reglab/housing_qa huggingface dataset:
SD Codified L § 46A-9-37 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 09 - Water User Districts|Section 46A-9-37 - Bylaws and procedures--Adoption by board of directors--Minutes of meetings--Records of account, kept at principal place of business, open to public inspection.

46A-9-37. Bylaws and procedures--Adoption by board of directors--Minutes of meetings--Records of account, kept at principal place of business, open to public inspection.The board of directors may by resolution adopt bylaws and procedures, not inconsistent with the provisions of this chapter, for the conduct of the business and affairs of the water user district. The board of directors shall cause to be kept accurate minutes of its meetings and accurate records and books of account, conforming to approved methods of bookkeeping, clearly setting out and reflecting the entire operation, management, and business of the district. The books and records shall be kept at the principal place of business of the district and at reasonable business hours always open to public inspection. Source: SL 1939, ch 291, §6; SDC Supp 1960, §61.1306; SDCL, §46-16-37; SL 1993, ch 256, §83.
SD Codified L § 46A-9-38 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 09 - Water User Districts|Section 46A-9-38 - Indemnification of directors, officers, employees, or agents of districts.

46A-9-38. Indemnification of directors, officers, employees, or agents of districts.A water user district may indemnify any person who was or is a party or is threatened to be made a party to any pending or completed action, suit, or proceeding, whether civil, criminal, administrative, or investigative by reason of the fact that the person is or was a director, officer, employee, or agent of the water user district or is or was serving at the request of the water user district as a director, officer, employee, or agent or another corporation, limited liability company, partner-joint venture, trust, or other enterprise, against expenses including attorneys' fees, judgments, fines, and amounts paid in settlement actually and reasonably incurred by the person in connection with the action, suit, or proceeding if the person acted in good faith and in a manner the person reasonably believed to be in or not opposed to the best interests of the water user district and, with respect to any criminal action or proceeding, had no reasonable cause to believe the person's conduct was unlawful. However, this section does not apply to any action by or in the right of the water user district. Source: SL 1979, ch 300; SDCL Supp, §46-16-37.1; SL 1994, ch 351, §114.
SD Codified L § 46A-9-39 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 09 - Water User Districts|Section 46A-9-39 - Powers of district.

46A-9-39. Powers of district.A water user district organized under the provisions of this chapter has the powers provided by §§46A-9-40, 46A-9-41, and §§46A-9-43 to 46A-9-45, inclusive, and may own, have, or exercise the rights, privileges, and franchises provided by those sections. Source: SL 1939, ch 291, §7; SDC Supp 1960, §61.1307; SDCL §46-16-38; SL 2011, ch 165, §477.
SD Codified L § 46A-9-40 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 09 - Water User Districts|Section 46A-9-40 - Powers of corporation for public purposes--Acquisition and disposition of property.

46A-9-40. Powers of corporation for public purposes--Acquisition and disposition of property.The water user district has all the usual powers of a corporation for public purposes. The district may acquire by purchase, gift, condemnation, or other lawful means and may hold any real or personal property reasonably necessary for the conduct of its business, or may lease such property for its proper purposes. The district may sell, lease, or otherwise dispose of such property if not needed by the district. Source: SL 1939, ch 291, §7; SDC Supp 1960, §61.1307 (1); SDCL §46-16-39; SL 2011, ch 165, §478.
SD Codified L § 46A-9-41 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 09 - Water User Districts|Section 46A-9-41 - Acquisition, management, use, and operation of works and property--Disposition of works.

46A-9-41. Acquisition, management, use, and operation of works and property--Disposition of works.The water user district may own, construct, reconstruct, improve, purchase, condemn, lease, receive by gift, or otherwise acquire, hold, extend, manage, use, or operate any works and any kind of property, personal or real, necessary, useful, or incident to such acquisition, extension, management, use, and operation. The district may sell, mortgage, alienate, or otherwise dispose of the works or any part of the works only under the terms and subject to the conditions provided in §§46A-9-69 to 46A-9-72, inclusive. Source: SL 1939, ch 291, §7; SDC Supp 1960, §61.1307 (2); SDCL §46-16-40; SL 2011, ch 165, §479.
SD Codified L § 46A-9-42 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 09 - Water User Districts|Section 46A-9-42 - Transfer of obligations of nonprofit rural water supplier or wastewater system operator to water user district, sanitary district, or municipality--Majority vote of district.

46A-9-42. Transfer of obligations of nonprofit rural water supplier or wastewater system operator to water user district, sanitary district, or municipality--Majority vote of district.Any nonprofit corporation, cooperative, or association engaged in the treatment, distribution, or sale of water or the collection, treatment, or disposal of wastewater to a rural area may, by majority vote of the membership voting in an election on the question, transfer all of its assets, liabilities, contracts, and other obligations to a water user district as defined in §46A-9-2, sanitary district authorized to operate a water system under §34A-5-41, or a municipality. No such action may be taken unless approved by majority vote of the water user district or sanitary district membership voting in an election on the action. Source: SL 1974, ch 285; SL 1977, ch 368; SL 1982, ch 312, §2; SDCL Supp, §46-16-40.1; SL 2006, ch 226, §5.
SD Codified L § 46A-9-43 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 09 - Water User Districts|Section 46A-9-43 - Contracts with governmental agencies authorized for certain purposes.

46A-9-43. Contracts with governmental agencies authorized for certain purposes.In connection with the powers provided by §§46A-9-40 and 46A-9-41, the water user district may enter into any contract, lease, agreement, or arrangement with any state, county, municipality, district, governmental or public corporation or association, or with any person, firm, or corporation, public or private, or with the government of the United States, or with any officer, department, bureau, or agency of the government of the United States, or with any corporation organized under federal law. The contract, lease, agreement, or arrangement may be for any of the following purposes:(1)Exercising or using any one or more of the powers authorized in §§46A-9-40 and 46A-9-41;(2)Selling, leasing, or otherwise furnishing or establishing water rights, water supply, conveyance and distribution of water, water service, or water storage;(3)Irrigation or flood control;(4)Domestic, industrial, municipal, or stock-watering purposes;(5)Drainage of lands;(6)Provision of services or systems for the collection, treatment, or disposal of wastewater;(7)Provision of billing, collection, hookup, or termination services for entities that provide services for the collection, treatment, or distribution of water or wastewater;(8)Financing or payment of the cost and expenses incident to the construction, acquisition, or operation of such works, or incident to any obligation or liability entered into or incurred by the district. Source: SL 1939, ch 291, §7; SDC Supp 1960, §61.1307 (2); SDCL, §46-16-41; SL 1992, ch 60, §2; SL 2006, ch 226, §6.
SD Codified L § 46A-9-44 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 09 - Water User Districts|Section 46A-9-44 - Extraterritorial powers of district.

46A-9-44. Extraterritorial powers of district.The district may exercise any of the powers enumerated in §§46A-9-41 and 46A-9-43 either within or beyond or partly within and partly beyond the boundaries of the district and of the State of South Dakota, unless prohibited by the law of the area or state concerned or of the United States of America. Source: SL 1939, ch 291, §7; SDC Supp 1960, §61.1307 (3); SDCL §46-16-42; SL 2011, ch 165, §480.
SD Codified L § 46A-9-45 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 09 - Water User Districts|Section 46A-9-45 - Appropriation of waters of state by district--Interference with existing water rights forbidden.

46A-9-45. Appropriation of waters of state by district--Interference with existing water rights forbidden.Such water user district shall have the right to appropriate the waters of the state in the same manner as other appropriators under the laws of this state; provided, that such district shall not, in the exercise of the powers conferred by this chapter, interfere with, injure, or otherwise damage or affect existing water rights, other than through the purchase of such rights or through condemnation proceedings as provided in this chapter; and provided, further, that no irrigation district, corporation, association, or individual holding a water right for lands located either within or outside the boundaries of a water user district shall be in any way affected by the operations of such district other than by reason of a contract voluntarily entered into by such organization or individual with such district, or by reason of the exercise by such district of the power of eminent domain as provided in this chapter. Source: SL 1939, ch 291, §7; SDC Supp 1960, §61.1307 (4); SDCL, §46-16-43.
SD Codified L § 46A-9-46 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 09 - Water User Districts|Section 46A-9-46 - Eminent domain--Appraisement of private property or interest.

46A-9-46. Eminent domain--Appraisement of private property or interest.In addition to any other rights and powers conferred upon any water user district organized under the provisions of this chapter, the district may exercise the power of eminent domain for the purposes and after the manner provided for in chapter 21-35, after declaring by resolution the necessity for and purpose of the taking of property and the extent of the taking. If any such district condemns private property or interests in the private property, the appraisement shall include the amount of damage that will accrue to the owner of the condemned property through severance of the condemned property from other property of the owner, previously operated with the condemned property, as a unit. Source: SL 1939, ch 291, §8; SDC Supp 1960, §61.1308; SDCL §46-16-44; SL 2011, ch 165, §481.
SD Codified L § 46A-9-46.1 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 09 - Water User Districts|Section 46A-9-46.1 - Municipal approval of location of wastewater plant or system--Exception for existing plant or system.

46A-9-46.1. Municipal approval of location of wastewater plant or system--Exception for existing plant or system.No portion of any plant or system that is operated by a water user district for the collection, treatment, or disposal of wastewater, including sanitary sewers and sewage and sewage treatment plants and systems, may be located within a zone that extends ten miles outward from the corporate limits of any municipality without the approval of the municipality. However, if the ten-mile zones of more than one municipality overlap, the jurisdiction of each municipality over any such plant or system terminates at a boundary line equidistant from the respective corporate limits of the municipalities; and the water user district shall obtain the approval of each municipality that would have jurisdiction over any portion of the plant or system to be operated by the water user district. The restrictions provided in this section do not apply to any portion of any such plant or system if the portion was in existence on July 1, 2006 or if the portion predates any expansion by a municipality that would otherwise cause the plant or system to be in violation of this section. Source: SL 2006, ch 226, §7.
SD Codified L § 46A-9-47 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 09 - Water User Districts|Section 46A-9-47 - District has no power to tax or levy assessments--Others have no liability for district indebtedness or obligations.

46A-9-47. District has no power to tax or levy assessments--Others have no liability for district indebtedness or obligations.The district has no power of taxation, or of levying assessments for special benefits. No governmental authority may levy or collect taxes or assessments for the purpose of paying, in whole or in part, any indebtedness or obligation of or incurred by the district as such or upon which the district may be or become in any manner liable. No privately owned property within or outside the district, nor the owner of the property, and no municipality, county, irrigation district, or other political subdivision or public or private corporation or association or its property, is directly or indirectly liable for any such district indebtedness or obligation beyond the liability to perform any express contract, if any, between the owner or public or private organization and the district. Source: SL 1939, ch 291, §9; SDC Supp 1960, §61.1309; SDCL §46-16-45; SL 1992, ch 60, §2; SL 2011, ch 165, §482.
SD Codified L § 46A-9-48 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 09 - Water User Districts|Section 46A-9-48 - Costs of operation of district--Contract for payment of rent or charge for water storage or water supply.

46A-9-48. Costs of operation of district--Contract for payment of rent or charge for water storage or water supply.No person, irrigation district, municipality, county, or other governmental subdivision, irrigation company, or other public or private corporation or association is liable for the payment of any rent or charge for water storage; water supply; for the collection, treatment, or disposal of wastewater; or for any of the costs of operation of a water user district, unless a contract for such services has been entered into between the person or public or private organization and the water user district furnishing the services. Source: SL 1939, ch 291, §9; SDC Supp 1960, §61.1309; SDCL, §46-16-46; SL 1992, ch 60, §2; SL 2006, ch 226, §8.
SD Codified L § 46A-9-49 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 09 - Water User Districts|Section 46A-9-49 - Grants or loans--Gifts.

46A-9-49. Grants or loans--Gifts.Any water user district organized under this chapter may exercise any power conferred by this chapter for the purpose of obtaining grants or loans or both from any federal agency pursuant to or by virtue of any acts of Congress independently or in conjunction with any other power or powers conferred by this chapter, or heretofore or hereafter conferred by any other law. The district may accept from private owners or other sources, gifts, deeds, or instruments of trust or title relating to land, water rights, and any other form of property. Source: SL 1939, ch 291, §11; SDC Supp 1960, §61.1311; SDCL §46-16-47; SL 2011, ch 165, §483.
SD Codified L § 46A-9-50 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 09 - Water User Districts|Section 46A-9-50 - Cooperation with United States in acquisition and disposition of property.

46A-9-50. Cooperation with United States in acquisition and disposition of property.The water user district may purchase and acquire lands, water rights, rights-of-way, and real and personal properties of every nature in cooperation with the United States under such conditions as the board deems advisable. The district may convey such rights and property under conditions, terms, and restrictions approved by the board of directors and the federal government or any of its agencies. The district may pay the purchase price and any construction costs or other necessary expenses and costs in connection with any works contemplated by this chapter either from its own funds or cooperatively with the federal government. Source: SL 1939, ch 291, §12; SDC Supp 1960, §61.1312; SDCL §46-16-48; SL 2011, ch 165, §484.
SD Codified L § 46A-9-51 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 09 - Water User Districts|Section 46A-9-51 - Eminent domain laws applicable to irrigation districts apply.

46A-9-51. Eminent domain laws applicable to irrigation districts apply.All provisions of law now applicable to irrigation districts, privately owned irrigation corporations, or ditch companies, regarding the exercise of the power of eminent domain, the use and occupation of state and other public lands and highways, the appropriation, or other acquisition, enjoyment, or use of water, water rights, or water diversion or storage rights, for any of the purposes contemplated in this chapter, the manner or method of construction and physical operation of irrigation works, storage dams, drainage ditches, as herein contemplated, shall be applicable as nearly as may be, and so far as not in conflict with the provisions of this chapter, to water user districts organized under this chapter in their exercise of the rights, powers, and franchises and in the performance of the duties conferred or imposed upon them under the provisions of this chapter. Source: SL 1939, ch 291, §8; SDC Supp 1960, §61.1308; SDCL, §46-16-49.
SD Codified L § 46A-9-52 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 09 - Water User Districts|Section 46A-9-52 - Contracts governed by public agency procurement law.

46A-9-52. Contracts governed by public agency procurement law.Any water user district contract for the construction, alteration, extension, or improvement of any works, or any part or section thereof, or any building, for the use of the district, or for the purchase of any materials, machinery, or apparatus therefor is governed by chapters 5-18A and 5-18B. Source: SL 1939, ch 291, §13; SDC Supp 1960, §61.1313; SDCL §46-16-50; SL 1972, ch 32, §5; SL 1991, ch 373; SL 2011, ch 2, §148.
SD Codified L § 46A-9-53 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 09 - Water User Districts|Section 46A-9-53 - Filing of plans and specifications--Advertisement for bids.

46A-9-53. Filing of plans and specifications--Advertisement for bids.Before publication of any advertisement pursuant to chapter 5-18A, plans and specifications for the proposed construction work or materials shall be prepared and filed at the principal office or place of business of the water user district. The advertisement shall be published as required by §5-18A-14 and, in the discretion of the board of directors of the district, may be published in such additional newspapers or trade or technical periodicals as may be selected by the board in order to give proper notice of the receiving of bids. The advertisement shall designate the nature of construction work proposed to be done or materials proposed to be purchased. Source: SL 1939, ch 291, §13; SDC Supp 1960, §61.1313; SDCL §46-16-51; SL 1972, ch 34, §6; SL 2006, ch 226, §9; SL 2011, ch 2, §149.
SD Codified L § 46A-9-54 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 09 - Water User Districts|Section 46A-9-54 - Contracts for proposed construction work--Employment of citizens of state--Bond of contractor.

46A-9-54. Contracts for proposed construction work--Employment of citizens of state--Bond of contractor.Such contract shall provide that wherever possible, workmen who are citizens of South Dakota shall be employed by the contractor. All provisions of chapter 5-21 with reference to contractors' bonds required under such statutes, shall be applicable and effective as to any contract let pursuant to the provisions of this chapter. Source: SL 1939, ch 291, §13; SDC Supp 1960, §61.1313; SDCL, §46-16-52; SL 1979, ch 18, §5.
SD Codified L § 46A-9-55 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 09 - Water User Districts|Section 46A-9-55 - Certain proposed works exempt from competitive bidding requirements.

46A-9-55. Certain proposed works exempt from competitive bidding requirements.If all or a portion of the cost of the proposed works is to be met by grant of labor or a grant-in-aid from a federal or state agency, does not require the use of any state or federal funds in the proposed works, or under other contract with a federal or state agency, and the rules of such agency provide that work may not be done by contract, the board of directors may proceed with the necessary construction or other work without first complying with any of the provisions of §§46A-9-52 to 46A-9-54, inclusive. Source: SL 1939, ch 291, §13; SDC Supp 1960, §61.1313; SDCL §46-16-53; SL 1993, ch 256, §84; SL 2012, ch 219, §1.
SD Codified L § 46A-9-56 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 09 - Water User Districts|Section 46A-9-56 - Borrowing power of district--Sources from which obligations payable--Authorization, issuance, and sale of bonds.

46A-9-56. Borrowing power of district--Sources from which obligations payable--Authorization, issuance, and sale of bonds.Any district organized pursuant to this chapter may borrow money and incur indebtedness for any corporate use or purpose authorized in this chapter, provided the indebtedness, liability, or obligation of the district for the payment of money in any manner, and whether arising from contract, implied contract, or otherwise, is payable solely:(1)From revenues, income, receipts, and profits derived by the district from its operation and management of systems and irrigation works as in this chapter provided; or(2)From the issuance or sale by the district of its warrants, notes, revenue bonds, debentures, or other evidences of indebtedness, (hereinafter referred to in this section as "district obligations") payable solely from such revenues, income, receipts, and profits. All bonds shall be authorized, issued, and sold as provided in chapter 6-8B. However, no bond election is required. Source: SL 1939, ch 291, §10; SDC Supp 1960, §61.1310; SDCL, §46-16-54; SL 1978, ch 330, §2; SL 1984, ch 43, §124; SL 1985, ch 361.
SD Codified L § 46A-9-57 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 09 - Water User Districts|Section 46A-9-57 - District obligations--Pledge of revenue for payment--Collateral security for loan.

46A-9-57. District obligations--Pledge of revenue for payment--Collateral security for loan.Any such water user district may pledge and put up as collateral security for a loan any district obligations. Any district issuing district obligations under the provisions of this chapter may pledge all or any part of the revenues which the district may derive from the sale, conveyance, or distribution of water for irrigation, domestic, municipal, industrial, or stock-watering purposes; from the storage of water; or from the collection, treatment, or disposal of wastewater, as security for the payment of the principal and interest on the loan. Any such pledge of revenues shall be made by the directors of the district by resolution or by agreement with the purchasers or holders of the district obligations. Any such resolution or agreement may specify the particular revenues that are pledged and the terms and conditions to be performed by the district and the rights of the holders of the district obligations, and may provide for priorities of liens in any such revenues as between the holders of district obligations issued at different times or under different resolutions or agreements. Source: SL 1939, ch 291, §10; SDC Supp 1960, §61.1310; SDCL, §46-16-55; SL 2006, ch 226, §10.