reglab/housing_qa huggingface dataset:
SD Codified L § 46A-18-32 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 18 - Water Project Districts|Section 46A-18-32 - Powers of district.

46A-18-32. Powers of district.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 The district may continue to levy taxes and assessments within an area that has been withdrawn from the district as is necessary to pay the area's share of the district's obligations existing at the time of the withdrawal.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.
SD Codified L § 46A-18-33 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 18 - Water Project Districts|Section 46A-18-33 - Oath of directors.

46A-18-33. Oath of directors.Within thirty days of assuming office, the directors shall meet at the designated principal place of business of the district and shall take the oath as defined in the Constitution of South Dakota. Source: SL 1984, ch 293, §32; SL 1995, ch 253, §15.
SD Codified L § 46A-18-34 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 18 - Water Project Districts|Section 46A-18-34 - Employment of personnel--Bonds.

46A-18-34. Employment of personnel--Bonds.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.
SD Codified L § 46A-18-35 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 18 - Water Project Districts|Section 46A-18-35 - Indemnification of officers, employees, and agents.

46A-18-35. Indemnification of officers, employees, and agents.A water project district may indemnify any person made a party or threatened to be made a party to any action, whether civil, criminal, administrative, or investigative in his capacity as director, officer, employee, or agent of the district or by serving at the request of the district in another enterprise. The indemnity may include reasonable expenses paid in settlement and incurred by him in connection with the action if he has acted in good faith, believed his actions to be in the best interests of the water project district or had no reasonable cause to believe his conduct unlawful. However, this section does not apply to any action by the water project district. Source: SL 1984, ch 293, §34.
SD Codified L § 46A-18-36 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 18 - Water Project Districts|Section 46A-18-36 - Compensation and expenses of directors.

46A-18-36. Compensation and expenses of directors.The district directors may receive no compensation but shall be entitled to per diem and reimbursement for expenses, including traveling expenses, necessarily incurred in the discharge of their duties. The amount of reimbursement shall be at current state government rates. Source: SL 1984, ch 293, §35.
SD Codified L § 46A-18-37 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 18 - Water Project Districts|Section 46A-18-37 - Duties of directors.

46A-18-37. Duties of directors.The district board of directors shall:(1)Adopt a seal;(2)Keep a record of all proceedings, minutes, certificates, contracts, bonds, and employees' records and other business transacted by the directors;(3)Adopt bylaws, procedures, and requirements consistent with this chapter;(4)Meet annually and at such other times as may be necessary. A meeting may be called at any time by the chairman or at the request of any director through the chairman. If so requested, the secretary of the district shall mail a notice of such meeting to each member at least ten days prior to the meeting. Source: SL 1984, ch 293, §36; SL 1993, ch 256, §90.
SD Codified L § 46A-18-38 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 18 - Water Project Districts|Section 46A-18-38 - Powers of directors.

46A-18-38. Powers of directors.The district board of directors may:(1)Make surveys or utilize other surveys and data to plan and develop water projects;(2)Cooperate or contract with any person, state, or subdivision thereof, federal agency or private or public corporation as necessary;(3)Construct, clean, repair, alter, abandon, consolidate, reclaim, or change any watercourse, natural or artificial, within the district in cooperation with other state or federal public bodies having jurisdiction;(4)Acquire, lease, operate, construct, and maintain dams, dikes, reservoirs, or other works as necessary;(5)Acquire by gift, lease, purchase, or eminent domain any real and personal property as necessary;(6)Sell, lease, or otherwise dispose of unneeded district property;(7)Contract for purchase of insurance;(8)Establish and maintain devices for acquiring and recording hydrological data;(9)Enter into contracts for construction authorized by this chapter; and(10)Acquire property and construct works outside the boundaries of the district. Source: SL 1984, ch 293, §37.
SD Codified L § 46A-18-39 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 18 - Water Project Districts|Section 46A-18-39 - District control over water rights.

46A-18-39. District control over water rights.No water project district may have jurisdictional authority or control over water rights. Source: SL 1984, ch 293, §38.
SD Codified L § 46A-18-40 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 18 - Water Project Districts|Section 46A-18-40 - Plan for improvements--Contents.

46A-18-40. Plan for improvements--Contents.The district directors, within a reasonable length of time after qualifying, shall adopt an overall plan for improvements within the district. This plan shall be designated the general improvement plan for the water project district. The general improvement plan shall consist of a map showing the area to be benefited, the location of the proposed works of improvement and the location of buildings, roads, streams, and other topographic features necessary to show the relation of the proposed works of improvement to the area of the district and a narrative stating the estimated benefits and the proposed method of financing and accomplishing the project. The district directors may amend a previously adopted general improvement plan. Source: SL 1984, ch 293, §39; SL 1990, ch 366, §10; SL 1991, ch 17 (Ex. Ord. 91-4), §17; SL 1995, ch 253, §16.
SD Codified L § 46A-18-41 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 18 - Water Project Districts|Section 46A-18-41 - Priority of projects--Reports by engineer on each project--Contents.

46A-18-41. Priority of projects--Reports by engineer on each project--Contents.Upon adoption of a general improvement plan or amendment, the district directors shall set the order in which specific projects in the plan shall be undertaken and shall obtain accurate surveys of the projects by a competent engineer. The engineer shall make written reports showing the amount, character, and kind of work to be done and the location and estimated cost of the work. Source: SL 1984, ch 293, §40; SL 1990, ch 366, §11; SL 1991, ch 17 (Ex. Ord. 91-4), §17; SL 1995, ch 253, §17.
SD Codified L § 46A-18-42 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 18 - Water Project Districts|Section 46A-18-42 - Examination, hearing, and resolution on project--Financing.

46A-18-42. Examination, hearing, and resolution on project--Financing.After approval by the board, the directors shall examine the plans, hold hearings on the proposals, and by resolution state that the proposed work, or any part thereof, should be accomplished. The resolution shall state whether the cost shall be paid by a general tax levy against all taxable real property located within the district, by a special assessment against real property within the district that will specially benefit by the project or by both a general tax levy and a special assessment with the portion to be paid by each. Source: SL 1984, ch 293, §41; SL 1990, ch 366, §12.
SD Codified L § 46A-18-43 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 18 - Water Project Districts|Section 46A-18-43 - Financing determined in resolution.

46A-18-43. Financing determined in resolution.The directors shall determine in the resolution whether to issue bonds of the district or other authorized financing to provide for payment of the cost of the project by installments. Source: SL 1984, ch 293, §42.
SD Codified L § 46A-18-44 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 18 - Water Project Districts|Section 46A-18-44 - Publication of resolution--Notice of hearing--Apportionment of benefits.

46A-18-44. Publication of resolution--Notice of hearing--Apportionment of benefits.The resolution, upon being adopted, shall be published once a week for three successive weeks in a legal newspaper of general circulation in each county in which land of the district is located. The publication shall state the time and place the directors shall meet for hearing all parties interested in the apportionment of benefits by reason of the improvement and the time and place such parties may appear or file written objections thereto. The directors shall hear and consider the testimony and make the apportionments just, according to benefits received from the improvement, accounting for work already accomplished. Source: SL 1984, ch 293, §43.
SD Codified L § 46A-18-45 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 18 - Water Project Districts|Section 46A-18-45 - Election to approve financing--Vote required.

46A-18-45. Election to approve financing--Vote required.No bonds may be issued and no financial commitments requiring the obligation of district taxes or assessments beyond the current fiscal year may be entered into, unless the directors have initiated hearings on the works proposed for construction and the benefits to accrue therefrom and have conducted an election in accordance with this chapter. A sixty percent favorable vote shall grant approval of a bond issue or other permissible financing arrangement. Source: SL 1984, ch 293, §44.
SD Codified L § 46A-18-46 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 18 - Water Project Districts|Section 46A-18-46 - Limitation of general tax levies and special assessments.

46A-18-46. Limitation of general tax levies and special assessments.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.
SD Codified L § 46A-18-47 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 18 - Water Project Districts|Section 46A-18-47 - Eligibility to vote on tax levies and assessments.

46A-18-47. Eligibility to vote on tax levies and assessments.In the election provided in §46A-18-45, all qualified voters of the district are eligible to vote. However, if special assessments are proposed, only those qualified voters of the district who are also landowners subject to the proposed assessments may vote. If the financing proposal provides for both general tax levies and special assessments, the votes applicable to the general tax and the votes applicable to the special assessments shall be counted separately and accepted separately for purposes of determining the outcome of the election. Source: SL 1984, ch 293, §46; SL 2002, ch 144, §8; SL 2007, ch 257, §5.
SD Codified L § 46A-18-48 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 18 - Water Project Districts|Section 46A-18-48 - Municipality contracting for payments to district--Election required.

46A-18-48. Municipality contracting for payments to district--Election required.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.
SD Codified L § 46A-18-49 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 18 - Water Project Districts|Section 46A-18-49 - Tax levy or assessment resolution--Filing--Collection.

46A-18-49. Tax levy or assessment resolution--Filing--Collection.The directors, having completed an apportionment of benefits, shall prepare and by resolution approve a tax levy or assessment against real property within the district, or outside of the corporate limits of municipalities if a contract or contracts as provided in §46A-18-48 are used, and shall annually file a detailed report with the appropriate county auditor by August first. The county auditor shall apply the district levy to the county tax rolls and collect the district levy in the same manner as other county taxes. Source: SL 1984, ch 293, §48; SL 1990, ch 366, §13.
SD Codified L § 46A-18-50 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 18 - Water Project Districts|Section 46A-18-50 - Assessed valuation.

46A-18-50. Assessed valuation.The assessed valuation for district tax purposes shall be the same assessed valuation that is used for general county levies. Source: SL 1984, ch 293, §49.
SD Codified L § 46A-18-51 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 18 - Water Project Districts|Section 46A-18-51 - Delivery of tax collections to district.

46A-18-51. Delivery of tax collections to district.After collection, county officials shall monthly deliver taxes collected on behalf of the district to the district secretary-treasurer. Source: SL 1984, ch 293, §50; SL 1987, ch 332, §4.
SD Codified L § 46A-18-52 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 18 - Water Project Districts|Section 46A-18-52 - Review of tax levies.

46A-18-52. Review of tax levies.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.
SD Codified L § 46A-18-53 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 18 - Water Project Districts|Section 46A-18-53 - Warrants issued in anticipation of tax or special assessment collections.

46A-18-53. Warrants issued in anticipation of tax or special assessment collections.Following a favorable vote as provided in §46A-18-45 and in anticipation of tax or special assessment collections, the directors may issue no-fund warrants to pay district obligations. However, the outstanding amounts of such no-fund warrants may not exceed the product of one dollar per thousand dollars of taxable valuation times the assessed valuation of the taxable real property within the district. Source: SL 1984, ch 293, §52; SL 1990, ch 366, §14.
SD Codified L § 46A-18-55 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 18 - Water Project Districts|Section 46A-18-55 - Special election on additional taxes or special assessments--Eligibility to vote.

46A-18-55. Special election on additional taxes or special assessments--Eligibility to vote.The directors may at any time call a special election to determine whether additional taxes or special assessments may be levied for the purpose of raising money for increased costs of district business or for a supplemental plan of improvements over and above the initial plan of improvements. Eligibility to vote in the special election is determined in accordance with the provisions of §46A-18-47. Source: SL 1984, ch 293, §54; SL 1995, ch 253, §18; SL 2007, ch 257, §6.
SD Codified L § 46A-18-56 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 18 - Water Project Districts|Section 46A-18-56 - Operation and maintenance of completed projects--Budget.

46A-18-56. Operation and maintenance of completed projects--Budget.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.
SD Codified L § 46A-18-57 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 18 - Water Project Districts|Section 46A-18-57 - Reserve fund for extraordinary maintenance or operation.

46A-18-57. Reserve fund for extraordinary maintenance or operation.The annual operation and maintenance budget shall include provisions for accumulation of a reserve fund for extraordinary maintenance or operation. The amount budgeted each year for the reserve fund shall be at least ten percent of the estimated cost of the annual routine operation and maintenance. Annual increments for the reserve fund shall be budgeted whenever the balance in the accumulated reserve fund is less than the current annual operation and maintenance budget. Expenditures from the reserve fund may be made by the directors if, in their judgment, extraordinary operation or maintenance of project works is necessary. Source: SL 1984, ch 293, §56.
SD Codified L § 46A-18-57.1 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 18 - Water Project Districts|Section 46A-18-57.1 - Reserve fund for project development and construction.

46A-18-57.1. Reserve fund for project development and construction.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.
SD Codified L § 46A-18-59 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 18 - Water Project Districts|Section 46A-18-59 - Levies for operation and maintenance.

46A-18-59. Levies for operation and maintenance.Tax or special assessment levies in an amount sufficient to cover the budgeted operation and maintenance expense shall be included by the district directors in their tax assessment list. However, the levies may not exceed the limitations specified in this chapter and may not exceed the amounts of taxes or special assessments approved by the electorate of the district. Source: SL 1984, ch 293, §58; SL 1986, ch 381, §3.
SD Codified L § 46A-18-60 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 18 - Water Project Districts|Section 46A-18-60 - Certification of taxes and assessments--Collection--Deposit and disbursement of proceeds.

46A-18-60. Certification of taxes and assessments--Collection--Deposit and disbursement of proceeds.On or before the first day of August of each year, the directors shall certify to the county auditor of each county in which district lands are located all taxes and assessments against the real property in the district. Extension of the taxes upon the tax and assessment lists shall be made as specified in this chapter and the taxes shall be collected in the same manner as other county taxes and assessments. These funds shall be deposited with the secretary-treasurer of the water project district, who shall place them in the depository designated by the directors. They shall be disbursed as provided in this chapter. Source: SL 1984, ch 293, §59; SL 1990, ch 366, §17.
SD Codified L § 46A-18-61 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 18 - Water Project Districts|Section 46A-18-61 - Acceptance of grants and gifts.

46A-18-61. Acceptance of grants and gifts.Any district organized pursuant to this chapter may obtain grants or loans from any federal or state agency pursuant to any acts of Congress or the Legislature independently or in conjunction with any other power conferred by this chapter and may accept, from private owners or other sources, gifts, deeds, or instruments of trust or title relating to any form of property. Source: SL 1984, ch 293, §60.
SD Codified L § 46A-18-62 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 18 - Water Project Districts|Section 46A-18-62 - County contributions to districts.

46A-18-62. County contributions to districts.In addition to other powers specified by law, a board of county commissioners may contribute to districts assistance as necessary for the benefit of the county highway system, for maintenance of flood control or for water management and erosion control measures from the road fund. Source: SL 1984, ch 293, §61.