S.D. Codified Laws § 46A-1-67 — SD Code / Title 46A / Chapter 1 / Section 46A-1-67
Term of loans--Capitalization and refinancing of loans for purposes other than construction
Status: in_force

Loans from the South Dakota water and environment fund shall be for a term of years established by the board but may not exceed forty years for construction loans except as provided in § 46A-1-69 , the useful life of the equipment for equipment loans, or seven years for loans for other purposes. Loans made for purposes other than construction may, however, be capitalized and refinanced as construction loans when the project proceeds to construction.

Source: SL 1982, ch 316, § 6B; SDCL Supp, § 46-17A-54.4; SL 1983, ch 315, § 13; SL 1992, ch 254, §§ 8, 11; SL 2016, ch 218, § 6, eff. Feb. 18, 2016.
S.D. Codified Laws § 46A-10A-31.1 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-31.1
Notice of recording requirements
Status: in_force

On or before July 1, 1988, each county shall provide notice of the recording requirements set forth in § 46A-10A-31 , by publishing a notice, once a week for two consecutive weeks in at least one official county newspaper.

Source: SL 1986, ch 379, § 2.
S.D. Codified Laws § 46A-6-9 — SD Code / Title 46A / Chapter 6 / Section 46A-6-9
Election and judicial confirmation not required for supplementary or amendatory contracts--Resolution of board
Status: in_force

If any supplementary or amendatory contract is made with the United States under § 46A-6-8 , no election is necessary, nor is the board of directors of the irrigation district required to proceed for a judicial confirmation of the making of the contract and the terms of the contract. It is sufficient in the case of a contract made with the United States under § 46A-6-8 for the board of directors of any irrigation district to authorize the execution of the contract by its president and secretary by appropriate resolution adopted at any regular or special meeting of the board of directors.

Source: SL 1939, ch 293, § 2; SDC Supp 1960, § 61.08 47-1 ; SDCL § 46-14-9; SL 2011, ch 165, § 398.
S.D. Codified Laws § 46A-1-68.1 — SD Code / Title 46A / Chapter 1 / Section 46A-1-68.1
Deposit of money received from fund
Status: in_force

Any person who receives money from the state water and environment fund may deposit such money and any associated matching funds in the state treasury.

Source: SL 1985, ch 354, § 1; SL 1992, ch. 254, § 8.
S.D. Codified Laws § 46A-9-23.1 — SD Code / Title 46A / Chapter 9 / Section 46A-9-23.1
Exclusion of lands from district--Grounds--Procedure
Status: in_force

If the board of directors of a water user district finds that there are lands within the district not utilizing the services of the district and that it is not feasible or necessary to retain those lands within the district, the board shall adopt a resolution stating its findings and declaring its intention to exclude the lands. The board shall, within ten days following the adoption of the resolution, file it with the Board of Water and Natural Resources. Upon receipt of the resolution, the Board of Water and Natural Resources shall determine whether the resolution complies with the requirements to exclude the lands, and if so, shall establish a hearing date on the issue no later than ninety days from the date of the filing of the resolution. Following the hearing, the Board of Water and Natural Resources may approve or disapprove the action proposed by the resolution. Upon approval and filing by the district board of a certificate of approval in the Office of the Secretary of State, together with a copy of the resolution, and after filing by the district board of a copy certified by the secretary of state in the office of the county auditor of each county in which any lands to be excluded are located, the lands shall be excluded from the water user district.

Source: SL 1984, ch 296, § 2; SL 2006, ch 226, § 3.
S.D. Codified Laws § 46A-5-13 — SD Code / Title 46A / Chapter 5 / Section 46A-5-13
Adoption of plan of works--Notice of plan and call for bids--Publication--Contents
Status: in_force

After adopting a plan of canals, storage reservoirs, and works, the board of directors shall publish notice of the plan, not less than twenty days after it is adopted, in one newspaper published in each of the counties in which the district is situated, if a newspaper is published in the counties, and in such other newspapers as the board deems advisable, calling for bids for the construction of the work or any portion of the work. If less than the whole work is advertised, the portion so advertised shall be particularly described in the notice. The notice shall set forth that plans and specifications can be seen at the office of the board, and that the board will receive sealed proposals for the work, and that the contract will be let to the lowest responsible bidder. The notice shall state the time and place for opening the proposals, which at the time and place shall be opened in public. As soon as convenient after the bids are opened, the board shall let such work, either in part or as a whole, to the lowest responsible bidder. Alternatively, the board may reject any bid and readvertise for proposals, or may proceed to construct the work under its own superintendence.

Source: SDC 1939, § 61.0919; SDCL § 46-13-13; SL 2011, ch 165, § 381.
S.D. Codified Laws § 46A-5-4.1 — SD Code / Title 46A / Chapter 5 / Section 46A-5-4.1
Eligibility to vote in bond election
Status: in_force

Any other provision of law notwithstanding, only those electors whose land may be assessed to finance bonds are eligible to vote in an election held pursuant to the provisions of § 46A-5-4 .

Source: SL 1984, ch 295, § 2.
S.D. Codified Laws § 46A-11-29 — SD Code / Title 46A / Chapter 11 / Section 46A-11-29
Unpaid installments of assessments for drainage--Extension by board of county commissioners--Drainage refunding bonds authorized
Status: in_force

The board of any county having outstanding drainage bonds issued under the provisions of this chapter may extend unpaid installments of assessments for such project and issue and sell drainage refunding bonds as provided in §§ 46A-11-30 to 46A-11-34 , inclusive.

Source: SDC 1939, § 61.1017; SDCL, § 46-21-29; SL 1985, ch 362, § 126.
S.D. Codified Laws § 46A-14-32 — SD Code / Title 46A / Chapter 14 / Section 46A-14-32
Combining of two or more watershed districts into one district--Procedure
Status: in_force

Two or more watershed districts may be combined into a single watershed district by either:

(1) An initiating petition therefor, similar to the initiating petition specified in §§ 46A-14-5 and 46A-14-8 ; or

(2) Resolutions by the managers stating the desire to combine the watershed districts and containing essentially the same information as prescribed for an initiating petition.

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

Source: SL 1959, ch 452, § 11; SDC Supp 1960, § 61.1513 (3); SDCL, § 46-24-32.
S.D. Codified Laws § 46A-18-21 — SD Code / Title 46A / Chapter 18 / Section 46A-18-21
Initial district directors
Status: in_force

The initial district directors shall assume the duties of office and serve until successors are duly elected and qualified.

Source: SL 1984, ch 293, § 20; SL 2000, ch 32, § 9.
S.D. Codified Laws § 46A-6-46 — SD Code / Title 46A / Chapter 6 / Section 46A-6-46
Claims against district--Verification required--Oaths administered by district secretary
Status: in_force

All claims against the district shall be verified the same as required in the case of claims filed against counties in this state, and the secretary of the district is authorized to administer oaths to the parties verifying such claims.

Source: SDC 1939, § 61.0920; SDCL, § 46-14-45.
S.D. Codified Laws § 46A-9-66 — SD Code / Title 46A / Chapter 9 / Section 46A-9-66
Debt service fund--Transfer of balance from water fund--Moneys pledged for payment of evidences of indebtedness
Status: in_force

The board of directors shall provide in the proceedings authorizing the issuance of each series of bonds, warrants, notes, debentures, or other evidences of indebtedness or in the trust indenture securing the same, for paying into the appropriate debt service fund at stated intervals all moneys then remaining in the water fund, after paying all costs of operation, maintenance, and repairs of the works and all administrative and clerical expenses of the water user district. All moneys in each debt service fund shall be pledged for the payment of and used for the purpose of paying the interest, principal, and the necessary fiscal agency charges upon the bonds, warrants, notes, debentures, or other evidences of indebtedness as the same shall fall due.

Source: SL 1939, ch 291, § 16; SDC Supp 1960, § 61.1316 (4); SDCL, § 46-16-64.
S.D. Codified Laws § 46A-9-58 — SD Code / Title 46A / Chapter 9 / Section 46A-9-58
Refunding of district obligations
Status: in_force

Such resolution or agreement may further provide for the refunding of any such water user district obligation through the issuance of other district obligations, entitled to rights and priorities similar in all respects to those held by the district obligations that are refunded and for the issuance of such refunding district obligations, either in exchange for district obligations then outstanding, or the sale thereof and the application of the proceeds of such sale to the retirement of the district obligations then outstanding.

Source: SL 1939, ch 291, § 10; SDC Supp 1960, § 61.1310; SDCL, § 46-16-56.
S.D. Codified Laws § 46A-4-9 — SD Code / Title 46A / Chapter 4 / Section 46A-4-9
Ditches or canals constructed before July 1, 1917, and lands watered by them--Exemption--Rights of ditches already constructed
Status: in_force

Any ditch or canal constructed before July 1, 1917, of sufficient capacity to water the lands for which the water was appropriated, together with the land subject to be watered by the ditch, canal, or franchise, is exempt from the operation of this chapter, unless an irrigation district is formed under the provisions of this chapter for the purpose of purchasing the ditches, canals, and franchises. This chapter and chapters 46A-5 to 46A-7 , inclusive, do not affect the rights of ditches already constructed.

Source: SDC 1939, § 61.0801; SL 1947, ch 417, § 1; SL 1963, ch 455, § 1; SDCL § 46-12-9; SL 2011, ch 165, § 333.
S.D. Codified Laws § 46-5-6 — SD Code / Title 46 / Chapter 5 / Section 46-5-6
Appropriation of water for irrigation--Limitation of amount
Status: in_force

In the issuance of permits to appropriate water for irrigation or in the adjudication of rights to the use of water for such purpose, the amount allowed may not be in excess of the rate of one cubic foot of water per second for each seventy acres, or the equivalent thereof, and the volume of water diverted for use may not exceed two acre - feet per acre, delivered on the land for a specified time each year. The Water Management Board may allow a greater diversion, in volume or rate or both, if the method of irrigation, any time constraints on diversion of water, or the type of soil so requires. However, no annual volume may be greater than three acre - feet per acre delivered to the land. The above rate of one cubic foot per second for each seventy acres does not apply in cases of flood water at such times when the flow of the stream is much in excess of the total recorded and approved rights on the stream.

Source: SDC 1939, § 61.0140; SL 1955, ch 430, § 1; SL 1957, ch 490, § 2; SDC Supp 1960, § 61.0126; SL 1976, ch 274; SL 1978, ch 308; SL 1996, ch 263, § 2.
S.D. Codified Laws § 46-10-8 — SD Code / Title 46 / Chapter 10 / Section 46-10-8
Judgment in action for general adjudication or to determine conflicting rights--Certified copy filed with board
Status: in_force

The court before which any action for general adjudication or any action for the determination of conflicting rights is conducted shall file a certified copy of any final judgment in such case with the Water Management Board.

Source: SDC 1939, § 61.0120; SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0155; SL 1980, ch 305, § 14.
S.D. Codified Laws § 46A-10A-32 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-32
Copy of recorded vested right to department
Status: in_force

After a vested drainage right is recorded with a county register of deeds under the provisions of § 46A-10A-31 , the register of deeds shall transmit a copy of the registration to the Department of Agriculture and Natural Resources.

Source: SL 1985, ch 362, § 32; SL 2011, ch 165, § 494; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 46A-1-82 — SD Code / Title 46A / Chapter 1 / Section 46A-1-82
Environment and water resources trust fund established--Subfund
Status: in_force

The South Dakota environment and water resources trust fund is hereby established. A separate trust subfund shall be created within the South Dakota water and environment fund established pursuant to § 46A-1-60 . The purpose for which the trust is established is to provide a perpetual source of revenue to serve all of the purposes for which funds may be expended from the water and environment fund. The principal of the trust fund shall be conserved in perpetuity or until the Legislature shall otherwise provide and may not be expended. Interest earned on the fund shall accrue to the water and environment fund and be disbursed in conformance with § 46A-1-61 .

Source: SL 1989, ch 306, § 63; SL 1992, ch 254, § 8.
S.D. Codified Laws § 46A-10B-33 — SD Code / Title 46A / Chapter 10B / Section 46A-10B-33
Stormwater facility property of governing body--Responsibility for operation and maintenance
Status: in_force

Any stormwater facility constructed, installed, or provided pursuant to this chapter, and formally accepted by the governing body, is the property of the governing body. The governing body thereafter is responsible for the operation and maintenance of the facility.

Source: SL 1989, ch 388, § 39; SL 1992, ch 320, § 2.
S.D. Codified Laws § 46A-4-82 — SD Code / Title 46A / Chapter 4 / Section 46A-4-82
Dissolution of district contracting with United States--Assent of secretary of interior--Recording
Status: in_force

If a contract has been made with the United States, no action may be taken by the board of directors for the dissolution of any irrigation district, as provided in this chapter, unless the assent of the secretary of the interior to the dissolution in writing has been filed with the secretary of the board of directors and a certified copy of the assent filed with the register of deeds of each county where the district lands are situated.

Source: SDC 1939, § 61.0848; SDCL § 46-12-77; SL 2011, ch 165, § 367.
S.D. Codified Laws § 46A-18-63 — SD Code / Title 46A / Chapter 18 / Section 46A-18-63
Acquisition of real property and easements--Condemnation
Status: in_force

A district may purchase real property, rights - of - way, or easements as necessary. If necessary, it may condemn them. If a district finds it necessary for maintenance of any part of improvements already constructed to add further construction or other improvements, the district, if not able to agree with the landowner on the terms for the acquisition of the interest in land needed for such purpose, may condemn the property for the purpose of fixing the amount to be paid for the interest in property so taken. Appraisal of the property shall be made by a committee of appraisers approved by the directors.

Source: SL 1984, ch 293, § 62; SL 1995, ch 253, § 21.
S.D. Codified Laws § 46A-7-15 — SD Code / Title 46A / Chapter 7 / Section 46A-7-15
Modification of contract with United States to eliminate charges or change time of payment--Cancellation of levy or assessment
Status: in_force

If the board of directors has made a levy or assessment under any contract between the United States and the district, and the United States thereafter modifies or supplements the contract or agreement to eliminate certain charges under the contract or agreement or to make the charges due at a later date than originally provided in the contract or agreement, the board may direct the cancellation of the levy or assessment previously made to raise funds to pay the United States that are under the modification or supplemental contract or agreement made due and payable at a later date.

Source: SDC 1939, § 61.0917; SDCL § 46-15-15; SL 2011, ch 165, § 423.
S.D. Codified Laws § 46A-7-11 — SD Code / Title 46A / Chapter 7 / Section 46A-7-11
Assessment for operation, salaries and expenses
Status: in_force

If the board of directors deems it necessary, it may levy an assessment for the care, operation, and maintenance of irrigation works already constructed and for the payment of salaries of officers and general expenses, which assessment shall be called the "general fund of irrigation district."

Source: SDC 1939, § 61.0907; SL 1949, ch 435, § 3; SDCL, § 46-15-11; SL 1976, ch 277, § 18.
S.D. Codified Laws § 46A-10B-7 — SD Code / Title 46A / Chapter 10B / Section 46A-10B-7
Approval and execution of agreement--Establishment or adjustment of district
Status: in_force

If the government of each county and municipality included within the proposed district approves and executes the joint powers agreement or amendment establishing the district or adjusting its boundaries within forty - five days after the public hearing held pursuant to § 46A-10B-5 , the drainage basin utility district is established or its boundaries are adjusted. The district's governing body shall file with the secretary of state a true copy of the agreement establishing the district or adjusting its boundaries.

Source: SL 1989, ch 388, § 10A; SL 1991, ch 375, § 3.
S.D. Codified Laws § 46-2A-10 — SD Code / Title 46 / Chapter 2A / Section 46-2A-10
Reservation for future use--When approval allowed
Status: in_force

A reservation for a future use may be approved only if there is a reasonable probability that unappropriated water is available for appropriation, that the quantity of water reserved will be needed by the entity and that the proposed use will be a beneficial use and in the public interest.

Source: SL 1983, ch 316, § 19.
S.D. Codified Laws § 46A-1-83.2 — SD Code / Title 46A / Chapter 1 / Section 46A-1-83.2
Expenditure of fees deposited in environment and water resources trust fund--Access to fund--Appropriation
Status: in_force

The secretary may expend such sums as are deposited in the South Dakota environment and water resources trust fund pursuant to § 34A-6-1.17 by any large - scale solid waste disposal facility subject to the fee established in § 34A-6-1.17 as are necessary to conduct the inspections and other activities required under § 34A-6-57 . The secretary's access to these funds does not require application or grant from the Board of Water and Natural Resources. Moneys expended by the secretary for these purposes shall be appropriated through the normal budget process.

Source: SL 1992, ch 254, § 50R; SDCL § 34A-6-90 ; SL 1993, ch 257, § 2.
S.D. Codified Laws § 46-4-2 — SD Code / Title 46 / Chapter 4 / Section 46-4-2
Upper users priority for domestic use--Exception--Contest resolution--Appeal
Status: in_force

For the uses stated in this chapter, upper users have first priority for domestic use except that it is unlawful for an upper owner to build new works that would deprive a lower owner of water which has been regularly approved under this chapter. Any contest between upper and lower dry - draw owners shall be brought to the Water Management Board first for resolution. The board's ruling may be appealed to circuit court under the provisions of chapter 1-26 .

Source: SL 1957, ch 490, § 3; SDC Supp 1960, § 61.0138 (5); SL 1983, ch 318, § 3.
S.D. Codified Laws § 46-7-2 — SD Code / Title 46 / Chapter 7 / Section 46-7-2
Headgates or other measuring devices required
Status: in_force

Any appropriator may be required to construct and maintain a substantial headgate or other means of measurement at the point of diversion or at any other point or points as required by the Water Management Board and shall construct or install a measuring device of a design approved by the board at the most practical point or points for measuring and apportioning the water as approved in the permit or license or as determined by the board. The board may order the construction or installation of a measuring device by an appropriator and, if it is not completed within twenty days thereafter, the board may refuse to allow diversion by the appropriator. Devices not of a stationary nature shall be so arranged that they can be locked in place.

Source: SDC 1939, § 61.0143; SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0130; SL 1978, ch 324; SL 1983, ch 314, § 116.
S.D. Codified Laws § 46A-4-40 — SD Code / Title 46A / Chapter 4 / Section 46A-4-40
Elected directors--Qualifying--Term of office--Time for assumption of duties
Status: in_force

The directors elected in compliance with § 46A-4-21 may enter immediately into the duties of their respective offices upon qualifying as provided in §§ 46A-4-41 to 46A-4-43 , inclusive, and shall hold their respective offices until the next general election for the irrigation district, when their successors are elected. The directors elected after the first election shall assume the duties of their office on the last Tuesday in November after their election and all incumbents shall hold their respective offices until their successors are elected and qualified.

Source: SDC 1939, §§ 61.0803, 61.0804; SDCL, § 46-12-39; SL 1976, ch 276, § 3; SL 1984, ch 294, § 32.
S.D. Codified Laws § 46A-3B-10 — SD Code / Title 46A / Chapter 3B / Section 46A-3B-10
Director compensation and reimbursement--Board approval
Status: in_force

Each director of a water development district is entitled to receive compensation in an amount established by the board, plus reimbursement for expenses incurred if the director is attending meetings or performing duties directed by the board. The compensation and reimbursement provided for in this section is payable upon vouchers approved by the board.

Source: SL 1984 (SS), ch 1, § 30; SL 2000, ch 216, § 1; SL 2025, ch 186, § 30.
S.D. Codified Laws § 46A-7-17 — SD Code / Title 46A / Chapter 7 / Section 46A-7-17
Assessments levied for bond and United States contract fund--Collection by county treasurer
Status: in_force

The assessments levied for the bond and United States contract fund mentioned in § 46A-7-10 shall be collected by the county treasurer at the same time and in the same manner as all other taxes are collected in this state.

Source: SDC 1939, § 61.0907; SL 1949, ch 435, § 3; SDCL, § 46-15-17.
S.D. Codified Laws § 46A-14-14 — SD Code / Title 46A / Chapter 14 / Section 46A-14-14
Hearing by conservation district on petition--Right of interested persons to be heard
Status: in_force

At the time and place fixed for the hearing all persons interested in or affected by the proposed formation of the district shall be given an opportunity to be heard. The conservation district supervisors may continue the hearing from time to time as they may deem necessary.

Source: SL 1957, ch 492, § 7; SL 1959, ch 452, § 5; SDC Supp 1960, § 61.1507 (1); SDCL, § 46-24-14.
S.D. Codified Laws § 46A-11A-7 — SD Code / Title 46A / Chapter 11A / Section 46A-11A-7
Confidentiality of information
Status: in_force

Information relating to the dispute between the parties to the drainage dispute which is disclosed to the mediator or which is created, collected, or maintained by the Department of Agriculture and Natural Resources mediation program pursuant to the terms of this chapter is confidential to the extent agreed by the parties or provided by state law.

All mediation meetings, and all mediation activities provided by this chapter, are exempt from the provisions of chapter 1-27 .

Source: SL 2015, ch 226, § 7; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 46A-7-16 — SD Code / Title 46A / Chapter 7 / Section 46A-7-16
Assessments--Computation and entry by secretary--Certification--Tax list
Status: in_force

The secretary of the board of directors shall compute and enter in separate columns of the assessment books the respective sums of dollars and cents in each fund, together with the sum payable by each tract obligated to the United States by contract, if any, for the payment of water charges to be paid on the property. The secretary shall certify to the auditor of the county in which the land is located the amount of the taxes in each fund levied upon each tract of land by the board, including sums due the United States, and the auditor shall enter the amount of each in separate columns of the tax list of the county. All tax lists when delivered to the county treasurer shall contain all taxes in each fund levied on each tract of land by the board of the irrigation district.

Source: SDC 1939, § 61.0907; SL 1949, ch 435, § 3; SDCL § 46-15-16; SL 2011, ch 165, § 424.
S.D. Codified Laws § 46A-3A-17 — SD Code / Title 46A / Chapter 3A / Section 46A-3A-17
Additions and withdrawals of territory--Costs of elections
Status: in_force

Any costs associated with an election in accordance with § 46A-3A-16 are the responsibility of the county in which the area is located.

Source: SL 1984 (SS), ch 1, § 14; SL 2025, ch 186, § 19.
S.D. Codified Laws § 46A-9-81 — SD Code / Title 46A / Chapter 9 / Section 46A-9-81
Removal of water master
Status: in_force

The board of directors may remove the water master for cause. The Water Management Board may withdraw approval of a water master and request the board of directors to remove any water master for cause.

Source: SL 1990, ch 363, § 3.
S.D. Codified Laws § 46A-15-10 — SD Code / Title 46A / Chapter 15 / Section 46A-15-10
Legislative finding as to Missouri River cost recovery program--Authorized as preferred, priority state objective
Status: in_force

The Legislature finds that the following water resources project is necessary for the general welfare of the people of the state and authorizes the project pursuant to § 46A-1-2 to be included in the state water resources management system to serve as a preferred, priority objective of the state: Missouri River cost recovery program.

Source: SL 1988, ch 369, § 6.
S.D. Codified Laws § 46A-3E-3 — SD Code / Title 46A / Chapter 3E / Section 46A-3E-3
Special assessment--Persons assessed--Person joining after petition filed
Status: in_force

Only those persons who contractually agree to a special assessment for a water delivery project may be specially assessed. Notwithstanding § 46A-3E-4 , any person who wishes to join a water delivery project after a petition has been filed with the water development district board of directors, pursuant to § 46A-3E-4 , may contractually agree to join the project. A person joining after the petition has been filed may be required to make special payments, in addition to the special assessments.

Source: SL 1984 (SS), ch 1, § 47A; SL 2011, ch 165, § 329; SL 2025, ch 186, § 54.
S.D. Codified Laws § 46A-1-62 — SD Code / Title 46A / Chapter 1 / Section 46A-1-62
Disbursements from capital projects fund
Status: in_force

Disbursements from the South Dakota water and environment fund shall be on warrants drawn by the state auditor pursuant to vouchers approved by the secretary of the Department of Agriculture and Natural Resources.

Source: SL 1972, ch 241, § 54; SDCL Supp, § 46-17A-55; SL 1992, ch 254, §§ 8, 98; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 46-5-44 — SD Code / Title 46 / Chapter 5 / Section 46-5-44
United States withdrawal of unappropriated waters--Cancellation
Status: in_force

As soon as the Water Management Board is satisfied that the construction of works by the United States subject to a United States withdrawal approved prior to July 1, 1983, is no longer contemplated, it shall cancel its withdrawal of those waters from appropriation and the waters again shall be subject to general appropriation.

Source: SDC 1939, § 61.0137; SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0123; SL 1983, ch 314, § 77.
S.D. Codified Laws § 46A-1-78 — SD Code / Title 46A / Chapter 1 / Section 46A-1-78
Moratorium on Oahe project construction as public policy of state--Study of alternate projects--Negotiation of settlement for land losses
Status: in_force

It is hereby declared to be the public policy and in the best interests of the State of South Dakota and its people that a moratorium be placed upon further construction of the Oahe Irrigation Project and the congressional authorization be retained until studies and negotiations for acceptable alternate water development projects or a negotiated monetary settlement to compensate for land loss in South Dakota as a result of Missouri mainstem impoundments are completed.

Source: SL 1977, ch 370, § 1; SL 1978, ch 333, § 3; SDCL Supp, § 46-17A-3.1.
S.D. Codified Laws § 46A-10A-108 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-108
Vote count--Determination of election results--Election materials to be retained for sixty days
Status: in_force

At the close of the election, the clerks shall proceed publicly to count the votes, which, when commenced, shall continue without adjournment or interruption until the count is completed. The count shall be conducted by taking one ballot at a time from the ballot box and counting until the number of ballots is equal to the number of names on the poll list, and if there are any left in the box, they shall be marked as extra ballots and not counted. The person having the highest number of votes for trustee shall be declared duly elected. If two or more persons have an equal number of votes for trustee, the clerks of election shall at once publicly, by lot, determine which of such persons shall be declared elected. If on opening the ballot, two or more ballots are found to be so folded that it is apparent the same person voted them, such ballots shall be marked as such and not counted. The count having been completed, a statement of the result shall be entered at length by the clerk in the minutes and publicly read by the clerk to the members attending the meeting. Such reading shall be deemed official notice of the result of the election. All ballots, pool lists, power of attorney forms, and other election materials shall be kept for sixty days by the election superintendent in a manner which guarantees their safety and integrity.

Source: SL 1997, ch 256, § 11.
S.D. Codified Laws § 46A-14-46 — SD Code / Title 46A / Chapter 14 / Section 46A-14-46
Vested drainage rights--Exclusion from operation of chapter
Status: in_force

Vested drainage rights as defined by chapters 46A-10A to 46A-13 , inclusive, shall be excluded from the operation of this chapter, until such a time as the operation of any drainage district can be absorbed by the watershed district, to the satisfaction of the then controlling board of county commissioners, or board of commissioners appointed by the county commissioners, or the board of trustees elected by the people of the district.

Source: SL 1957, ch 492, § 1; SDC Supp 1960, § 61.1501 (6); SDCL, § 46-24-46.
S.D. Codified Laws § 46A-6-51 — SD Code / Title 46A / Chapter 6 / Section 46A-6-51
Transfer of assets and liabilities of nonprofit entity to district--Approval by governing board and electors
Status: in_force

Any nonprofit corporation, cooperative, or association located within an irrigation district may transfer assets, liabilities, contracts, or other obligations to the irrigation district. To be valid, such transfer shall be approved by formal resolution of the governing body of the transferring entity and also shall be approved in an election thereon by an affirmative majority vote of the district electors voting on the question.

Source: SL 1984, ch 295, § 1.
S.D. Codified Laws § 46A-2-14 — SD Code / Title 46A / Chapter 2 / Section 46A-2-14
Acquisition and disposition of property necessary for water resources projects--Use by local project sponsors
Status: in_force

The Board of Water and Natural Resources may acquire, under the provisions of this chapter and chapters 46A-3A to 46A-3E , inclusive, by purchase or lease, all real and other property as may be necessary for the construction, maintenance, and operation of any water resources project; hold and use the property, lease, or otherwise dispose of any part of the property; or sell the property if not required for water resources project use, and no longer necessary to its use. The board may enter into rental or other agreements with local project sponsors to allow local project sponsors to use property controlled by the board or Department of Agriculture and Natural Resources according to terms and conditions specified by the board. In carrying out this section the board shall follow the procedures required in the case of counties under the laws of South Dakota.

Source: SL 1959, ch 453, § 8; SDC Supp 1960, § 61.1408 (2); SDCL § 46-17-17; SL 1984 (SS), ch 1, § 65; SL 1986, ch 370, § 1; SL 2011, ch 165, § 315; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 46A-10B-25 — SD Code / Title 46A / Chapter 10B / Section 46A-10B-25
Owner's right to dispute fees or other determinations--Petition and hearing
Status: in_force

Any owner who disputes the amount of a stormwater utility fee or a stormwater basin fee made against the owner's property or who disputes any determination made by the governing body pursuant to this chapter may petition the governing body for a hearing on a revision or modification of the charge or determination. The governing body may hold the hearing or may designate an officer or employee as a hearing officer with authority to hold the hearing. A petition may be filed only once in connection with any charge or determination, except upon a showing of changed circumstances sufficient to justify the filing of an additional petition.

The petition shall be in writing, filed with the governing body, and the facts and figures submitted shall be submitted under oath either in writing or orally at a hearing scheduled by the governing body. The hearing, if any, shall take place in the district, and notice of the hearing and the proceedings shall be in accordance with ordinances adopted by the governing body.

Source: SL 1989, ch 388, § 31.
S.D. Codified Laws § 46A-6-5 — SD Code / Title 46A / Chapter 6 / Section 46A-6-5
Drainage of land by district--Special assessments and funds--Surveys--Eminent domain--Contract with United States
Status: in_force

Any organized irrigation district may whenever it appears necessary, proper, or beneficial to drain any of the land within the district, either for the benefit of the land actually requiring drainage or for the protection of other lands within the district, whether the irrigation works have been actually acquired or constructed or not, cause drainage canals and works to be constructed. For these purposes, the district may levy special assessments or otherwise provide funds necessary to properly drain the lands, enter upon lands for the purpose of making surveys, exercise the right of eminent domain, and contract for the construction of necessary ditches. The district may extend the drainage ditches outside of the limits of the district for the purpose of conducting the drainage water to other lands upon which the water may be lawfully used or to return the water to some natural watercourse. The powers granted in this section include the power to enter into a contract with the United States of America to carry out and effectuate all proper drainage of the district or any part of the district; and any such contract shall be treated, to all intents and purposes, as if made under the provisions of this chapter.

Source: SDC 1939, § 61.0817; SDCL § 46-14-5; SL 2011, ch 165, § 395.
S.D. Codified Laws § 46A-10A-16 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-16
County drainage plan--Preparation--Adjuncts--Considerations
Status: in_force

A board or a county drainage commission, if established, may prepare, or cause to be prepared, a drainage plan for the county, including those municipalities within the county which have requested by resolution of the governing board of such municipality to be included. Any drainage ordinances, any official drainage map, and other official controls as deemed necessary shall be included as adjuncts to a drainage plan. The board or commission shall consider any drainage right described in § 46A-10A-31 , any drainage district described in § 46A-10A-43 , the drainage plans or projects of a unit of local government and existing coordinated drainage areas formed pursuant to § 46A-10A-47 in preparation of a county drainage plan.

Source: SL 1985, ch 362, § 16.
S.D. Codified Laws § 46A-3E-4 — SD Code / Title 46A / Chapter 3E / Section 46A-3E-4
Special assessment--Hearing--Notice--Resolution of intent
Status: in_force

Upon receipt of a petition requesting a special assessment, a water development district board of directors must hold a hearing on the question. The board must publish notice of the hearing in the official newspaper of the district, at least once each week, for two consecutive weeks, before the hearing. The last publication must occur at least ten days prior to the hearing. If the board, after the hearing, determines that the project is consistent with the best interest of the district, the board must adopt a resolution of intent to specially assess.

Source: SL 1984 (SS), ch 1, § 48; SL 2025, ch 186, § 55.
S.D. Codified Laws § 46A-8-2 — SD Code / Title 46A / Chapter 8 / Section 46A-8-2
Proposed amendment of articles of incorporation of association, time and manner of making, submission to shareholders, publication
Status: in_force

Such amendment or amendments may be made at any annual meeting of the shareholders, or at any special meeting called for that purpose, by a majority of the votes cast upon such proposition at such election. No proposed amendment may be submitted to the shareholders until it has first received the approval of two - thirds of the board of directors at a regular or duly called session thereof. No proposed amendment may be submitted until it has been published in full at least once each week for four consecutive weeks in at least two newspapers of general circulation within the irrigable area of the association. The last publication may not be more than seven days before any such election. However, if all the shareholders are notified directly by mail at their last known addresses of the amendment, the amendment does not need to be published pursuant to this section.

Source: SDC 1939, § 61.0205; SDCL, § 46-11-2; SL 1996, ch 266, § 2.
S.D. Codified Laws § 46A-10A-85 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-85
Replacing drain as repair
Status: in_force

If, in repairing a closed drain, the board finds from the engineer's report that it is more economical to construct a new closed drain than to repair an existing drain, the new drain is considered a repair.

Source: SL 1985, ch 362, § 86.
S.D. Codified Laws § 46A-4-1 — SD Code / Title 46A / Chapter 4 / Section 46A-4-1
Creation of irrigation district--Filing petition--Number of electors required
Status: in_force

Twenty - five percent of the electors as defined in § 46A-4-2 owning or holding lands in any proposed district for irrigation may propose organization of an irrigation district by filing a petition with the Board of Water and Natural Resources in compliance with the requirements of this chapter. The minimum number of electors required to propose an irrigation district shall be three. However, if the number of electors in a proposed irrigation district is less than seven, all electors within the proposed district must join in the petition.

Source: SDC 1939, § 61.0801; SL 1947, ch 417, § 1; SL 1963, ch 455, § 1; SDCL, § 46-12-1 ; SL 1976, ch 275, § 1; SL 1984, ch 294, § 1; SL 1986, ch 376, § 1.
S.D. Codified Laws § 46A-2-35 — SD Code / Title 46A / Chapter 2 / Section 46A-2-35
Appropriations to accomplish duties of district--Request to state Legislature
Status: in_force

For accomplishment of the duties of the district as herein described the Board of Water and Natural Resources shall present requests to the state Legislature for appropriations adequate to carry out the responsibilities of the district.

Source: SL 1959, ch 453, § 10; SDC Supp 1960, § 61.1410; SDCL, § 46-17-28.
S.D. Codified Laws § 46-10A-3 — SD Code / Title 46 / Chapter 10A / Section 46-10A-3
Identification of lands and waters in petition
Status: in_force

Any petition to establish a water use control area shall identify the lands and waters proposed to be included in the area.

Source: SL 1983, ch 314, § 181.
S.D. Codified Laws § 46A-10A-104 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-104
Landowner or joint landowners entitled to one vote collectively--Voting rights of minor or protected person
Status: in_force

A landowner or joint landowners who own a tract of land within the district assessed for benefits 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. The person casting the vote shall deliver to the clerks of election a written sworn statement giving the name, age, and place of residence of the minor or protected person.

Source: SL 1997, ch 256, § 7.
S.D. Codified Laws § 46A-1-43 — SD Code / Title 46A / Chapter 1 / Section 46A-1-43
Recording not required for bond protection
Status: in_force

Neither the resolution authorizing the bonds nor any financing statement or other instrument or document need be filed or recorded in any public records in order to perfect the lien on the pledge of the revenues to pay the bonds as against third parties.

Source: SL 1972, ch 241, § 42; SDCL Supp, § 46-17A-41.
S.D. Codified Laws § 46-2-3 — SD Code / Title 46 / Chapter 2 / Section 46-2-3
Chief engineer--Employment--Advice to board
Status: in_force

The secretary may employ a licensed engineer, trained or experienced in hydrology as chief engineer, and other personnel as may be necessary. The chief engineer shall act as adviser to the Water Management Board in all matters pertaining to the distribution and conservation of waters of the state as provided by this title.

Source: SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0104; SL 1965, ch 299; SL 1983, ch 314, § 15.
S.D. Codified Laws § 46A-4-43 — SD Code / Title 46A / Chapter 4 / Section 46A-4-43
Bond of officers and directors--Form--Obligee--Cost of surety bonds, payment by the district
Status: in_force

All official bonds for which no specific provision is made shall be in the form prescribed by law for official bonds of county officers, except the obligee named in such bond shall be the district, and where approved surety company bonds are furnished, the cost of such bonds may be paid by the district.

Source: SDC 1939, § 61.0804; SDCL, § 46-12-42.
S.D. Codified Laws § 46A-3E-11 — SD Code / Title 46A / Chapter 3E / Section 46A-3E-11
Duty to fund budget--Tax levy apportionment--Form
Status: in_force

Upon adoption of a budget, a water development district board of directors shall make a tax levy, special assessment, or both, in dollars sufficient to fund the budget. Any tax levy made against property in a given county in a district must be in an amount equal to the total district tax levy in dollars, multiplied by the county's proportional share.

The county's proportional share is determined by dividing the equalized assessed valuation of the area within the district for that county by the total district equalized assessed valuation.

The provisions of § 10-12-34.1 may not prohibit apportionment of the tax among the counties, as provided for in this section.

A district tax levy may not exceed the limitation specified in chapters 46A-3A to 46A-3E , inclusive, except as provided in § 46A-3E-1 . Any tax levy must be in the form of a resolution adopted by the board.

Source: SL 1984 (SS), ch 1, § 55; SL 1986, ch 372, § 3; SL 1989, ch 386, § 6; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 2012, ch 217, § 5; SL 2025, ch 186, § 62.
S.D. Codified Laws § 46A-10B-11 — SD Code / Title 46A / Chapter 10B / Section 46A-10B-11
Required notice--Contents
Status: in_force

Upon establishment of a drainage basin utility district, the governing body shall notify in writing the governments of each county, municipality, water development district, water project district, or watershed district located wholly or partially within the district. The notification shall include, at a minimum, a statement that the district has been established, the date of establishment, the name of the district, the boundaries of the district, and the name of the governing body of the district. The notification shall also include a statement that the governing body of the district may exercise its authority over all areas of the district, and a statement that the governing body may assess utility fees in the district as provided in this chapter.

Source: SL 1989, ch 388, § 14.
S.D. Codified Laws § 46A-10A-67 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-67
Acquisition of easements
Status: in_force

An easement for a drainage right may be acquired by the existence of a drainage ditch for a period of at least twenty consecutive years, by purchase or grant of easement from the owner of land through which the ditch will pass, or by condemnation under the provisions of this chapter and chapter 46A-11 .

Source: SL 1985, ch 362, § 68.
S.D. Codified Laws § 46-10-5 — SD Code / Title 46 / Chapter 10 / Section 46-10-5
Action for general adjudication or to determine conflicting water rights--Copies of complaints mailed to Water Management Board
Status: in_force

Whenever suit is brought for general adjudication or to determine conflicting water rights in any of the courts of this state, a copy of the complaint shall be by the complainant mailed by registered or certified letter to the Water Management Board at its office at the state capital, at the time of the first service of summons in the action, and likewise a copy of any amended complaint or cross - complaint shall be mailed in like manner to the board immediately after service thereof upon the opposing party.

Source: SDC 1939, § 55.1811; SL 1980, ch 305, § 12.
S.D. Codified Laws § 46-10-3 — SD Code / Title 46 / Chapter 10 / Section 46-10-3
Parties to action for general adjudication
Status: in_force

In any action for the general adjudication of the rights to use water and water rights on any river system and all other sources all those whose claims to the use of such waters or claims of water rights are of record, and all other claimants so far as they can be ascertained with reasonable diligence, shall be made parties.

Source: SDC 1939, § 61.0119; SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0154; SL 1980, ch 305, § 6.
S.D. Codified Laws § 46A-13-9 — SD Code / Title 46A / Chapter 13 / Section 46A-13-9
Contract for joint action with adjoining state for drainage or flood control
Status: in_force

The commissioners of a drainage district formed pursuant to this chapter may, if necessary or expedient to carry out the purposes of this chapter, enter into a contract or agreement with the court, board, or tribunal of an adjoining state having authority relative to drainage matters in that state, including the right to raise, lower, or fix the stage of water in boundary waters, or with the United States government under its authorized authority. The contract or agreement shall be for joint action with the adjoining state for drainage or flood control measures that cause benefits or damages to, or otherwise affect, property in this state and the adjoining state. The provisions of this section apply to any lake, pond, or other body of water, or any river, stream, or watercourse that forms to any extent a boundary line between this state and any other state, and to any land included within a natural drainage basin lying along or extending across the boundary line of the state. The contract or agreement may be for the following purposes:

(1) To facilitate drainage into or from, or to control to any extent flood waters into, through, or from any such lake, pond, body of water, river, stream, or watercourse, or into or from any such land;

(2) For purposes of flood control, to raise, lower, or otherwise affect the stage or depth of water;

(3) For the joint establishment and construction of all necessary ditches, drains, canals, dikes, levees, dams, locks, spillways, or other structures necessary to provide a proper watercourse;

(4) For deepening, widening, and straightening of the channels of any river, stream, or watercourse;

(5) For controlling by dikes or levees the flow of water in a manner necessary to effectuate the provisions of this chapter; and

(6) For securing and providing the necessary drainage facilities and control of flood waters into, through, and from the boundary waters and the rivers, streams, or ditches connected with the boundary waters and for properly draining any natural drainage basin.

In order to implement the contract or agreement the commissioners may determine the damages and benefits that may result to property located within the drainage district, and may provide funds to implement the contract or agreement by special assessment upon the property benefited according to the benefits received, as provided in this chapter.

Source: SDC 1939, § 61.1103; SDCL § 46-23-9; SL 2011, ch 165, § 508.
S.D. Codified Laws § 46-2A-1 — SD Code / Title 46 / Chapter 2A / Section 46-2A-1
Application of provisions of chapter
Status: in_force

The provisions of this chapter apply to any application for:

(1) A permit to appropriate water;

(2) An amendment of an existing permit or license, including change in use of water or change in place of use or diversion point of water;

(3) A reservation for future use;

(4) A permit for flood control;

(5) A well driller license;

(5A) A well pump installer license;

(6) Reinstatement of a permit;

(7) A vested right claim; and

(8) Other cases as may be specified by statute.

Source: SL 1983, ch 316, § 1; SL 1985, ch 345, § 2; SL 1986, ch 363, § 4; SL 2001, ch 241, § 1.
S.D. Codified Laws § 46A-13-4 — SD Code / Title 46A / Chapter 13 / Section 46A-13-4
Governing commission of interstate drainage district--Number and selection of members
Status: in_force

After the formation of the drainage district as prescribed in §§ 46A-13-1 to 46A-13-3 , inclusive, a governing commission of three members shall be chosen as provided in this section. If the territory included within the district is within a single county, the governing board shall be chosen by the county commissioners of the county. If the territory included within the district lies within two counties, the governing board shall be chosen by the joint meeting and action of the boards of county commissioners of the counties. If the territory included within the district lies within three or more counties, the governing board shall be chosen by the chairs of the boards of county commissioners of the counties meeting and acting jointly. The boards of county commissioners, or the chair of the boards, as the case may be, shall promptly meet and appoint the governing board of the district.

Source: SDC 1939, § 61.1102; SDCL § 46-23-4; SL 2011, ch 165, § 506.
S.D. Codified Laws § 46A-18-46 — SD Code / Title 46A / Chapter 18 / Section 46A-18-46
Limitation of general tax levies and special assessments
Status: in_force

No annual general tax levy, whether for annual district operation and maintenance expense or for payment of long term obligations, may exceed one dollar per thousand dollars of taxable valuation. No limitation applies to special assessments, except that special assessments may not be used to pay an obligation beyond the current business year of the district unless approved by an election of the affected landowners as provided in §§ 46A-18-45 and 46A-18-47 .

Source: SL 1984, ch 293, § 45; SL 2007, ch 257, § 4.
S.D. Codified Laws § 46A-10A-120 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-120
Issuance of improvement certificates and drainage bonds
Status: in_force

The board of trustees of any district may issue improvement certificates and drainage bonds under the same conditions as is provided by chapter 46A-11 for issuance by the board of county commissioners, except that in case of the issue of drainage bonds, the bonds shall be approved by a simple majority of the eligible landowners voting in a special election held by the board of trustees in conjunction with the district's annual election. The approval shall be printed upon the bonds before they are negotiated.

Source: SL 1997, ch 256, § 23.
S.D. Codified Laws § 46A-3B-12 — SD Code / Title 46A / Chapter 3B / Section 46A-3B-12
Quorum of board of directors
Status: in_force

A majority of the water development district board's voting members constitutes a quorum for the transaction of business.

Source: SL 1984 (SS), ch 1, § 34; SL 2025, ch 186, § 32.
S.D. Codified Laws § 46-6-14 — SD Code / Title 46 / Chapter 6 / Section 46-6-14
Waste of water from large capacity well prohibited
Status: in_force

No owner of property on which a large capacity artesian well is located may allow the water of the well to flow to waste if the board determines it is feasible to control the flow.

Source: SDC 1939, § 61.0405; SL 1955, ch 431, § 1; SDC Supp 1960, § 61.0410; SL 1983, ch 314, § 103.
S.D. Codified Laws § 46A-3E-14 — SD Code / Title 46A / Chapter 3E / Section 46A-3E-14
Collection of taxes and assessments--Deposit
Status: in_force

The tax collecting officials shall collect all water development district taxes and assessments, together with any interest and penalties, in the same manner as the general taxes and assessments are collected and shall on a monthly basis, forward the amounts collected during the preceding month to the district treasurer. The district treasurer shall deposit the amounts in the institutional account designated by the board.

Source: SL 1984 (SS), ch 1, § 58; SL 2012, ch 217, § 6; SL 2023, ch 150, § 2; SL 2025, ch 186, § 65.
S.D. Codified Laws § 46A-1-23 — SD Code / Title 46A / Chapter 1 / Section 46A-1-23
Security for interim notes
Status: in_force

All such notes and the interest on the notes may be secured by a pledge of, and payable from, any income and revenue (subject to the prior payment of the operation and maintenance expenses of any project) derived from the project to be undertaken with the proceeds of the notes; the proceeds to be derived from the sale of any revenue bonds for permanent financing authorized to be issued under this chapter; the project itself; any funds, property, or obligation of any public entity or person with whom the district has entered into a financing arrangement under § 46A-1-18 in connection with the project; the proceeds of the notes; or any grant or loan to be made by an agency or instrumentality of the United States government in connection with the project.

Source: SL 1972, ch 241, § 27; SL 1979, ch 301, § 7; SDCL Supp, § 46-17A-25; SL 2011, ch 165, § 290.
S.D. Codified Laws § 46A-13-36 — SD Code / Title 46A / Chapter 13 / Section 46A-13-36
Appeal from final determination of commission to circuit court--Manner and time of taking--Effect of taking
Status: in_force

An appeal shall lie from any final order or determination of the drainage commission fixing damages occasioned by the making of the drainage improvement, or fixing the proportion of assessments of benefits, to the circuit court for the county in which the property affected is located, by anyone aggrieved by any such order or determination. The appeal may be taken in the manner and within the time provided by law for appeals from the action of boards of county commissioners in drainage matters. The taking of such an appeal has the same effect and is determined by the court in like manner as appeals from boards of county commissioners in drainage matters, but does not stay the drainage proceedings. No appeal may be allowed from any action of the drainage commission except as provided in this section.

Source: SDC 1939, § 61.1116; SDCL § 46-23-36; SL 2011, ch 165, § 519.
S.D. Codified Laws § 46A-3D-5 — SD Code / Title 46A / Chapter 3D / Section 46A-3D-5
Actions by and against district
Status: in_force

The water development district board of directors may sue and be sued in the name of the district.

Source: SL 1984 (SS), ch 1, § 37; SL 2025, ch 186, § 43.
S.D. Codified Laws § 46A-10A-74 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-74
Construction of drainage facilities across railroads--Costs
Status: in_force

A railroad's reasonable estimated cost of constructing a drainage facility across a railroad right - of - way shall be included in damages to be awarded the railroad company at the time the drainage is established. If the company refuses or neglects to construct bridges or culverts within a period of sixty days after service of an order, the board may construct bridges or culverts at the expense of the county and is entitled to recover such construction costs from the railroad company. Any action to recover construction costs shall be taken to circuit court and prosecuted by the state's attorney of the county.

Source: SL 1985, ch 362, § 75.
S.D. Codified Laws § 46-2A-2 — SD Code / Title 46 / Chapter 2A / Section 46-2A-2
Recommendation of chief engineer on application--Schedule of hearing
Status: in_force

Within sixty days of receipt of a completed application, the chief engineer shall recommend in writing approval, disapproval or deferral until further notice and shall schedule the application for hearing by the Water Management Board. The recommendation shall include any terms, conditions, restrictions, qualifications, quantifications, or limitations on perpetuity which are consistent with this chapter, necessary to protect the public interest and related to matters within the jurisdiction of the chief engineer or the board.

Source: SL 1983, ch 316, § 4.
S.D. Codified Laws § 46-5-37.1 — SD Code / Title 46 / Chapter 5 / Section 46-5-37.1
Abandonment or forfeiture of permits or rights--Recommendation of chief engineer for cancellation
Status: in_force

Upon the initiative of the chief engineer or upon petition by any interested person and after reasonable notice to the holder of the right or permit, if the holder can be located, the chief engineer may investigate whether or not a water permit or right has been abandoned or forfeited. After the investigation, the chief engineer may recommend cancellation of the permit or right for reason of abandonment or forfeiture. The recommendation, notice, and hearing shall be conducted pursuant to the procedure contained in chapter 46-2A .

Source: SL 1983, ch 314, § 69; SL 2011, ch 165, § 270.
S.D. Codified Laws § 46A-3E-8 — SD Code / Title 46A / Chapter 3E / Section 46A-3E-8
Taxes and assessments for obligations--Restrictions on obligations
Status: in_force

A water development district board of directors may levy taxes and special assessments, as provided in chapters 46A-3A to 46A-3E , inclusive, to cover obligations contained in contracts with:

(1) The federal government;

(2) This state; or

(3) Any other public or private entity.

With the exception of special assessments, the board may not obligate any monies that are not to be collected or on hand during the fiscal year in which the obligation is to be incurred.

Source: SL 1984 (SS), ch 1, § 52; SL 2025, ch 186, § 59.
S.D. Codified Laws § 46A-10A-11 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-11
Agreements for receipt of federal or state funds for drainage
Status: in_force

Any county engaging in a drainage program may receive grants - in - aid from or enter into agreements with any department or agency of the government of the United States or the state to arrange for the receipt of federal or state funds in the interest of furthering a drainage program.

Source: SL 1985, ch 362, § 11.
S.D. Codified Laws § 46A-5-6 — SD Code / Title 46A / Chapter 5 / Section 46A-5-6
Location of line of canal and branches--Purchase or condemnation of property
Status: in_force

The board of directors, its agents, and employees may enter upon any land within the district to make surveys and may locate the line of any canal and the necessary branches for the location. The board of directors may acquire, either by purchase or condemnation, all lands and waters and other property necessary for the construction, use, maintenance, repair, and improvement of any canal, canals, power plants, pumping stations, and lands for reservoirs for storage of water and all necessary appurtenances. The board of directors may acquire by purchase or condemnation, for the use of the district, any irrigation works, power plant, pumping station, ditches, canals, or reservoirs already constructed. In case of purchase, the bonds of the district may be used at their par value in payment, as provided in this title.

Source: SDC 1939, § 61.0810; SL 1953, ch 482; SDCL § 46-13-6; SL 1976, ch 277, § 8; SL 2011, ch 165, § 378.
S.D. Codified Laws § 46A-10A-24 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-24
Filing and publication of board action on plan--Effective date of plan--Public inspection
Status: in_force

Any action of a board on a drainage plan shall be filed with the county auditor. A summary of the action shall be prepared by the county board or the drainage commission, if established, shall be reviewed by the state's attorney, shall be published at least once within one week in the official newspaper or newspapers in the county and shall take effect on the twentieth day after its publication. Any summary published under the provisions of this chapter shall contain a notification that the public may inspect the entire drainage plan or any part, adjunct, amendment, or addition at the office of the county auditor during regular business hours.

Source: SL 1985, ch 362, § 24.
S.D. Codified Laws § 46A-11-1 — SD Code / Title 46A / Chapter 11 / Section 46A-11-1
Resolution establishing drainage project--Filing of certified copy with register of deeds--Contents--Recording and indexing--Constructive notice
Status: in_force

If an intrastate drainage project is established under the provisions of this chapter or chapter 46A-10A , the auditor of the county wherein such drainage project or portion thereof is situated shall file in the office of the register of deeds of the county a certified copy of the resolution establishing the drainage project. The resolution shall contain a description of each lot, parcel, and tract of land situated within the drainage project and affected by proceedings establishing the project. The resolution shall be recorded and indexed against each lot, parcel, and tract of land described in the resolution. No recording fee may be charged and the recording shall constitute constructive notice of establishment of the drainage project, to all subsequent purchasers and encumbrancers of such premises.

Source: SDC 1939, § 61.1006; SDCL, § 46-21-1; SL 1985, ch 362, § 98.
S.D. Codified Laws § 46A-6-45 — SD Code / Title 46A / Chapter 6 / Section 46A-6-45
Additional bonds of district--Priority
Status: in_force

If the bonds or the money raised by the sale thereof is insufficient for the purposes for which the bonds were issued, additional bonds may be issued. The lien for taxes for the payment of the interest and principal of the additional bonds may be on a parity with, or subsequent to, the lien of any prior bond issue.

Source: SDC 1939, § 61.0921; SDCL, § 46-14-44; SL 1976, ch 277, § 15; SL 1984, ch 43, § 123.
S.D. Codified Laws § 46A-13-15 — SD Code / Title 46A / Chapter 13 / Section 46A-13-15
Commission of viewers--Appointment--Report
Status: in_force

Upon the adoption of the joint plan, the interstate drainage district commission, together with the representatives of any adjoining state, may appoint a commission of viewers consisting of three disinterested persons, at least one of whom shall be a citizen of this state, who may examine in detail the full improvement proposed and all property affected by the proposed improvement. The commission of viewers shall report of its findings, as the commission of the drainage district and the representatives of any adjoining state require, relative to all benefits and damages that will result from the improvement. The report shall address benefits and damages from the improvement affecting highways, railway companies, and municipal corporations, and shall include a description of each piece of property and the name of each company or corporation affected by the improvement. The report shall give the amounts of benefits and damages that may result to the property or corporations from the construction of the improvement, together with the estimated cost of the improvement including all damages and expenses connected with the improvement, and the aggregate amount of benefits that will result from the improvement.

Source: SDC 1939, § 61.1107; SDCL § 46-23-15; SL 2011, ch 165, § 512.
S.D. Codified Laws § 46A-1-93 — SD Code / Title 46A / Chapter 1 / Section 46A-1-93
Priority in administration of funds
Status: in_force

In administering funds in the water and environment fund established pursuant to § 46A-1-60 and the capital construction fund created in § 5-27-1 , the highest priority shall be given to domestic uses of water through the development of public water distribution systems.

Source: SL 1993, ch 48, § 43.
S.D. Codified Laws § 46A-14-60 — SD Code / Title 46A / Chapter 14 / Section 46A-14-60
Annual general tax levy against land and buildings--Maximum amount
Status: in_force

When adopting a financing plan or levying taxes to cover the estimated costs of district business, including costs relating to implementing the general plan of improvements, as provided in §§ 46A-14-51 and 46A-14-54 to 46A-14-59 , inclusive, and operations and maintenance expense as provided in § 46A-14-66 to 46A-14-69 , inclusive, no annual general tax levy against taxable land and buildings within the district may exceed the amount that can be collected by a one-mill levy. This limitation does not apply to special assessments nor to assessments required to meet payments, including interest, on district bonds.

Source: SL 1957, ch 492, § 30; SL 1959, ch 452, § 24; SDC Supp 1960, § 61.1530 (1); SDCL § 46-24-59; SL 2011, ch 165, § 528; SL 2013, ch 228, § 44.
S.D. Codified Laws § 46A-8-7 — SD Code / Title 46A / Chapter 8 / Section 46A-8-7
Lien of association for unpaid assessments--Priority--Duration--Foreclosure and sale of land
Status: in_force

Such associations have the first and prior lien for all unpaid assessments on the lands of the shareholder against which the assessments are levied, and for all deferred payments on the water right appurtenant to the lands. The lien is in all respects prior to any other liens created or attempted to be created by the owner and possessor of the lands. The lien shall remain in effect until the last deferred payment for the water right and any unpaid assessments levied by the association against the land are fully paid and satisfied, according to the terms of the contract under which the water right was acquired, the provisions of this chapter, and the bylaws of the association relating to assessments. The lien shall be enforced by the association by the foreclosure and sale of the lands, or so much thereof as may be necessary, in the manner provided by law for the foreclosure of mortgages on real property.

Source: SDC 1939, § 61.0202; SDCL § 46-11-7; SL 2011, ch 165, § 464.
S.D. Codified Laws § 46A-15-6 — SD Code / Title 46A / Chapter 15 / Section 46A-15-6
Settlement framework--Short-term objectives
Status: in_force

South Dakota's Pick-Sloan settlement framework shall consist of short - term objectives enumerated in this section, long - term objectives pursuant to § 46A-15-7 , and the Missouri River cost recovery program pursuant to § 46A-15-9 . The short - term objectives shall include, at federal expense, the projects and total project costs enumerated in this section, subject to nonfederal cost - sharing requirements established by Congress and agreed to by the Governor or a designated agent of the Governor and the appropriate local project sponsors. The short - term objectives and the estimated 1986 costs, subject to adjustments as needed, to achieve such objectives are as follows:

(1) Completion of the following projects already under construction:

(a) The Belle Fourche Irrigation Rehabilitation Project at forty - two million two hundred thousand dollars remaining total cost;

(b) The WEB Rural Water Development Project at twenty - five million dollars remaining total cost;

(2) Development of the following projects proposed for construction, for which planning has been completed:

(a) The Lake Andes - Wagner/Yankton Sioux (Marty II) Irrigation Project at one hundred sixty - five million dollars total cost;

(b) The Mni Wiconi Rural Water System at one hundred million dollars total cost;

(3) Development of the following projects proposed for construction for which further planning is required:

(a) Multipurpose water supply and irrigation features of the Gregory County Hydroelectric Pumped Storage Facility at one hundred million dollars total cost;

(b) James River Flood Control at twenty million dollars total cost;

(c) The Mid-Dakota Rural Water System at one hundred million dollars total cost;

(d) Missouri River Fish and Wildlife Mitigation at thirty - five million dollars total cost;

(e) Missouri River Streambank Erosion Control at seventy - five million dollars total cost;

(f) Integration into the Pick - Sloan program for Missouri River Riverside Irrigation Projects at five million dollars for federal study purposes, subject to recommendation by the Missouri River Cost Recovery Authority;

(g) Rural and municipal water systems at one hundred million dollars total cost; and

(h) Lewis and Clark Rural Water System at one hundred million dollars total cost.

Source: SL 1988, ch 369, § 2; SL 1990, ch 365; SL 1992, ch 254, § 15; SL 2023, ch 3, § 39.
S.D. Codified Laws § 46-2A-11 — SD Code / Title 46 / Chapter 2A / Section 46-2A-11
Flood control works--When permit may be issued
Status: in_force

A permit for flood control works may be issued only if the project will reduce the damage from flooding or erosion in the area proposed to be benefited, the project will not increase the likelihood or the severity of flood damages in areas other than the project area or the area proposed to be benefited, the project will not endanger human life or property and the project will not impair existing water rights, except to the extent that such rights are extinguished or compensated through agreement or exercise of the power of eminent domain.

Source: SL 1983, ch 316, § 20.
S.D. Codified Laws § 46A-13-21 — SD Code / Title 46A / Chapter 13 / Section 46A-13-21
Hearing on proposed improvement of interstate drainage project--Appearance for or against
Status: in_force

At such hearing any person interested may appear for or in opposition to the statements of the petition and matters set forth in the engineers' and viewers' reports and findings and agreement of the drainage commission with the representatives of the other state or states for a joint plan and for proportioning the cost of such improvement.

Source: SDC 1939, § 61.1109; SDCL, § 46-23-21.
S.D. Codified Laws § 46-1-3 — SD Code / Title 46 / Chapter 1 / Section 46-1-3
Water as property of people--Appropriation of right to use
Status: in_force

It is hereby declared that all water within the state is the property of the people of the state, but the right to the use of water may be acquired by appropriation as provided by law.

Source: SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0101 (2); SL 1983, ch 314, § 1.
S.D. Codified Laws § 46A-6-3 — SD Code / Title 46A / Chapter 6 / Section 46A-6-3
Payment within one year of purchase price of water supply--Tax levy
Status: in_force

If the contract provided in § 46A-6-2 provides for payment of the entire purchase price of the water supply within one year after the making of the contract, the board of directors of the district shall, at the time of entering into the contract, pass a resolution that a levy shall be made sufficient to raise a sum necessary to pay the purchase price. The board of directors shall thereafter, and at the same time the levy for other taxes of the district is made, levy a tax against the taxable property of the district sufficient to raise and pay the sum.

Source: SDC 1939, § 61.0930; SDCL § 46-14-3; SL 2011, ch 165, § 394.
S.D. Codified Laws § 46A-13-35 — SD Code / Title 46A / Chapter 13 / Section 46A-13-35
Defects not affecting substantial rights disregarded in suit to avoid assessment or invalidate proceeding--Substantial defect--Rights of parties determined by court-Reassessment
Status: in_force

Any defect or irregularity not affecting the substantial rights of the parties interested, occurring in any proceeding under this chapter, shall be disregarded in any action or proceeding seeking to avoid any assessment or to cancel, annul, or declare void any proceeding held under this chapter. If the defect is substantial, the court shall of its own motion determine the rights of the parties, validate the proceeding, and assess the costs as justice may require, if the court finds cause for the validation or that the action should have been taken in the first instance and all parties interested are before the court. If for any reason an assessment is held void or set aside, the court shall immediately make an order directing the reassessment of a proper sum, with interest, against all property on which the assessment is held invalid. Upon filing the order with the drainage commission, reassessment shall be made and enforced in accordance with the order.

Source: SDC 1939, § 61.1115; SDCL § 46-23-35; SL 2011, ch 165, § 518.
S.D. Codified Laws § 46-6-31 — SD Code / Title 46 / Chapter 6 / Section 46-6-31
Plugging or controlling well by chief engineer--Bidding provisions
Status: in_force

The chief engineer, if plugging or otherwise controlling a well pursuant to the provisions of §§ 46-6-29 and 46-6-30 , shall comply with the bidding provisions of chapters 5-18A and 5-18B unless the chief engineer determines that compliance with those provisions will result in harm to health or property or will result in an unreasonable waste of water.

Source: SL 1983, ch 314, § 111; SL 2011, ch 2, § 144; SL 2011, ch 165, § 278.
S.D. Codified Laws § 46A-4-8 — SD Code / Title 46A / Chapter 4 / Section 46A-4-8
Inclusion in irrigation district of lands capable of being irrigated from works in proposed district
Status: in_force

Upon application of the owner or entryman prior to the board's hearing on the question of district formation, the Board of Water and Natural Resources shall include lands capable of being irrigated from the proposed works in the proposed district, if the board determines that the inclusion of the lands is feasible and will not unreasonably compromise the ability of feasibly irrigable lands originally proposed for inclusion by petitioners to obtain the water to which they would be entitled and capable of receiving from the proposed district.

Source: SDC 1939, § 61.0802; SL 1947, ch 417, § 2; SDCL, § 46-12-8; SL 1984, ch 294, § 10.
S.D. Codified Laws § 46A-6-7 — SD Code / Title 46A / Chapter 6 / Section 46A-6-7
Submission of federal contract to voters at general or special election--Notice--Approval by voters
Status: in_force

The board of directors shall submit the contract referred to in § 46A-6-6 to the electors of the irrigation district at a general election, or at a special election called for that purpose. If a special election is called for that purpose, notice of election shall be given, the election shall be conducted, and the votes shall be canvassed, so far as practicable, in the manner provided for elections held for the purpose of voting upon the issuance of bonds. The ballots at the election shall have printed on the ballots "For the approval of contract for drainage of contiguous lands outside the boundaries of the irrigation district," and "Against approval of contract for drainage of contiguous lands outside the boundaries of the irrigation district." The notice of election need not give the entire contract. It is sufficient if the notice states in a general way the substance of the contract. If a majority of the voters voting on the proposition vote for approval of the contract, the board of directors may enter into the contract.

Source: SDC 1939, § 61.0925; SDCL § 46-14-7; SL 2011, ch 165, § 396.
S.D. Codified Laws § 46-10-3.1 — SD Code / Title 46 / Chapter 10 / Section 46-10-3.1
Adding additional defendants as parties
Status: in_force

Defendants in addition to those named in the original complaint may be added within a reasonable time and defendants may be added throughout the duration of the suit, as appropriate.

Source: SL 1980, ch 305, § 9.
S.D. Codified Laws § 46A-9-76 — SD Code / Title 46A / Chapter 9 / Section 46A-9-76
Municipalities excepted from chapter--Contracts with district
Status: in_force

Nothing in this chapter deprives any municipality within the State of South Dakota, located either wholly or partially within or outside any water user district, of the exercise of any rights with which it may be invested by law to construct, acquire, operate, maintain, or dispose of waterworks, or systems or facilities for the collection, treatment, or disposal of wastewater, or to perform any other of its lawful functions. However, any municipality may enter into any contract with any such district for the storage, purchase, or distribution of water or for the collection, treatment or disposal of wastewater, for municipal, domestic, or industrial purposes.

Source: SL 1939, ch 291, § 20; SDC Supp 1960, § 61.1319; SDCL, § 46-16-74; SL 1992, ch 60, § 2; SL 2006, ch 226, § 16.
S.D. Codified Laws § 46A-7-18 — SD Code / Title 46A / Chapter 7 / Section 46A-7-18
Capital projects fund tax--Interest coupons received in payment
Status: in_force

Such county treasurer shall receive in payment of the district capital projects fund tax, for the year in which such taxes were levied, interest coupons issued by such irrigation district, due during such year and payable from such fund, the same as so much lawful money of the United States, if such interest coupons do not exceed the amount of the district capital projects fund which the person tendering the same owes.

Source: SDC 1939, § 61.0907; SL 1949, ch 435, § 3; SDCL, § 46-15-18.
S.D. Codified Laws § 46A-5-23 — SD Code / Title 46A / Chapter 5 / Section 46A-5-23
Flow of water through ditches and canals at full capacity
Status: in_force

The board of directors shall keep the water flowing through the ditches and canals under its control to the full capacity of the ditches and canals in times of high water and when the water can be beneficially applied to the lands thereunder and does not interfere with the rights of other appropriators.

Source: SDC 1939, § 61.0927; SDCL § 46-13-23; SL 2011, ch 165, § 387.
S.D. Codified Laws § 46A-10A-69 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-69
Naming project--Record of proceedings
Status: in_force

Any project established pursuant to § 46A-10A-65 , shall be given a name by the board. Subsequent project proceedings shall be recorded and indexed in a book kept for that purpose in the auditor's office.

Source: SL 1985, ch 362, § 70.
S.D. Codified Laws § 46-2-17 — SD Code / Title 46 / Chapter 2 / Section 46-2-17
Chief engineer's general enforcement authority
Status: in_force

The chief engineer may:

(1) Investigate the use of the waters of the state and compliance with the provisions of water permits, licenses, rules, regulations, and laws relating to water rights;

(2) Institute enforcement and other proceedings before the Water Management Board;

(3) Enforce orders of the board; and

(4) Perform other acts authorized by statute or regulation.

Source: SL 1983, ch 314, § 32.
S.D. Codified Laws § 46A-4-93 — SD Code / Title 46A / Chapter 4 / Section 46A-4-93
Proceeds of sale of property on dissolution of irrigation district insufficient to pay debts--Assessments against lands in the district
Status: in_force

In case the amount realized from the sale of such district property, together with other money of the district, shall be insufficient for the payment of all the indebtedness of such district, assessments shall continue to be made against the lands included in the district, in the manner provided by law for assessments to pay bonds and other indebtedness of irrigation districts, until a sufficient amount is raised to pay in full all obligations of such district.

Source: SDC 1939, § 61.0848; SDCL, § 46-12-88.
S.D. Codified Laws § 46-10-7 — SD Code / Title 46 / Chapter 10 / Section 46-10-7
Intervention by attorney general
Status: in_force

If, in the judgment of the Water Management Board, the public interests require action adverse to any party thereto, it may call upon the attorney general to intervene in the action. The attorney general shall then appear on behalf of the state and take whatever steps are necessary to protect the interests of the public, of the state or of any of its institutions.

Source: SDC 1939, § 55.1811; SL 1983, ch 314, § 157.
S.D. Codified Laws § 46A-11-18 — SD Code / Title 46A / Chapter 11 / Section 46A-11-18
Payment of drainage assessments against townships--Unorganized townships
Status: in_force

Any surplus remaining in any fund at the close of a fiscal year may be used by a township to pay and apply toward any drainage assessment. In unorganized townships, the board may pay for drainage from any money of the unorganized township. Each succeeding year a like levy shall be made by local officials until the entire assessment is paid.

Source: SDC 1939, § 61.1008; SDCL, § 46-21-18; SL 1985, ch 362, § 115.
S.D. Codified Laws § 46-2-23 — SD Code / Title 46 / Chapter 2 / Section 46-2-23
Establishment of well rehabilitation and plugging subfund--Source of subfund--Expenditures--Unexpended funds--Uses of fund
Status: in_force

There is hereby established in the state treasury a subfund of the water and environment fund to be designated as the South Dakota well rehabilitation and plugging subfund. This subfund shall consist of all moneys, including legislative appropriations; interest on the well rehabilitation and plugging subfund; and, notwithstanding the provisions of § 34A-12-15 , all money collected by the department in the enforcement of the provisions of Title 46, chapter 34A-2A , or in any other action, proceeding or settlement based upon violation of the state's water laws, excluding criminal proceedings for criminal fines. Expenditures from this subfund shall be appropriated through the normal budget process. Unexpended funds and interest shall remain in the subfund until appropriated by the Legislature. The Water Management Board may expend appropriated money from the well rehabilitation and plugging subfund to rehabilitate wells that were not constructed pursuant to board rules governing well construction, to rehabilitate wells that a well driller has refused to correct or to plug abandoned wells or uncontrolled flowing wells.

Source: SL 1992, ch 254, § 79.
S.D. Codified Laws § 46A-2-5 — SD Code / Title 46A / Chapter 2 / Section 46A-2-5
Board of directors abolished--Performance of functions
Status: in_force

The board of directors of the South Dakota Conservancy District is abolished, and all its functions shall be administered by the department and Board of Water and Natural Resources, as provided by §§ 1-41-13 and 1-41-13 .1.

Source: SL 1973, ch 2, § 123; SDCL Supp, § 46-17-5.1; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
S.D. Codified Laws § 46A-7-5 — SD Code / Title 46A / Chapter 7 / Section 46A-7-5
Apportionment of benefits to land by irrigation works--Assessment made in lieu of bonds or other authorized obligations--Assessment not invalid because in name of wrong person
Status: in_force

Whenever any assessment is made either in lieu of bonds, or in any annual levy for raising the interest on bonds, or any portion of the principal or the expenses of maintaining the property of the district or any special assessment voted by the electors, it shall be spread upon the lands in proportion to the benefits received, and the whole of the assessment of benefits shall equal the amount of bonds or other obligations authorized at the election last above mentioned. The assessment of any property in the name of the wrong person shall in no way invalidate the assessment thereof.

Source: SDC 1939, § 61.0904; SL 1949, ch 435, § 1; SDCL, § 46-15-5.
S.D. Codified Laws § 46A-6-1 — SD Code / Title 46A / Chapter 6 / Section 46A-6-1
Unauthorized debts and liabilities prohibited
Status: in_force

Neither the board of directors, nor any other officers of an irrigation district, may incur any debt or liability, either by issuing bonds or otherwise, in excess of the express provisions of chapters 46A-4 to 46A-7 , inclusive, and any debt or liability incurred in excess of such express provisions is void.

Source: SDC 1939, § 61.0817; SDCL § 46-14-1; SL 2011, ch 165, § 392.
S.D. Codified Laws § 46-5-8.2 — SD Code / Title 46 / Chapter 5 / Section 46-5-8.2
Permit required for water distribution system
Status: in_force

If water is to be conveyed to users by a water distribution system diverting more than eighteen gallons per minute, the system shall comply with the provisions of § 46-5-10 .

Source: SL 1983, ch 314, § 47.
S.D. Codified Laws § 46A-1-13.12 — SD Code / Title 46A / Chapter 1 / Section 46A-1-13.12
Belle Fourche irrigation upgrade project authorized
Status: in_force

Pursuant to §§ 46A-1-11 to 46A-1-13 , inclusive, construction of a five million dollar Belle Fourche irrigation upgrade project to include replacement of the Indian Creek siphon, the Horse Creek siphon, the north canal control house, and the south canal control house, repair of the Belle Fourche River siphon, and removal of sediment from the south canal intake 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 loans under the state water resources management system revolving loan program in amounts not to exceed a total of two million five hundred thousand dollars to the Belle Fourche irrigation upgrade project. No disbursements may be made under the loans authorized by this section unless funds are appropriated by the Legislature in conformance with § 46A-1-61 . Notwithstanding the provisions of § 46A-1-66 , no interest may accrue until the Board of Water and Natural Resources certifies the completion of the construction of the project as authorized. The initial loan repayment is due and payable one year following the certification of construction completion. Loan terms and conditions shall be set by the Board of Water and Natural Resources. Notwithstanding the provisions of §§ 46A-6-31 to 46A-6-38 , inclusive, no court approval or confirmation of the loans is required.

The Board of Water and Natural Resources may provide grants in amounts not to exceed two million five hundred thousand dollars, or so much thereof as may be necessary, to the Belle Fourche irrigation upgrade project. No disbursements may be made under the grant authorized by this section unless funds are appropriated by the Legislature in conformance with § 46A-1-61 .

The loan and grant authorized by this section may be increased or decreased by such amounts as may be justified by reason of ordinary fluctuations in development costs incurred after January 1, 2012, as indicated by engineering costs indices applicable for the type of construction involved.

Source: SL 2012, ch 221, § 4, eff. Mar. 2, 2012.
S.D. Codified Laws § 46-5-21.1 — SD Code / Title 46 / Chapter 5 / Section 46-5-21.1
Permits for energy industry use--Period for application of water to beneficial use
Status: in_force

Section 46-2A-8 does not apply to permits issued to the South Dakota Conservancy District for energy industry use or to any permit or right held by an energy industry user acquired pursuant to an assignment by the district. Periods for completion of construction or application of water to beneficial use for rights transferred by the district to energy industry users shall be fixed in the instrument of transfer but may not exceed ten years from the date the contract is executed for application of water to beneficial use.

Source: SL 1981 (2d SS), ch 1, § 13; SL 1987, ch 29, § 23; SL 1987, ch 332, § 5.
S.D. Codified Laws § 46A-9-72 — SD Code / Title 46A / Chapter 9 / Section 46A-9-72
Mortgage or trust deed to secure payment of borrowed money--Foreclosure upon default and appointment of receiver
Status: in_force

If any water user district created under this chapter shall execute and deliver a mortgage or trust deed to secure the payment of any moneys borrowed by it for the purposes herein authorized, it may be provided in such mortgage or trust deed that the same may be foreclosed upon default and that a receiver may be appointed by any court of competent jurisdiction with such authority as may be provided for in such mortgage or trust deed.

Source: SL 1939, ch 291, § 15; SDC Supp 1960, § 61.1315 (2); SDCL, § 46-16-70.
S.D. Codified Laws § 46A-13-23 — SD Code / Title 46A / Chapter 13 / Section 46A-13-23
Denial of petition for drainage improvement--Grounds--Liability of petitioners for costs of proceeding
Status: in_force

If the drainage commission has fully heard and considered the petition and the joint plan as adopted or modified, the report of the engineers and viewers, and the determination as to the proportion of cost to be borne by this state, and if the commission finds the proposed drainage improvement not conducive to the public health, convenience, or welfare, or not needed or practicable for the purpose of draining agricultural lands, or that the proportion of the cost of the proposed improvement to be borne by this state will be greater than the benefits conferred, the commission shall deny the petition for the drainage improvement. The petitioners are jointly and severally liable for the cost and expenses of the proceeding thus far made and incurred by the drainage commission, and the costs and expenses may be recovered in a civil action.

Source: SDC 1939, § 61.1109; SDCL § 46-23-23; SL 2011, ch 165, § 514.
S.D. Codified Laws § 46-2A-7.1 — SD Code / Title 46 / Chapter 2A / Section 46-2A-7.1
Notice of determination that groundwater source fully appropriated--Applications for future consideration
Status: in_force

If the board determines a groundwater source to be fully appropriated pursuant to § 46-6-3.1 , the chief engineer shall publish a notice within thirty days of the board's final decision at least once in at least one official newspaper in each county where the groundwater source is located. For any groundwater source determined to be fully appropriated by the board prior to July 1, 2014, notice shall also be published as provided by this section. If the official newspaper is a weekly newspaper, the notice shall also be published at least once in a daily newspaper serving the general area where the groundwater source is located and posted on the department's website until the thirty day application period is completed. The public notice shall describe the decision of the board and provide notice of a thirty day application period during which the chief engineer shall accept and hold for future consideration applications to appropriate water from the groundwater source specified in the public notice.

Source: SL 2014, ch 214, § 2.
S.D. Codified Laws § 46A-18-32 — SD Code / Title 46A / Chapter 18 / Section 46A-18-32
Powers of district
Status: in_force

A water project district shall have perpetual existence, unless dissolved, with the following powers:

(1) To sue and be sued;

(2) To incur debts, liabilities, and obligations;

(3) To exercise the power of eminent domain only as necessary to carry out its purposes and duties as provided in this chapter;

(4) To levy taxes not to exceed one dollar per thousand dollars of taxable valuation on each dollar of taxable property in the district;

(5) To levy special assessments, as limited by this chapter and in proportion to the benefits to be received, on taxable property that benefits by a water project or other program;

(6) To borrow money and to issue certificates, warrants, general obligation bonds, special assessment bonds, and revenue bonds pursuant to this chapter. The district may continue to levy taxes and assessments within an area that has been withdrawn from the district as is necessary to pay the area's share of the district's obligations existing at the time of the withdrawal. No lands may be annexed to the district unless the owners or lessees of the lands pay or obligate the lands to pay the same rate for benefits provided by the district as all other lands within the district have originally paid or have been obligated to pay to cover costs of construction and project studies;

(7) To enter into contracts to furnish water and other services; and

(8) To do and perform all acts herein authorized and all other acts necessary and proper for carrying out and exercising the powers vested in the district.

Source: SL 1984, ch 293, § 31.
S.D. Codified Laws § 46A-10A-52 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-52
Hours polls open--Costs of election
Status: in_force

At any election to establish a coordinated drainage area held under this chapter, the polls shall be kept open from 7:00 a.m. until 7:00 p.m. The county shall bear the costs of the election.

Source: SL 1985, ch 362, § 52; SL 2006, ch 28, § 8.
S.D. Codified Laws § 46A-10A-59 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-59
Contents of drainage project petition
Status: in_force

A project petition shall explain the necessity for the project, shall give a description of the proposed project route by its initial points, terminal points, and general course, or by its exact course in whole or in part, and shall give a general statement of the territory likely to be affected. Such project petition shall include an assessment of impact, environmental or otherwise, on any public property or public property right within the affected territory.

Source: SL 1985, ch 362, § 59.
S.D. Codified Laws § 46A-10B-29 — SD Code / Title 46A / Chapter 10B / Section 46A-10B-29
Issuance of bonds authorized
Status: in_force

The governing body may issue bonds pursuant to § 9-40-5 and chapter 6-8B to carry out the purposes of this chapter. If the amount of the bond issue does not exceed an amount that can economically be paid by district revenues during the term of the bond, no election on the question of issuing the bonds is required.

Source: SL 1989, ch 388, § 35.
S.D. Codified Laws § 46A-14-80 — SD Code / Title 46A / Chapter 14 / Section 46A-14-80
Operation of watershed district, investigation by board--Hearings, order to correct detrimental operation--Enforcement of order by injunction
Status: in_force

The Board of Water and Natural Resources may at any time investigate the operations of any watershed district and if it discovers such operations are detrimental to the proper utilization of waters or existing rights or that the conduct of the operations as to the waters in the particular district are not being conducted in a manner which the board believes is providing the greatest utilization of such waters, then the board may in its discretion hold a hearing to develop the necessary facts and information. Thereupon, if the board decides that affirmative action is required to correct the practices engaged in by such district the board shall order the managers to correct the detrimental operation. In case of failure by the managers to make the corrections ordered, the board is empowered to procure an order from a court of competent jurisdiction to prevent the district from further engagement in such detrimental operations.

Source: SL 1957, ch 492, § 20; SL 1959, ch 452, § 15; SDC Supp 1960, § 61.1520; SDCL, § 46-24-79.
S.D. Codified Laws § 46A-11A-4 — SD Code / Title 46A / Chapter 11A / Section 46A-11A-4
Contracts for mediation services
Status: in_force

The Department of Agriculture and Natural Resources, in the administration of this chapter, may contract with one or more governmental entities, nonprofit corporations, individuals, or other entities as determined by the Department of Agriculture and Natural Resources to provide mediation services of drainage disputes.

Source: SL 2015, ch 226, § 4; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 46-5-1 — SD Code / Title 46 / Chapter 5 / Section 46-5-1
Natural flow of stream or spring--Restrictions on riparian use
Status: in_force

No landowner may prevent the natural flow of a stream, or of a natural spring from where it starts its definite course, or of a natural spring arising on his or her land which flows into and constitutes a part of the water supply of a natural stream, nor pursue nor pollute any of these, except as provided by § 46-5-2 .

Source: SDC 1939, § 61.0101; SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0137; SL 1983, ch 314, § 39; SL 2011, ch 165, § 265.
S.D. Codified Laws § 46A-18-57.1 — SD Code / Title 46A / Chapter 18 / Section 46A-18-57.1
Reserve fund for project development and construction
Status: in_force

In addition to the fund authorized in § 46A-18-57 , the directors may establish a separate reserve fund for project development and construction. The directors shall publish the amount budgeted for the fund for the following calendar year, the amount of money in the fund, and an explanation of the intended use of the money in the fund with the notice of the annual meeting required in § 46A-18-24 .

Source: SL 1990, ch 366, § 16; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 1995, ch 253, § 19.
S.D. Codified Laws § 46A-4-24 — SD Code / Title 46A / Chapter 4 / Section 46A-4-24
Directors elected at election to establish district--Terms of office--Tie election, procedure
Status: in_force

At the election to establish the district, if the district is divided into three divisions, the member of the board of directors from division one shall be elected for a term of three years; the member from division two shall be elected for a term of two years; and the member from division three shall be elected for a term of one year. If the district is divided into five or seven divisions, the members of the board from divisions one and two shall be elected for terms of three years; the members from divisions three and four shall be elected for terms of two years and the remaining members of the board shall be elected for a term of one year. In case of a tie, the election shall be determined as provided in chapter 12-21 .

Source: SDC 1939, § 61.0804; SDCL, § 46-12-24; SL 1984, ch 294, § 21.
S.D. Codified Laws § 46A-14-2 — SD Code / Title 46A / Chapter 14 / Section 46A-14-2
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Conservation district," a conservation district established in accordance with state law;

(2) "District," a proposed or existing watershed district as provided in this chapter;

(3) "Engineer," an engineer designated by the managers to act as the engineer of the district;

(4) "Hearing," a hearing scheduled and conducted by either the board of managers, conservation districts, or the Board of Water and Natural Resources, during which all interested parties shall be given a reasonable opportunity to be heard;

(5) "Initiating petition," a petition as provided in this chapter for the creation or modification of a watershed district;

(6) "Interested party," any public corporation or any person having an interest in the subject matter pending or involved and including the designated representative or any agency of government;

(7) "Landowner," any owner of land, as evidenced by records in the offices of the register of deeds and the clerk of courts in the county containing a proposed or existing watershed district. If land is sold under a contract for deed that is of record in the office of the register of deeds in the county in which the land is situated, both the landowner and the individual purchaser of the land, as named in the contract for deed, are treated as a landowner;

(8) "Managers," the board of managers of a watershed district;

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

(10) "Public corporation," a county, municipality, school district, or a political subdivision of the state, other than a watershed district; and

(11) "Work" or "works," any construction, maintenance, repairs, or improvements of a watershed district.

Source: SL 1957, ch 492, § 2; SL 1959, ch 452, § 1; SDC Supp 1960, § 61.1502; SL 1965, ch 303, § 1; SDCL § 46-24-2; SL 1984, ch 297, § 1; SL 1988, ch 367, § 1; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 1992, ch 60, § 2; SL 1998, ch 36, § 57; SL 2013, ch 228, § 5.
S.D. Codified Laws § 46A-3E-10 — SD Code / Title 46A / Chapter 3E / Section 46A-3E-10
Budgets--Annual report--Hearing--Notice--Adoption
Status: in_force

The board of directors of a water development district shall, at the time of organization and on or before October first of each year thereafter, adopt a budget and prepare an operations and budget report. The report must include estimates and itemizations of the district's expenses and obligations.

Before the board approves the budget, the board shall hold a public hearing. The board shall publish notice of the hearing once each week, for two successive weeks, in the official newspaper of the district.

The notice must state the time and place of the hearing, the purpose for the hearing, and that the hearing will include an opportunity for public comment.

At the conclusion of the hearing, the board may modify the budget.

Source: SL 1984 (SS), ch 1, § 54; SL 1986, ch 372, § 2; SL 1997, ch 255, § 7; SL 2011, ch 165, § 330; SL 2012, ch 217, § 4; SL 2025, ch 186, § 61.
S.D. Codified Laws § 46A-10B-13 — SD Code / Title 46A / Chapter 10B / Section 46A-10B-13
Additional administrative powers of governing body
Status: in_force

In addition to the powers granted in statute regarding municipal utilities, the governing body, in administering the affairs of the drainage basin utility district, may do the following:

(1) Assess and collect utility fees as provided in this chapter;

(2) Designate a director, employ staff, and provide equipment, supplies, and materials as necessary to administer the business of the district;

(3) Sue and be sued;

(4) Incur debts and liabilities;

(5) Issue bonds as provided in this chapter;

(6) Accept funds, property, and services or other assistance, financial or otherwise, from federal, state, and other public and private sources to carry out the purposes of this chapter;

(7) Contract or cooperate with any person, the state, or any political subdivision of the state, any federal agency, or any private or public corporation to carry out the purposes of this chapter;

(8) Contract with any county or municipality for the assessment and collection of any fees levied pursuant to this chapter;

(9) Acquire, hold, use, rent, lease, or dispose of any real and other property as necessary to carry out the purposes of this chapter, including property outside the boundaries of the district;

(10) Accumulate funds in one or more reserve funds as provided in this chapter to carry out the purposes of this chapter; and

(11) Plan, develop, construct, acquire, operate, clean, maintain, repair, alter, renovate, salvage, demolish, abandon, consolidate, reclaim, or gather data and information concerning any natural or artificial watercourse, dam, dike, reservoir, or other works, development, structure, facility, project, or program necessary to carry out the purposes of this chapter.

Source: SL 1989, ch 388, § 19.
S.D. Codified Laws § 46A-10A-28 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-28
Approval required for rehabilitation or construction of drain covered by plan--Board review of commission decision
Status: in_force

If a board has adopted a drainage plan or any part, adjunct, amendment, or addition thereto, no rehabilitation of existing drainage or construction of new drainage, whether publicly or privately owned, if covered by the adopted plan, may be undertaken or authorized in the county until the location and extent thereof has been submitted to and approved by the board or commission, if established. In case of disapproval by a commission, it shall communicate its reasons in writing to the board. At a hearing to review the decision, by majority vote of the board members elect, a board may overrule all or any portion of a disapproval or any erroneous approval which is contrary to the adopted plan.

Source: SL 1985, ch 362, § 28.
S.D. Codified Laws § 46A-9-34 — SD Code / Title 46A / Chapter 9 / Section 46A-9-34
Officers--Election by board of directors--Appointment of executive committee and other employees
Status: in_force

The board of directors shall elect the officers of the water user district who shall be a president, a vice - president, a secretary, and a treasurer, and the board shall appoint such executive committee and other officers, agents, and employees as shall be deemed necessary in transacting the business of the district. The president, vice - president, and treasurer shall be elected from the membership of the board of directors.

Source: SL 1939, ch 291, § 6; SDC Supp 1960, § 61.1306; SDCL, § 46-16-34.
S.D. Codified Laws § 46A-9-77 — SD Code / Title 46A / Chapter 9 / Section 46A-9-77
Irrigation districts--Powers and functions unaffected by chapter
Status: in_force

Nothing in this chapter repeals, limits, or in any way affects the provisions of chapters 46A-4 to 46A-7 , inclusive, relating to the organization and operation of irrigation districts. Nothing in this chapter limits in any way the powers and functions of irrigation districts organized under chapters 46A-4 to 46A-7 , inclusive, and nothing in this chapter repeals, limits, or affects the provisions of any other laws of the State of South Dakota other than as specifically provided in this chapter.

Source: SL 1939, ch 291, § 17; SDC Supp 1960, § 61.1317; SDCL § 46-16-75; SL 2011, ch 165, § 491.
S.D. Codified Laws § 46A-14-11 — SD Code / Title 46A / Chapter 14 / Section 46A-14-11
Duties of supervisors on receipt of initiating petition
Status: in_force

Upon receipt of the initiating petition by the conservation district, its supervisors shall:

(1) Acknowledge receipt of the petition;

(2) Determine, by working in cooperation with the auditor of each county in which a portion of the proposed district is located, whether the petition contains sufficient signatures as required by § 6-16-2 ;

(3) Prepare a preliminary report based upon the initiating petition, and other available data, stating the feasibility and practicability of the proposed improvement and organization of the district, for the purpose of presentation by the conservation district supervisors at hearings as provided in this chapter;

(4) Adjust, as necessary, and fix the boundaries of the proposed district.

Source: SL 1957, ch 492, § 5; SL 1959, ch 452, § 3; SDC Supp 1960, § 61.1505 (6); SDCL § 46-24-11; SL 2013, ch 228, § 14.
S.D. Codified Laws § 46A-4-87 — SD Code / Title 46A / Chapter 4 / Section 46A-4-87
Raising of money to pay debts--Valuation of property by appraisers--Appointment--Report
Status: in_force

For the purpose of raising money to pay any indebtedness of the district, the board of directors may sell and dispose of the canal, franchises, and other property belonging to the district at not less than a valuation to be fixed by a board of three appraisers. One member of the board of appraisers shall be appointed by the board of directors of the district and one shall be appointed by the board of county commissioners of the county in which the district was originally organized. The two appraisers shall elect a third. The board of appraisers shall be sworn by any officer authorized by law to administer oaths and who has an official seal, to appraise the canal, franchises, and other property of the district at its cash value. As soon as practicable, the appraisers shall make an appraisement and shall report in writing their appraisement of all the property owned by the district to the board of directors.

Source: SDC 1939, § 61.0848; SDCL § 46-12-82; SL 2011, ch 165, § 371.
S.D. Codified Laws § 46-5-34 — SD Code / Title 46 / Chapter 5 / Section 46-5-34
Irrigation rights appurtenant to land--Amendment of permit required for severance and transfer
Status: in_force

All water used in this state for irrigation purposes shall remain appurtenant to the land upon which it is used. However, if for any reason it should become impracticable to use all or any part of the water beneficially or economically for irrigation of any land to which the right of its use is appurtenant, all or any part of the right may be severed from the land and simultaneously transferred and become appurtenant to other land without losing priority of right previously established, subject to existing rights, upon approval of an application for an amended permit. No increase in total acres irrigated may be allowed under this section.

Source: SDC 1939, § 61.0141; SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0128; SL 1983, ch 314, § 64.
S.D. Codified Laws § 46-5-20.1 — SD Code / Title 46 / Chapter 5 / Section 46-5-20.1
Legislative approval required for large-scale appropriation--Eminent domain powers denied for unauthorized appropriation
Status: in_force

Any application for appropriation of water, pursuant to this chapter, in excess of ten thousand acre feet annually shall be presented by the Water Management Board to the Legislature for approval prior to the board's acting upon the application and all powers of eminent domain shall be denied any common carrier appropriating over ten thousand acre feet of water per annum which has not obtained such prior legislative approval. Legislative approval does not mandate approval by the Water Management Board and does not constitute an issuance of a water permit. This section does not apply to applications by the South Dakota Conservancy District or applications for the approval of water permits for energy industry use.

Source: SL 1975, ch 275; SL 1981 (2d SS), ch 1, § 12.
S.D. Codified Laws § 46A-10B-15 — SD Code / Title 46A / Chapter 10B / Section 46A-10B-15
Establishment of district no guarantee flooding or damage will be eliminated
Status: in_force

This chapter or the establishment of a drainage basin utility district pursuant to this chapter does not imply that property liable for the fees and charges established pursuant to this chapter will always be free from stormwater flooding or flood damage. This chapter does not purport to reduce the need or the necessity for the owner obtaining flood insurance.

Source: SL 1989, ch 388, § 21.
S.D. Codified Laws § 46A-15-7 — SD Code / Title 46A / Chapter 15 / Section 46A-15-7
Long-term objectives
Status: in_force

The long - term objectives of the Pick - Sloan settlement shall include the future development of irrigation and hydroelectric power projects when conditions are appropriate for such development. Any final settlement of South Dakota's Pick - Sloan claims shall fulfill the long - term objectives as recommended by the Board of Water and Natural Resources in its report to the Governor entitled "South Dakota Missouri River Pick - Sloan Water Initiative", December 1987.

Source: SL 1988, ch 369, § 3; SL 1991, ch 17 (Ex. Ord. 91-4), § 17.
S.D. Codified Laws § 46-2A-19 — SD Code / Title 46 / Chapter 2A / Section 46-2A-19
Adjustment and validation of certain interstate water right claims
Status: in_force

Any person claiming to be the owner of a right to appropriate water from any source for beneficial use other than domestic uses as defined in subdivision § 46-1-6(7), on property in the State of South Dakota which was located in the state of Nebraska prior to ratification and approval of state boundary changes pursuant to § 1-2-8 shall file with the chief engineer prior to July 1, l993, any water use claim in a form and manner prescribed by the Board of Water Management. The claim shall set forth the water source, the amount of water used, when the water was used, purpose of use, the location of the diversion works and, if the water has been used for irrigation purposes, the legal description of the land upon which the water has been used and the name of the land owner. Any water right or other document issued by the state of Nebraska concerning the claimed water use shall accompany the claim. The claim shall be signed under oath, and shall be either from the claimant's own personal knowledge or on information and belief. The hearing on the claim shall be conducted pursuant to the procedures contained in this chapter. If the claim is approved by the Board of Water Management, the priority date assigned to the claim shall be either the date assigned to a water right granted in the state of Nebraska or the date water was originally put to beneficial use in the state of Nebraska, if no water right was granted. Failure to file a claim prior to July 1, 1993, waives any claim for appropriation of water.

Source: SL 1991, ch 370.
S.D. Codified Laws § 46A-14-36 — SD Code / Title 46A / Chapter 14 / Section 46A-14-36
Officers--Records--Transaction of district's business
Status: in_force

The managers shall then organize by electing one of their members chair and one vice chair. The managers shall appoint a secretary-treasurer, who is not a member of the board of managers, and whose compensation and bond shall be set by the managers. The managers shall provide the necessary books, records, furniture, and equipment for the conduct and transaction of the district's official business.

Source: SL 1957, ch 492, § 15; SL 1959, ch 452, § 12; SDC Supp 1960, § 61.1515; SDCL § 46-24-36; SL 2013, ch 228, § 28.
S.D. Codified Laws § 46A-5-9 — SD Code / Title 46A / Chapter 5 / Section 46A-5-9
Right-of-way for works for collection of water over state lands and waters
Status: in_force

The right - of - way is hereby given, dedicated, and set apart to locate, construct, and maintain such works over and through any of the lands which are or may be the property of the state; and there also is given, dedicated, and set apart for the use and purposes aforesaid all water and water rights owned by the state within the district.

Source: SDC 1939, § 61.0922; SDCL, § 46-13-9.
S.D. Codified Laws § 46A-1-13.8 — SD Code / Title 46A / Chapter 1 / Section 46A-1-13.8
Black Hills Water Management Project and Black Hills Hydrology Study authorized
Status: in_force

Pursuant to §§ 46A-1-11 to 46A-1-13 , inclusive, the ten million dollar Black Hills Water Management Project and the Black Hills Hydrology Study are hereby authorized for the purpose of assessing and meeting present and future water needs in the counties of Butte, Meade, Lawrence, Pennington, Custer, and Fall River.

Source: SL 1992, ch 254, § 18.
S.D. Codified Laws § 46A-11-28 — SD Code / Title 46A / Chapter 11 / Section 46A-11-28
Separate accounts for drainage projects
Status: in_force

Separate accounts shall be kept by the treasurer for each drainage project and no funds for one drainage project may be applied to any other project.

Source: SDC 1939, § 61.1024; SDCL, § 46-21-28; SL 1985, ch 362, § 125.
S.D. Codified Laws § 46A-4-32 — SD Code / Title 46A / Chapter 4 / Section 46A-4-32
Elections after district organized and first set of directors elected--Voting by mail
Status: in_force

After the election to organize the district and for the first directors, all other elections may be conducted under a system of voting by mail as may be provided in the bylaws of the district. The board of directors of any irrigation district may provide in the bylaws of the district for a system of voting by mail for resident and nonresident electors alike, in any election subsequent to the one to organize the district and for the election of the first set of directors. Such system shall afford a secret ballot and provide the general safeguards included in the absentee voting law relating to general state elections. It shall, however, be optional with the electors to return their ballots by ordinary mail or by registered or certified mail and either with or without special delivery postage.

Source: SDC 1939, §§ 61.0804, 61.0856; SDCL, § 46-12-30; SL 1984, ch 294, § 29.
S.D. Codified Laws § 46A-1-2.3 — SD Code / Title 46A / Chapter 1 / Section 46A-1-2.3
Previous designations of projects superseded
Status: reserved

Section 46A-1-2.1 serves as the exclusive component of the State Water Resources Management System established pursuant to § 46A-1-2 and supersedes all previous designations of projects not included in § 46A-1-2.1 .

Source: SL 1994, ch 346, § 15.
S.D. Codified Laws § 46A-18-28 — SD Code / Title 46A / Chapter 18 / Section 46A-18-28
Annexation or withdrawal of areas
Status: in_force

An additional area may be annexed or an area withdrawn from a water project district by:

(1) Circulation of an initiating petition therefor by the qualified voters in the new area and in the existing district, similar to an initiating petition specified in § 46A-18-2 ; or

(2) Circulation of an initiating petition by the qualified voters in the affected area and passage of a resolution therefor by the directors of the water project district.

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

Source: SL 1984, ch 293, § 27.
S.D. Codified Laws § 46-2A-7.6 — SD Code / Title 46 / Chapter 2A / Section 46-2A-7.6
Unappropriated water to be available to held applications based on priority
Status: in_force

If the board determines that unappropriated water has become available from a fully appropriated groundwater source during the five-year review under § 46-2A-7.5 , the board shall make the unappropriated water available to the applications being held by the chief engineer based on the priority established in §§ 46-2A-7.2 and 46-2A-7.4 . The chief engineer shall process held applications in accordance with the notice provisions pursuant to chapter 46-2A until such time the board determines the groundwater source to again be fully appropriated in accordance with § 46-6-3.1 . Any remaining applications shall continue to be held by the chief engineer for future five-year reviews by the board. If there is remaining unappropriated water available after processing all held applications, the remaining unappropriated water is subject to general appropriation as provided by law.

Source: SL 2014, ch 214, § 7.
S.D. Codified Laws § 46A-9-36 — SD Code / Title 46A / Chapter 9 / Section 46A-9-36
Corporate powers of district vested in board of directors
Status: in_force

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

Source: SL 1939, ch 291, § 6; SDC Supp 1960, § 61.1306; SDCL, § 46-16-36.
S.D. Codified Laws § 46A-6-42 — SD Code / Title 46A / Chapter 6 / Section 46A-6-42
Funds of district--Deposit in bank, designation by board of directors, release of district treasurer from personal liability
Status: in_force

All funds of every kind and character, including moneys, credits, and other assets, belonging to any irrigation district, shall be by the treasurer deposited in a bank or banks within the State of South Dakota, which bank or banks shall be designated by the board of directors of such district. If no depository is designated, then the treasurer shall designate a bank or banks as a depository for such public funds. The deposit of such public funds as herein designated, shall relieve the treasurer of such irrigation district from personal liability for loss of such funds deposited through the insolvency or failure of such depository while deposited therein.

Source: SDC 1939, § 61.0857; SDCL, § 46-14-41.
S.D. Codified Laws § 46A-1-38 — SD Code / Title 46A / Chapter 1 / Section 46A-1-38
Covenants as to management of project and accounting for funds
Status: in_force

The district may covenant with or for the benefit of the holder of any bonds issued under this chapter as to all matters deemed advisable by the district including:

(1) The purposes, terms, and conditions for the issuance of additional parity or junior lien bonds that may thereafter be issued, and for the payment of the principal, redemption premiums, and interest on the bonds;

(2) The kind and amount of all insurance to be carried, the cost of which shall be charged as an operation and maintenance expense of any project;

(3) The operation, maintenance, and management of any project to assure the maximum use and occupancy of the project; the accounting for, and the auditing of, all income revenue from, and all expenses of, any project; the employment of engineers and consultants; and the keeping of records, reports, and audits of any project;

(4) The obligation of the district to maintain any project in good condition and to operate the project at all times in an economical and efficient manner;

(5) The terms and conditions for creating and maintaining debt service funds, reserve funds, and such other special funds as may be created in the resolution authorizing the bonds, separate and apart from all other funds and accounts of the district and the institution;

(6) The procedure by which the terms of any contract with the holders of the bonds may be amended, the amount of bonds the holders of which must consent to the amendment, and the manner in which consent may be given;

(7) Providing the procedure for refunding the bonds;

(8) Such other covenants as may be deemed necessary or desirable to assure a successful operation of any project and the prompt payment of the principal of and interest upon the bonds so authorized.

Source: SL 1972, ch 241, § 37; SDCL Supp, § 46-17A-36; SL 2011, ch 165, § 298.
S.D. Codified Laws § 46A-1-63.1 — SD Code / Title 46A / Chapter 1 / Section 46A-1-63.1
Consolidated water facilities construction program--Disbursements
Status: in_force

The state consolidated water facilities construction program is hereby established. Under this program the Board of Water and Natural Resources may grant or loan funds from the water and environment fund or from the proceeds of its discretionary bond issues allowed by § 46A-1-31 for construction of projects included in the state water facilities plan. Disbursements made through the consolidated water facilities construction program shall conform to the provisions of §§ 46A-1-61 and 46A-2-3 .

Source: SL 1986, ch 291, § 4; SL 1987, ch 29, § 98; SL 1989, ch 385, § 13; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 1992, ch 254, § 8; SL 1993, ch 34, § 8.
S.D. Codified Laws § 46A-9-61 — SD Code / Title 46A / Chapter 9 / Section 46A-9-61
Prices, rates, and charges--Contracts
Status: in_force

The board of directors, subject to the provisions of this chapter, may fix and establish the prices, rates, and charges at which any resources and facilities made available under the provisions of this chapter shall be sold and disposed of. The board may enter into any contracts and agreements, and do anything that in its judgment is necessary, convenient, or expedient for the accomplishment of any of the purposes and objects of this chapter, under such general regulations and upon such terms, limitations, and conditions as it shall prescribe. The board shall enter into contracts and fix and establish prices, rates, and charges to provide at all times funds sufficient to pay all costs of operation and maintenance of any of the works authorized by this chapter, together with necessary repairs to such works, and which will provide at all times sufficient funds to meet and pay the principal and interest of all bonds, warrants, notes, debentures, and other evidences of indebtedness as they severally become due and payable. However, nothing contained in this chapter authorizes any change, alteration, or revision of any such rates, prices, or charges as established by any contract entered into under authority of this chapter except as provided by the contract.

Source: SL 1939, ch 291, § 16; SDC Supp 1960, § 61.1316 (3); SDCL § 46-16-59; SL 2011, ch 165, § 485.
S.D. Codified Laws § 46A-2-6 — SD Code / Title 46A / Chapter 2 / Section 46A-2-6
Offices of district
Status: in_force

The Department of Agriculture and Natural Resources may equip, operate, and maintain an office as the principal place of business for the district and to establish other offices as required.

Source: SL 1959, ch 453, § 8; SDC Supp 1960, § 61.1408 (6); SDCL § 46-17-10 ; SL 2011, ch 165, § 313; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 46-10A-12 — SD Code / Title 46 / Chapter 10A / Section 46-10A-12
Petition of chief engineer to abolish area, suspend operation, change boundaries, amend powers of or suspend water master, or adjust administration of area
Status: in_force

The chief engineer, after appropriate investigation, may petition the board:

(1) To abolish a water use control area;

(2) To suspend the operation of a water use control area;

(3) To change the boundaries of a water use control area;

(4) To amend the powers and duties of a water master in a water use control area;

(5) To suspend or remove any water master appointed by it; or

(6) To adjust administration of a water use control area to protect valid water permits or rights within the water use control area or affected by the exercise of water rights within the water use control area.

Source: SL 1983, ch 314, § 190.
S.D. Codified Laws § 46A-7-43 — SD Code / Title 46A / Chapter 7 / Section 46A-7-43
Tax deed issued to district--Sale of land--Price
Status: in_force

After the issuance of any such tax deed to an irrigation district, the directors may sell and convey the land so purchased, or any part of the land, at either public or private sale, whether or not the price received for the land equals the amount of delinquent taxes, assessments, penalties, interest, and costs against the lands. However, if the lands are offered for sale at public sale, the directors may reject any bids on the lands, and no such lands may be sold by the directors at private sale until the lands have been offered for sale at public sale, nor at a price less than the highest price bid for the lands at the public sale at which the lands were offered. If no bid is received for the lands when the lands are offered for public sale, the directors may then sell the lands in such manner and for such price as they deem to be in the best interests of the district.

Source: SDC 1939, § 61.0915; SDCL § 46-15-43; SL 2011, ch 165, § 437.
S.D. Codified Laws § 46A-10A-73 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-73
Drains along and across railroads--Costs
Status: in_force

A drain may be constructed along a rail line, if necessary, if no damage is done to the rail line. If it is necessary to cross a railroad right - of - way, the railroad company, if so ordered by the board, shall make necessary openings through the right - of - way and construct and maintain culverts or bridges to permit free and unobstructed flow of water across the right - of - way. The cost of such construction and maintenance, except the cost of excavating the ditch across the right - of - way, shall be borne as outlined in § 46A-10A-74 . Service of such order shall be made upon the railroad company in the manner provided for the service of summons in a civil action. An order directing construction of a drainage bridge or culvert shall be served upon the railroad company. The railroad company shall have sixty days after the service of an order to construct the bridge or culvert.

Source: SL 1985, ch 362, § 74; SL 1986, ch 379, § 9.
S.D. Codified Laws § 46-7-15 — SD Code / Title 46 / Chapter 7 / Section 46-7-15
Removal or injury of piles prohibited
Status: in_force

No person may maliciously draw up, remove, cut, or otherwise injure any piles fixed in the ground and used for securing any bank or dam of any river, canal, drain, aqueduct, marsh, reservoir, pool, port, dock, quay, jetty, or lock.

Source: SDC 1939, § 13.4507; SL 1983, ch 314, § 130.
S.D. Codified Laws § 46A-6-34 — SD Code / Title 46A / Chapter 6 / Section 46A-6-34
Hearing of petition of board of directors for confirmation of issue and sale of bonds--Notice of filing, publication--Time and place
Status: in_force

The court shall fix the time for the hearing of the petition and shall order the clerk of courts to give and publish a notice of the filing of the petition. The notice shall be given and published in the same manner and for the same length of time that the notice of a special election to determine whether the bonds of the district shall be issued is required to be given and published. The notice shall state the time and place fixed for the hearing of the petition and prayer of the petition, and that any person interested in the organization of the district, or in the proceedings for the issue or sale of the bonds, may, on or before the day fixed for the hearing of the petition, answer or otherwise plead to the petition. The petition may be referred to and described in the notice as the petition of the district, giving its name, praying that the proceedings set forth therein may be examined, approved, and confirmed by the court.

Source: SDC 1939, § 61.0843; SDCL, § 46-14-33.
S.D. Codified Laws § 46A-9-20 — SD Code / Title 46A / Chapter 9 / Section 46A-9-20
Extension of district--Petition to include additional territory--Contents--Filing
Status: in_force

A water user district may be extended by including additional territory by filing in the Department of Agriculture and Natural Resources a petition in writing, verified by the circulator of the petition, addressed to the department, signed by at least twenty-five percent of the landowners or entrymen in any area to be included, and bearing the approval by resolution, of a majority of the board of directors of the water user district, upon compliance with the requirements set forth in this chapter. The petition shall contain a description of the lands to be included.

Source: SL 1943, ch 310; SDC Supp 1960, § 61.1304 (2); SDCL § 46-16-19; SL 2011, ch 165, § 472; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 46A-14-70 — SD Code / Title 46A / Chapter 14 / Section 46A-14-70
Budget--Operations and budget report--Publication--Hearing--Certification and collection of taxes and assessments
Status: in_force

The board of managers of a watershed district shall at the time of the organization of the board and annually thereafter on a date established by the district, but before the first of October, adopt a budget and prepare an operations and budget report. The report shall present estimates and itemizations of all the expenses and obligations of the water development district. Before approval of the budget by the district board of managers, a public hearing shall be held. Notice of the hearing shall be published once each week for two successive weeks in the watershed district's official newspapers. With the first notice, the budget shall be published in a form approved by the auditor general. At the conclusion of the hearing, the board of managers may eliminate or amend any portion of the budget before adoption.

On or before the first day of October in each year and after the watershed district's budget hearing, the managers shall certify to the county auditor of the county in which the land is located, all taxes and assessments against the landowners' lands and buildings in the district. Extension of the taxes and assessments upon the tax and assessment lists shall be made as specified in § 46A-14-58 . The taxes and assessments shall be collected in the same manner as other county taxes and assessments, and shall be deposited with the secretary-treasurer of the watershed district, who shall place them in the depository designated by the managers. The taxes and assessments shall be disbursed according to § 46A-14-75 .

Source: SL 1957, ch 492, § 33; SL 1959, ch 452, § 27; SDC Supp 1960, § 61.1533; SDCL § 46-24-69; SL 2011, ch 165, § 532; SL 2013, ch 228, § 48.
S.D. Codified Laws § 46A-10A-29 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-29
Failure of commission to act as approval--Extension of period by board
Status: in_force

Failure of a drainage commission to act within sixty - five days from the date of an official submission to it under the provisions of § 46A-10A-28 shall be deemed approval, unless a longer period is granted by the board within the sixty - five - day period.

Source: SL 1985, ch 362, § 29.
S.D. Codified Laws § 46A-2-17 — SD Code / Title 46A / Chapter 2 / Section 46A-2-17
Eminent domain--Exercise of power by board
Status: in_force

The Board of Water and Natural Resources may exercise the power of eminent domain as provided by law only when necessary for the purposes of acquiring and securing any right, title, interest, estate, or easement necessary to carry out the duties imposed by this chapter, which the district is unable to acquire by negotiation.

Source: SL 1959, ch 453, § 8; SDC Supp 1960, § 61.1408 (3); SDCL, § 46-17-18; SL 1987, ch 29, § 57.
S.D. Codified Laws § 46A-10A-9.4 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-9.4
Limitation on effectiveness of action required by Water Management Board
Status: in_force

Any action or official control required by the Water Management Board pursuant to § 46A-10A-9.3 shall remain in effect for a period of no longer than one year.

Source: SL 1987, ch 336, § 5.
S.D. Codified Laws § 46A-7-38 — SD Code / Title 46A / Chapter 7 / Section 46A-7-38
Special revenue fund for purchase of tax certificates and titles--Purpose--Resolution--Payment of taxes, assessments, interest, and penalties
Status: in_force

For the purpose of paying the taxes, assessments, interest, and penalties, the directors may create by resolution a fund to be known as the "special revenue fund for the purchase of tax certificates and titles." The directors may provide funds for the special revenue fund by levy, bond issue, or otherwise, and the district may pay the taxes, assessments, interest, and penalties by issuing a warrant to the county treasurer against the fund, if there is sufficient money in the fund to pay the taxes, assessments, interest, and penalties in full upon demand.

Source: SDC 1939, § 61.0912; SDCL § 46-15-38; SL 2011, ch 165, § 434.
S.D. Codified Laws § 46A-10A-6 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-6
Employment of personnel
Status: in_force

To carry out the purposes of this chapter, a board or commission may employ an engineer or a hydrologist, or both, and such staff as it deems necessary, and a board or commission may contract with engineering consultants or with other specialists including an attorney who may be a part - time state's attorney for services it requires.

Source: SL 1985, ch 362, § 7; SL 1986, ch 378, § 1.
S.D. Codified Laws § 46A-5-4 — SD Code / Title 46A / Chapter 5 / Section 46A-5-4
Determination of funds required--Authorization, issuance, and sale of bonds--Election--Amount of bonds
Status: in_force

The board of directors shall determine the amount of money necessary to be raised and, if a bond issue is contemplated, the bonds shall be authorized, issued, and sold as provided in chapter 6-8B , if a majority of all electors voting at the bond election authorize the bond issue. Except that no bonds may be issued for more than the actual estimated cost of formulating the general plan of proposed operation, including surveys, examinations, and plans that demonstrate the practicality of the plan, and the actual estimated cost of the purchases and construction work described in the general plan of proposed operation, as finalized. Estimated expenses relating to the issuance and sale of the bonds including bond printing expenses, bond registration fees, legal fees, fiscal agency fees, publication costs and election expenses, and capitalized interest during the estimated construction period and for one year thereafter may also be paid out of the proceeds of the bond issue.

Source: SDC 1939, § 61.0901; SDCL, § 46-13-4; SL 1976, ch 277, § 7; SL 1977, ch 366, § 2; SL 1984, ch 43, § 120; SL 1995, ch 253, § 2.
S.D. Codified Laws § 46A-10A-80 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-80
Maintenance of drains--Assessment of costs
Status: in_force

Any drain that has been constructed under the provisions of this chapter or chapter 46A-11 is under control of the board or commission and shall be kept open and in repair by it, unless otherwise provided. If any drain is situated in more than one county, care of the portion lying within each county is assigned to that county's board or commission to be kept open and in repair. The cost of repairs shall be assessed, levied, and collected in the same manner as provided in this chapter and chapter 46A-11 for construction of drains.

Source: SL 1985, ch 362, § 81.
S.D. Codified Laws § 46A-5-5 — SD Code / Title 46A / Chapter 5 / Section 46A-5-5
Contract with United States for construction, operation, and maintenance of works--Bonds not deposited in connection therewith, issuance unnecessary--Issuance of bonds for funds in addition to amount of federal contract
Status: in_force

If any contract is made with the United States as provided in § 46A-5-18 and bonds are not to be deposited with the United States in connection with such contract, bonds need not be issued or, if required to raise funds in addition to the amount of such contract, shall be issued only in the amount needed in addition thereto.

Source: SDC 1939, § 61.0810; SL 1953, ch 482; SDCL, § 46-13-5.
S.D. Codified Laws § 46A-9-63 — SD Code / Title 46A / Chapter 9 / Section 46A-9-63
Funds of district--Creation by board of directors--Identification--Separate accounts
Status: in_force

The board of directors shall create separate funds, one fund to be known as the construction fund, another fund to be known as the water fund, another fund to be known as the debt service fund, and, if the district provides services for the collection, treatment, or disposal of wastewater, a fund to be known as the wastewater fund. Each such fund shall be identified by the same series letter or letters as the bonds, warrants, notes, debentures, or other evidences of indebtedness of the series. A separate account shall be kept for each construction fund, each water fund, each wastewater fund, and each debt service fund for each project.

Source: SL 1939, ch 291, § 16; SDC Supp 1960, § 61.1316 (1); SDCL, § 46-16-61; SL 2006, ch 226, § 13.
S.D. Codified Laws § 46A-11A-5 — SD Code / Title 46A / Chapter 11A / Section 46A-11A-5
Parties to drainage dispute, property owners, and governmental entities affected by drainage activity--Meeting notice--Publication of public notice
Status: in_force

The requesting party shall promptly provide to the Department of Agriculture and Natural Resources, upon the agreement of at least two parties to enter into the mediation program created under this chapter, a list of other parties to the drainage dispute and any property owner and any county, municipality, township, or any agency of state or federal government reasonably determined by the requesting party to be affected by the drainage activity. The Department of Agriculture and Natural Resources shall send a mediation meeting notice to the identified parties, setting a time and place for an initial mediation meeting between the parties to the dispute and a mediator. This notice shall be in conjunction with a public notice of the mediation by the Department of Agriculture and Natural Resources that shall be published once each week for two consecutive weeks in one of the official newspapers designated by the county or counties where the real property involved in the drainage dispute is located. The last publication shall be published before the initial mediation meeting. The unintentional failure to notify any party who may potentially be impacted by the drainage activity may not prevent the mediation from being scheduled or completed. No notice is necessary to any property owner within the boundaries of a municipality.

Source: SL 2015, ch 226, § 5; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 46-5-24 — SD Code / Title 46 / Chapter 5 / Section 46-5-24
Amendment or change of plans of construction or place of diversion
Status: in_force

The plans of construction or place of diversion may be amended, but no amendment may authorize any extension of time for construction beyond five years from the date of the permit, except as provided by this chapter. A change in the proposed point of diversion of water or change of construction plans shall be subject to the procedures contained in chapter 46-2A and may not be allowed to the detriment of the rights of others having valid water permits or rights to the use of the water.

Source: SDC 1939, § 61.0123; SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0111; SL 1983, ch 314, § 52.
S.D. Codified Laws § 46A-2-18 — SD Code / Title 46A / Chapter 2 / Section 46A-2-18
Acquisition of water rights by district--Rights to appropriate water for energy industry use
Status: in_force

The district may acquire by appropriation, or by purchase, exchange, or gift, such water rights as are necessary for the development of its water resource projects, including projects for which it has secured authority to execute financing agreements pursuant to § 46A-1-49 . Notwithstanding any other provision of law, the district may acquire, by obtaining a permit or permits from the water management board, rights to appropriate water for energy industry use for marketing to energy industry users for such consideration and under such terms and conditions as are fixed by contract or instrument of conveyance. The district may not acquire rights to appropriate more than fifty thousand acre - feet of water for energy industry use per year.

Source: SL 1981 (2d SS), ch 1, § 3; SDCL Supp, § 46-17-18.1.
S.D. Codified Laws § 46-10A-2 — SD Code / Title 46 / Chapter 10A / Section 46-10A-2
Establishment of area--Petition of water right holders
Status: in_force

As an alternative to the provisions of § 46-10A-1 , a petition to establish a water use control area may be brought before the Water Management Board when signed by water right holders representing not less than fifty percent of the total rate of diversion under permit, filed vested rights or adjudicated rights in the geographical area described in the petition.

Source: SL 1983, ch 314, § 180.
S.D. Codified Laws § 46A-1-98 — SD Code / Title 46A / Chapter 1 / Section 46A-1-98
Confidentiality of trade secrets or commercial or financial information received by board or department
Status: in_force

Any documentary material or data made or received by the board or the Department of Agriculture and Natural Resources for the purpose of furnishing financial assistance to a business pursuant to the provisions of §§ 34A-6-81 to 34A-6-85.1 , inclusive; 46A-1-83 to 46A-1-84 , inclusive; and 46A-1-91 , to the extent that the material or data consists of trade secrets or commercial or financial information regarding the operation of such business, is not a public record, and is exempt from disclosure. Any discussion or consideration of such trade secrets or commercial or financial information by the board may be done in executive session closed to the public.

Source: SL 1997, ch 254, § 2; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 46A-1-19 — SD Code / Title 46A / Chapter 1 / Section 46A-1-19
Interim financing--Proper authority required
Status: in_force

Before entering into any financing arrangement under § 46A-1-18 , 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 interim financing has the authority and power to construct that project, borrow these funds, and enter into the financing arrangement. The board shall also be so satisfied that all procedures, resolutions, and other things necessary to exercise such authority and power have been properly performed.

Source: SL 1979, ch 301, § 12; SDCL Supp, § 46-17A-23.2.
S.D. Codified Laws § 46A-6-6 — SD Code / Title 46A / Chapter 6 / Section 46A-6-6
Contract with United States for drainage of lands in district--Contract by board of directors for drainage of contiguous outside lands, assumption of cost and repayment to United States
Status: in_force

Whenever any irrigation district shall have contracted with the United States to effectuate the drainage of the lands within the district, or any part thereof, the board of directors, if it deems it for the best interests of the irrigation district, may enter into a contract to provide for the drainage of contiguous outside lands, the cost of such drainage work to be assumed and repaid to the United States by the irrigation district as a part of the irrigation district's obligation for the drainage of district lands.

Source: SDC 1939, § 61.0924; SDCL, § 46-14-6.
S.D. Codified Laws § 46A-15-13 — SD Code / Title 46A / Chapter 15 / Section 46A-15-13
Expenses of members--Staff services--Payment of expenses incurred
Status: in_force

No member of the Missouri River cost recovery authority may receive any compensation for services rendered under §§ 46A-15-5 to 46A-15-14 , inclusive. Members shall be reimbursed for per diem and necessary expenses incurred in connection with the duties and powers of the Missouri River cost recovery authority. All staff services required by the authority shall be provided by the Department of Agriculture and Natural Resources. All expenses incurred in carrying out the work of the authority, including the per diem and travel expenses of the authority members and staff, shall be paid out of funds appropriated or otherwise made available to the authority.

Source: SL 1988, ch 369, § 9; 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-18-56 — SD Code / Title 46A / Chapter 18 / Section 46A-18-56
Operation and maintenance of completed projects--Budget
Status: in_force

The directors shall provide for adequate annual maintenance of the district's project works once constructed. They shall adopt an overall project schedule of routine operation and maintenance. They shall prepare annual operation and maintenance budgets for each calendar year in which is stated the operation and maintenance work to be done during the budget year and the estimated cost.

Source: SL 1984, ch 293, § 55.
S.D. Codified Laws § 46A-15-1 — SD Code / Title 46A / Chapter 15 / Section 46A-15-1
Cooperation with other governmental agencies in promotion and development--Authority of Governor
Status: in_force

The Governor is authorized to cooperate in behalf of the state with other states and with the federal government in the promotion of and development of the Missouri River as an agency to produce cheap power, create irrigational opportunity, lessen the cost of transportation by navigation thereof, and curtail the destructive effects of erosion and the carrying forward of silt and aid in the control of flood waters thereof.

Source: SDC 1939, § 55.4801; SDCL, § 46-27-1.
S.D. Codified Laws § 46A-3A-12 — SD Code / Title 46A / Chapter 3A / Section 46A-3A-12
Question to establish district--Conduct of election--Promulgation of rules
Status: in_force

Except as otherwise provided, an election to form a water development district must be conducted, canvassed, recounted, and contested, insofar as applicable, in accordance with the general election laws of this state.

The Board of Water and Natural Resources may, in accordance with chapter 1-26 , promulgate rules to address any matter related to the conduct of an election governing the establishment of a district, as set forth in chapters 46A-3A to 46A-3E , inclusive, or in the general election laws of this state.

Source: SL 1984 (SS), ch 1, § 13E; SL 1993, ch 256, § 67; SL 2025, ch 186, § 14.
S.D. Codified Laws § 46A-9-50 — SD Code / Title 46A / Chapter 9 / Section 46A-9-50
Cooperation with United States in acquisition and disposition of property
Status: in_force

The water user district may purchase and acquire lands, water rights, rights-of-way, and real and personal properties of every nature in cooperation with the United States under such conditions as the board deems advisable. The district may convey such rights and property under conditions, terms, and restrictions approved by the board of directors and the federal government or any of its agencies. The district may pay the purchase price and any construction costs or other necessary expenses and costs in connection with any works contemplated by this chapter either from its own funds or cooperatively with the federal government.

Source: SL 1939, ch 291, § 12; SDC Supp 1960, § 61.1312; SDCL § 46-16-48; SL 2011, ch 165, § 484.
S.D. Codified Laws § 46A-15-2 — SD Code / Title 46A / Chapter 15 / Section 46A-15-2
Disbursement of funds
Status: in_force

The Governor may use funds appropriated by the Legislature or which may be received from any other source for such specific purpose in carrying out the provisions and intent of § 46A-15-1 . The funds shall be disbursed by warrant of the state auditor upon the state treasurer upon vouchers approved by the Governor.

Source: SDC 1939, § 55.4802; SDCL § 46-27-2; SL 2011, ch 165, § 535.
S.D. Codified Laws § 46A-3D-1 — SD Code / Title 46A / Chapter 3D / Section 46A-3D-1
Office of district--Employees
Status: in_force

A water development district board of directors may equip, maintain, and operate an office, within the district, as its principal place of business and establish other offices as necessary.

The board of directors may appoint and fix compensation of any employees necessary to conduct the business of the district and carry out the intent of chapters 46A-3A to 46A-3E , inclusive.

An employee of the district may not serve as a director.

Source: SL 1984 (SS), ch 1, § 32; SL 2025, ch 186, § 39.
S.D. Codified Laws § 46A-15-14 — SD Code / Title 46A / Chapter 15 / Section 46A-15-14
Governor authorized to negotiate, make agreements, with federal government
Status: in_force

The Governor may enter into negotiations and subsequent agreements with Congress and the federal government for resolution of South Dakota's Pick - Sloan entitlements.

Source: SL 1988, ch 369, § 10.
S.D. Codified Laws § 46A-4-59 — SD Code / Title 46A / Chapter 4 / Section 46A-4-59
Payment by petitioners of share of original district assessments as condition for granting petition
Status: in_force

The board of directors to whom a petition to include land within the district is presented may require, as a condition precedent to the granting of the petition, that the petitioners shall severally pay to the district such prospective sums to be determined by the board, as nearly as the same can be estimated, as the petitioners or their grantors would have been required to pay to the district, as assessments, had the lands been included in the district at the time the district was originally formed.

Source: SDC 1939, § 61.0822; SDCL § 46-12-58; SL 2011, ch 165, § 355.
S.D. Codified Laws § 46A-18-48 — SD Code / Title 46A / Chapter 18 / Section 46A-18-48
Municipality contracting for payments to district--Election required
Status: in_force

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

Source: SL 1984, ch 293, § 47; SL 1992, ch 60, § 2.
S.D. Codified Laws § 46A-18-52 — SD Code / Title 46A / Chapter 18 / Section 46A-18-52
Review of tax levies
Status: in_force

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

Source: SL 1984, ch 293, § 51.
S.D. Codified Laws § 46A-9-46.1 — SD Code / Title 46A / Chapter 9 / Section 46A-9-46.1
Municipal approval of location of wastewater plant or system--Exception for existing plant or system
Status: in_force

No portion of any plant or system that is operated by a water user district for the collection, treatment, or disposal of wastewater, including sanitary sewers and sewage and sewage treatment plants and systems, may be located within a zone that extends ten miles outward from the corporate limits of any municipality without the approval of the municipality. However, if the ten-mile zones of more than one municipality overlap, the jurisdiction of each municipality over any such plant or system terminates at a boundary line equidistant from the respective corporate limits of the municipalities; and the water user district shall obtain the approval of each municipality that would have jurisdiction over any portion of the plant or system to be operated by the water user district. The restrictions provided in this section do not apply to any portion of any such plant or system if the portion was in existence on July 1, 2006 or if the portion predates any expansion by a municipality that would otherwise cause the plant or system to be in violation of this section.

Source: SL 2006, ch 226, § 7.
S.D. Codified Laws § 46A-10A-92 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-92
Abandonment of project--Procedure
Status: in_force

Any intrastate drainage project, local drainage project, or drainage works established prior to July 1, 1985, existing under the provisions of prior state law or existing under the provisions of this chapter and chapter 46A-11 may be abandoned and abolished after a petition has been filed, notice has been published, and a hearing has been held by the board having jurisdiction. Petition, notice, and hearing procedures shall be the same as for construction of a drainage project. An election may be held on the issue and shall follow the procedures outlined in § 46A-10A-43 .

Source: SL 1985, ch 362, § 93.
S.D. Codified Laws § 46A-9-79 — SD Code / Title 46A / Chapter 9 / Section 46A-9-79
Appointment of water master
Status: in_force

The board of directors of any water user district may annually appoint a water master for the district subject to approval by the Water Management Board. Once approved, the board of directors may contract with the water master with regard to the terms and conditions of his employment. The district is bound by the provisions of the contract and shall pay the water master directly.

Source: SL 1990, ch 363, § 1.
S.D. Codified Laws § 46-10A-11 — SD Code / Title 46 / Chapter 10A / Section 46-10A-11
Violations of orders of board or water master
Status: in_force

Violation of any order of the Water Management Board or of the water master is regarded as a violation of the terms of a permit or license under the provisions of § 46-1-12 .

Source: SL 1983, ch 314, § 189.
S.D. Codified Laws § 46-5-30.5 — SD Code / Title 46 / Chapter 5 / Section 46-5-30.5
Unpermitted acreage developed for irrigation--Requirement
Status: in_force

Acreage developed for irrigation outside of the acreage described on the permit may be licensed pursuant to § 46-5-30.1 , if no increase occurs in either permitted acreage or water appropriated. The unpermitted acreage shall be contiguous to the permitted acreage, owned by the same property owner, and developed as part of the original irrigation project within the time period designated for completion of works. The unpermitted acreage added to a license under this section retains the priority date assigned to the original permit. Licensing of the unpermitted acreage may occur without application or publication pursuant to § 46-2A-4 , if the chief engineer makes a finding that existing water rights will not be impaired and the overall project, as developed, is consistent with the original application. This section does not apply to the transfer of licensed acreage from one parcel of land to another as provided for by § 46-5-34 .

Source: SL 1996, ch 263, § 5.
S.D. Codified Laws § 46A-1-22 — SD Code / Title 46A / Chapter 1 / Section 46A-1-22
Terms of interim notes
Status: in_force

Any resolution authorizing the issuance of such notes shall specify the principal amount, rate of interest and maturity date, but not to exceed five years from date of issue, and such other terms as may be specified in such resolution.

Source: SL 1972, ch 241, § 26; SDCL Supp, § 46-17A-24 ; SL 1986, ch 367.
S.D. Codified Laws § 46A-7-3.1 — SD Code / Title 46A / Chapter 7 / Section 46A-7-3.1
Eligibility to vote on special assessment
Status: in_force

Only those electors whose land may be specially assessed to raise funds are eligible to vote in an election held pursuant to the provisions of § 46A-7-3 .

Source: SL 1984, ch 295, § 2.
S.D. Codified Laws § 46A-4-92 — SD Code / Title 46A / Chapter 4 / Section 46A-4-92
Payment of outstanding obligations with proceeds of property sales--Prices paid
Status: in_force

After a sale of the property and franchises of the district, the board of directors shall, with the amount realized from the sale, together with other funds of the district, make settlement, payment, and redemption, if possible, of all outstanding bonded and other indebtedness of the district. However, in no case may the district pay more than the par value of the outstanding bonds with interest up to the time of payment plus any redemption premium agreed upon by the district at the time the outstanding bonds are issued.

Source: SDC 1939, § 61.0848; SDCL § 46-12-87; SL 1976, ch 277, § 6; SL 2011, ch 165, § 375.
S.D. Codified Laws § 46-10A-15 — SD Code / Title 46 / Chapter 10A / Section 46-10A-15
Approval of petition under §46-10A-12or46-10A-13--When required
Status: in_force

The Water Management Board shall approve a petition brought under the provisions of § 46-10A-12 or 46-10A-13 upon finding that approval of the petition is in the public interest and will further the goal of efficient and equitable apportionment of water among affected water permit or right holders.

Source: SL 1983, ch 314, § 193.
S.D. Codified Laws § 46A-7-46 — SD Code / Title 46A / Chapter 7 / Section 46A-7-46
Claims against fund fully paid--Transfer of unused balance
Status: in_force

If the claims or obligations against any fund for any year are fully paid, the board of directors may transfer any unused balance to any other fund for the preceding or succeeding year.

Source: SDC 1939, § 61.0910; SDCL § 46-15-46; SL 2011, ch 165, § 440.
S.D. Codified Laws § 46A-9-19 — SD Code / Title 46A / Chapter 9 / Section 46A-9-19
Additional territory, inclusion in district
Status: in_force

The procedure for extending a water user district by including additional territory shall be as provided by §§ 46A-9-20 to 46A-9-23 , inclusive.

Source: SL 1943, ch 310; SDC Supp 1960, § 61.1304 (2); SDCL, § 46-16-18.
S.D. Codified Laws § 46A-3B-5 — SD Code / Title 46A / Chapter 3B / Section 46A-3B-5
Certification of nominating petitions--Ballots--Primary election--Certification of single nominee--Initial election
Status: in_force

If three or more nominating petitions are filed for the position of director, the secretary of state must certify the nomination of candidates to the respective county auditors and the water development district office. The district office shall furnish nonpolitical sample and official ballots in adequate numbers and with adequate time to permit distribution of the ballots, by the respective county auditors, together with other primary election ballots.

Following a primary election, the two candidates receiving the most votes cast in the primary election must be certified and ballots must be furnished in the same manner as for the primary election, but in time to permit distribution of the ballots by the respective county auditors, together with other general election ballots.

If only two nominating petitions are filed, the names of both candidates must be certified and ballots must be furnished as provided in this section.

If only one nominating petition is filed, a certificate of election must be issued to the nominee in the same manner as to a successful candidate after an election.

In the case of an initial election, the Board of Water and Natural Resources shall certify the names of the candidates and furnish ballots in time to permit distribution of the ballots by the county auditors prior to the general or special election.

Source: SL 1984 (SS), ch 1, § 19; SL 1989, ch 386, § 3; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 2025, ch 186, § 25.
S.D. Codified Laws § 46A-18-73 — SD Code / Title 46A / Chapter 18 / Section 46A-18-73
Municipalities' powers as to waterworks unaffected
Status: in_force

This chapter may not be construed to deprive any municipality within the state, located either wholly or partially within any district, from the exercise of any rights to construct, acquire, operate, maintain, or dispose of waterworks or to perform other of its lawful functions. However, any municipality may contract with any district for storage, purchase, or distribution of water for municipal, domestic, or industrial purposes.

Source: SL 1984, ch 293, § 72; SL 1992, ch 60, § 2.
S.D. Codified Laws § 46A-18-24 — SD Code / Title 46A / Chapter 18 / Section 46A-18-24
Notice of annual meeting and election
Status: in_force

The water project district directors shall publish a notice once each week for three consecutive weeks immediately prior to the annual election and meeting stating the time, place, and purpose of the election and meeting, the names of the director candidates and the director division that each candidate is to represent in a legal newspaper of general circulation in each county that has land situated within the district. The notice shall also include information on any project reserve fund established by the district, as provided in § 46A-18-57.1 .

Source: SL 1984, ch 293, § 23; SL 1990, ch 366, § 6.
S.D. Codified Laws § 46A-10A-103 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-103
Voting rights of title holder
Status: in_force

Anyone who has acquired ownership of assessed lands since the latest certificate from the auditor may vote at any election if the person presents evidence of title to the election board for its inspection at the time the person demands the right to vote.

Source: SL 1997, ch 256, § 6.
S.D. Codified Laws § 46A-10A-114 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-114
Compensation of trustees and clerk of board--Filing requirements
Status: in_force

The compensation of the trustees and the clerk of the board shall be fixed at twenty - five dollars per day and necessary expenses, to be paid out of the funds of the drainage district for each day necessarily expended in the transaction of business of the district, but no person may draw compensation for services as a trustee and as a clerk at the same time. Each trustee shall file with the auditor itemized, verified statements of the time devoted to the business of the district, and of the expenses incurred.

Source: SL 1997, ch 256, § 17.
S.D. Codified Laws § 46A-18-14 — SD Code / Title 46A / Chapter 18 / Section 46A-18-14
Findings by board--Dismissal or approval of petition--Election date after approval
Status: in_force

The Board of Water and Natural Resources, within ninety days from the receipt of a petition, or within ninety days from the time funds become available to defray the cost of an investigation, shall determine whether the proposed project is feasible and conforms to public convenience and welfare. If the project is deemed not feasible or not conforming to public convenience and welfare, the board shall dismiss the petition. If the board determines that the project is feasible and conforms to public convenience and welfare, the board shall by resolution approve the petition and call an election of the qualified voters of the proposed water project district on the question of whether the proposed district should be established. The election shall be held as provided in §§ 6-16-4 to 6-16-6 , inclusive.

Source: SL 1984, ch 293, § 13; SL 1998, ch 36, § 76; SL 2007, ch 257, § 2.
S.D. Codified Laws § 46A-10A-13 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-13
Joint county-municipal drainage activities
Status: in_force

A contract between a governing body of a municipality and a board may provide for joint county - municipal drainage activities.

Source: SL 1985, ch 362, § 13.
S.D. Codified Laws § 46A-4-12 — SD Code / Title 46A / Chapter 4 / Section 46A-4-12
Change in proposed boundaries by board--Exclusion of certain lands from district
Status: in_force

The Board of Water and Natural Resources may make changes in the proposed boundaries as it deems proper and shall exclude from the district proposed by the petitioners land that is not susceptible of irrigation by the proposed system of works. The board may not allow land which will not be benefited by irrigation by the system of works or a portion thereof to be included in the proposed district. Upon written request by an owner or entryman before the board's hearing on the question of formation, the board shall exclude the owner's or entryman's land from the proposed district.

Source: SDC 1939, § 61.0802; SL 1947, ch 417, § 2; SDCL § 46-12-12; SL 1984, ch 294, § 12; SL 2011, ch 165, § 335.
S.D. Codified Laws § 46A-18-22 — SD Code / Title 46A / Chapter 18 / Section 46A-18-22
Organization of directors--Chairman--Secretary-treasurer
Status: in_force

The directors shall organize by electing one of their members chairman and one vice - chairman and by appointing a secretary - treasurer, who is not a member of the board and whose compensation and bond shall be set by the directors. The directors shall provide the necessary books, records, furniture, and equipment for the conduct and transaction of official business.

Source: SL 1984, ch 293, § 21.
S.D. Codified Laws § 46A-3A-11 — SD Code / Title 46A / Chapter 3A / Section 46A-3A-11
Question to establish district--Ballots--Form
Status: in_force

The question regarding the establishment of a water development district must be presented upon a separate ballot, prepared by the Board of Water and Natural Resources. The ballot must, insofar as applicable, be in the form prescribed by the general election laws.

Source: SL 1984 (SS), ch 1, § 13D; SL 2025, ch 186, § 13.
S.D. Codified Laws § 46A-4-72 — SD Code / Title 46A / Chapter 4 / Section 46A-4-72
Order excluding land from irrigation district--Entry in minutes of board of directors--Filing and recording--Effect of order
Status: in_force

Upon the entry in the minutes of the board of directors of any of the orders hereinafter in this chapter mentioned, a copy thereof, certified by the president and secretary of the board, shall be filed for record in the office of the Board of Water and Natural Resources and also in the office of the register of deeds of each county within which are situated any of the lands of the district; and thereupon the district shall be and remain an irrigation district as fully, to every intent and purpose, as it would be had no change been made in the boundaries of the district or had the lands excluded therefrom never constituted a portion of the district.

Source: SDC 1939, § 61.0837; SDCL, § 46-12-71.
S.D. Codified Laws § 46-5-2 — SD Code / Title 46 / Chapter 5 / Section 46-5-2
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 such 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 such dam or upon which an easement for such purpose has been secured.

Source: SDC 1939, § 61.0101; SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0137.
S.D. Codified Laws § 46A-1-27 — SD Code / Title 46A / Chapter 1 / Section 46A-1-27
Bond provisions applicable to interim financing
Status: in_force

The provisions of §§ 46A-1-38 to 46A-1-44 , inclusive, § 46A-1-46 , § 46A-1-49 , § 46A-1-54 , §§ 46A-1-56 to 46A-1-59 , inclusive, and § 46A-1-70 , relating to bonds shall also apply to notes issued pursuant to § 46A-1-17 .

Source: SL 1979, ch 301, § 9; SDCL Supp, § 46-17A-28.1.
S.D. Codified Laws § 46A-2-25 — SD Code / Title 46A / Chapter 2 / Section 46A-2-25
Acceptance of assistance to aid and promote water resources projects
Status: in_force

The Board of Water and Natural Resources may accept funds, property, and services or other assistance, financial or otherwise, from federal, state, and other public sources for the purpose of aiding and promoting the construction, maintenance, and operation of any water resource project.

Source: SL 1959, ch 453, § 8; SDC Supp 1960, § 61.1408 (4); SL 1964, ch 223, § 2; SDCL § 46-17-23; SL 2011, ch 165, § 319.
S.D. Codified Laws § 46A-6-44 — SD Code / Title 46A / Chapter 6 / Section 46A-6-44
Costs of acquisition of property and construction of works and improvements--Payment out of construction fund or in district bonds
Status: in_force

The cost and expense of purchasing and acquiring property, and constructing the works and improvements provided for in chapter 46A-5 and this chapter, shall be wholly paid out of the construction fund or in the bonds of such district at their par value.

Source: SDC 1939, § 61.0921; SDCL, § 46-14-43; SL 1976, ch 277, § 14.
S.D. Codified Laws § 46A-1-13.10 — SD Code / Title 46A / Chapter 1 / Section 46A-1-13.10
Lewis and Clark Rural Water System authorized
Status: in_force

Pursuant to §§ 46A-1-11 to 46A-1-13 , inclusive, construction of the South Dakota project features of a two hundred seventy-two million eight hundred thousand dollar Lewis and Clark Rural Water System as generally described in the report "Feasibility Level Evaluation of a Missouri River Regional Water Supply for South Dakota, Iowa and Minnesota" dated September 1993, is hereby authorized for the purposes of providing safe and adequate municipal, rural and industrial water supplies as well as mitigation of wetlands and water conservation in the counties of Union, Clay, Lincoln, Turner, Minnehaha, McCook, and Lake.

There is hereby authorized state grants in the amount of nineteen million six hundred eighty-five thousand dollars ($19,685,000), or so much thereof as may be necessary, to provide the State of South Dakota's portion of the nonfederal matching requirement for the Lewis and Clark Rural Water System. No disbursements may be made under the grant authorized by this section unless funds are appropriated by the Legislature. Grant terms and conditions shall be set by the Board of Water and Natural Resources.

The grant authorized by this section may be increased or decreased by such amounts as may be justified by reason of ordinary fluctuations in development costs incurred after September 1993, as indicated by engineering costs indices applicable for the type of construction involved.

For purposes of § 1.103-1 of the federal income tax regulations, Lewis and Clark Rural Water System, Inc. is hereby recognized as a corporation authorized to act on behalf of its members, including its South Dakota member governmental units, to provide drinking water to their communities, and to issue debt obligations in its own name on behalf of some or all of its members. However, no South Dakota member governmental unit is liable for the payment of principal of or interest on such obligations.

Source: SL 1993, ch 48, § 41; SL 2001, ch 242, § 6; SL 2003, ch 233, § 2; SL 2007, ch 256, § 2, eff. Feb. 28, 2007; SL 2008, ch 235, § 2, eff. Feb. 27, 2008.
S.D. Codified Laws § 46-7-1 — SD Code / Title 46 / Chapter 7 / Section 46-7-1
Excess capacity of works--Availability for beneficial use
Status: in_force

The owner of any works for storage, diversion, or carriage of water which have a capacity in excess of the needs of the owner for lawful application of water to beneficial use may be required to make the excess capacity available, at reasonable rates, to any person entitled to use water for beneficial purposes. However, the excess capacity need not be made available if the use of the excess capacity would unreasonably damage existing works or require substantial modification of the works. Upon petition, the Water Management Board may determine if excess capacity can be used without unreasonable damage to existing works or without requiring substantial modification of the works. If the board's findings are positive, it may establish reasonable rates and may set the compensation to be paid to the owner for damage to existing works. This section does not obligate any person to continue operation of any works.

Source: SDC 1939, § 61.0136; SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0121; SL 1983, ch 314, § 115.
S.D. Codified Laws § 46-2A-16 — SD Code / Title 46 / Chapter 2A / Section 46-2A-16
Validation of vested water right claim--Notice
Status: in_force

Any claim for vested rights as defined in § 46-1-9 or 46-6-1 that has been accepted for filing by the chief engineer or Board of Water Management, prior to July 1, 1986, is eligible for validation. The chief engineer shall prepare a list based on the point of diversion of these vested rights on a county - by - county basis. By July 31, 1988, the chief engineer shall cause to be published once a week for two consecutive weeks in a newspaper of general circulation in each county a notice of these vested rights in the county in which the notice is published. The notice shall include the following:

(1) The name and address of these vested right holders;

(2) The legal description of the diversion points and, if the water is used for irrigation purposes, the legal description of the land on which the water has been used;

(3) The source of water;

(4) A statement that any person who wishes to oppose validation of any such vested right shall, within ninety days of the date of the last publication, file a petition of intent to oppose the validation with the department and with the vested right holder; and

(5) A statement that any interested person may obtain a copy of the chief engineer's vested right list for other counties from the department.

A copy of each notice published in a county shall be mailed by the chief engineer by first class mail to all known water right or water permit holders in that county. No hearing may be scheduled unless a petition of intent to oppose is filed.

Source: SL 1986, ch 363, § 1.
S.D. Codified Laws § 46A-1-21 — SD Code / Title 46A / Chapter 1 / Section 46A-1-21
Interim financing--Proceeds pledged as security--Assignment to district of rights to proceeds
Status: in_force

Any interim financing arrangement under § 46A-1-18 shall provide that the person or public entity receiving the proceeds of such interim financing shall pledge and dedicate the proceeds of its loan or grant from the United States as security for the interim notes issued pursuant to the financing arrangement. In addition, the execution of any interim financing arrangement under § 46A-1-18 shall constitute an assignment to the district of the right to receive the proceeds of the federal loan or grant so far as is necessary to secure the interim notes issued pursuant to the arrangement and in preference to any other obligation whatsoever of the person or public entity receiving the interim financing.

Source: SL 1979, ch 301, § 13; SDCL Supp, § 46-17A-23.4.
S.D. Codified Laws § 46A-18-68 — SD Code / Title 46A / Chapter 18 / Section 46A-18-68
Claims against district--Payment by warrant or order--Registration
Status: in_force

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

Source: SL 1984, ch 293, § 67; SL 2011, ch 165, § 542.
S.D. Codified Laws § 46A-6-22 — SD Code / Title 46A / Chapter 6 / Section 46A-6-22
Debt service fund--Investment in federal or state bonds or certificates of deposit, deposits in banks within state
Status: in_force

Every district maintaining a debt service fund for the payment of outstanding bonds shall keep the accumulations in the debt service fund deposited with the lawful depositories or invested in registered warrants or bonds of any municipal or public corporation of the state, or bonds, notes, or other obligations issued by any federal land bank, federal intermediate credit bank, bank for cooperatives, or any or all of the federal farm credit banks, or obligations of the United States, or bonds or securities of any kind issued by the state, and the interest accruing on the investment shall be credited to the debt service fund. Moneys in any debt service fund shall be invested only in the above - named securities as will become due and payable on or before the date when the bonds for the payment of which the debt service fund was created become due and payable, except bonds of the United States or of the state.

In carrying out the provisions of this section, all transactions shall be by resolution of the board of directors.

Source: SDC 1939, § 61.0918; SDCL, § 46-14-21; SL 1984, ch 43, § 122.
S.D. Codified Laws § 46A-7-21 — SD Code / Title 46A / Chapter 7 / Section 46A-7-21
Responsibilities of county treasurer for taxes
Status: in_force

All such taxes collected and paid to the county treasurer shall be received by the treasurer in the treasurer's official capacity. The treasurer is responsible for the safekeeping, disbursement, and payment of the taxes, the same as for other money collected in the treasurer's official capacity.

Source: SDC 1939, § 61.0907; SL 1949, ch 435, § 3; SDCL § 46-15-21; SL 2011, ch 165, § 425.
S.D. Codified Laws § 46-7-3 — SD Code / Title 46 / Chapter 7 / Section 46-7-3
Repair of works required--Rules
Status: in_force

The owner of any works for the storage, diversion or carriage of water or for the application of water to beneficial use, including wells, shall keep the works in good repair at all times to ensure safety of the works and to prevent waste of water. The water management board may promulgate rules pursuant to chapter 1-26 to establish minimum safety standards for the design, construction, alteration, maintenance and repair of works. For the purpose of making repairs, the owner may enter upon the lands where the works are located, taking care to avoid unnecessary damage, and shall pay the owner of the lands for any actual damage which is caused.

Source: SDC 1939, § 61.0426; SL 1955, ch 431, § 1; SL 1983, ch 314, § 117; SL 1987, ch 328, § 1.
S.D. Codified Laws § 46A-6-31 — SD Code / Title 46A / Chapter 6 / Section 46A-6-31
Special court proceeding to confirm contracts or assessments-- Procedure--Partial approval--Curing of defects
Status: in_force

The board of directors may, in connection with making any contract with the United States or others, levying any assessment, or taking any particular steps or action, commence a special proceeding in the circuit court, in and by which the proceedings of the district leading up to or including the making of any such contract, and the validity of any of the terms of the contract, the levying of any such assessment, or the taking of any particular steps or action, shall be judicially examined, approved, and confirmed or disapproved and disaffirmed. The practice and procedure for the confirmation of any step or action provided for shall conform as nearly as possible with the practice and procedure now provided for the confirmation before the issuance and sale of bonds of irrigation districts. The court may approve and confirm the proceedings in part and may disapprove and declare illegal or invalid other and subsequent parts of the proceedings. Insofar as possible, the court shall remedy and cure all defects in the proceedings.

Source: SDC 1939, § 61.0812; SDCL § 46-14-30; SL 2011, ch 165, § 404.
S.D. Codified Laws § 46A-1-92 — SD Code / Title 46A / Chapter 1 / Section 46A-1-92
Legislative findings and authorization of certain water development projects
Status: in_force

The Legislature finds that it is in the best interests of South Dakota to further the development of those water projects identified in the state water resources management system and consolidated water facilities plan, consistent with the goals established in § 46A-2-2 . The Legislature further finds that pursuant to §§ 46A-1-11 to 46A-1-13 , inclusive, the Board of Water and Natural Resources has reviewed the feasibility studies, costs and benefits of certain water development projects and found it to be in the best interest of South Dakota that they receive legislative authorization. Among those projects recognized by the board are Mid-Dakota Rural Water System pursuant to resolution 91-41, Mni Wiconi Rural Water System pursuant to resolution 91-42, Lake Andes-Wagner/Marty II Irrigation Projects pursuant to resolution 91-43, Sioux Falls Flood Control Project pursuant to resolution 91-45, Black Hills Hydrology Study pursuant to resolution 91-46 and James River Improvement Project pursuant to 91-47. Therefore, the Legislature finds it is in the best interest of South Dakota to provide legislative authorization of these projects as provided in § 46A-1-11 .

Source: SL 1992, ch 254, § 7.
S.D. Codified Laws § 46A-18-74 — SD Code / Title 46A / Chapter 18 / Section 46A-18-74
Petition for dissolution of district--Election--Notice--Ballots
Status: in_force

Twenty - five or more qualified voters or twenty - five percent of the qualified voters of a water project district, whichever is less, may petition the district directors to submit to an election the question of dissolving the district and settling its bonded and other indebtedness. Upon receipt of the petition the directors shall call a special election to be held within no less than sixty days but no more than ninety days after receipt of the petition. Notice of the election shall be published in a legal newspaper of general circulation in each county or counties in the district once each week for three successive weeks. The notice shall state that an election is to be held to determine whether the water project district shall be dissolved. The ballots shall read as follows:

For dissolution of (Name) Water Project District ()

Against dissolution of (Name) Water Project District ().

Source: SL 1984, ch 293, § 73; SL 1990, ch 366, § 18.
S.D. Codified Laws § 46A-4-83 — SD Code / Title 46A / Chapter 4 / Section 46A-4-83
Election ballots on dissolution of district--Form and contents--Conduct of election
Status: in_force

The directors shall provide ballots to be used at an election called pursuant to § 46A-4-81 , on which shall be written or printed the words: "For dissolution, Yes," and "For dissolution, No." The ballots shall be placed in the hands of the proper election officers in the several voting precincts of the district before the opening of the polls on the day of the election. The election shall be conducted in all respects in the same manner as provided for the election of officers of the district.

Source: SDC 1939, § 61.0848; SDCL § 46-12-78; SL 2011, ch 165, § 368.
S.D. Codified Laws § 46A-5-17 — SD Code / Title 46A / Chapter 5 / Section 46A-5-17
Bids unnecessary for contract with United States
Status: in_force

The provisions of §§ 46A-5-13 to 46A-5-16 , inclusive, do not apply in case of any contract between the district and the United States.

Source: SDC 1939, § 61.0919; SDCL § 46-13-17; SL 2011, ch 165, § 382.
S.D. Codified Laws § 46-5-3 — SD Code / Title 46 / Chapter 5 / Section 46-5-3
Natural spring forming part of stream--Right to appropriate flow from spring
Status: in_force

Nothing in § 46-5-1 or 46-5-2 may be construed to prevent the owner of land on which a natural spring arises and which constitutes the source or part of the water supply of a definite stream from acquiring a right to appropriate the flow from the spring as provided by law for appropriation of waters.

Source: SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0137; SL 1983, ch 314, § 40.
S.D. Codified Laws § 46A-7-22 — SD Code / Title 46A / Chapter 7 / Section 46A-7-22
Alternative method of collection of assessments against acreage within United States reclamation project
Status: in_force

In addition to other provisions of the laws of this state for the collection of assessments levied against the acreage of an irrigation district, the board of directors of any irrigation district organized within a United States reclamation project may make collections of all assessments levied against the acreage of the irrigation district through the office of the board.

Source: SL 1945, ch 348; SDC Supp 1960, § 61.0932; SDCL § 46-15-22; SL 2011, ch 165, § 426.
S.D. Codified Laws § 46A-10B-4 — SD Code / Title 46A / Chapter 10B / Section 46A-10B-4
Joint powers agreement--Contents
Status: in_force

The joint powers agreement establishing the district, in addition to the requirements of § 1-24-4 , shall include the following:

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

(2) A discussion of the need for establishing the proposed district;

(3) A description of the boundaries of the proposed district and a legal description of the lands included in the proposed district;

(4) The names of all counties and municipalities located wholly or partially within the boundaries of the proposed district;

(5) A description of the governing body as provided in § 46A-10B-9 ;

(6) A map of the proposed district;

(7) A description of some of the potential projects, facilities and programs that may be constructed or implemented by the district;

(8) The names of the counties and municipalities executing the joint powers agreement to establish the district and a resolution by the government of each such county and municipality authorizing execution of the agreement.

Source: SL 1989, ch 388, § 4.
S.D. Codified Laws § 46A-10A-115 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-115
Election of chair and clerk of board
Status: in_force

The board of trustees shall elect a chair and shall select some other landowner of the district as clerk of the board. The clerk shall serve at the pleasure of the board of trustees.

Source: SL 1997, ch 256, § 18.
S.D. Codified Laws § 46A-1-2 — SD Code / Title 46A / Chapter 1 / Section 46A-1-2
Legislative purpose for state water plan--Composition of plan
Status: in_force

It is the object of this chapter to provide the means for the planning, funding, and construction of a state water plan. This plan is comprised of the State Water Resources Management System and the State Water Facilities Plan.

Source: SL 1972, ch 241, § 3; SDCL Supp, § 46-17A-2; SL 1983, ch 321, § 2.
S.D. Codified Laws § 46A-10A-36 — SD Code / Title 46A / Chapter 10A / Section 46A-10A-36
Regulation and elimination of nonconforming drains
Status: in_force

The board may prescribe, by resolution as provided in § 46A-10A-33 , such regulations not contrary to law or § 46A-10A-31 , as it deems desirable or necessary to regulate and control, reduce the number or extent of or bring about the gradual elimination of nonconforming drains or drainage schemes.

Source: SL 1985, ch 362, § 36.
S.D. Codified Laws § 46A-5-24 — SD Code / Title 46A / Chapter 5 / Section 46A-5-24
Measuring devices, placement--System for interchange of water--Duties of board of directors
Status: in_force

Upon motion of the board of directors or upon the filing of a petition in the office of the board, signed by a majority of the electors in the district, requesting that regulations be adopted by the board permitting and providing for any of the following specific orders or changes in the method of operating its canal, the board shall immediately provide for the adoption and enforcement of the regulations. The regulations shall require:

(1) That a measuring device be placed in or near the headgate or any main diverting gate of the main canal, in order that a continuous record shall be kept by such district of the amount of water received in the canal for the use of the lands in such district;

(2) That measuring devices be placed in or near the headgate of all main laterals and distributing laterals within the district from and by which water is diverted to tracts or units of twenty acres or more, for the purpose of determining at all times the amount of water going to or being received upon any such tract of land, and requiring the superintendent of the canal to keep a separate and correct record of the amount of water delivered through each of such headgates at all times, and file the record in the office of the board of directors for public inspection; and

(3) That a system be provided for the interchange of water from one tract of land to another at the option of the owners or lessees of any lands within such district at any time, and that regulations made by the board of directors for delivering water in alternate sections of a canal or ditch do not interfere with this right.

Source: SDC 1939, § 61.0927; SDCL, § 46-13-24; SL 1993, ch 256, § 75.
S.D. Codified Laws § 46A-18-34 — SD Code / Title 46A / Chapter 18 / Section 46A-18-34
Employment of personnel--Bonds
Status: in_force

The directors may contract for the services of or employ a manager, an engineer, professional assistants, and such other employees as are necessary and provide for their qualification, duties, and compensation, which, with all other expenses, shall be included as a part of cost of any project. The directors may require any officer or employee of the district to hold a bond for faithful performance of his duties, in a prescribed amount, the cost thereof to be paid from funds of the district.

Source: SL 1984, ch 293, § 33.
S.D. Codified Laws § 46A-4-53 — SD Code / Title 46A / Chapter 4 / Section 46A-4-53
Petition for inclusion of tract of land within boundaries of irrigation district--Contents
Status: in_force

The holder or holders of title or evidence of title, or the secretary of the interior for unentered public land, representing one - half or more of any body of lands which, taken together, constitute one tract of land, may file with the board of directors of such district a petition in writing, praying that the boundaries of such district may be so changed as to include such lands. The petition shall describe the boundaries of the parcel or tract of land and shall also describe the boundaries of the several parcels owned by the petitioners, if the petitioners be the owners, respectively, of distinct parcels, but such description need not be more particular than may be required when such lands are entered by the county director of equalization in the assessment book. Such petition must contain the assent of the petitioners to the inclusion in such district of the parcels or tracts of land described in the petition, and of which the petition alleges that they are respectively the owners; and it must be acknowledged in the same manner that conveyances of land are required to be acknowledged.

Source: SDC 1939, § 61.0819; SDCL, § 46-12-52; SL 1977, ch 366, § 9.
S.D. Codified Laws § 46A-2-13 — SD Code / Title 46A / Chapter 2 / Section 46A-2-13
Coordination of water resources project activities
Status: in_force

The Board of Water and Natural Resources shall coordinate all federal, state, and local water resources project activities in the state in order to assure that the optimum over - all benefits will accrue from the construction and operation of water conservation, control and beneficial use facilities and to ensure maximum consideration of local needs and desires.

Source: SL 1959, ch 453, § 9; SDC Supp 1960, § 61.1409 (1); SDCL, § 46-17-16.
S.D. Codified Laws § 46A-1-59 — SD Code / Title 46A / Chapter 1 / Section 46A-1-59
Sale of refunding bonds for unmatured obligations--Use of proceeds
Status: in_force

Refunding bonds issued pursuant to § 46A-1-58 may be sold at a price determined by the district. All proceeds received at the sale of the refunding bonds (excepting the accrued interest received) shall be used:

(1) If the bonds to be refunded are then due, for the payment of the bonds;

(2) If the bonds to be refunded are voluntarily surrendered with the consent of the holder or holders of the bonds, for the payment of the bonds;

(3) If the bonds to be refunded are then subject to prior redemption by their terms, for the redemption of the bonds;

(4) If the bonds to be refunded are not then subject to payment or redemption, to purchase direct obligations of the United States of America if the obligations will mature at such times, with interest on the obligations or the proceeds received from the obligations, to provide funds adequate to pay when due or called for redemption before maturity the bonds to be refunded, together with the interest accrued on the bonds and any redemption premium due on the bonds. The proceeds or obligations of the United States of America shall, with all other funds legally available for such purpose, be deposited in escrow with a banking corporation, or national banking association, located in and doing business in the State of South Dakota, with power to accept and execute trusts, or any successor thereto, which is also a member of the federal deposit insurance corporation and of the federal reserve system, to be held in an irrevocable trust solely for and until the payment and redemption of the bonds so to be refunded. Any balance remaining in the escrow after the payment and retirement of the bonds to be refunded shall be returned to the district to be used and held for use as revenues pledged for the payment of the refunding bonds; or

(5) For any combination of the purposes specified in subdivisions (1) to (4), inclusive, of this section.

Source: SL 1972, ch 241, § 53; SDCL Supp, § 46-17A-52; SL 1988, ch 363, § 5; SL 1989, ch 385, § 23; SL 2011, ch 165, § 308.
S.D. Codified Laws § 46A-14-65 — SD Code / Title 46A / Chapter 14 / Section 46A-14-65
Amended or supplemental general plan of improvements--Special election on additional taxes or special assessments
Status: in_force

The managers may amend the general plan of improvements or adopt a supplemental plan of improvements by using, as applicable, the same provisions and procedures in §§ 46A-14-47 to 46A-14-58 , inclusive, that were used to establish the initial plan of improvements. The managers may call a special election and submit to the eligible voters of the district the question of whether additional taxes or special assessment shall be levied for the purpose of raising money to cover increased costs resulting from an amended or supplemental plan of improvements which are over and above the initial plan of improvements.

Source: SL 1957, ch 492, § 26; SL 1959, ch 452, § 20; SDC Supp 1960, § 61.1526; SDCL § 46-24-64; SL 1989, ch 389, § 9; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 1995, ch 253, § 9; SL 2013, ch 228, § 45.
S.D. Codified Laws § 46A-4-61 — SD Code / Title 46A / Chapter 4 / Section 46A-4-61
Order of board in conformity with election results on boundary change
Status: in_force

If at the election a majority of all the votes cast are against the change of boundaries, the board of directors shall order that the petition be denied and may proceed no further in the matter. However, if a majority of the votes are in favor of the change, or if no election is held due to a lack of sufficient written protests as provided in § 46A-4-60 , the board shall order the boundaries of the district to be changed in accordance with the resolutions adopted by the board. The order shall describe the entire boundaries of the district, and for that purpose the board may cause a survey of such portions of the district to be made as the board may deem necessary.

Source: SDC 1939, § 61.0825; SDCL § 46-12-60; SL 1976, ch 277, § 2; SL 2011, ch 165, § 357.