reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 03B - Water Development Districts--Board Of Directors › Section 46A-3B-1 - Initial board of directors--Election--Terms.

46A-3B-1. Initial board of directors--Election--Terms.
The initial board of directors shall be elected at the next general election following the effective date of an act establishing a water development district. If a general election will not occur within one year after the act goes into effect, the Board of Water and Natural Resources may call a special election for the initial board of directors, the costs of such special election to be borne by the water development district. The initial directors shall be elected to serve for staggered terms until the January first following the first general election that occurs at least twelve months after the initial election or the next succeeding general election respectively to represent areas of the water development district. Directors shall thereafter be elected to four-year terms at each subsequent general election to succeed those directors whose terms expire at the end of the year in which the election is held.
Source:
SL 1984 (SS), ch 1, §15.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 03B - Water Development Districts--Board Of Directors › Section 46A-3B-2 - Number of directors--Qualifications.

46A-3B-2. Number of directors--Qualifications.
The board of directors of a water development district shall consist of five, seven, or nine members. Those districts which have a population up to twenty-five thousand shall have five directors. Those districts which have a population of twenty-five thousand and one to seventy-five thousand shall have seven directors. Districts with a population greater than seventy-five thousand shall have nine directors. Each director shall be a resident and voter in the director area represented. The Board of Water and Natural Resources shall divide the water development district into director areas. A director shall be elected from each director area.
Source:
SL 1984 (SS), ch 1, §16; SL 1985, ch 356, §2; SL 2008, ch 233, §2, eff. Jan. 1, 2009.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 03B - Water Development Districts--Board Of Directors › Section 46A-3B-2.1 - Directors to continue in office following realignment of district--Election--Terms of office.

46A-3B-2.1. Directors to continue in office following realignment of district--Election--Terms of office.
For any water development district having director areas that will be realigned as a result of the provisions of §46A-3B-2, any director of the district who is in office on January 1, 2009 shall continue to serve as a director if the director remains a resident of the district. At the first general election after January 1, 2009, for any such water development district, directors shall be elected for all director positions in the district, regardless of whether or not any director's term has expired. The directors elected for the district at the general election shall be elected to serve for staggered terms. Thereafter, directors shall be elected to four-year terms at each subsequent general election to succeed those directors whose terms expire at the end of the year in which the election is held.
Source:
SL 2008, ch 233, §3, eff. Jan. 1, 2009.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 03B - Water Development Districts--Board Of Directors › Section 46A-3B-3 - Adjusting number of directors--Redistricting.

46A-3B-3. Adjusting number of directors--Redistricting.
As soon as possible following each decennial census of population or any adjustment to a water development district boundary, the Board of Water and Natural Resources shall ascertain whether the number of board members should be adjusted, adjust the same, and redistrict water development district director areas to reflect changes in the population of the water development district so as to assure equitable representation of all areas within the water development district. The board may make adjustments to water development district director areas to reflect precinct changes made pursuant to chapter 12-14 if equitable representation of all areas remains assured.
Source:
SL 1984 (SS), ch 1, §17; SL 2008, ch 233, §4, eff. Jan. 1, 2009; SL 2012, ch 217, §7.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 03B - Water Development Districts--Board Of Directors › Section 46A-3B-4 - Nomination of director candidates.

46A-3B-4. Nomination of director candidates.
A director candidate may be nominated by a petition signed by at least twenty-five registered voters in the director area to be represented by the candidate. Nominating petitions shall be made available at the water development district office, the secretary of state's office, and the respective county auditors' offices on forms prescribed by the state election board and filed with the secretary of state not prior to eight a.m., January first, and not later than five p.m., the last Tuesday of March prior to the date of the primary election. If a petition is mailed to the secretary of state's office by registered mail by five p.m., the last Tuesday of March prior to the primary election, it is considered filed. For the initial election, director nominating petitions shall be made available by the Department of Agriculture and Natural Resources and shall be filed with the department not later than five p.m., the first Tuesday of August before the general election or in the case of a special election under §46A-3B-1, not later than thirty days before the date set for the special election.
Source: SL 1984 (SS), ch 1, §18; SL 1987, ch 29, §32; SL 1989, ch 386, §2; SL 1991, ch 17 (Ex. Ord. 91-4), §17; SL 2008, ch 234, §1, eff. Feb. 7, 2008; SL 2015, ch 77, §2 rejected Nov. 8, 2016; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 03B - Water Development Districts--Board Of Directors › Section 46A-3B-5 - Certification of nominating petitions--Ballots--Primary election.

46A-3B-5. Certification of nominating petitions--Ballots--Primary election.
If three or more nominating petitions are filed for a director office, the secretary of state shall certify the nomination of director candidates to the respective county auditors and the water development district office. The water development district office shall furnish nonpolitical sample and official ballots in adequate numbers and time to permit distribution of such ballots by the respective county auditors with other primary election ballots. Following a primary election, the names of the two candidates receiving the most votes cast in the primary election (or if only two nominating petitions are filed, the names of the two candidates) shall be certified and ballots furnished in the same manner as for the primary, but in time to permit distribution of the ballots by the respective county auditors with other general election ballots. If only one nominating petition is filed for a director office, no election may be held and a certificate of election shall be issued to the nominee in the same manner as to a successful candidate after election. In the case of an initial election, no primary election may be held and the Board of Water and Natural Resources shall certify the names of the candidates and furnish ballots in time to permit distribution of the ballots by the county auditors prior to the general or special election.
Source:
SL 1984 (SS), ch 1, §19; SL 1989, ch 386, §3; SL 1991, ch 17 (Ex. Ord. 91-4), §17.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 03B - Water Development Districts--Board Of Directors › Section 46A-3B-6 - Run-off elections for initial directors.

46A-3B-6. Run-off elections for initial directors.
Not later than thirty days after a general or special election for the initial directors of a water development district, the Board of Water and Natural Resources shall hold a run-off election in each director area in which no director candidate received a majority of the votes cast for that area's director office. The run-off election in each affected director area shall be between the two director candidates receiving the most votes during the general or special election. The water development district shall pay the costs of the run-off election.
Source:
SL 1984 (SS), ch 1, §20.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 03B - Water Development Districts--Board Of Directors › Section 46A-3B-7 - Notices of elections.

46A-3B-7. Notices of elections.
A water development district, or the Board of Water and Natural Resources in the case of an initial election, shall publish once each week for two consecutive weeks in the official newspapers of the water development district a notice setting forth vacancies that will occur by completion of terms of the water development district board members. The last publication may not be less than ten nor more than twenty days before the final deadline for filing of director petitions. The notice shall also state the time and place where director nominating petitions may be filed for such vacancies.
Source:
SL 1984 (SS), ch 1, §21.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 03B - Water Development Districts--Board Of Directors › Section 46A-3B-8 - Certification of election.

46A-3B-8. Certification of election.
The respective county auditors shall transmit the results of the election for water development district directors to the secretary of state. If only one nominating petition for a water development district director office has been filed, a certificate of election shall be issued to the nominee by the secretary of state. In the case of an initial election, the Board of Water and Natural Resources shall certify the names of all nominees to the secretary of state. The secretary of state shall issue a certificate of election to each successful candidate.
Source:
SL 1984 (SS), ch 1, §22; SL 1989, ch 386, §4; SL 1991, ch 17 (Ex. Ord. 91-4), §17.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 03B - Water Development Districts--Board Of Directors › Section 46A-3B-9 - Commencement of directors' terms--Vacancies.

46A-3B-9. Commencement of directors' terms--Vacancies.
Each director shall take office on the first day of January of the year following election, or not later than sixty days after election in the case of a special election. A vacancy that may occur on the water development district board of directors by reason of death, failure to be a resident and voter, resignation, or other cause pursuant to §3-4-1, or upon expiration of term of office if no qualifying petitions have been filed or if no successor has qualified for the office, unless otherwise provided in chapters 46A-3A to 46A-3E, inclusive, shall be declared to exist and shall be filled by elective action of the remaining directors from candidates proposed by nominating petitions signed by at least twenty-five eligible voters in the director area for which a vacancy exists. The person appointed to fill the vacancy shall serve for the remainder of the unexpired term.
Source:
SL 1984 (SS), ch 1, §23; SL 1989, ch 386, §5; SL 1991, ch 372; SL 2016, ch 217, §3; SL 2017, ch 191, §1; SL 2020, ch 196, § 2.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 03B - Water Development Districts--Board Of Directors › Section 46A-3B-10 - Directors to provide for compensation and reimbursement of board members.

46A-3B-10. Directors to provide for compensation and reimbursement of board members.
Each water development 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 development district board. Such reimbursement and compensation shall be paid on vouchers duly verified and approved according to procedures determined by the board.
Source:
SL 1984 (SS), ch 1, §30; SL 2000, ch 216, §1.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 03B - Water Development Districts--Board Of Directors › Section 46A-3B-11 - Officers of board of directors.

46A-3B-11. Officers of board of directors.
At the first meeting in January of each year, designated as the annual meeting of the water development district, the directors shall elect a chair, a vice chair, and a secretary from among their membership. The officers shall hold office until the next annual meeting of the water development district or until their successors have been elected. In addition, the directors shall appoint a treasurer who may or may not be a director and who shall serve at the pleasure of the board of directors or until a successor is appointed. The treasurer shall be bonded in such amounts and with such sureties as the directors may specify, conditioned on faithful performance of the treasurer's duties. The chair, vice chair, secretary, and treasurer constitute the officers of the board of directors. The treasurer, if not a director, has no voting privileges.
Source:
SL 1984 (SS), ch 1, §31; SL 2011, ch 165, §327.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 03B - Water Development Districts--Board Of Directors › Section 46A-3B-12 - Quorum of board of directors.

46A-3B-12. Quorum of board of directors.
A majority of the members of the water development district board of directors constitutes a quorum for transaction of water development district business.
Source:
SL 1984 (SS), ch 1, §34.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 03B - Water Development Districts--Board Of Directors › Section 46A-3B-13 - Directors of Central Plains, East Dakota, James River, and South Central districts.

46A-3B-13. Directors of Central Plains, East Dakota, James River, and South Central districts.
For any water development district with boundaries affected by §§46A-3A-2 to 46A-3A-5, inclusive, any director of the district who is in office on January 1, 2009 shall continue to serve as a director if the director remains a resident of the district. At the first general election after January 1, 2009, for any water development district with boundaries affected by §§46A-3A-2 to 46A-3A-5, inclusive, directors shall be elected for all director positions in the district, regardless of whether or not any director's term has expired. The directors elected for the district at the general election shall be elected to serve for staggered terms. Thereafter, directors shall be elected to four-year terms at each subsequent general election to succeed those directors whose terms expire at the end of the year in which the election is held.
Source:
SL 2008, ch 232, §5, eff. Jan. 1, 2009.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 03C - Water Development Districts--Dissolution › Section 46A-3C-1 - Election of dissolution of district--Vote required--Petition.

46A-3C-1. Election of dissolution of district--Vote required--Petition.
A water development district may be dissolved by affirmative vote of at least fifty percent of the votes cast on the question at a general election. The question shall be referred to district voters by the Board of Water and Natural Resources after receipt of a petition in writing signed by a number of qualified voters of the water development district equal to at least fifteen percent of the votes cast within the water development district in the most recent gubernatorial election. The petition shall be filed with the board by the first Tuesday in July of the year in which the general election is to occur.
Source:
SL 1984 (SS), ch 1, §24; SL 1990, ch 362, §3; SL 1991, ch 17 (Ex. Ord. 91-4), §17.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 03C - Water Development Districts--Dissolution › Section 46A-3C-2 - Form of petition for dissolution.

46A-3C-2. Form of petition for dissolution.
The petition of dissolution pursuant to §46A-3C-1 shall request that the water development district be dissolved and shall include the legal name of the water development district. Each person signing the petition shall add to the person's signature, in the person's own handwriting, the person's place of residence and the date of signing. The petition may contain more than one page, and each page shall have identical headings. Any number of identical petition forms may be circulated and each be a part of the petition. Every page of the petition containing signatures shall have upon it and below the signatures an affidavit by the circulator in substantially the following form:
STATE OF SOUTH)
DAKOTA) SS
COUNTY OF __________)
I, the undersigned _______________, being first duly sworn, depose and say, that I am the circulator of the foregoing petition containing __________ signatures; that each person whose name appears on the petition sheet personally signed the petition in my presence; that I believe that each of the signers is a resident at the address written opposite the signer's name; and that I stated to every petitioner before the signer affixed his or her signature the legal effect and nature of the petition.
__________________________________
Circulator
Subscribed and sworn to before me this ________________ day of _________________, 20____.
__________________________________
Notary Public
Source:
SL 1984 (SS), ch 1, §25; SL 2011, ch 165, §328.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 03C - Water Development Districts--Dissolution › Section 46A-3C-3 - Approval of petition--Referral to election.

46A-3C-3. Approval of petition--Referral to election.
Upon presentation of a petition proposing that a water development district be dissolved to the Board of Water and Natural Resources, the board, after first determining that the petition is in compliance with all legal requirements, shall by resolution approve the petition and, at the next general election, shall refer the question to the voters of the water development district.
Source:
SL 1984 (SS), ch 1, §26.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 03C - Water Development Districts--Dissolution › Section 46A-3C-4 - Vote required for dissolution--Period in which another election prohibited--Costs.

46A-3C-4. Vote required for dissolution--Period in which another election prohibited--Costs.
If at least fifty percent of the votes cast are in favor of the dissolution proposition, the Board of Water and Natural Resources by resolution shall dissolve the water development district and shall file a true copy of the resolution with the secretary of state. If the vote is against dissolving the water development district, another vote may not be held on the question of dissolution for four years. A new election may not be held unless a new petition has been submitted to the Board of Water and Natural Resources. The costs associated with an election to dissolve a water development district are the responsibility of the affected water development district.
Source:
SL 1984 (SS), ch 1, §27; SL 1990, ch 362, §4; SL 1991, ch 17 (Ex. Ord. 91-4), §17.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 03C - Water Development Districts--Dissolution › Section 46A-3C-5 - Exercising powers of dissolved district to satisfy obligations.

46A-3C-5. Exercising powers of dissolved district to satisfy obligations.
If a water development district has been dissolved, the Board of Water and Natural Resources shall exercise necessary power and authority of the water development district board of directors until all financial responsibilities, obligations, and other contractual commitments of the dissolved water development district are satisfied.
Source:
SL 1984 (SS), ch 1, §28.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 03C - Water Development Districts--Dissolution › Section 46A-3C-6 - Elections--Conduct.

46A-3C-6. Elections--Conduct.
Any election held to carry out the purposes of chapters 46A-3A to 46A-3E, inclusive, shall be conducted, canvassed, recounted, and contested as are other elections under the general laws of this state, except as otherwise herein provided. If the details concerning the conduct, canvassing, recounting, or contest of the election are not set forth within chapters 46A-3A to 46A-3E, inclusive, and general election laws are not applicable, the Board of Water and Natural Resources shall promulgate rules pursuant to chapter 1-26 to carry out the intent of chapters 46A-3A to 46A-3E, inclusive, with respect to elections and make possible the submission to election of any matter which by the provisions of chapters 46A-3A to 46A-3E, inclusive, is subject to a vote.
Source:
SL 1984 (SS), ch 1, §29; SL 1987, ch 328, §3; SL 1993, ch 256, §68.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 03D - Water Development Districts--Powers And Duties › Section 46A-3D-1 - Office of district--Employees.

46A-3D-1. Office of district--Employees.
A water development district board of directors may equip, maintain, and operate an office within the water development district as its principal place of business and establish other offices as necessary. The board of directors may appoint and fix compensation of any employees deemed necessary by the board of directors to conduct the business and affairs of the water development district and to carry out the intent of chapters 46A-3A to 46A-3E, inclusive. No employee of the water development district may hold office as a water development district director while so employed.
Source:
SL 1984 (SS), ch 1, §32.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 03D - Water Development Districts--Powers And Duties › Section 46A-3D-2 - Group insurance for employees.

46A-3D-2. Group insurance for employees.
A water development district board of directors may enter into group hospital and medical insurance contracts for protection and benefit of their employees and the immediate families of such employees. The board may pay all or part of the necessary premiums for its employees.
Source:
SL 1984 (SS), ch 1, §33; SL 1987, ch 332, §1.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 03D - Water Development Districts--Powers And Duties › Section 46A-3D-3 - Records required of districts--Public inspection.

46A-3D-3. Records required of districts--Public inspection.
A water development district board of directors shall keep accurate minutes of its meetings and accurate records and books of account clearly setting forth and reflecting the operations, management, and business of the district. The minutes, records, and books shall be kept at the principal place of business of the water development district and shall be open to public inspection during reasonable business hours. The minutes shall be distributed to the official newspapers of the water development district.
Source:
SL 1984 (SS), ch 1, §35; SL 2020, ch 196, § 3.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 03D - Water Development Districts--Powers And Duties › Section 46A-3D-4 - Audit--Annual report--Auditor-general authority.

46A-3D-4. Audit--Annual report--Auditor-general authority.
The fiscal year of the water development district coincides with the calendar year.
At the conclusion of each fiscal year in which the district's revenues exceeded three hundred fifty thousand dollars, the board shall obtain, from the Department of Legislative Audit or an auditor approved by the department, an audit of the books, records, and financial affairs of the district. The district shall retain a written report of the audit in its principal place of business and shall file a copy in the Office of the Secretary of State. The district shall publish a notice regarding availability of the audit report in the official newspapers designated in accordance with §46A-3D-11.
A district having three hundred fifty thousand dollars or less in annual revenue may submit an annual report in lieu of an audit. The district shall submit the report to the auditor-general, on forms prescribed by the department.
The auditor-general may audit the books and records of any office or officer of a district, if requested by the board or if the auditor-general finds that cause exists.
Source: SL 1984 (SS), ch 1, §36; SL 2012, ch 218, §1; SL 2023, ch 151, §1.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 03D - Water Development Districts--Powers And Duties › Section 46A-3D-5 - Actions by and against boards of directors.

46A-3D-5. Actions by and against boards of directors.
The water development district board of directors may sue and be sued in the name of the water development district.
Source:
SL 1984 (SS), ch 1, §37.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 03D - Water Development Districts--Powers And Duties › Section 46A-3D-6 - Contracting power of boards.

46A-3D-6. Contracting power of boards.
The water development district board of directors may cooperate or contract with any individual, state, or subdivision thereof or federal agency or private or public corporation to carry out the intent and purposes of chapters 46A-3A to 46A-3E, inclusive.
Source:
SL 1984 (SS), ch 1, §38.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 03D - Water Development Districts--Powers And Duties › Section 46A-3D-7 - Insurance authorized.

46A-3D-7. Insurance authorized.
A water development district board of directors may carry public liability insurance protecting the directors and employees against liability suits brought against them for acts or omissions while performing their duties as directors or employees. The board may carry other insurance as deemed necessary by the board to protect the water development district and its property.
Source:
SL 1984 (SS), ch 1, §39.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 03D - Water Development Districts--Powers And Duties › Section 46A-3D-8 - Property acquisition and disposition.

46A-3D-8. Property acquisition and disposition.
A water development district board of directors may acquire by purchase or lease all real and other property as may be necessary to carry out the purposes and intent of chapters 46A-3A to 46A-3E, inclusive. The board may hold and use the property, lease or otherwise dispose of any part or parcel thereof, or sell the property if it is no longer needed. The water development district board shall follow the procedures in chapters 6-13 and 7-30 for the sale, exchange, leasing, and disposal of property.
Source:
SL 1984 (SS), ch 1, §40; SL 1989, ch 30, §75.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 03D - Water Development Districts--Powers And Duties › Section 46A-3D-9 - Eminent domain.

46A-3D-9. Eminent domain.
A water development district board of directors may exercise the power of eminent domain for acquiring and securing any right, title, interest, estate, or easement necessary to carry out the purposes and intent of chapters 46A-3A to 46A-3E, inclusive, if the district is unable to acquire it by negotiation.
Source:
SL 1984 (SS), ch 1, §41.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 03D - Water Development Districts--Powers And Duties › Section 46A-3D-10 - Acceptance of funds, property, and services.

46A-3D-10. Acceptance of funds, property, and services.
A water development district board of directors may accept funds, property, and services or other assistance, financial or otherwise, from federal, state, and other public or private sources to carry out the purposes and intent of chapters 46A-3A to 46A-3E, inclusive.
Source:
SL 1984 (SS), ch 1, §42.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 03D - Water Development Districts--Powers And Duties › Section 46A-3D-11 - Designation of legal newspapers.

46A-3D-11. Designation of legal newspapers.
Each year each water development district board shall designate legal newspapers of general circulation published within the water development district as official newspapers of the water development district.
Source:
SL 1984 (SS), ch 1, §43.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 03D - Water Development Districts--Powers And Duties › Section 46A-3D-12 - Accumulation of capital reserve fund.

46A-3D-12. Accumulation of capital reserve fund.
To carry out the purposes and intent of chapters 46A-3A to 46A-3E, inclusive, a water development district may accumulate funds in a capital reserve fund established by resolution by the directors. The accumulated funds may not revert at the end of a fiscal year and the water development district directors may make expenditures from the capital reserve fund as they deem necessary, consistent with the purposes and intent of chapters 46A-3A to 46A-3E, inclusive.
Source:
SL 1984 (SS), ch 1, §44.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 03D - Water Development Districts--Powers And Duties › Section 46A-3D-13 - Federal wildlife mitigation requirements.

46A-3D-13. Federal wildlife mitigation requirements.
It is the intent of chapters 46A-3A to 46A-3E, inclusive, that any land used to satisfy federal wildlife mitigation requirements for a project shall be within the water development district benefiting from that project.
Source:
SL 1984 (SS), ch 1, §66.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 03E - Water Development Districts--Tax Levies And Special Assessments › Section 46A-3E-1 - Tax levies.

46A-3E-1. Tax levies.
A water development district board of directors may levy taxes, not to exceed thirty cents per thousand dollars of taxable valuation in the district, for accomplishment of the purposes of chapters 46A-3A to 46A-3E, inclusive, and chapters 46A-1 and 46A-2. If an area is included in more than one water development district, that area's tax levy payable to each of the water development districts shall be determined by multiplying the greater of the overlapping water development districts' levies by each water development district's taxing fraction. Each water development district's taxing fraction is determined by dividing that water development district's proposed tax levy for the overlapped area by the sum of all water development districts' levies for the overlapped area. Any water development district for which boundaries are revised under §§46A-3A-2 to 46A-3A-7.1, inclusive, is not considered a new taxing district. If any water development district levied a tax pursuant to chapter 10-13 in a manner used by a new taxing district for taxes payable in 2010, such water development district shall revert to the amount of revenue payable to the district for taxes payable in 2009 including any excess levy approved pursuant to §10-13-36 before July 1, 2002. The water development district may adjust the maximum amount of revenue payable for property taxes based on the growth and index factor for each year thereafter. Any excess levy approved by the water development district pursuant to §10-13-36 before July 1, 2002, is null and void.
Source:
SL 1984 (SS), ch 1, §45; SL 1989, ch 87, §15J; SL 1998, ch 269, §3; SL 2008, ch 232, §6, eff. Jan. 1, 2009; SL 2010, ch 216, §1.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 03E - Water Development Districts--Tax Levies And Special Assessments › Section 46A-3E-2 - Special assessments.

46A-3E-2. Special assessments.
A water development district board of directors may make special assessments against real property specially benefited by a project, provided that the persons seeking the assessment or an entity authorized to act on their behalf have contractually agreed to the special assessments as a means of providing local funding. There shall be filed with the water development district board of directors a petition in a form approved by the Board of Water and Natural Resources signed by sixty-six and two-thirds percent of the owners of real property to be assessed.
Source:
SL 1984 (SS), ch 1, §46.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 03E - Water Development Districts--Tax Levies And Special Assessments › Section 46A-3E-3 - Contractual agreement of landowner for special assessment.

46A-3E-3. Contractual agreement of landowner for special assessment.
Only those landowners who contractually agree for special assessments to finance a water delivery project may be specially assessed. The provisions of §46A-3E-4 notwithstanding, any person who wishes to join a water delivery project after a petition has been filed with the water development district board of directors pursuant to §46A-3E-4 may contractually agree to join the project. However, a person contractually joining a water delivery project late may be required to make special payments in addition to special assessments in order to bear the person's fair share of project costs.
Source:
SL 1984 (SS), ch 1, §47A; SL 2011, ch 165, §329.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 03E - Water Development Districts--Tax Levies And Special Assessments › Section 46A-3E-4 - Hearing on special assessment--Notice--Resolution of intent.

46A-3E-4. Hearing on special assessment--Notice--Resolution of intent.
Upon receipt of a petition requesting a special assessment, a water development district board of directors shall hold a hearing on the question. Notice of the time and place of the hearing shall be published at least once each week for two consecutive weeks before the hearing in the official newspapers of the water development district. The last publication shall be at least ten days prior to the hearing. If, after hearing, the board of directors determines that the project is consistent with the best interests of the water development district, it may adopt a resolution of intent to specially assess.
Source:
SL 1984 (SS), ch 1, §48.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 03E - Water Development Districts--Tax Levies And Special Assessments › Section 46A-3E-5 - Notice of resolution of intent to specially assess.

46A-3E-5. Notice of resolution of intent to specially assess.
Within twenty days after adoption of a resolution of intent to specially assess, a water development district board of directors shall give written notice to owners of real property described in the resolution. Owners entitled to notice are those listed as the owners of the real property to be assessed in the records in the office of the register of deeds of the county where the real property is located. If real property is sold under a contract for deed which is of record in the office of the register of deeds, both the landowner and the purchaser of the land, as named in the contract for deed, shall be treated as owners.
Notice shall be by registered or certified mail, shall be effective upon the date mailed, and shall contain the following:
(1)A description of the contract under which the assessment is to be made;
(2)A legal description of the real property of the affected owner to be specially assessed;
(3)A description of the nature of the benefit to be returned to the property; and
(4)Notice of the right to protest by petition.
Source:
SL 1984 (SS), ch 1, §49; SL 1986, ch 375, §1; SL 1987, ch 29, §33; SL 1987, ch 333, §1.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 03E - Water Development Districts--Tax Levies And Special Assessments › Section 46A-3E-6 - Effective date of assessment in absence of protest--Form of protest.

46A-3E-6. Effective date of assessment in absence of protest--Form of protest.
Special assessments by water development districts are effective thirty days after adoption of the resolution of intent to specially assess, unless a written protest is filed with the office of the water development district within thirty days of adoption of the resolution, excluding the date of adoption. The written protest shall be in the form of a petition signed by not less than sixty percent of the owners of real property described in the resolution of intent to specially assess.
Source:
SL 1984 (SS), ch 1, §50; SL 1986, ch 375, §2; SL 1987, ch 333, §2.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 03E - Water Development Districts--Tax Levies And Special Assessments › Section 46A-3E-7 - Contract required for district participation in project--Approval.

46A-3E-7. Contract required for district participation in project--Approval.
A water development district may assist, sponsor, or construct a water resources project. Each project shall conform to the provisions of §46A-2-3, which provides that specific areas shall finance those phases of water resources development that provide general benefits to people in such areas, that direct beneficiaries shall finance those phases of water resources development that provide water for their use or that protect or enhance the value of their property, and that administrative jurisdiction and responsibility for the various phases of water resources development are related to such variable degrees of benefits.
Source:
SL 1984 (SS), ch 1, §51; SL 1998, ch 269, §4; SL 2003, ch 231, §1.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 03E - Water Development Districts--Tax Levies And Special Assessments › Section 46A-3E-8 - Levies and assessments to cover obligations--Restrictions on obligations.

46A-3E-8. Levies and assessments to cover obligations--Restrictions on obligations.
A water development district board of directors may levy taxes and special assessments, as provided and limited in chapters 46A-3A to 46A-3E, inclusive, to cover obligations contained in contracts with the United States, or any agency thereof, with agencies of the State of South Dakota, or with any other entity, public or private, to accomplish the purposes of chapters 46A-3A to 46A-3E, inclusive. Except for special assessments, however, a water development district may not obligate any funds or revenues that are not to be collected or on hand during the fiscal year in which the obligation is incurred.
Source:
SL 1984 (SS), ch 1, §52.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 03E - Water Development Districts--Tax Levies And Special Assessments › Section 46A-3E-9 - Collection of levies and assessments--Deposit of proceeds--Disbursement--Assurance of payment of contract obligations.

46A-3E-9. Collection of levies and assessments--Deposit of proceeds--Disbursement--Assurance of payment of contract obligations.
Pursuant to the provisions of chapters 46A-3A to 46A-3E, inclusive, a water development district board of directors may levy a tax or special assessments or both against taxable property within the boundaries of the water development district, to be collected by the appropriate tax listing entities in accordance with the procedures outlined in chapters 46A-3A to 46A-3E, inclusive. Collections from the tax shall be deposited monthly with the water development district treasurer by the appropriate tax collecting officials. The water development district treasurer shall deposit the funds received from the appropriate tax collecting officials in depositories designated by the water development district board of directors. Disbursements from the designated depository account shall be made upon orders duly drawn by the water development district treasurer pursuant to procedures adopted by the board of directors and are to be used in performing the duties prescribed for the water development district board of directors by the provisions of chapters 46A-3A to 46A-3E, inclusive. However, any agreement or contract entered into by the water development district board of directors on behalf of any irrigation district, drainage district, watershed district, municipality, county, township, or other entity of state government shall be secured by the taxing or assessment power of such public entity and such agreement or contract, entered into by the district board of directors with or on behalf of a soil conservation district, water user district, or other nontaxing public entity shall provide for other assurance of payment satisfactory to the water development district board of directors.
Source:
SL 1984 (SS), ch 1, §53; SL 1993, ch 256, §69.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 03E - Water Development Districts--Tax Levies And Special Assessments › Section 46A-3E-10 - Budgets--Annual report--Hearing--Notice--Adoption.

46A-3E-10. Budgets--Annual report--Hearing--Notice--Adoption.
The board of directors of a water development district shall at the time of the organization of the board and annually thereafter on a date established by the district, but before the first of October, adopt a budget and prepare an operations and budget report. The report shall present estimates and itemizations of all the expenses and obligations of the water development district, including expenses of directors, expenses of operating the office, debt service and retirement, and obligations and liabilities to the United States. Before approval of the budget by the district board of directors, a public hearing shall be held. Notice of the hearing shall be published once each week for two successive weeks in the water development district's official newspapers. The notice shall state the time and place of the hearing, its purpose, and that at the hearing all persons interested may appear, either in person or by representative, and be heard and given an opportunity for a full and complete discussion of all items in the budget. With the first notice, the budget shall be published in a form approved by the auditor general. At the conclusion of the hearing, the water development district board may eliminate or amend any portion of the budget before adoption.
Source:
SL 1984 (SS), ch 1, §54; SL 1986, ch 372, §2; SL 1997, ch 255, §7; SL 2011, ch 165, §330; SL 2012, ch 217, §4.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 03E - Water Development Districts--Tax Levies And Special Assessments › Section 46A-3E-11 - Apportionment of tax levy--Form of levy.

46A-3E-11. Apportionment of tax levy--Form of levy.
Upon completion and adoption of a budget, a water development district board of directors shall make a tax levy or special assessment or both in dollars sufficient to fund the budget. Any tax levy made against the property in any given county in a water development district shall be in an amount equal to the total water development district tax levy in dollars multiplied by the county's proportional share. The county's proportional share shall be determined by dividing the equalized assessed valuation of the area within the water development district for that county by the total water development district equalized assessed valuation. The provisions of §10-12-34.1 may not prohibit apportionment of the tax among the counties as provided in this section. No water development district tax levy may be in excess of the limitation specified in chapters 46A-3A to 46A-3E, inclusive, except as provided in §46A-3E-1. Any tax levy shall be in the form of a resolution adopted by a majority vote of the members of the board of directors of the water development district.
Source:
SL 1984 (SS), ch 1, §55; SL 1986, ch 372, §3; SL 1989, ch 386, §6; SL 1991, ch 17 (Ex. Ord. 91-4), §17; SL 2012, ch 217, §5.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 03E - Water Development Districts--Tax Levies And Special Assessments › Section 46A-3E-12 - Certification of levy to tax officials.

46A-3E-12. Certification of levy to tax officials.
Immediately after completion of a budget and adoption of special assessments and a tax levy by a water development district board of directors, but not later than the first of October, the secretary of the water development district shall send one certified copy of the levy as adopted and one certified copy of such budget to appropriate tax collecting officials of the affected counties and to the state secretary of revenue.
Source:
SL 1984 (SS), ch 1, §56; SL 1992, ch 318.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 03E - Water Development Districts--Tax Levies And Special Assessments › Section 46A-3E-13 - Extension of levy.

46A-3E-13. Extension of levy.
Appropriate officials shall extend the levy or special assessments upon the tax list of the county, municipality, or other appropriate tax paying entity for the tax year against each description of taxable property or, in the case of special assessments, against each description of taxable property to be specially assessed within the water development district in the same manner and with the same effect as other taxes and assessments are extended, including the authority, requirements, and procedures contained in chapter 9-43.
Source:
SL 1984 (SS), ch 1, §57; SL 1987, ch 333, §3.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 03E - Water Development Districts--Tax Levies And Special Assessments › Section 46A-3E-14 - Collection of taxes and assessments--Payment--Deposit.

46A-3E-14. Collection of taxes and assessments--Payment--Deposit.
The appropriate tax collecting officials shall collect all water development district taxes and assessments, together with interest and penalty thereon, if any, in the same manner as the general taxes and assessments are collected and shall pay over monthly to the water development district treasurer all taxes so collected during the preceding month, with interest and penalties. The water development district treasurer shall immediately enter these receipts to the credit of the depository accounts designated by the water development district board of directors pursuant to §46A-3E-9.
Source: SL 1984 (SS), ch 1, §58; SL 2012, ch 217, §6; SL 2023, ch 150, §2.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 03E - Water Development Districts--Tax Levies And Special Assessments › Section 46A-3E-15 - Deposit and disbursement of collections.

46A-3E-15. Deposit and disbursement of collections.
All moneys collected pursuant to the tax levies, special assessments and other funds authorized by this chapter accruing to the district shall be deposited either in the accounts of the state treasurer to the credit of the "(name) district fund" to be disbursed only as herein provided, or by the district treasurer in any depository designated and approved by the board of directors of the district at a regular meeting and from which all valid claims against the district shall be paid by order duly drawn by the district treasurer pursuant to procedures adopted by the board of directors.
Source:
SL 1985, ch 356, §1; SL 1993, ch 256, §70.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-1 - Creation of irrigation district--Filing petition--Number of electors required.

46A-4-1. Creation of irrigation district--Filing petition--Number of electors required.
Twenty-five percent of the electors as defined in §46A-4-2 owning or holding lands in any proposed district for irrigation may propose organization of an irrigation district by filing a petition with the Board of Water and Natural Resources in compliance with the requirements of this chapter. The minimum number of electors required to propose an irrigation district shall be three. However, if the number of electors in a proposed irrigation district is less than seven, all electors within the proposed district must join in the petition.
Source:
SDC 1939, §61.0801; SL 1947, ch 417, §1; SL 1963, ch 455, §1; SDCL, §46-12-1; SL 1976, ch 275, §1; SL 1984, ch 294, §1; SL 1986, ch 376, §1.