reglab/housing_qa huggingface dataset:
SD Codified L § 46A-6-36 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 06 - Irrigation District Contracts And Financing|Section 46A-6-36 - Contract with United States amendatory of individual water right contracts--Exception.

46A-6-36. Contract with United States amendatory of individual water right contracts--Exception.If an irrigation district organized under the laws of this state enters into a contract with the United States for the payment of charges due the United States in connection with a federal reclamation project, and the district contract is inconsistent in any respect with the individual water right contracts between the United States and the landowners of the district, the district contract will be taken as amendatory of individual water right contracts affecting district land, the owners, mortgagees, or lienors of which fail to answer the petition. However, the contract entered into with the United States, providing for a different deficiency assessment, shall be approved by a majority vote of the owners of land at an election properly called for such purpose. Source: SDC 1939, §61.0844; SDCL §46-14-35; SL 2011, ch 165, §405.
SD Codified L § 46A-6-37 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 06 - Irrigation District Contracts And Financing|Section 46A-6-37 - Court hearing on organization of district or issuance of bonds--Determination of legality--Disregard of certain irregularities--Partial approval--Costs.

46A-6-37. Court hearing on organization of district or issuance of bonds--Determination of legality--Disregard of certain irregularities--Partial approval--Costs.Upon the hearing of the special proceeding the court may examine and determine the legality and validity of, and approve and confirm or disapprove and disaffirm, each of the proceedings for the organization of the district, including the petition for the organization of the district and all other steps and matters that may affect the legality or validity of the proceedings and objects set forth in the petition, including any proceedings connected with the voting and issuing of bonds by the district. The court in inquiring into the regularity, legality, or correctness of the proceedings shall disregard any error, irregularity, or omission that does not affect the substantial rights of the parties. The court may approve and confirm the proceedings in part and disapprove and declare illegal or invalid other and subsequent parts of the proceedings, and insofar as possible the court shall remedy and cure all defects in the proceedings. The court shall find and determine whether the notice of the filing of the petition has been duly given and published for the time and in the manner prescribed by this chapter. The costs of the special proceeding may be allowed and apportioned between the parties in the discretion of the court. Source: SDC 1939, §61.0845; SDCL §46-14-36; SL 2011, ch 165, §406.
SD Codified L § 46A-6-38 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 06 - Irrigation District Contracts And Financing|Section 46A-6-38 - Statement by board--Preparation, contents, and certification--Statement and bonds presented to department--Recording of statement--Registration of bonds.

46A-6-38. Statement by board--Preparation, contents, and certification--Statement and bonds presented to department--Recording of statement--Registration of bonds.If the court determines the proceedings for the organization of the district to be legal and valid and the proceedings for the voting and issuing of the bonds legal and valid, the board of directors shall then prepare a written statement, beginning with the filing of the petition for the organization of the district and including all subsequent proceedings for the organization of the district, the voting and issuing of such bonds or other objects of such petition, and ending with the decree of the court finding the proceedings for the organization of the district and subsequent proceedings legal and valid. If the proceedings are for the confirmation of a bond issue, the board shall present the written statement and the bonds to the Department of Agriculture and Natural Resources and the written statement shall be certified under oath by the board of directors of the district. The Department of Agriculture and Natural Resources shall record the statement and register the bonds in its office, and no such bonds may be issued or be valid unless they are registered and have endorsed on the bonds a certificate of the Department of Agriculture and Natural Resources showing that the bonds are issued pursuant to law, the date filed in the office of the department being the basis of the certificate. Source: SDC 1939, §61.0845; SDCL §46-14-37; SL 1977, ch 366, §7; SL 2011, ch 165, §407; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
SD Codified L § 46A-6-39 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 06 - Irrigation District Contracts And Financing|Section 46A-6-39 - Borrowing to make payments on federal contracts.

46A-6-39. Borrowing to make payments on federal contracts.The board of directors of any irrigation district in this state sustaining contractual relations with the United States may borrow funds for the purpose of making any necessary payments on the contracts, and may pledge the credit of the district for the payment of the contracts. Source: SDC 1939, §61.0814; SDCL §46-14-38; SL 2011, ch 165, §408.
SD Codified L § 46A-6-40 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 06 - Irrigation District Contracts And Financing|Section 46A-6-40 - Borrowing for unforeseen or unusual conditions in operation and maintenance.

46A-6-40. Borrowing for unforeseen or unusual conditions in operation and maintenance.The board of directors may borrow funds to meet the necessities of any unforeseen or unusual conditions arising in the operation and maintenance of the irrigation system of the district and may pledge the credit of the district for the payment of the debt. Source: SDC 1939, §61.0814; SDCL §46-14-39; SL 2011, ch 165, §409.
SD Codified L § 46A-6-41 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 06 - Irrigation District Contracts And Financing|Section 46A-6-41 - Maximum amount of loans--Payment.

46A-6-41. Maximum amount of loans--Payment.The total sum borrowed by any district under the provisions of §§46A-6-39 and 46A-6-40 may at no time exceed two-thirds of the amount of the general fund levy of the district for the preceding year. If the levy for the then current year is insufficient to provide for the payment of the sum borrowed, then the payment shall be provided for in the levy for the next ensuing year. Source: SDC 1939, §61.0814; SDCL §46-14-40; SL 2011, ch 165, §410.
SD Codified L § 46A-6-41.1 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 06 - Irrigation District Contracts And Financing|Section 46A-6-41.1 - Borrowing funds from conservancy district--Pledge of district credit.

46A-6-41.1. Borrowing funds from conservancy district--Pledge of district credit.The provisions of §46A-6-41 notwithstanding, the board of directors of any irrigation district may borrow funds from the conservancy district as set forth in §46A-1-64 if the funds are used for study, planning, design, or engineering purposes. The board may pledge the credit of the district to repay the funds. Source: SL 1984, ch 294, §37.
SD Codified L § 46A-6-42 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 06 - Irrigation District Contracts And Financing|Section 46A-6-42 - Funds of district--Deposit in bank, designation by board of directors, release of district treasurer from personal liability.

46A-6-42. Funds of district--Deposit in bank, designation by board of directors, release of district treasurer from personal liability.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.
SD Codified L § 46A-6-43 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 06 - Irrigation District Contracts And Financing|Section 46A-6-43 - Withdrawal from construction fund and deposit in county treasury--Disbursement by county treasurer--Monthly report.

46A-6-43. Withdrawal from construction fund and deposit in county treasury--Disbursement by county treasurer--Monthly report.The board of directors may draw from time to time from the construction fund and deposit, in the county treasury of the county where the office of the board is situated, any sum in excess of twenty-five thousand dollars. The county treasurer shall receive and receipt for the deposit and place the deposit to the credit of the district. The county treasurer is responsible on the treasurer's official bond for the safekeeping and disbursement of the deposit as provided in this chapter. The county treasurer shall pay out the deposit, or any part of the deposit, only to the treasurer of the district and upon the order of the board, signed by the president and attested by the secretary. The county treasurer shall report in writing on the second Monday in each month the amount of money in the county treasury credited to the district, the amount of receipts for the month preceding, and the amount of money paid out. The report shall be verified and filed with the secretary of the board. Source: SDC 1939, §61.0920; SDCL §46-14-42; SL 2011, ch 165, §411.
SD Codified L § 46A-6-44 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 06 - Irrigation District Contracts And Financing|Section 46A-6-44 - Costs of acquisition of property and construction of works and improvements--Payment out of construction fund or in district bonds.

46A-6-44. Costs of acquisition of property and construction of works and improvements--Payment out of construction fund or in district bonds.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.
SD Codified L § 46A-6-45 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 06 - Irrigation District Contracts And Financing|Section 46A-6-45 - Additional bonds of district--Priority.

46A-6-45. Additional bonds of district--Priority.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.
SD Codified L § 46A-6-46 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 06 - Irrigation District Contracts And Financing|Section 46A-6-46 - Claims against district--Verification required--Oaths administered by district secretary.

46A-6-46. Claims against district--Verification required--Oaths administered by district secretary.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.
SD Codified L § 46A-6-47 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 06 - Irrigation District Contracts And Financing|Section 46A-6-47 - Claims against district--Allowance--Warrants for payment.

46A-6-47. Claims against district--Allowance--Warrants for payment.No claim may be paid by the district treasurer until the claim has been allowed by the board of directors, and only upon warrants signed by the president and countersigned by the secretary. All warrants shall be drawn and payable to the claimant or bearer, the same as county warrants. Source: SDC 1939, §61.0920; SDCL §46-14-46; SL 2011, ch 165, §412.
SD Codified L § 46A-6-48 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 06 - Irrigation District Contracts And Financing|Section 46A-6-48 - Insufficient funds for payment of warrants--Endorsement of district treasurer--Interest.

46A-6-48. Insufficient funds for payment of warrants--Endorsement of district treasurer--Interest.If the district treasurer does not have sufficient money on hand to pay any warrant when it is presented for payment, the district treasurer shall endorse on the warrant "Not paid for want of funds," the date, and the treasurer's signature. From the time of presentation until paid, the warrant shall draw interest at a rate to be negotiated by the parties. Source: SDC 1939, §61.0920; SDCL §46-14-47; SL 1983, ch 28, §56; SL 2011, ch 165, §413.
SD Codified L § 46A-6-49 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 06 - Irrigation District Contracts And Financing|Section 46A-6-49 - Register of warrants by district treasurer--Payment of warrants in order of presentation.

46A-6-49. Register of warrants by district treasurer--Payment of warrants in order of presentation.The district treasurer shall keep a register that lists each warrant presented for payment, the date and amount of the warrant, to whom payable, the date of the presentation of payment, the date of payment, and the amount paid in redemption of the warrant. All warrants shall be paid in the order of their presentation for payment to the district treasurer. Source: SDC 1939, §61.0920; SDCL §46-14-48; SL 2011, ch 165, §414.
SD Codified L § 46A-6-50 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 06 - Irrigation District Contracts And Financing|Section 46A-6-50 - District treasurer--Monthly report.

46A-6-50. District treasurer--Monthly report.The district treasurer shall also report to the board of directors in writing, on the first Monday of each month, the amount of money in the district treasury, the amount of receipts for the month preceding, and the amount of items and expenditures, and such report shall be verified and filed with the secretary of the board. Source: SDC 1939, §61.0920; SDCL, §46-14-49.
SD Codified L § 46A-6-51 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 06 - Irrigation District Contracts And Financing|Section 46A-6-51 - Transfer of assets and liabilities of nonprofit entity to district--Approval by governing board and electors.

46A-6-51. Transfer of assets and liabilities of nonprofit entity to district--Approval by governing board and electors.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.
SD Codified L § 46A-7-1 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 07 - Irrigation District Assessments And Levies|Section 46A-7-1 - Tolls, charges, and assessments--Expenses covered--Levy of assessments.

46A-7-1. Tolls, charges, and assessments--Expenses covered--Levy of assessments.For the purpose of defraying the expenses of the organization of an irrigation district, and for the purpose of defraying all expenses incurred in formulating a general plan for the proposed operation of an irrigation district including surveys, maps, estimates, examinations, and plans made in order to demonstrate the practicability of such general plan, all as authorized by §§46A-5-2 and 46A-5-3, and for the purpose of defraying all expenses related to the care, operation, management, repair, and improvement of such portions of its canal and works as are completed and in use, including salaries of officers and employees, the board of directors of the district may either fix rates of tolls and charges and collect the tolls and charges from all persons using such works for irrigation or other purposes, or may provide for the payment of such expenditures by assessments, or by both tolls and assessments. If by assessment, the levy shall be made upon the completion and equalization of the assessment roll in accordance with the benefit received; and the board has the same powers and functions for the purposes of the levy as are now possessed by boards of county commissioners in this state. The assessment shall be collected as provided in this chapter. Source: SDC 1939, §61.0921; SDCL §46-15-1; SL 1976, ch 277, §16; SL 2011, ch 165, §415.
SD Codified L § 46A-7-2 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 07 - Irrigation District Assessments And Levies|Section 46A-7-2 - Expenses for completion of irrigation system--Issuance of additional bonds or levy of assessment.

46A-7-2. Expenses for completion of irrigation system--Issuance of additional bonds or levy of assessment.In lieu of the issuance of additional bonds as authorized by §46A-6-45, the board of directors may provide for the completion of the irrigation system of the district by the levy of an assessment therefor, in the same manner in which the levy of an assessment is made for the other purposes provided for in this chapter. Source: SDC 1939, §61.0921; SDCL, §46-15-2.
SD Codified L § 46A-7-3 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 07 - Irrigation District Assessments And Levies|Section 46A-7-3 - Special assessment--Submission of question of levy--Notice of election--Authorization by majority of votes--Levy of assessment--Entry upon assessment roll and tax list--Collection.

46A-7-3. Special assessment--Submission of question of levy--Notice of election--Authorization by majority of votes--Levy of assessment--Entry upon assessment roll and tax list--Collection.The board of directors may at any time call a special election and submit to the qualified electors of the district the question whether or not a special assessment shall be levied for the purpose of raising money to be applied for any of the purposes provided for in chapters 46A-4 to 46A-7, inclusive. The election shall be called upon the notice prescribed, and the election shall be held and the result of the election determined and declared in all respects in conformity with the provisions of chapters 46A-4 to 46A-7, inclusive. The notice shall specify the amount of money proposed to be raised, and the purpose for which it is intended to be raised. The ballots shall contain the words "Assessment--Yes," "Assessment--No." If a majority of the votes are "Assessment--Yes," the board shall, at the time of the annual levy, levy an assessment sufficient to raise the amount voted. The assessment shall be entered upon the assessment roll and upon the tax list by the county auditor and collected at the same time and in the same manner as other assessments. All revenue laws of this state for the collection of real estate taxes and sale of land for taxes apply to the assessment provided for in this section. When collected, the assessment shall be paid by the county treasurer to the district treasurer for the purpose specified in the notice of the special election. Source: SDC 1939, §61.0923; SDCL §46-15-3; SL 2011, ch 165, §416.
SD Codified L § 46A-7-3.1 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 07 - Irrigation District Assessments And Levies|Section 46A-7-3.1 - Eligibility to vote on special assessment.

46A-7-3.1. Eligibility to vote on special assessment.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.
SD Codified L § 46A-7-4 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 07 - Irrigation District Assessments And Levies|Section 46A-7-4 - Apportionment of benefits accruing to land by irrigation--Basis for annual assessments.

46A-7-4. Apportionment of benefits accruing to land by irrigation--Basis for annual assessments.The director of equalization shall, between the first Monday in May and the first Monday in July in each year, examine each tract or legal subdivision of land in an irrigation district including entered and unentered public lands of the United States, subject to the irrigation district under the act of Congress approved August 11, 1916, entitled "An Act to promote the irrigation of arid lands," as amended to January 1, 2011. The director of equalization shall determine the benefits that will accrue to each tract or subdivision on account of the construction or acquisition of the irrigation works. The amount so apportioned or distributed to each tract or subdivision as finally equalized or confirmed by the court, as the case may be, is the basis for fixing the annual assessments levied against the tracts or subdivisions in carrying out the purposes of chapters 46A-4 to 46A-7, inclusive. Source: SDC 1939, §61.0904; SL 1949, ch 435, §1; SDCL §46-15-4; SL 2011, ch 165, §417.
SD Codified L § 46A-7-5 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 07 - Irrigation District Assessments And Levies|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.

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.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.