reglab/housing_qa huggingface dataset:
SD Codified L § 46A-14-8 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 14 - Watershed Districts|Section 46A-14-8 - Initiating petition--Contents.

46A-14-8. Initiating petition--Contents.The initiating petition shall contain the following:(1)The name of the proposed district;(2)A statement that there is need in the interest of the public health, safety, and welfare for creation of a district to accomplish improvements in the watershed;(3)A statement in general terms setting forth the purposes of the contemplated improvements, the territory to be included in the district, and all proposed subdivisions, if any, of the district;(4)The number of and names of the initial board of managers of the proposed district, the provisions of §§6-16-5 and 6-16-5.2 notwithstanding. The initial managers shall serve for a period of one year or until the first annual meeting. The petition shall specify whether the board consists of three or five members. The managers shall be eligible voters of the proposed district or the designee of an eligible voter as provided in §46A-14-15.1. However, no manager may be a public officer of the state or federal government;(5)A map and legal description of the lands constituting the proposed district and the name of any municipality included partly or wholly within the boundaries of the proposed district; and(6)The location of the official place of business of the proposed district. Source: SL 1957, ch 492, §5; SL 1959, ch 452, §3; SDC Supp 1960, §61.1505 (3); SDCL §46-24-8; SL 1992, ch 60, §2; SL 2000, ch 32, §7; SL 2013, ch 228, §12.
SD Codified L § 46A-14-11 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 14 - Watershed Districts|Section 46A-14-11 - Duties of supervisors on receipt of initiating petition.

46A-14-11. Duties of supervisors on receipt of initiating petition.Upon receipt of the initiating petition by the conservation district, its supervisors shall:(1)Acknowledge receipt of the petition;(2)Determine, by working in cooperation with the auditor of each county in which a portion of the proposed district is located, whether the petition contains sufficient signatures as required by §6-16-2;(3)Prepare a preliminary report based upon the initiating petition, and other available data, stating the feasibility and practicability of the proposed improvement and organization of the district, for the purpose of presentation by the conservation district supervisors at hearings as provided in this chapter;(4)Adjust, as necessary, and fix the boundaries of the proposed district. Source: SL 1957, ch 492, §5; SL 1959, ch 452, §3; SDC Supp 1960, §61.1505 (6); SDCL §46-24-11; SL 2013, ch 228, §14.
SD Codified L § 46A-14-13 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 14 - Watershed Districts|Section 46A-14-13 - Time and place for hearing on initiating petition--Publication of notice--Contents.

46A-14-13. Time and place for hearing on initiating petition--Publication of notice--Contents.If the conservation district supervisors and county auditors determine that a sufficient initiating petition has been filed, the conservation district supervisors shall within ten days, thereafter, by their order, fix a time and place, for a hearing on the petition. Notice of the hearing shall be given by the conservation district supervisors by publication once each week for at least two consecutive weeks in a newspaper of general circulation in the area covered by the proposed district. The last notice shall occur within ten days before the hearing and shall contain the following:(1)A statement that an initiating petition has been filed with the conservation district supervisors and a copy of the petition with the county auditor of each affected county;(2)A general description of the purpose of the contemplated improvement and the territory to be included in the proposed district;(3)The date, time, and place of hearing;(4)A statement that all persons affected by the petition or interested in the petition may appear and be heard. Source: SL 1957, ch 492, §6; SL 1959, ch 452, §4; SDC Supp 1960, §61.1506; SDCL §46-24-13; SL 1972, ch 239, §8; SL 2013, ch 228, §16.
SD Codified L § 46A-14-14 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 14 - Watershed Districts|Section 46A-14-14 - Hearing by conservation district on petition--Right of interested persons to be heard.

46A-14-14. Hearing by conservation district on petition--Right of interested persons to be heard.At the time and place fixed for the hearing all persons interested in or affected by the proposed formation of the district shall be given an opportunity to be heard. The conservation district supervisors may continue the hearing from time to time as they may deem necessary. Source: SL 1957, ch 492, §7; SL 1959, ch 452, §5; SDC Supp 1960, §61.1507 (1); SDCL, §46-24-14.
SD Codified L § 46A-14-15 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 14 - Watershed Districts|Section 46A-14-15 - Determination that public interest would be served by creation of district--Election on question.

46A-14-15. Determination that public interest would be served by creation of district--Election on question.After the hearing, if it appears to the conservation district supervisors that public interest in the conservation of the natural resources within the proposed watershed district, including wildlife, water resources, forests, and soils, will be served and protected; that the engineering and economic practicability of creating a district will be sound and feasible, when considered in relation to the public interest; and the resulting cost to the owners of the property to be assessed and that the purpose of this chapter would be served by the creation of a watershed district, the conservation district supervisors shall order a vote to be taken to determine whether a watershed district should be organized. The conservation district supervisors shall file a copy of the election order and a copy of the initiating petition with the county auditor of each county in which a portion of the proposed watershed district will be located. The election shall be conducted in accordance with the applicable provisions of §§6-16-2 to 6-16-6, inclusive. Source: SL 1957, ch 492, §7; SL 1959, ch 452, §5; SDC Supp 1960, §61.1507 (2); SL 1965, ch 303, §4; SDCL §46-24-15; SL 1998, ch 36, §61; SL 2013, ch 228, §17.
SD Codified L § 46A-14-15.1 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 14 - Watershed Districts|Section 46A-14-15.1 - Eligible voter defined.

46A-14-15.1. Eligible voter defined.For purposes of this chapter, the term, eligible voter, has the meaning specified in this section. Only persons or public corporations that are landowners of land located within the proposed or existing watershed district are eligible to vote in the formation election or any subsequent election of a watershed district, except as provided in this chapter. An eligible voter may reside within or outside the district. Any firm, partnership, limited liability company, association, estate, or corporation that holds title to land located within the proposed or existing watershed district is entitled to one vote and may designate an officer or agent to vote on its behalf by presenting a written instrument to that effect to the election officials. The vote of any eligible voter who is a minor or a protected person as defined by §29A-5-102, may be cast by the parent, conservator, or legal representative of the minor or protected person. Any municipality that has been included in the watershed district pursuant to §§46A-14-5 or 46A-14-7 is entitled to one vote which may be cast by a representative designated by the municipality's governing body. Source: SL 2013, ch 228, §18.
SD Codified L § 46A-14-16 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 14 - Watershed Districts|Section 46A-14-16 - Referendum unnecessary where petition signed by sixty percent of eligible voters.

46A-14-16. Referendum unnecessary where petition signed by sixty percent of eligible voters.If the initiating petition is signed by sixty percent or more of the eligible voters in a proposed district who own at least sixty percent of the land in the proposed district, the petition may be accepted by the conservation district supervisors in lieu of the favorable vote at a referendum as specified in §46A-14-26 and the referendum specified in §46A-14-15 is not required. Source: SL 1959, ch 452, §3; SDC Supp 1960, §61.1505 (1); SDCL §46-24-16; SL 1998, ch 36, §62; SL 2013, ch 228, §19.
SD Codified L § 46A-14-26 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 14 - Watershed Districts|Section 46A-14-26 - Organization to proceed on sixty percent favorable vote--New proposal permitted on defeat.

46A-14-26. Organization to proceed on sixty percent favorable vote--New proposal permitted on defeat.If sixty percent or more of the votes cast at the referendum are in favor of the formation of the watershed district, then the conservation district supervisors shall proceed in its organization. If the proposition to form a watershed district is defeated at the referendum, the proposition may again be proposed in the same manner as the original proposal through initiating petition and subsequent procedure. Source: SL 1957, ch 492, §11; SL 1959, ch 452, §9; SDC Supp 1960, §61.1511; SDCL §46-24-26; SL 2013, ch 228, §21.
SD Codified L § 46A-14-28 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 14 - Watershed Districts|Section 46A-14-28 - Name of district--Perpetual existence--Findings and order--Political subdivision.

46A-14-28. Name of district--Perpetual existence--Findings and order--Political subdivision.Upon certification of a favorable petition or vote, the conservation district supervisors shall establish and create the watershed district and give it a corporate name. A watershed district created under the provisions of this chapter has perpetual existence unless dissolved or abolished as provided for in this chapter. The supervisors shall file a certified copy of their findings and order with the secretary of state, at which time the watershed district becomes a political subdivision of the state, with the authority, powers, and duties as prescribed in this chapter. The supervisors shall serve copies of the findings and order upon each of the watershed district managers by certified or registered mail. Source: SL 1957, ch 492, §12; SL 1959, ch 452, §10; SDC Supp 1960, §61.1512; SDCL §46-24-28; SL 2013, ch 228, §23.
SD Codified L § 46A-14-30 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 14 - Watershed Districts|Section 46A-14-30 - Boundaries--Minor adjustments by managers without referendum--Exception.

46A-14-30. Boundaries--Minor adjustments by managers without referendum--Exception.After creation of a watershed district, minor adjustments to the boundaries of the district may be made by the managers, without referendum, if the adjustments do not delete lands from the district that have been subject to a special assessment during the budget year or the current year and if the adjustments do not include additional land in the district without the written approval of the landowner of the land. Source: SL 1959, ch 452, §11; SDC Supp 1960, §61.1513 (2); SDCL §46-24-30; SL 2011, ch 165, §522.
SD Codified L § 46A-14-31 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 14 - Watershed Districts|Section 46A-14-31 - Annexation of additional areas to watershed district--Procedure.

46A-14-31. Annexation of additional areas to watershed district--Procedure.A watershed district may annex additional areas, if the additional areas constitute a watershed as specified for a watershed district in §46A-14-6. The annexation shall be accomplished by either:(1)An initiating petition for the annexation by the eligible voters in the new area and in the existing watershed district, similar to the initiating petition specified in §§46A-14-5 and 46A-14-8; or(2)An initiating petition by the eligible voters in the new area and a resolution by the managers of the watershed district.Upon receipt of the initiating petition and the resolution by the managers, the appropriate conservation district supervisors shall proceed with the annexation in the same manner as prescribed for creation of a new watershed district. Source: SL 1959, ch 452, §11; SDC Supp 1960, §61.1513 (4); SDCL §46-24-31; SL 2011, ch 165, §523; SL 2013, ch 228, §25.
SD Codified L § 46A-14-32 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 14 - Watershed Districts|Section 46A-14-32 - Combining of two or more watershed districts into one district--Procedure.

46A-14-32. Combining of two or more watershed districts into one district--Procedure.Two or more watershed districts may be combined into a single watershed district by either:(1)An initiating petition therefor, similar to the initiating petition specified in §§46A-14-5 and 46A-14-8; or(2)Resolutions by the managers stating the desire to combine the watershed districts and containing essentially the same information as prescribed for an initiating petition.Upon receipt of the initiating petition or resolution by the managers, the appropriate conservation district supervisors shall proceed with the combination of watershed districts in the same manner as prescribed for creation of a new watershed district. Source: SL 1959, ch 452, §11; SDC Supp 1960, §61.1513 (3); SDCL, §46-24-32.
SD Codified L § 46A-14-33 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 14 - Watershed Districts|Section 46A-14-33 - Abolishment of original watershed district upon combining districts or annexing additional territory--Certification to secretary of state.

46A-14-33. Abolishment of original watershed district upon combining districts or annexing additional territory--Certification to secretary of state.Upon completion of proceedings for combination of watershed districts or for annexation of additional areas to a watershed district, the conservation district supervisors shall abolish the original watershed districts. Certification of abolishment shall be made by the conservation district supervisors to the secretary of state at the same time that certification is made to the secretary of state concerning the creation of the modified watershed district as provided in §46A-14-28. Source: SL 1959, ch 452, §11; SDC Supp 1960, §61.1513 (5); SDCL, §46-24-33.
SD Codified L § 46A-14-34 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 14 - Watershed Districts|Section 46A-14-34 - Powers of district.

46A-14-34. Powers of district.A watershed district created under the provisions of this chapter, to the extent necessary for lawful purposes as provided in this chapter, may:(1)Sue and be sued;(2)Incur debts, liabilities, and obligations;(3)Exercise the power of eminent domain only if it is necessary to carry out an approved plan;(4)Levy a tax not to exceed one dollar per thousand dollars of taxable valuation against the landowners' land and buildings as provided in this chapter;(5)Provide for other taxes and assessments;(6)Borrow money and issue certificates, warrants, and bonds; (7)Make surveys or use other reliable surveys and data and develop projects to accomplish the purposes for which the district is organized;(8)Cooperate or contract with any individual, person, state, state agency, political subdivision of a state, federal agency, or private or public corporation;(9)Construct, clean, repair, alter, abandon, consolidate, reclaim, or change the course or terminus of any public ditch, drain sewer, river, watercourse, natural or artificial, within the district, in cooperation with other agencies having prior jurisdiction;(10)Acquire, lease, operate, construct, and maintain dams, dikes, reservoirs, and pertinent works;(11)Acquire by gift, lease, purchase, or eminent domain necessary real and personal property;(12)Contract for purchase of insurance for protection of the district as necessary;(13)Establish and maintain devices for acquiring and recording hydrological data;(14)Enter into all contracts of construction authorized by this chapter; and(15)Perform all acts expressly authorized in this chapter and all other acts necessary and proper for carrying out and exercising the powers expressly vested in the district. Source: SL 1957, ch 492, §13; SL 1959, ch 452, §11; SDC Supp 1960, §61.1513 (1); SDCL §46-24-34; SL 1988, ch 367, §3; SL 2013, ch 228, §26.
SD Codified L § 46A-14-35 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 14 - Watershed Districts|Section 46A-14-35 - Oath of office of managers--Filing with conservation district.

46A-14-35. Oath of office of managers--Filing with conservation district.Within thirty days after the establishment of the watershed district, the managers shall meet at the designated principal place of business of the district and shall take and subscribe the oath as defined in the Constitution of South Dakota. These oaths shall be filed with the conservation district which contains the majority of the lands of the district. Source: SL 1957, ch 492, §15; SL 1959, ch 452, §12; SDC Supp 1960, §61.1515; SDCL §46-24-35; SL 1978, ch 336; SL 2013, ch 228, §27.
SD Codified L § 46A-14-36 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 14 - Watershed Districts|Section 46A-14-36 - Officers--Records--Transaction of district's business.

46A-14-36. Officers--Records--Transaction of district's business.The managers shall then organize by electing one of their members chair and one vice chair. The managers shall appoint a secretary-treasurer, who is not a member of the board of managers, and whose compensation and bond shall be set by the managers. The managers shall provide the necessary books, records, furniture, and equipment for the conduct and transaction of the district's official business. Source: SL 1957, ch 492, §15; SL 1959, ch 452, §12; SDC Supp 1960, §61.1515; SDCL §46-24-36; SL 2013, ch 228, §28.
SD Codified L § 46A-14-37 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 14 - Watershed Districts|Section 46A-14-37 - Annual election of managers--Terms of office.

46A-14-37. Annual election of managers--Terms of office.Before May first of each year, on dates established by the managers, an annual meeting of the district shall be held during which the eligible voters of the district shall elect, by ballot, under the direction of the secretary of the district, managers to replace those whose terms have expired. At the first annual election, if the board of managers has three members, one shall be elected for one year, one for two years, and one for three years, and thereafter one shall be elected annually for three years. If the board of managers has five members, at the first annual meeting one shall be elected for three years, two shall be elected for two years, and two shall be elected for one year, and thereafter at the annual meeting the terms of those expired, shall be elected for three years. Source: SL 1957, ch 492, §17; SL 1959, ch 452, §13; SDC Supp 1960, §61.1517; SL 1965, ch 303, §6; SDCL §46-24-37; SL 2013, ch 228, §29.
SD Codified L § 46A-14-38 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 14 - Watershed Districts|Section 46A-14-38 - Candidates for board of managers--Filing of application--Qualifications.

46A-14-38. Candidates for board of managers--Filing of application--Qualifications.Candidates for the board of managers shall file their written applications with the secretary of the board of managers at least thirty days before the election. All managers and candidates shall be eligible voters of the district or designees of eligible voters as provided in §46A-14-15.1. Eligible voters residing within or outside the district may vote in person or by absentee ballot. Source: SL 1957, ch 492, §17; SL 1959, ch 452, §13; SDC Supp 1960, §61.1517; SL 1965, ch 303, §6; SDCL §46-24-38; SL 2013, ch 228, §30.
SD Codified L § 46A-14-39 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 14 - Watershed Districts|Section 46A-14-39 - Vacancies on board--Appointments--Terms of office.

46A-14-39. Vacancies on board--Appointments--Terms of office.Any vacancy in an unexpired term shall be filled by appointment within thirty days of the vacancy by the remaining managers. Any vacancy in an expired term for which no candidate's application has been filed pursuant to §46A-14-38 shall be filled by appointment within thirty days of the election by the remaining managers. If there are no remaining managers on a board, upon request, the supervisors of the conservation district that contains the majority of the land of the watershed district shall fill the vacancies by appointment. An appointed manager shall hold office for the remainder of the term for which he or she has been appointed. Source: SL 1957, ch 492, § 17; SL 1959, ch 452, § 13; SDC Supp 1960, § 61.1517; SL 1965, ch 303, § 6; SDCL § 46-24-39; SL 1989, ch 389, § 5; SL 2011, ch 165, § 524; SL 2020, ch 195, § 1, eff. Mar. 26, 2020.
SD Codified L § 46A-14-39.1 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 14 - Watershed Districts|Section 46A-14-39.1 - Watershed district--Reactivation--Hearing.

46A-14-39.1. Watershed district--Reactivation--Hearing.If the conservation district supervisors receive a request to reactivate a watershed district, the conservation district supervisors shall, within ten days thereafter, by their order, fix a time and place for a hearing on the request. Notice of the hearing shall be given by the conservation district supervisors by publication once each week for at least two consecutive weeks in a newspaper of general circulation in the area covered by the watershed district. The last notice shall occur within ten days before the hearing and shall contain the following:(1)A statement that a request has been filed with the conservation district supervisors;(2)A general description of the territory included in the watershed district;(3)The date, time, and place of the hearing; and(4)A statement that all persons affected by the request or interested in the request may appear and be heard. Source: SL 2020, ch 195, § 2, eff. Mar. 26, 2020.
SD Codified L § 46A-14-39.2 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 14 - Watershed Districts|Section 46A-14-39.2 - Reactivated watershed district--Implementation of new tax levy.

46A-14-39.2. Reactivated watershed district--Implementation of new tax levy.If a watershed district is reactivated in accordance with §46A-14-39.1, the reactivated watershed district shall comply with the provisions and procedures established in §§46A-14-47 through 46A-14-58 to implement any new tax levy authorized under this chapter. Once the new tax levy is implemented, the reactivated watershed district is no longer required to comply with the provisions of this section and will have met the requirements of §§10-13-35.12 and 10-13-35.13. Source: SL 2020, ch 195, § 3, eff. Mar. 26, 2020.
SD Codified L § 46A-14-40 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 14 - Watershed Districts|Section 46A-14-40 - Advisory committee--Appointment by board of managers--Number of members--Duties.

46A-14-40. Advisory committee--Appointment by board of managers--Number of members--Duties.The managers shall appoint an advisory committee consisting of not less than five members who shall be representatives of the major activities in the district including conservation district activities. The committee shall advise and make recommendations to the managers upon all matters affecting the interests of the district but the managers shall have final authority for decisions made. Source: SL 1957, ch 492, §18; SL 1959, ch 452, §14; SDC Supp 1960, §61.1518; SDCL, §46-24-40; SL 1989, ch 389, §6.