § 1; SL 2011, ch 202, § 1.
S.D. Codified Laws § 46A-9-32 — SD Code / Title 46A / Chapter 9 / Section 46A-9-32
Vacancies on board of directors--Declaration of existence--Filling--Member elected to fill, term of office
Status: in_force

Vacancies on the board of directors by reason of death, disability, failure to hold land in the water user district, or in the election division if election divisions are provided for, or otherwise shall be declared to exist and shall be filled by the board of directors, and the members thus elected to fill vacancies shall serve until members to fill out the remainder of such terms respectively may be elected at the next succeeding district election.

Source: SL 1939, ch 291, § 5; SDC Supp 1960, § 61.1305 (1); SDCL, § 46-16-32.