reglab/housing_qa huggingface dataset:
SD Codified L § 46A-8-3 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 08 - Water Users' Associations|Section 46A-8-3 - Bylaws of association--Repeal and amendment, submission of proposition to shareholders, publication.

46A-8-3. Bylaws of association--Repeal and amendment, submission of proposition to shareholders, publication.Any bylaw of such water users' association may be repealed or amended, or new bylaws may be adopted, at the annual meeting or at any other meeting of the shareholders called for that purpose by the directors, by a majority of the votes cast upon such propositions respectively at such election. The bylaw or amendment may not be submitted until it has first received the approval of two-thirds of the board of directors at a regular or duly called session thereof. The bylaw or amendment may not be submitted until it has first been published in full for at least two weeks next preceding such submission in at least two newspapers of general circulation within the irrigable area of such association. However, if all the shareholders are notified directly by mail at their last known addresses of the bylaw or amendment, the bylaw or amendment does not need to be published pursuant to this section. Source: SDC 1939, §61.0206; SDCL, §46-11-3; SL 1996, ch 266, §3.
SD Codified L § 46A-8-4 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 08 - Water Users' Associations|Section 46A-8-4 - Acceptance of association books for public record by county commissioners--Recording of stock subscriptions--Charges.

46A-8-4. Acceptance of association books for public record by county commissioners--Recording of stock subscriptions--Charges.The board of county commissioners of any county in which there has been a water users' association organized in conformity with the requirements of the United States under the Reclamation Act of June 17, 1902, as amended to January 1, 2011, and which, under its articles of incorporation, is authorized to furnish water only to its stockholders, may accept the water users' association books for public record, containing printed copies of their articles of incorporation and forms of subscription to stock and to use the books for recording the stock subscriptions of the association. The charges for the recording of the stock subscriptions shall be made on the basis of the number of words actually written therein. Source: SDC 1939, §12.2903; SDCL §46-11-4; SL 2011, ch 165, §462.
SD Codified L § 46A-8-5 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 08 - Water Users' Associations|Section 46A-8-5 - Election of officers and directors of association.

46A-8-5. Election of officers and directors of association.At all elections of any such association the person receiving the highest number of votes for any office shall be deemed elected. All elections of directors shall be by districts and must be by ballot, and a vote of the shareholders representing a majority of the shares of stock cast at such election and which shares are appurtenant to lands within the district in which such candidate resides is necessary to a choice. Source: SDC 1939, §61.0203; SDCL, §46-11-5.
SD Codified L § 46A-8-6 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 08 - Water Users' Associations|Section 46A-8-6 - Assessments against shareholders--Purpose--Bylaws--Nonpayment.

46A-8-6. Assessments against shareholders--Purpose--Bylaws--Nonpayment.Any water users' association organized under the laws of this state and in conformity with the requirements of the United States under the Reclamation Act of June 17, 1902, as amended to January 1, 2011, and which, under its articles of incorporation, may furnish water only to its shareholders, may, for the purpose of raising revenue necessary for the accomplishment of the purposes of the association, levy assessments from time to time, as required, against its shareholders. The shareholders may make and enforce the necessary bylaws for the making, levying, collecting, and enforcing of the assessments. The nonpayment of any of the assessments is not a bar to the levying and collecting of other assessments against the same shareholders. Source: SDC 1939, §61.0201; SDCL §46-11-6; SL 2011, ch 165, §463.
SD Codified L § 46A-8-7 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 08 - Water Users' Associations|Section 46A-8-7 - Lien of association for unpaid assessments--Priority--Duration--Foreclosure and sale of land.

46A-8-7. Lien of association for unpaid assessments--Priority--Duration--Foreclosure and sale of land.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.
SD Codified L § 46A-8-8 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 08 - Water Users' Associations|Section 46A-8-8 - Authority of association to transfer assets to municipality.

46A-8-8. Authority of association to transfer assets to municipality.Any water user's association organized pursuant to this chapter may, by a majority vote of its shareholders, sell, lease, or otherwise dispose of part or all of its assets to a municipality. Source: SL 1982, ch 312, §1; SDCL Supp, §46-11-8.
SD Codified L § 46A-9-1 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 09 - Water User Districts|Section 46A-9-1 - Purpose of chapter.

46A-9-1. Purpose of chapter.Conservation of the state's water resources is hereby declared to be a state function, and the public interest, welfare, convenience, and necessity require the creation of water user districts and the construction of systems of works, as provided in this chapter, for the conservation, storage, distribution, and utilization of water and the collection, treatment, and disposal of wastewater. The construction of systems of works by such districts, as provided in this chapter, is hereby declared to be in all respects for the welfare and benefit of the people of South Dakota. It is the intention of the Legislature of South Dakota that this chapter shall be liberally construed to effectuate these purposes. Source: SL 1939, ch 291, §1; SDC Supp 1960, §61.1301; SDCL, §46-16-1; SL 1974, ch 286, §1; SL 2006, ch 226, §1.
SD Codified L § 46A-9-2 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 09 - Water User Districts|Section 46A-9-2 - Definition of terms.

46A-9-2. Definition of terms.Terms used in this chapter mean:(1)"Board," the board of directors of a district organized under this chapter;(2)"City" or "town," a municipal corporation as classified in §§9-2-1 and 9-2-2. The term, city, also means a city organized under special territorial charter;(3)"Landowner," any resident of South Dakota who is an owner of land in any county containing any proposed or existing water user district as evidenced by records in the office of the register of deeds or director of equalization. However, if land is sold under a contract for deed, which is of record in the office of the register of deeds or director of equalization, both the vendor and vendee shall be treated as landowners;(4)"Project," any one of the works defined in this section, or any combination of such works which are physically connected or jointly managed and operated as a single unit;(5)"Water Management Board," the state board created in §1-41-15;(6)"Water user district" or " district," any district organized under this chapter, either as originally organized or as the district is reorganized, altered, or extended;(7)"Works" and "system," all lands, property, rights, rights-of-way, easements, and franchises relating thereto and deemed necessary or convenient for their operation, and all water rights acquired or exercised by the board in connection with the works or system. The terms, works and system, include all means of conserving, controlling, and distributing water, including reservoirs, dams, feeder canals, diversion canals, distributing canals, lateral ditches, structures, pumping units, mains, pipelines, and waterworks systems. The terms include all such works for the conservation, development, storage above or under the ground, spreading, distribution, utilization, and drainage of water, including works for the purpose of irrigation, drainage, flood control, stock watering, and supplying water for public, domestic, industrial, and other uses. The terms include any plant or system for the collection, treatment, or disposal of wastewater, including sanitary sewers and sewage and sewage treatment plants and systems. Source: SL 1939, ch 291, §2; SDC Supp 1960, §61.1302; SDCL, §46-16-2; SL 1974, ch 286, §2; SL 1975, ch 277, §1; SL 1976, ch 279; SL 1990, ch 363, §6; SL 2006, ch 226, §2; SL 2021, ch 1 (Ex. Ord. 21-3), §14, eff. Apr. 19, 2021.
SD Codified L § 46A-9-3 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 09 - Water User Districts|Section 46A-9-3 - Organization--Actions by and against--Creation and incorporation.

46A-9-3. Organization--Actions by and against--Creation and incorporation.A water user district may be organized as provided in this chapter, and may sue and be sued in its corporate name. The procedure for creating and incorporating a district under the provisions of this chapter shall be as provided by §§46A-9-4 to 46A-9-18, inclusive. Source: SL 1939, ch 291, §§3, 4; SL 1943, ch 310; SDC Supp 1960, §§61.1303, 61.1304 (1); SDCL, §46-16-3.
SD Codified L § 46A-9-4 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 09 - Water User Districts|Section 46A-9-4 - Petition for organization of district--Filing with and approval by board--Contents.

46A-9-4. Petition for organization of district--Filing with and approval by board--Contents.A water user district may be organized under the provisions of this chapter by filing in the Department of Agriculture and Natural Resources a petition in compliance with the requirements set forth in this section, and the approval of the petition by the Board of Water and Natural Resources as provided in this chapter. The petition shall be addressed to the Board of Water and Natural Resources and shall state in substance that it is the intent and purpose of the petitioners to create a district under the provisions of this chapter, subject to approval by the board. The petition shall contain:(1)The name of the proposed district;(2)The object and purpose of the system proposed to be constructed or acquired, together with a general description of the nature, location, and method of operation of the proposed works;(3)A description of the lands constituting the proposed district and of the boundaries of the proposed district, and the names of any municipalities included partly or wholly within the boundaries of the proposed district;(4)The location of the principal place of business of the proposed district;(5)A statement that the proposed district does not have the power to levy taxes or assessments;(6)The number of members of the board of directors of the proposed district, which may not be less than five nor more than thirteen, a statement as to whether the directors shall be elected at large or shall be apportioned to election divisions and elected by the voters of the election divisions, the names and addresses of the members who shall serve until their successors are elected and qualified as provided in this chapter, and if election divisions are provided for, the respective divisions which the directors are to represent. The persons named in the petition as directors shall be owners of land or entrymen within the district, and, if election divisions are provided for, they shall be owners of land or entrymen within the respective divisions they are to represent. Source: SL 1939, ch 291, §4; SL 1943, ch 310; SDC Supp 1960, §61.1304 (1); SDCL §46-16-4; SL 1974, ch 286, §3; SL 1992, ch 60, §2; SL 2011, ch 165, §465; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
SD Codified L § 46A-9-5 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 09 - Water User Districts|Section 46A-9-5 - Lands included in district.

46A-9-5. Lands included in district.The lands proposed to be included within a water user district need not consist of contiguous parcels. A district may consist of lands wholly within or wholly outside the limits of municipalities or of lands partly within and partly outside such limits; and a district may include all or part of the area within one or more such municipalities. Source: SL 1939, ch 291, §3; SDC Supp 1960, §61.1303; SDCL, §46-16-5; SL 1992, ch 60, §2.
SD Codified L § 46A-9-6 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 09 - Water User Districts|Section 46A-9-6 - Organization within territorial boundaries of another district.

46A-9-6. Organization within territorial boundaries of another district.Nothing in this chapter prevents the organization of a water user district under this chapter within, or partly within, the territorial boundaries of another district organized under this chapter, or of an irrigation district organized under the provisions of chapter 46A-4, if the works or systems, the operations of the works or systems, the exercise of powers and the assumptions of duties and responsibilities under this chapter, of one district, do not nullify, conflict with, or materially affect those of another such district. Source: SL 1939, ch 291, §3; SDC Supp 1960, §61.1303; SDCL §46-16-6; SL 2011, ch 165, §466.
SD Codified L § 46A-9-7 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 09 - Water User Districts|Section 46A-9-7 - Directors--Election at large or from election divisions--Boundaries of divisions.

46A-9-7. Directors--Election at large or from election divisions--Boundaries of divisions.Directors may be elected either at large, or from election divisions, without regard to whether municipality areas are included within the water user district. If the petition states that the directors shall be elected from election divisions, the petition shall describe the boundaries of the divisions. The boundaries may be drawn either with or without regard to the corporate limits of any municipality included partly or wholly within the district boundaries. Source: SL 1939, ch 291, §4; SL 1943, ch 310; SDC Supp 1960, §61.1304 (1); SDCL §46-16-7; SL 1992, ch 60, §2; SL 2011, ch 165, §467.
SD Codified L § 46A-9-8 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 09 - Water User Districts|Section 46A-9-8 - Grouping of directors elected at large--Term of office.

46A-9-8. Grouping of directors elected at large--Term of office.In the petition, if directors are to be elected at large, the directors named shall be divided as nearly as possible into three equal groups, to be designated Group 1, Group 2, and Group 3, respectively. In either case, the members of Group 1 shall hold office until their successors, elected at the first regular water user district election thereafter, shall have qualified; the members of Group 2 shall hold office until their successors, elected at the second regular district election thereafter, shall have qualified; and the members of Group 3 shall hold office until their successors, elected at the third regular district election thereafter, shall have qualified. Thereafter all directors elected shall serve for a term of three years and until their successors are elected and qualified. After the name of each director shall be stated to which of said three groups he belongs. Source: SL 1939, ch 291, §4; SL 1943, ch 310; SDC Supp 1960, §61.1304 (1); SDCL, §46-16-8.
SD Codified L § 46A-9-9 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 09 - Water User Districts|Section 46A-9-9 - Petition for organization of district--Number of signatures required--Name, post office address, and location of land of petitioner.

46A-9-9. Petition for organization of district--Number of signatures required--Name, post office address, and location of land of petitioner.The petition shall be signed by twenty-five percent of the landowners or entrymen within the area constituting the proposed water user district, or by their duly authorized representatives. However, if the proposed district includes any portion of the area within a municipality, the petition shall be signed by twenty-five percent of the landowners or entrymen in the portion of the proposed district area within each such municipality, or by their duly authorized representatives, and shall also be signed by twenty-five percent of the landowners or entrymen in the area lying outside the limits of the municipalities or by their duly authorized representatives. On each petition, set opposite the signature of each petitioner, shall be stated the petitioner's name and post office address and the location of land of which the petitioner is the owner or entryman. Source: SL 1939, ch 291, §4; SL 1943, ch 310; SDC Supp 1960, §61.1304 (1); SDCL §46-16-9; SL 1992, ch 60, §2; SL 2011, ch 165, §468.
SD Codified L § 46A-9-10 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 09 - Water User Districts|Section 46A-9-10 - Instruments constituting petition for organization of district--Affidavit of circulator as to signatures on each sheet--Form.

46A-9-10. Instruments constituting petition for organization of district--Affidavit of circulator as to signatures on each sheet--Form.The petition may contain any number of separate instruments, and to each sheet for petitioners' signatures shall be attached a full and correct copy of the petition. Every sheet of every such petition containing signatures shall have upon it and below the signatures an affidavit by the circulator in substantially the following form: State of South Dakota,County of ________ ss.________, being first duly sworn, deposes and says, that he is the circulator of the foregoing petition containing ________ signatures; that each person whose name appears on said petition sheet personally signed said petition in the presence of affiant; that he believes that each of said signers is an owner or entryman of the land described opposite his signature, to be included within the proposed water user district, and residing at the address written opposite his name, and that affiant stated to every petitioner before he affixed his signature the legal effect and nature of said petition.________________________________Circulator Subscribed and sworn to before me this ________ day of ________, 19____.________________________________Notary Public  Source: SL 1939, ch 291, §4; SL 1943, ch 310; SDC Supp 1960, §61.1304 (1); SDCL, §46-16-10.
SD Codified L § 46A-9-11 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 09 - Water User Districts|Section 46A-9-11 - Maps, plans and estimates accompanying petition for organization of district--Location of lands within proposed district.

46A-9-11. Maps, plans and estimates accompanying petition for organization of district--Location of lands within proposed district.The petition shall be filed with the Department of Agriculture and Natural Resources together with a list of the petitioners' names, mailing addresses, and lands owned or entered. The petition shall be accompanied by a map or maps showing the location of lands within the proposed district and the proposed system of works, and by other maps, plans, and estimates as may be necessary to describe fully the proposed system. Source: SL 1939, ch 291, §4; SL 1943, ch 310; SDC Supp 1960, §61.1304 (1); SDCL, §46-16-11; SL 1997, ch 255, §1; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
SD Codified L § 46A-9-12 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 09 - Water User Districts|Section 46A-9-12 - Examination of petition by Department of Water and Natural Resources to determine compliance with law--Noncompliance with law, dismissal of petition.

46A-9-12. Examination of petition by Department of Water and Natural Resources to determine compliance with law--Noncompliance with law, dismissal of petition.Upon receipt of the petition, the department shall determine whether the petition complies with the requirements set forth in §§46A-9-4 to 46A-9-11, inclusive, and dismiss the petition if the requirements have not been complied with, but without prejudice to the right of the petitioners to present a new petition covering the same matter, or the same petition with additional signatures if additional signatures are necessary. Source: SL 1939, ch 291, §4; SL 1943, ch 310; SDC Supp 1960, §61.1304 (1); SDCL, §46-16-12; SL 1997, ch 255, §2.
SD Codified L § 46A-9-13 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 09 - Water User Districts|Section 46A-9-13 - Publication of petition for organization of district.

46A-9-13. Publication of petition for organization of district.If the department determines the petition complies with requirements of this chapter, a notice shall be published in each county in which lands within the proposed water user district lie, in a legal newspaper of general circulation in the county, once each week for at least two successive weeks. The last date of publication shall be at least thirty days prior to the Board of Water and Natural Resources' meeting at which the petition is first considered. The notice shall be published at the petitioners' expense. The notice shall contain the information required in §46A-9-4, shall state when the petition was filed, shall state a public place in each county affected where the petition may be examined, and shall state the date, time, and place at which the petition will be considered by the Board of Water and Natural Resources. Any owner or entryman of land within the area to be included, who did not sign the petition may file a written protest with the department as provided in §46A-9-14. Source: SL 1939, ch 291, §4; SL 1943, ch 310; SDC Supp 1960, §61.1304 (1); SDCL, §46-16-13; SL 1972, ch 239, §5; SL 1997, ch 255, §3.
SD Codified L § 46A-9-14 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 09 - Water User Districts|Section 46A-9-14 - Protest against organization of district--Right to file with Board of Water and Natural Resources--Determination of validity by board.

46A-9-14. Protest against organization of district--Right to file with Board of Water and Natural Resources--Determination of validity by board.Any owner or entryman of land within the proposed water user district who did not sign the petition may file with the Board of Water and Natural Resources a written protest against the qualifications of any signer of the petition, and it shall be the duty of the board to consider and determine the validity of such protests. Source: SL 1939, ch 291, §4; SL 1943, ch 310; SDC Supp 1960, §61.1304 (1); SDCL, §46-16-14.