reglab/housing_qa huggingface dataset:
SD Codified L § 46A-9-15 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 09 - Water User Districts|Section 46A-9-15 - Investigation of proposed district and works by Board of Water and Natural Resources--Costs.

46A-9-15. Investigation of proposed district and works by Board of Water and Natural Resources--Costs.If the Board of Water and Natural Resources determines that the petitioners have complied with the requirements of this chapter, the board shall make an immediate investigation of the proposed water user district and of its proposed works, systems, or plans and of the engineering and economic feasibility of the project. The board may make an estimate of the cost of the investigation and may require the petitioners to defray part or all of the estimated cost before proceeding with the investigation. Source: SL 1939, ch 291, §4; SL 1943, ch 310; SDC Supp 1960, §61.1304 (1); SDCL §46-16-15; SL 2011, ch 165, §469.
SD Codified L § 46A-9-16 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 09 - Water User Districts|Section 46A-9-16 - Declaration of feasibility of proposed project and conformance to public convenience--Dismissal of petition or certificate of feasibility--Filing of certificate--District as public corporation.

46A-9-16. Declaration of feasibility of proposed project and conformance to public convenience--Dismissal of petition or certificate of feasibility--Filing of certificate--District as public corporation.The Board of Water and Natural Resources, within ninety days from the receipt of the petition, or within ninety days from the time funds become available to defray the cost of the investigation, shall declare that the proposed project is or is not feasible and conforming to public convenience and welfare. If the project is deemed not feasible, the board shall dismiss the petition. However, if the board deems the project feasible and conforming to public convenience and welfare, the board shall immediately execute a certificate, in duplicate, setting forth a true copy of the petition and declaring that the petition is approved. The board shall file the certificate in the Office of the Secretary of State and a copy of the certificate, certified by the secretary of state, in the office of the county auditor of each county in which any of the lands in the water user district are located. Thereupon, the district, under its designated name, is a body politic and corporate under the provisions of this chapter and is a public corporation of the State of South Dakota. Source: SL 1939, ch 291, §4; SL 1943, ch 310; SDC Supp 1960, §61.1304 (1); SDCL §46-16-16; SL 2011, ch 165, §470.
SD Codified L § 46A-9-17 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 09 - Water User Districts|Section 46A-9-17 - Validation of prior districts and boundaries--Validation of prior proceedings, bonds, and contracts.

46A-9-17. Validation of prior districts and boundaries--Validation of prior proceedings, bonds, and contracts.All water user districts, created under the provisions of this chapter, and additions to and deletions from the districts, established or purporting to be established or adjusted before July 1, 1978, pursuant to the provisions of this chapter and having a de facto existence of at least one year, are hereby declared to be valid and legally created political subdivisions of the state. The regularity and validity of the creation of such water user districts in existence for one year or any boundary adjustments of the districts is not open to question in any court in the state. All acts and proceedings of any water user district or of its board of directors, or both, leading up to the authorization and execution of an existing contract between any water user district and the United States of America, and all acts and proceedings of any water user district or of its board of directors, or both, leading up to the issuance and deliverance of bonds of any water user district are hereby legalized, ratified, confirmed, and declared valid to all intents and purposes. All existing contracts and outstanding bonds are hereby legalized and declared to be valid and legal obligations of and against the water user district executing or causing the execution of the contracts or bonds. This section does not apply to any suit or proceeding legally initiated before July 1, 1978. Source: SL 1978, ch 330, §§1, 3; SDCL Supp, §46-16-16.1; SL 2011, ch 165, §471.
SD Codified L § 46A-9-18 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 09 - Water User Districts|Section 46A-9-18 - Board of directors--Qualification upon filing certificate of organization--Vacancy created by failure to qualify--First meeting.

46A-9-18. Board of directors--Qualification upon filing certificate of organization--Vacancy created by failure to qualify--First meeting.Immediately upon the filing of said certificate in the Office of the Secretary of State and a certified copy thereof in the office of each such county auditor, the members of the board of directors named in the petition shall qualify as provided for in this chapter and immediately assume the duties of their office. Failure or refusal to qualify within a period of fifteen days thereafter shall be deemed to create a vacancy which shall be filled as in this chapter provided. The first meeting of the board of directors shall be called by the director first named in the petition who qualifies. Source: SL 1939, ch 291, §4; SL 1943, ch 310; SDC Supp 1960, §61.1304 (1); SDCL, §46-16-17.
SD Codified L § 46A-9-19 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 09 - Water User Districts|Section 46A-9-19 - Additional territory, inclusion in district.

46A-9-19. Additional territory, inclusion in district.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.
SD Codified L § 46A-9-20 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 09 - Water User Districts|Section 46A-9-20 - Extension of district--Petition to include additional territory--Contents--Filing.

46A-9-20. Extension of district--Petition to include additional territory--Contents--Filing.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.
SD Codified L § 46A-9-21 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 09 - Water User Districts|Section 46A-9-21 - Petition for expansion of district--Map showing location of lands to be included to accompany--Plans and estimates.

46A-9-21. Petition for expansion of district--Map showing location of lands to be included to accompany--Plans and estimates.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 the lands to be included, the proposed system of works and by other maps, plans, and estimates as may be necessary to fully describe the proposed expansion. Source: SL 1943, ch 310; SDC Supp 1960, §61.1304 (2); SDCL, §46-16-20; SL 1997, ch 255, §4; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
SD Codified L § 46A-9-22 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 09 - Water User Districts|Section 46A-9-22 - Publication of notice for extension of district--Filing of protest.

46A-9-22. Publication of notice for extension of district--Filing of protest.A notice shall be published in each county in which the lands to be included 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-9-20, 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 1943, ch 310; SDC Supp 1960, §61.1304 (2); SDCL, §46-16-21; SL 1972, ch 239, §6; SL 1997, ch 255, §5.
SD Codified L § 46A-9-23 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 09 - Water User Districts|Section 46A-9-23 - Action by Board of Water and Natural Resources on petition for extension of district--Certificate of approval--Filing--Effect.

46A-9-23. Action by Board of Water and Natural Resources on petition for extension of district--Certificate of approval--Filing--Effect.Upon receipt of the petition the Board of Water and Natural Resources shall act upon the petition in the same manner as required upon an original petition to create a water user district, as set forth in §§46A-9-12 to 46A-9-16, inclusive, and §46A-9-18.Upon the approval of the petition and project by the Board of Water and Natural Resources, and the issuance and filing of its certificate of approval in the Office of the Secretary of State and filing a copy of the certificate, certified by the secretary of state, in the office of the county auditor of each county in which any lands in which such water user district is located, the included areas constitute a part of the water user district. Source: SL 1943, ch 310; SDC Supp 1960, §61.1304 (2); SDCL §46-16-22; SL 2011, ch 165, §473.
SD Codified L § 46A-9-23.1 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 09 - Water User Districts|Section 46A-9-23.1 - Exclusion of lands from district--Grounds--Procedure.

46A-9-23.1. Exclusion of lands from district--Grounds--Procedure.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.
SD Codified L § 46A-9-23.2 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 09 - Water User Districts|Section 46A-9-23.2 - Notices of hearing on exclusion--Protests.

46A-9-23.2. Notices of hearing on exclusion--Protests.Following the setting of a hearing date by the Board of Water and Natural Resources under the provisions of §46A-9-23.1, the board of directors of a water user district shall publish a copy of the resolution and a notice of the time and place when the resolution shall be considered by the board in each county in which lands to be excluded lie. The resolution and notice shall be published in a newspaper of general circulation in the county once each week for at least two successive weeks before the date of the hearing. If there is no newspaper of general circulation published in the county, copies of the resolution shall be posted in three of the most public places in the county at least two weeks before the time of the hearing. Any landowner, entryman, or resident upon the lands to be excluded under the resolution may file with the Board of Water and Natural Resources a written protest against the exclusion of all or a portion of the lands and may appear at the hearing to register his protest. Source: SL 1984, ch 296, §3.
SD Codified L § 46A-9-24 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 09 - Water User Districts|Section 46A-9-24 - Members of board of directors succeeding original board--Nomination and election--Term of office.

46A-9-24. Members of board of directors succeeding original board--Nomination and election--Term of office.After the qualification of the original board, members to succeed those in the three groups provided for in §46A-9-8, respectively, and to fill unexpired terms, shall be nominated and elected and shall take office, subject to the provisions of this chapter. Prior to May first of each year, on dates established by the board, an election shall be held to elect directors to succeed those whose terms are about to expire. Newly elected directors shall assume office at the first board meeting following their election and shall continue for a period of three years thereafter and until a successor is duly elected and qualified. Election of directors shall be conducted as provided by §§46A-9-25 to 46A-9-29, inclusive. Source: SL 1939, ch 291, §5; SDC Supp 1960, §61.1305 (1), (2); SDCL, §46-16-23; SL 1997, ch 255, §6.
SD Codified L § 46A-9-25 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 09 - Water User Districts|Section 46A-9-25 - Hour and place of election.

46A-9-25. Hour and place of election.The board of directors of the water user district shall fix the hour and place, within the boundaries of the district, of each election and shall preside at the election. If the district is divided into election divisions, the board of directors in its discretion may fix a place of election within each election division, in which case the directors who represent that division shall preside at the election. Source: SL 1939, ch 291, §5; SDC Supp 1960, §61.1305 (2); SDCL §46-16-24; SL 2011, ch 165, §474.
SD Codified L § 46A-9-26 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 09 - Water User Districts|Section 46A-9-26 - Election of directors--Voting rights.

46A-9-26. Election of directors--Voting rights.Every owner of land and entryman within the district, and every person or corporation which is a party to a contract with the district for the purchase of water, for the collection, treatment, or disposal of wastewater, or other services to be furnished by the district, may cast one vote at each election for each director to be elected for whom the voter is entitled to vote. However, the vote which a voter is entitled to cast by reason of being a party to any such contract with the district is in addition to the vote to which the voter may be entitled by reason of being a landowner or entryman within the district. If election divisions are provided for, each person or corporation entitled to vote by reason of being a party to a contract, as provided in this section, shall select the division in which the person or corporation will vote. The selection shall be made under procedures established by resolution by the board of directors. Source: SL 1939, ch 291, §5; SDC Supp 1960, §61.1305 (2); SDCL, §46-16-25; SL 1993, ch 256, §82; SL 2006, ch 226, §4.
SD Codified L § 46A-9-27 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 09 - Water User Districts|Section 46A-9-27 - Notice of election time, place, and purpose--Mailing or publication.

46A-9-27. Notice of election time, place, and purpose--Mailing or publication.The board of directors, at least twenty days before the date of election, shall mail to each person or corporation entitled to vote at the election, at the person's or corporation's last known place of residence or business, a notice stating the time, place, and purpose of the election. Alternatively, the board may publish in each county in which lands within the district lie, in some newspaper of general circulation printed and published in the county, once each week for at least two successive weeks before the time of election, a notice that the election will be held and giving the purpose, time, and place. Source: SL 1939, ch 291, §5; SDC Supp 1960, §61.1305 (2); SDCL §46-16-26; SL 1975, ch 277, §2; SL 2011, ch 165, §475.
SD Codified L § 46A-9-28 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 09 - Water User Districts|Section 46A-9-28 - Registration of voters--Conduct of election--Costs.

46A-9-28. Registration of voters--Conduct of election--Costs.At the time and place of the election, the presiding directors shall provide for registration of those present and entitled to vote, shall determine the number of votes to which each is entitled and shall prescribe the manner of casting ballots and canvassing votes. If election divisions are provided for, but the election is held at one place within the district, the board of directors shall arrange for separate registration and conduction of the election for each division separately. All costs incident to the election of directors shall be borne by the district. Source: SL 1939, ch 291, §5; SDC Supp 1960, §61.1305 (1), (2); SDCL, §46-16-27; SL 1984, ch 296, §1.
SD Codified L § 46A-9-29 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 09 - Water User Districts|Section 46A-9-29 - Candidate to fill vacancy or succeed an outgoing director--Vote necessary for election.

46A-9-29. Candidate to fill vacancy or succeed an outgoing director--Vote necessary for election.The candidate for director required to fill an existing vacancy or to succeed an outgoing director who receives the highest number of votes cast for such office shall be declared elected. Source: SL 1939, ch 291, §5; SDC Supp 1960, §61.1305 (2); SDCL, §46-16-28.
SD Codified L § 46A-9-30 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 09 - Water User Districts|Section 46A-9-30 - Director to be landowner or entryman.

46A-9-30. Director to be landowner or entryman.No person is qualified to hold office as a member of the board of directors of any water user district unless the person is a landowner or entryman of the district. Source: SL 1939, ch 291, §6; SDC Supp 1960, §61.1306; SDCL §46-16-29; SL 2011, ch 165, §476.
SD Codified L § 46A-9-31 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 09 - Water User Districts|Section 46A-9-31 - Removal of members of board of directors from office--Grounds--Procedure.

46A-9-31. Removal of members of board of directors from office--Grounds--Procedure.Members of the board of directors may be removed from office for the same reasons and in the same manner as provided in §§3-17-6 to 3-17-11, inclusive, for the removal of county and other local officers. Source: SL 1939, ch 291, §5; SDC Supp 1960, §61.1305 (1); SDCL, §46-16-31.
SD Codified L § 46A-9-32 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 09 - Water User Districts|Section 46A-9-32 - Vacancies on board of directors--Declaration of existence--Filling--Member elected to fill, term of office.

46A-9-32. Vacancies on board of directors--Declaration of existence--Filling--Member elected to fill, term of office.Vacancies on the board of directors by reason of death, disability, failure to hold land in the water user district, or in the election division if election divisions are provided for, or otherwise shall be declared to exist and shall be filled by the board of directors, and the members thus elected to fill vacancies shall serve until members to fill out the remainder of such terms respectively may be elected at the next succeeding district election. Source: SL 1939, ch 291, §5; SDC Supp 1960, §61.1305 (1); SDCL, §46-16-32.
SD Codified L § 46A-9-33 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 09 - Water User Districts|Section 46A-9-33 - Reimbursement of expenses and compensation of board members.

46A-9-33. Reimbursement of expenses and compensation of board members.Each water user district board of directors shall establish amounts to reimburse board members for expenses for lodging, meals, and mileage and to provide compensation for each day of actual service for traveling to, attending, and returning from meetings, hearings, or investigations of the water use district board. Such reimbursement and compensation shall be paid on vouchers duly verified and approved accordingly to procedures determined by the board. Source: SL 1939, ch 291, §6; SDC Supp 1960, §61.1306; SDCL §46-16-33; SL 1981, ch 318; SL 1987, ch 335; SL 2001, ch 243, §1; SL 2011, ch 202, §1.
SD Codified L § 46A-9-34 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 09 - Water User Districts|Section 46A-9-34 - Officers--Election by board of directors--Appointment of executive committee and other employees.

46A-9-34. Officers--Election by board of directors--Appointment of executive committee and other employees.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.
SD Codified L § 46A-9-35 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 09 - Water User Districts|Section 46A-9-35 - Bond of treasurer.

46A-9-35. Bond of treasurer.The treasurer shall furnish and maintain a corporate surety bond in such amounts and with such sureties as the directors may specify and conditioned on faithful performance of the treasurer's duties. The bond, as thus approved, shall be filed with the secretary of state, and the premium upon the bond shall be paid by the district. Source: SL 1939, ch 291, §6; SDC Supp 1960, §61.1306; SDCL §46-16-35; SL 2011, ch 201, §1.
SD Codified L § 46A-9-36 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 09 - Water User Districts|Section 46A-9-36 - Corporate powers of district vested in board of directors.

46A-9-36. Corporate powers of district vested in board of directors.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.