reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 14 - Watershed Districts › Section 46A-14-41 - Appointment of personnel--Performance bond.

46A-14-41. Appointment of personnel--Performance bond.
The managers may appoint or employ an engineer, professional assistants, and such other employees as may be necessary, and provide for their qualification, duties, and compensation, which, with all other expenses may be included as a part of the cost of a project or improvement. The managers may require any officer or employee of the district to give a bond for the faithful performance of his or her duties, in an amount prescribed by the managers. The cost of the bond shall be paid from funds of the district.
Source:
SL 1957, ch 492, §19; SDC Supp 1960, §61.1519; SDCL §46-24-41; SL 2013, ch 228, §31.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 14 - Watershed Districts › Section 46A-14-42 - Compensation of board members--Limitation.

46A-14-42. Compensation of board members--Limitation.
Any member of a watershed district board may receive travel and subsistence expense in accordance with the rules promulgated by the State Board of Finance. In addition, per diem, not to exceed sixty dollars per day, may be paid each member for each day of actual service for attending meetings, hearings, or investigations of the watershed district board. Travel, subsistence, and per diem shall be paid on vouchers duly verified and approved according to the rules promulgated by the Board of Finance.
Source:
SL 1957, ch 492, §15; SL 1959, ch 452, §12; SDC Supp 1960, §61.1515; SDCL, §46-24-42; SL 1989, ch 389, §7.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 14 - Watershed Districts › Section 46A-14-43 - Duties of board of managers--Adoption of seal--Record of business transacted--Bylaws and regulations, adoption--Meetings, notice.

46A-14-43. Duties of board of managers--Adoption of seal--Record of business transacted--Bylaws and regulations, adoption--Meetings, notice.
The board of managers shall:
(1)Adopt a seal;
(2)Keep a record of all proceedings, minutes, certificates, contracts, bonds, or employees and other business transacted by the managers;
(3)Adopt bylaws and regulations consistent with the chapter;
(4)Meet annually and such other times as may be necessary. A meeting may be called at any time by the chairman or at the request of any manager through the chairman. When so requested the secretary of the district shall mail a notice of such meeting to each member at least ten days prior thereto.
Source:
SL 1957, ch 492, §15; SL 1959, ch 452, §12; SDC Supp 1960, §61.1515; SDCL, §46-24-43; SL 1993, ch 256, §86.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 14 - Watershed Districts › Section 46A-14-43.1 - District bylaws may be proposed by petition--Approval by board and special election.

46A-14-43.1. District bylaws may be proposed by petition--Approval by board and special election.
In addition to the procedures provided in §46A-14-43 for adopting watershed district bylaws, bylaws may be proposed by petition of twenty-five percent of the eligible voters of the district. The proposed bylaws shall be adopted if approved by the board of managers of the watershed district and if at least sixty percent of the votes cast in a special election on the issue are in favor of adopting the proposed bylaws.
Source:
SL 1989, ch 389, §8; SL 2013, ch 228, §32.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 14 - Watershed Districts › Section 46A-14-45 - Vested water rights--Exclusion from operation of chapter.

46A-14-45. Vested water rights--Exclusion from operation of chapter.
Vested water rights, as defined by §§46-1-9 and 46-1-10, are excluded from the operation of this chapter. No watershed district and no members of the watershed district have any jurisdictional authority or control over waters subject to such vested rights.
Source:
SL 1957, ch 492, §1; SDC Supp 1960, §61.1501 (5); SDCL §46-24-45; SL 2011, ch 165, §525.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 14 - Watershed Districts › Section 46A-14-46 - Vested drainage rights--Exclusion from operation of chapter.

46A-14-46. Vested drainage rights--Exclusion from operation of chapter.
Vested drainage rights as defined by chapters 46A-10A to 46A-13, inclusive, shall be excluded from the operation of this chapter, until such a time as the operation of any drainage district can be absorbed by the watershed district, to the satisfaction of the then controlling board of county commissioners, or board of commissioners appointed by the county commissioners, or the board of trustees elected by the people of the district.
Source:
SL 1957, ch 492, §1; SDC Supp 1960, §61.1501 (6); SDCL, §46-24-46.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 14 - Watershed Districts › Section 46A-14-47 - General improvement plan--Consultation with advisory committee and supervisors of conservation districts--Contents--Steering committee preparation of preliminary plan.

46A-14-47. General improvement plan--Consultation with advisory committee and supervisors of conservation districts--Contents--Steering committee preparation of preliminary plan.
The managers shall within a reasonable length of time after qualifying, adopt an overall plan for improvements within the district for reclamation, drainage, erosion, and flood control, and improvement of lands, soils, waters, forests, wildlife, and all other authorized purposes. The plan finally adopted shall be made in conjunction with the advisory committee established pursuant to §46A-14-40 and in consultation with the district supervisors of each conservation district in the watershed district, but the managers have final authority and full responsibility. This plan shall be designated the general improvement plan for the watershed district. The general improvement plan shall consist of a map showing the area to be benefited; the location of the proposed works of improvement; the location of buildings, roads, streams, and other topographic features as are pertinent to show the relation of the proposed works of improvement to the area of the district; and a narrative in which are stated the estimated benefits that will result and the proposed method of financing and accomplishing the work to be done. Upon receipt of a copy of the general improvement plan, the Board of Water and Natural Resources shall examine the plan and within thirty days transmit a report of their recommendations to the managers.
Before formation of a watershed district, requests for planning assistance, development of watershed work plans, and similar considerations may be undertaken by steering committees of local people with sponsoring assistance by conservation districts as permitted under state law and in accordance with federal laws. Such plans may be considered as the preliminary general improvement plan until the final general improvement plan is adopted as provided in this section.
Source:
SL 1957, ch 492, §21; SL 1959, ch 452, §16; SDC Supp 1960, §61.1521 (1); SDCL §46-24-47; SL 1995, ch 253, §6; SL 2013, ch 228, §34.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 14 - Watershed Districts › Section 46A-14-48 - Determination of priority of specific projects--Surveys of work--Estimates--Reports of engineer, filing, public inspection.

46A-14-48. Determination of priority of specific projects--Surveys of work--Estimates--Reports of engineer, filing, public inspection.
After the general improvement plan of the district has been adopted, as provided in §46A-14-47, the managers shall determine the order in which specific projects included in the general plan shall be undertaken and shall cause accurate surveys of all work deemed necessary to be done and accurate estimates and calculations to be made by the engineer, as provided in this chapter. The engineer shall make written reports showing the amount, character, and kind of work to be done and the location and estimated cost thereof. Any engineer's report shall include:
(1)A description of any area to be benefited by the project and each of the major works of improvement;
(2)The starting point, the route, and the terminus of any proposed drainage ditches or flood control canals;
(3)The course and length of any drain through each tract of land with the number of acres to be acquired from each tract for construction;
(4)A topographical map showing the location and size of any lake, pond, or depression in areas benefited by drainage or flood control canals, together with the approximate location of any natural subdivide;
(5)The project's probable cost;
(6)Data establishing the presence of a suitable outlet for project waters; and
(7)Any such other fact as may be material to determine the practicability of the various project features.
The reports shall be filed in the office of the managers and at all reasonable times shall be open to public inspection.
Source:
SL 1957, ch 492, §22; SL 1959, ch 452, §17; SDC Supp 1960, §61.1522; SDCL, §46-24-48; SL 1985, ch 364, §1; SL 1995, ch 253, §7.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 14 - Watershed Districts › Section 46A-14-51 - Examination of and hearings on plans--Resolution as to payment of costs by general tax levy, special assessment, or improvement bonds--List of benefited lands and owners.

46A-14-51. Examination of and hearings on plans--Resolution as to payment of costs by general tax levy, special assessment, or improvement bonds--List of benefited lands and owners.
The managers shall carefully examine the plans and hold hearings on the proposals in the plans. By resolution, the managers shall resolve whether the proposed work, or any part of the proposed work, should be accomplished and whether its cost shall be paid by a general tax levy against all taxable landowners' land and buildings located within the district, or by special assessment against the landowners' lands and buildings within the district to be specially benefited by the project, or by both general tax levy and special assessment and the portion to be paid by each. The managers shall prepare a description of each tract of benefited land and shall list the names of the owners of the benefited land as shown by the county tax records, which document shall be on file in the district office and available for public inspection during regular business hours. The managers shall also determine in the resolution whether to issue improvement bonds of the district, or other authorized arrangement, to provide for the payment of the cost of the project by installments instead of levying the entire tax or special assessment at one time.
Source:
SL 1957, ch 492, §23; SL 1959, ch 452, §18; SDC Supp 1960, §61.1523 (1); SDCL §46-24-51; SL 1985, ch 364, §§2, 4; SL 1995, ch 253, §8; SL 2013, ch 228, §37.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 14 - Watershed Districts › Section 46A-14-53 - Contract with conservation districts for funding.

46A-14-53. Contract with conservation districts for funding.
The managers may enter into a contract with the supervisors of a conservation district or districts for funds necessary for operation, maintenance, and other obligations set forth in the watershed financial plan approved pursuant to §46A-14-51, and funds for such purpose shall be made available to the conservation district by the county commissioners pursuant to §38-8-49.1.
Source:
SL 1971, ch 255; SDCL Supp, §46-24-52.1; SL 1985, ch 77, §39.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 14 - Watershed Districts › Section 46A-14-54 - Publication of resolution and notice of hearing--Apportionment of benefits.

46A-14-54. Publication of resolution and notice of hearing--Apportionment of benefits.
Upon adoption of the resolution as provided in §46A-14-51, the managers shall publish the resolution and a notice of hearing once each week for three consecutive weeks immediately preceding the hearing in a legal newspaper of general circulation in each county in which land of the district is located. The notice shall state the time and place for the hearing and state that the managers will meet for the purpose of hearing all parties interested in the apportionment of benefits by reason of the proposed improvements. The notice shall state that all such interested parties may provide testimony at the hearing in person, or by counsel, or may file written testimony. The managers shall conduct the hearing and shall make the apportionments fair and just according to benefits received from the improvements and give due credit for the work already done.
Source:
SL 1957, ch 492, §23; SL 1959, ch 452, §18; SDC Supp 1960, §61.1523 (4); SDCL §46-24-53; SL 2013, ch 228, §39.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 14 - Watershed Districts › Section 46A-14-55 - Hearing and referendum on financing arrangements.

46A-14-55. Hearing and referendum on financing arrangements.
For purposes of implementing the general plan of improvements, no construction or related commitments requiring district payments may be entered into, no taxes or assessments levied, no bonds issued, or other financing arrangement made relating to the general plan of improvements, unless the managers have initiated adequate hearings to clearly demonstrate the works proposed for construction and the benefits to accrue from the proposed works and have conducted a referendum in accordance with this chapter in which at least sixty percent of the eligible voters voting in the referendum vote in favor of the tax levy, bond issue, or other permissible financing arrangement. The hearing and referendum requirements specified in this section do not apply to taxes or other financing arrangements for operations, maintenance, or other district business as provided in §§46A-14-58 and 46A-14-69.
Source:
SL 1957, ch 492, §23; SL 1959, ch 452, §18; SDC Supp 1960, §61.1523 (3); SDCL §46-24-54; SL 2011, ch 165, §527; SL 2013, ch 228, §40.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 14 - Watershed Districts › Section 46A-14-56 - Referendum on financing arrangements--Eligibility to vote--Counting of votes.

46A-14-56. Referendum on financing arrangements--Eligibility to vote--Counting of votes.
In the referendum, as provided in §46A-14-55, the same eligibility to vote as prescribed by §46A-14-15.1 shall govern in the case of proposed general tax levies. If special assessments are proposed, the votes of only those landowners subject to the special assessments may be counted. If the financing proposal provides for both general tax levies and special assessments, the votes applicable to the general tax and the votes applicable to the special assessments shall be counted separately and accepted separately for purposes of determining the outcome of the referendum.
Source:
SL 1959, ch 452, §18; SDC Supp 1960, §61.1523 (3); SDCL §46-24-55; SL 2013, ch 228, §41.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 14 - Watershed Districts › Section 46A-14-57 - Annual payments by municipality to district in lieu of tax or special assessment levies--Favorable vote by voters of municipality required.

46A-14-57. Annual payments by municipality to district in lieu of tax or special assessment levies--Favorable vote by voters of municipality required.
In lieu of tax or special assessment levies in municipalities, the managers and the governing boards of municipalities may enter into contracts for annual payments by the municipality to the district. The governing boards shall include amounts sufficient to cover the annual payments to the district in the annual appropriations of the municipalities. If contractual commitments between a district and a municipality are to meet in part obligations imposed by a contract or other agreement between the district and an agency of the United States, the commitments on behalf of a municipality shall be a continuing annual obligation during the life of the contract between the district and the United States in the same manner as though the municipality had entered into the contract or agreement with the United States under provisions of §9-36-15 or 9-43-137. In no case may the governing board of a municipality execute a contract or agreement with the managers of a district until a favorable vote by the voters of the municipality has been obtained in order that claims for payment may be paid by the municipality under provisions of §9-42-2.
Source:
SL 1957, ch 492, §23; SL 1959, ch 452, §18; SDC Supp 1960, §61.1523 (5)(b); SDCL §46-24-56; SL 1970, ch 20, §1 (4); SL 1992, ch 60, §2; SL 2013, ch 228, §42.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 14 - Watershed Districts › Section 46A-14-58 - Resolution approving tax or assessment levy--Detailed reports.

46A-14-58. Resolution approving tax or assessment levy--Detailed reports.
After completing the apportionment of benefits and the referendum pursuant to §§46A-14-54 and 46A-14-55 for purposes of implementing the general plan of improvements, the managers shall prepare and by resolution approve the tax or assessment levy against landowner's land and buildings outside of the corporate limits of municipalities and shall file a detailed report of the tax or assessment levy with the appropriate county auditor. In addition, the managers shall prepare and by resolution approve the tax or assessment levy for operations, maintenance, and other district business as provided in §46A-14-69 and file a detailed report of the tax or assessment levy with the appropriate county auditor. The county auditor shall spread the district levy upon the county tax rolls and collect the district levy in the same manner as other county taxes.
Source:
SL 1957, ch 492, §23; SL 1959, ch 452, §18; SDC Supp 1960, §61.1523 (5)(a); SDCL §46-24-57; SL 2013, ch 228, §43.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 14 - Watershed Districts › Section 46A-14-59 - Assessed valuation for district tax purposes--Limitation on land taxed.

46A-14-59. Assessed valuation for district tax purposes--Limitation on land taxed.
The assessed valuation for district tax purposes shall be the same assessed valuation that is used for general county levies. However, if a majority of the landowners to be taxed or assessed to finance works owns less than ten acres of land, no such landowner may be taxed or assessed against more than ten acres of land.
Source:
SL 1957, ch 492, §23; SL 1959, ch 452, §18; SDC Supp 1960, §61.1523 (6); SDCL, §46-24-58; SL 1984, ch 297, §4.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 14 - Watershed Districts › Section 46A-14-60 - Annual general tax levy against land and buildings--Maximum amount.

46A-14-60. Annual general tax levy against land and buildings--Maximum amount.
When adopting a financing plan or levying taxes to cover the estimated costs of district business, including costs relating to implementing the general plan of improvements, as provided in §§46A-14-51 and 46A-14-54 to 46A-14-59, inclusive, and operations and maintenance expense as provided in §46A-14-66 to 46A-14-69, inclusive, no annual general tax levy against taxable land and buildings within the district may exceed the amount that can be collected by a one-mill levy. This limitation does not apply to special assessments nor to assessments required to meet payments, including interest, on district bonds.
Source:
SL 1957, ch 492, §30; SL 1959, ch 452, §24; SDC Supp 1960, §61.1530 (1); SDCL §46-24-59; SL 2011, ch 165, §528; SL 2013, ch 228, §44.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 14 - Watershed Districts › Section 46A-14-61 - Taxes collected by county officials--Delivery to district secretary-treasurer.

46A-14-61. Taxes collected by county officials--Delivery to district secretary-treasurer.
After collection the appropriate county officials shall each month deliver the taxes collected on behalf of the district to the district secretary-treasurer.
Source:
SL 1957, ch 492, §23; SL 1959, ch 452, §18; SDC Supp 1960, §61.1523 (5)(c); SDCL, §46-24-60.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 14 - Watershed Districts › Section 46A-14-62 - Interested party aggrieved by apportionment of benefits or levy of taxes and assessments--Appeal, procedure.

46A-14-62. Interested party aggrieved by apportionment of benefits or levy of taxes and assessments--Appeal, procedure.
Any interested party claiming to be aggrieved by such apportionment of the benefits or taxes or assessments levied in accordance therewith may appeal in accordance with procedures established by state law for review of tax levies.
Source:
SL 1957, ch 492, §24; SL 1959, ch 452, §19; SDC Supp 1960, §61.1524; SDCL, §46-24-61.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 14 - Watershed Districts › Section 46A-14-63 - No-fund warrants to pay district obligations--Limitation on amounts.

46A-14-63. No-fund warrants to pay district obligations--Limitation on amounts.
Following a favorable vote by the voters as provided in §46A-14-55 and in anticipation of tax or special assessment collections, the managers may issue no-fund warrants to pay district obligations. However, the outstanding amounts of the no-fund warrants may not exceed the product of two mills times the assessed valuation of the landowner's taxable land and buildings within the district.
Source:
SL 1957, ch 492, §30; SL 1959, ch 452, §24; SDC Supp 1960, §61.1530 (2); SDCL §46-24-62; SL 2011, ch 165, §529.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 14 - Watershed Districts › Section 46A-14-64 - Long-term financing arrangement authorized by voters--Notice to landowners--Suit to set aside--Collection.

46A-14-64. Long-term financing arrangement authorized by voters--Notice to landowners--Suit to set aside--Collection.
If a bond issue or other authorized long-term financing arrangement is authorized by the voters of the district, the managers shall immediately cause a written notice to be mailed to the owner or owners of each tract of land assessed of the amount of the assessment. The notice shall state that if the amount is not paid in full within thirty days after the date of the notice, bonds will be issued or payment contracts negotiated and that an assessment will be levied annually against the tract of ground for a period of not to exceed fifty years in an amount sufficient to pay the total assessment plus the interest due on the bonds. No suit to set aside the assessment may be brought after the expiration of thirty days from the date of the notice. The amount levied against each tract of land to pay for the bonds, or contract commitments, falling due each year and the interest on the bonds or contract commitments, shall be levied, certified to the proper county auditor, and collected the same as other taxes.
Source:
SL 1957, ch 492, §25; SDC Supp 1960, §61.1525; SL 1961, ch 458; SDCL §46-24-63; SL 2011, ch 165, §530.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 14 - Watershed Districts › Section 46A-14-65 - Amended or supplemental general plan of improvements--Special election on additional taxes or special assessments.

46A-14-65. Amended or supplemental general plan of improvements--Special election on additional taxes or special assessments.
The managers may amend the general plan of improvements or adopt a supplemental plan of improvements by using, as applicable, the same provisions and procedures in §§46A-14-47 to 46A-14-58, inclusive, that were used to establish the initial plan of improvements. The managers may call a special election and submit to the eligible voters of the district the question of whether additional taxes or special assessment shall be levied for the purpose of raising money to cover increased costs resulting from an amended or supplemental plan of improvements which are over and above the initial plan of improvements.
Source:
SL 1957, ch 492, §26; SL 1959, ch 452, §20; SDC Supp 1960, §61.1526; SDCL §46-24-64; SL 1989, ch 389, §9; SL 1991, ch 17 (Ex. Ord. 91-4), §17; SL 1995, ch 253, §9; SL 2013, ch 228, §45.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 14 - Watershed Districts › Section 46A-14-66 - Annual maintenance of watershed project--Project schedule--Budgets.

46A-14-66. Annual maintenance of watershed project--Project schedule--Budgets.
Once projects from the general plan of improvements are constructed, the managers shall provide for adequate annual maintenance of the watershed project works. They shall adopt an overall project schedule of routine operation and maintenance. They shall prepare annual operation and maintenance budgets for the following calendar year in which is stated the operation and maintenance work to be done during the budget year and the estimated cost.
Source:
SL 1957, ch 492, §27; SL 1959, ch 452, §21; SDC Supp 1960, §61.1527; SDCL §46-24-65; SL 2013, ch 228, §46.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 14 - Watershed Districts › Section 46A-14-67 - Annual operation and maintenance budget, provisions--Reserve fund.

46A-14-67. Annual operation and maintenance budget, provisions--Reserve fund.
The annual operation and maintenance budget shall include provisions for accumulation of a reserve fund for extraordinary maintenance or operation. The amount budgeted each year for the reserve fund shall be at least ten percent of the estimated cost of the annual routine operation and maintenance. Annual increments for the reserve fund shall be budgeted whenever the balance in the accumulated reserve fund is less than the current annual operation and maintenance budget. Expenditures from the reserve fund may be made by the managers whenever, in their judgment, extraordinary operation or maintenance of the project works is necessary.
Source:
SL 1957, ch 492, §27; SL 1959, ch 452, §21; SDC Supp 1960, §61.1527; SDCL, §46-24-66.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 14 - Watershed Districts › Section 46A-14-69 - Budgeted operation and maintenance expense--Inclusion in tax assessment list.

46A-14-69. Budgeted operation and maintenance expense--Inclusion in tax assessment list.
Tax or special assessment levies in amount sufficient to cover the budgeted operation and maintenance expense for district projects and works as provided in §46A-14-66 and other district operations and expenses shall be included by the managers in their tax assessment list as provided in §46A-14-58, if the levies do not exceed the limitations specified in this chapter or do not exceed the amounts of taxes or special assessments voted favorably by the voters of the district.
Source:
SL 1957, ch 492, §27; SL 1959, ch 452, §21; SDC Supp 1960, §61.1527; SDCL §46-24-68; SL 2011, ch 165, §531; SL 2013, ch 228, §47.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 14 - Watershed Districts › Section 46A-14-70 - Budget--Operations and budget report--Publication--Hearing--Certification and collection of taxes and assessments.

46A-14-70. Budget--Operations and budget report--Publication--Hearing--Certification and collection of taxes and assessments.
The board of managers of a watershed 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. Before approval of the budget by the district board of managers, a public hearing shall be held. Notice of the hearing shall be published once each week for two successive weeks in the watershed district's official newspapers. With the first notice, the budget shall be published in a form approved by the auditor general. At the conclusion of the hearing, the board of managers may eliminate or amend any portion of the budget before adoption.
On or before the first day of October in each year and after the watershed district's budget hearing, the managers shall certify to the county auditor of the county in which the land is located, all taxes and assessments against the landowners' lands and buildings in the district. Extension of the taxes and assessments upon the tax and assessment lists shall be made as specified in §46A-14-58. The taxes and assessments shall be collected in the same manner as other county taxes and assessments, and shall be deposited with the secretary-treasurer of the watershed district, who shall place them in the depository designated by the managers. The taxes and assessments shall be disbursed according to §46A-14-75.
Source:
SL 1957, ch 492, §33; SL 1959, ch 452, §27; SDC Supp 1960, §61.1533; SDCL §46-24-69; SL 2011, ch 165, §532; SL 2013, ch 228, §48.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 14 - Watershed Districts › Section 46A-14-71 - Contributions by board of county commissioners to watershed district supplies, labor, and equipment.

46A-14-71. Contributions by board of county commissioners to watershed district supplies, labor, and equipment.
The board of county commissioners may contribute to watershed districts supplies, labor, and equipment to benefit the county highway system, for maintenance of flood control, water management, and erosion control measures. The contributions to the districts shall be paid for from the general fund.
Source:
SDC 1939, §12.0617 (14) as added by SL 1961, ch 30; SDCL, §46-24-70; SL 1985, ch 77, §30.