reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-53 - Petition for inclusion of tract of land within boundaries of irrigation district--Contents.

46A-4-53. Petition for inclusion of tract of land within boundaries of irrigation district--Contents.
The holder or holders of title or evidence of title, or the secretary of the interior for unentered public land, representing one-half or more of any body of lands which, taken together, constitute one tract of land, may file with the board of directors of such district a petition in writing, praying that the boundaries of such district may be so changed as to include such lands. The petition shall describe the boundaries of the parcel or tract of land and shall also describe the boundaries of the several parcels owned by the petitioners, if the petitioners be the owners, respectively, of distinct parcels, but such description need not be more particular than may be required when such lands are entered by the county director of equalization in the assessment book. Such petition must contain the assent of the petitioners to the inclusion in such district of the parcels or tracts of land described in the petition, and of which the petition alleges that they are respectively the owners; and it must be acknowledged in the same manner that conveyances of land are required to be acknowledged.
Source:
SDC 1939, §61.0819; SDCL, §46-12-52; SL 1977, ch 366, §9.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-54 - Participation by conservators and personal representatives of estates.

46A-4-54. Participation by conservators and personal representatives of estates.
A conservator or personal representative of an estate, who is appointed as such under the laws of this state and who, as conservator or personal representative, is entitled to the possession of the lands belonging to the estate which the conservator or personal representative represents, may on behalf of his or her ward or the estate which he or she represents, upon being authorized by the proper court, sign and acknowledge the petition provided in this chapter, and may show cause, as provided in this chapter, why the boundaries of a district should not be changed.
Source:
SDC 1939, §61.0828; SDCL §46-12-53; SL 1993, ch 213, §243; SL 1995, ch 167, §188; SL 2011, ch 165, §351.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-55 - Change of boundaries of irrigation district--Notice of filing of petition, contents--Time and place of hearing by board of directors--Cost of proceedings, advancement by petitioners.

46A-4-55. Change of boundaries of irrigation district--Notice of filing of petition, contents--Time and place of hearing by board of directors--Cost of proceedings, advancement by petitioners.
The secretary of the board of directors shall cause notice of the filing of a petition under §46A-4-53 to be given and published in the same manner and for the same time that notices of special elections for the issuance of bonds are required to be published. The notice shall state the filing of such petition and the names of the petitioners, a description of the lands mentioned in the petition and the prayer of the petition; and it shall notify all persons interested, or that may be affected by such change of the boundaries of the district, to appear at the office of the board at a time named in the notice and show cause, in writing, if any they have, why the change in the boundaries of the district as proposed in the petition should not be made. The time to be specified in the notice at which they shall be required to show cause shall be the regular meeting of the board next after the expiration of the time for the publication of the notice. The petitioners shall advance to the secretary sufficient money to pay the estimated cost of all such proceedings for inclusion.
Source:
SDC 1939, §61.0820; SDCL, §46-12-54.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-56 - Hearing on petition to change boundaries--Adjournment--Assent to change.

46A-4-56. Hearing on petition to change boundaries--Adjournment--Assent to change.
The board of directors at the time and place mentioned in the notice, or at such other time to which the hearing of the petition may be adjourned, shall hear the petition and all objections to the petition presented in writing by any person. The failure of any person interested in the district or in the matter of the proposed change of its boundaries to show cause in writing is deemed an assent by the person to the change of the boundaries of the district as prayed for in the petition, or to such a change in the boundaries as will include a part of the lands. The filing of the petition with the board is deemed an assent by each petitioner to a change of the boundaries that may include the whole or any portion of the lands described in the petition.
Source:
SDC 1939, §61.0821; SDCL §46-12-55; SL 2011, ch 165, §352.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-57 - Rejection of petition to change boundaries--Resolution of board--Contents.

46A-4-57. Rejection of petition to change boundaries--Resolution of board--Contents.
If the board of directors deems it not in the best interests of the district that a change of its boundaries be made to include in the district the lands mentioned in the petition, the board shall reject the petition. However, if the board deems it in the best interest of the district that the boundaries of the district be changed and if no person interested in the proposed change of its boundaries shows cause in writing why the proposed change should not be made, or if having shown cause, withdraws the objection, or if having shown cause does not withdraw the objection and the board of directors deems it in the best interests of the district that the district boundaries be so changed, the board shall by resolution order that the boundaries of the district be changed to include in the district the lands mentioned in the petition, or some part of such lands. The resolution shall describe the exterior boundaries of the lands to be included within the boundaries of the district. The order shall describe the entire boundaries of the district as they will be after the boundary change, and for that purpose the board may cause a survey to be made of such portions of the boundaries as the board deems necessary.
Source:
SDC 1939, §61.0823; SDCL §46-12-56; SL 2011, ch 165, §353.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-58 - Land not included in irrigation district unless owner or lessee obligated to pay assessments or charges.

46A-4-58. Land not included in irrigation district unless owner or lessee obligated to pay assessments or charges.
No provision of this chapter authorizes or empowers the board of directors to include any land within the district unless the owner or lessee of the land pays or obligates the land to pay the same assessments or charges as all other lands have originally paid or have been obligated for, including the cost of studies, construction, operation, and maintenance charges and the cost of water deliveries.
Source:
SDC 1939, §61.0809; SDCL §46-12-57; SL 1984, ch 294, §38; SL 2011, ch 165, §354.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-59 - Payment by petitioners of share of original district assessments as condition for granting petition.

46A-4-59. Payment by petitioners of share of original district assessments as condition for granting petition.
The board of directors to whom a petition to include land within the district is presented may require, as a condition precedent to the granting of the petition, that the petitioners shall severally pay to the district such prospective sums to be determined by the board, as nearly as the same can be estimated, as the petitioners or their grantors would have been required to pay to the district, as assessments, had the lands been included in the district at the time the district was originally formed.
Source:
SDC 1939, §61.0822; SDCL §46-12-58; SL 2011, ch 165, §355.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-60 - Board order for election on filing of protests--Publication of notice--Ballots--Boundary descriptions.

46A-4-60. Board order for election on filing of protests--Publication of notice--Ballots--Boundary descriptions.
Upon the adoption of the resolution specified in §46A-4-57, if twenty-five percent of the electors of the district have made written protests against the proposed inclusion of lands within the district and have not withdrawn the protests, the board of directors shall order that an election be held within the district to determine whether the boundaries of the district shall be changed as mentioned in the resolution, and shall fix the time at which the election shall be held. The board shall cause notice of the election to be given, posted, and published, and the election shall be held and conducted. The returns of the election shall be made and canvassed, the result of the election ascertained and declared, and all things pertaining to the election conducted in the manner prescribed by chapter 46A-6 in case of a special election to determine whether bonds of an irrigation district shall be issued. The ballots cast at the election shall contain the words, "for change of boundary" or "against change of boundary," or equivalent terms. The notice of election shall describe the boundaries in such manner and terms that the boundary can be readily traced.
Source:
SDC 1939, §61.0824; SDCL §46-12-59; SL 1976, ch 277, §1; SL 2011, ch 165, §356.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-61 - Order of board in conformity with election results on boundary change.

46A-4-61. Order of board in conformity with election results on boundary change.
If at the election a majority of all the votes cast are against the change of boundaries, the board of directors shall order that the petition be denied and may proceed no further in the matter. However, if a majority of the votes are in favor of the change, or if no election is held due to a lack of sufficient written protests as provided in §46A-4-60, the board shall order the boundaries of the district to be changed in accordance with the resolutions adopted by the board. The order shall describe the entire boundaries of the district, and for that purpose the board may cause a survey of such portions of the district to be made as the board may deem necessary.
Source:
SDC 1939, §61.0825; SDCL §46-12-60; SL 1976, ch 277, §2; SL 2011, ch 165, §357.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-62 - Filing and recording of order changing boundaries--Effect of change.

46A-4-62. Filing and recording of order changing boundaries--Effect of change.
If the boundaries of a district are changed, a copy of the order of the board of directors ordering the change, certified by the president and secretary of the board, shall be filed for record in the office of the Board of Water and Natural Resources and also the register of deeds office of each county within which are situated any of the lands of the district. The district shall remain an irrigation district as fully, to every intent and purpose, as if the lands which are included in the district by the boundary change had been included in the district at the original organization of the district.
Source:
SDC 1939, §61.0826; SDCL §46-12-61; SL 2011, ch 165, §358.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-63 - Petition for change of boundaries of irrigation district--Recording in minutes of board of directors, admissibility as evidence.

46A-4-63. Petition for change of boundaries of irrigation district--Recording in minutes of board of directors, admissibility as evidence.
Upon the filing of the copies of the order, as provided in §46A-4-62, the secretary shall record in the minutes of the board of directors the petition; and the minutes, or a certified copy thereof, shall be admissible in evidence with the same effect as the petition.
Source:
SDC 1939, §61.0827; SDCL, §46-12-62.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-64 - Redivision of district following inclusion of land--Election precincts.

46A-4-64. Redivision of district following inclusion of land--Election precints.
In case of the inclusion of any land within any district by proceedings under this chapter, the board of directors shall, at least thirty days before the next succeeding general election, make an order redividing the district into three, five, or seven divisions, as nearly equal in size as may be practicable. The divisions shall be numbered, and one director shall thereafter be elected by each division. For the purposes of elections the board of directors shall establish a convenient number of election precincts in the district and define the precinct boundaries. The precincts may be changed from time to time as the board deems necessary.
Source:
SDC 1939, §61.0829; SDCL §46-12-63; SL 2011, ch 165, §359.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-65 - Exclusion of contiguous tracts of land from district--Petition--Contents.

46A-4-65. Exclusion of contiguous tracts of land from district--Petition--Contents.
The owner in fee of any tract of land, entrymen of unpatented lands, and the secretary of the interior for unentered public lands, which constitute a portion of an irrigation district, may file with the board of directors of the district a petition praying that such tracts and any other contiguous tracts be excluded and taken from the district. The petition shall describe the boundaries of the land which the petitioners desire to have excluded from the district and also the lands of each of the petitioners that are included within the boundaries. The description of the lands need not be more particular nor certain than is required when the lands are entered in the assessment book by the county director of equalization; and the petition shall be acknowledged in the same manner and form as required in case of a conveyance of land.
Source:
SDC 1939, §61.0830; SDCL §46-12-64; SL 2011, ch 165, §360.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-66 - Notice of petition to exclude land--Publication--Contents--Time for hearing.

46A-4-66. Notice of petition to exclude land--Publication--Contents--Time for hearing.
The secretary of the board of directors shall publish a notice of the filing of the petition once each week for at least two successive weeks in some newspaper published in the county where the office of the board of directors is situated. If any portion of the territory to be excluded lies within another county, then the notice shall be published in a newspaper published within each of the counties. If no newspaper is published in such counties, notice shall be provided by posting the notice for the same time in at least three public places in the district. In the case of the posting of notices, one such notice shall be posted on the lands proposed to be excluded. The notice shall state the filing of the petition, the names of the petitioners, a description of the lands mentioned in the petition, and the prayer of the petition. The notice shall notify all persons interested in or that may be affected by the change of the boundaries of the district to appear at the office of the board, at a time named in the notice, and show cause in writing why the change in the boundaries of the district, as proposed in the petition, should not be made. The time to be specified in the notice at which they shall be required to show cause shall be at the next regular meeting of the board after the expiration of the time for the publication of the notice.
Source:
SDC 1939, §61.0831; SDCL §46-12-65; SL 1972, ch 239, §3; SL 2011, ch 165, §361.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-67 - Hearing on petition to exclude land--Assent of interested persons.

46A-4-67. Hearing on petition to exclude land--Assent of interested persons.
The board of directors, at the time and place mentioned in the notice or at the time to which the hearing of the petition may be adjourned, shall hear the petition and all objections to the petition, presented in writing by any person, showing cause why the petition should not be granted. The failure of any person interested in the district to show cause, in writing, why the tract or tracts of land mentioned in the petition should not be excluded from the district is deemed an assent by the person to the exclusion of the tract of land, or any part of the tract. The filing of the petition with the board is deemed an assent by each petitioner to the exclusion of the lands mentioned in the petition, or any part of the lands.
Source:
SDC 1939, §61.0832; SDCL §46-12-66; SL 2011, ch 165, §362.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-68 - Resolution for exclusion of land when bonds or federal contract outstanding--Bondholders' or federal assent required--Assent waived by terms of bond issue.

46A-4-68. Resolution for exclusion of land when bonds or federal contract outstanding--Bondholders' or federal assent required--Assent waived by terms of bond issue.
If there are outstanding bonds of the district or if the district has entered into a contract with the United States as provided in chapters 46A-5 and 46A-6, the board of directors may adopt a resolution to the effect that the board deems it to be for the best interests of the district that the lands mentioned in the petition, or some portion of the lands, should be excluded from the district. The resolution shall describe the lands so that the boundaries of the lands can be readily traced. The holders of any such outstanding bonds may give their consent in writing to the effect that they severally consent that the board may make an order by which the lands mentioned in the resolution may be excluded from the district. If any contract has been made with the United States, the secretary of the interior may assent to the change. The assent may be acknowledged by the holders of the bonds in the same manner and form as required in case of a conveyance of land, except the assent of the secretary of the interior need not be acknowledged. The assent shall be filed with the board and shall be recorded in the minutes of the board. The minutes, or a certified copy of the minutes, are admissible in evidence with the same effect as the assent; but if the assent of the bondholders, and in case of any contract with the United States the assent of the secretary of the interior, is not filed, the board shall deny and dismiss the petition. However, if the resolution authorizing the issuance of the outstanding bonds explicitly provides that no bondholder assent is required for the exclusion of lands from the district or if the resolution provides that the bondholder assent is required only under certain specified conditions, then the terms of the resolution shall prevail and no bondholder assent need be obtained as provided in this section.
Source:
SDC 1939, §61.0834; SDCL §46-12-67; SL 1976, ch 277, §3; SL 2011, ch 165, §363.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-69 - Grant or denial of petition to exclude land from district--Best interests of district--Conditions for exclusion.

46A-4-69. Grant or denial of petition to exclude land from district--Best interests of district--Conditions for exclusion.
If the board of directors deems it not in the best interests of the district that the lands mentioned in the petition, or some portion of the lands, should be excluded from the district, the board shall order that the petition be denied. If the board deems it in the best interests of the district, the board may order that the lands mentioned in the petition, or some portion of the lands, be excluded from the district under the following conditions:
(1)Less than twenty-five percent of the electors of the district show cause in writing why the lands or some portion of the lands should not be excluded from the district or, having shown cause, withdraw their objection;
(2)There are no outstanding bonds of the district, or, if there are outstanding bonds of the district, no bondholder assent to exclusion is required as provided by §46A-4-68 and by the resolution authorizing the issuance of the outstanding bonds; and
(3)There is no contract between the district and the United States.
Source:
SDC 1939, §61.0833; SDCL §46-12-68; SL 1976, ch 277, §4; SL 2011, ch 165, §364.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-70 - Election ordered on exclusion after objections filed--Publication of notice--Contents--Conduct of election.

46A-4-70. Election ordered on exclusion after objections filed--Publication of notice--Contents--Conduct of election.
If the assent of the holders of the bonds, when required, and in case of any contract with the United States the assent of the secretary of the interior be filed and entered of record and if there be written objections presented by twenty-five percent of the electors of the district which have not been withdrawn, then the board of directors may order an election to be held in the district to determine whether an order shall be made excluding such lands from the district as mentioned in the resolution. The notice of such election shall describe the boundaries of all the lands which it is proposed to exclude, and such notice shall be published once each week for at least two successive weeks prior to such election in a newspaper published within the county where the office of the board of directors is situated. If any portion of such territory to be excluded lies within another county or counties, then such notice shall be so published in a newspaper published in each of such counties. Such notice shall require the electors to cast ballots which shall contain the words "for exclusion" and "against exclusion," or words equivalent thereto. Such election shall be conducted in accordance with the general election laws of the state; provided no particular form of ballot shall be required.
Source:
SDC 1939, §61.0835; SDCL, §46-12-69; SL 1972, ch 239, §4; SL 1976, ch 277, §5.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-71 - Majority vote against exclusion, denial and dismissal of petition--Majority vote in favor of exclusion, order of board of directors excluding land from irrigation district, contents.

46A-4-71. Majority vote against exclusion, denial and dismissal of petition--Majority vote in favor of exclusion, order of board of directors excluding land from irrigation district, contents.
If at such election a majority of all the votes cast shall be against the exclusion of the lands from the district, the board of directors shall deny and dismiss such petition and proceed no further in the matter; but if a majority of such votes be in favor of the exclusion of the lands from the district, the board shall thereupon order that the lands mentioned in the resolution be excluded from the district. The order shall describe the boundaries of the district, should the exclusion of the lands from the district change the boundaries of the district, and for that purpose the board may cause a survey to be made of such portions of the boundaries as the board may deem necessary.
Source:
SDC 1939, §61.0836; SDCL, §46-12-70.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-72 - Order excluding land from irrigation district--Entry in minutes of board of directors--Filing and recording--Effect of order.

46A-4-72. Order excluding land from irrigation district--Entry in minutes of board of directors--Filing and recording--Effect of order.
Upon the entry in the minutes of the board of directors of any of the orders hereinafter in this chapter mentioned, a copy thereof, certified by the president and secretary of the board, shall be filed for record in the office of the Board of Water and Natural Resources and also in the office of the register of deeds of each county within which are situated any of the lands of the district; and thereupon the district shall be and remain an irrigation district as fully, to every intent and purpose, as it would be had no change been made in the boundaries of the district or had the lands excluded therefrom never constituted a portion of the district.
Source:
SDC 1939, §61.0837; SDCL, §46-12-71.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-73 - Exclusion of land from irrigation district--Refunding of assessments.

46A-4-73. Exclusion of land from irrigation district--Refunding of assessments.
In case of the exclusion of any lands under the provisions of this chapter, there shall be refunded, to any and all persons who have paid any assessment or assessments to such district for any lands so excluded, any sum or sums so paid. Such payments shall be made in the same manner as other claims against such district, and from such fund or funds as the board of directors may designate; but where such parties have realized benefits from the organization and operation of the district, the value of such benefits shall be deducted from the assessments paid in by such person and the balance, if any, refunded.
Source:
SDC 1939, §61.0840; SDCL, §46-12-72.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-74 - Exclusion of land from irrigation district--Effect of change on office of director.

46A-4-74. Exclusion of land from irrigation district--Effect of change on office of director.
If the lands excluded from any district shall embrace the greater portion of any division or divisions of such district, then the office of director for such division shall become and be vacant at the expiration of ten days from the final order of the board of directors excluding the lands, and such vacancy shall be filled by appointment as provided by this chapter.
Source:
SDC 1939, §61.0838; SDCL, §46-12-73.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-75 - Exclusion of land from irrigation district--Redivision of district by board of directors--Election precincts, establishment, change from time to time.

46A-4-75. Exclusion of land from irrigation district--Redivision of district by board of directors--Election precincts, establishment, change from time to time.
At least thirty days before the next general election of such district, the board of directors thereof shall make an order dividing such district into three, five, or seven divisions as nearly equal in size as practicable, which shall be numbered, and one director shall be elected by each division. For the purpose of election in such district, the board of directors must establish a convenient number of election precincts, and define the boundaries thereof, which precincts may be changed from time to time, as the board of directors may deem necessary.
Source:
SDC 1939, §61.0839; SDCL, §46-12-74.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-76 - Resolution to exclude unproductive lands from district--Reasons--Service on owners and residents--Publication of notice.

46A-4-76. Resolution to exclude unproductive lands from district--Reasons--Service on owners and residents--Publication of notice.
If the board of directors of an irrigation district finds that lands within the district are alkaline, slick, unsusceptible of economic leveling, water-logged, caliche, hard pan, or otherwise unproductive or incapable of carrying their proportionate district liabilities and obligations without recurring delinquencies, for which irrigation water is available, and that the major portion of such lands has been unfarmed and delinquent in payment of district taxes for the last two years or more, it may exclude such lands from the district. The board shall adopt a resolution stating its findings and declaring its intention to exclude such lands for one or more reasons set forth above, and shall require the record owner or any persons actually resident upon such land to show cause why the lands should not be excluded from the district. A copy of the resolution shall be served upon the record owners and actual residents, if any, upon the lands, personally if residents of the county in which the office of the board is located, or if not, by registered or certified mail addressed to such persons at their last known post office address, and by publication of the resolution at least once a week for three successive weeks in a newspaper of general circulation within the county in which the district office is located.
Source:
SL 1976, ch 277, §22; SDCL Supp, §46-12-74.1; SL 1987, ch 29, §34.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-77 - Hearing on exclusion of unproductive lands--Time and place--Objections--Failure to object deemed consent--Rescission of resolution or adoption of second exclusion resolution.

46A-4-77. Hearing on exclusion of unproductive lands--Time and place--Objections--Failure to object deemed consent--Rescission of resolution or adoption of second exclusion resolution.
The resolution of exclusion authorized by §46A-4-76 shall fix a time for hearing the resolution at the office of the board of directors. The board of directors at the time and place designated in the resolution or at such time or times to which the hearing is adjourned, shall consider the resolution and hear any pertinent objections to exclusion of the lands. Such objections shall be filed in writing at least two days prior to the hearing. Failure of any person interested to show cause why the land should not be excluded by filing objections thereto shall be deemed consent to exclusion of the land from the district. Upon conclusion of the hearing, the board may sustain the objections to exclusion of lands and rescind its previous resolution, or may adopt a second resolution excluding the lands or a portion thereof from the district.
Source:
SL 1976, ch 277, §23; SDCL Supp, §46-12-74.2.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-78 - Motion to reconsider exclusion of unproductive lands--Time--Appeal to circuit court--Contents--Trial--Filing of final resolution.

46A-4-78. Motion to reconsider exclusion of unproductive lands--Time--Appeal to circuit court--Contents--Trial--Filing of final resolution.
Any person aggrieved by the final action of the board of directors acting pursuant to the provisions of §46A-4-77 on a resolution of exclusion may file a written motion for reconsideration within ten days after adoption of the final resolution. Such person may appeal to the circuit court for the county in which the lands are located within twenty days after consideration by the district board of the motion for reconsideration. The appeal shall consist of notice and a recital of the proceedings taken, the facts and matters involved, and the reasons why the appellant is aggrieved by the action of the board. The appeal shall be tried before the circuit court for the county. The circuit court shall have jurisdiction to hear, decide, adjudicate, and make any and all necessary orders and judgments in the premises as in civil actions. If a motion for reconsideration or an appeal is not taken within the time allowed, the final resolution shall be filed for record in the clerk of courts and in the office of the board of county commissioners and the county treasurer of each county in which the excluded lands are located.
Source:
SL 1976, ch 277, §24; SDCL Supp, §46-12-74.3.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-79 - Rearrangement or reapportionment of district divisions upon exclusion of lands--Effects of exclusion--Procedural defects--Resolutions and bylaws.

46A-4-79. Rearrangement or reapportionment of district divisions upon exclusion of lands--Effects of exclusion--Procedural defects--Resolutions and bylaws.
Upon exclusion of any lands, the board of directors may make such rearrangement or reapportionment of divisions within the district as the board deems advisable. No exclusion of lands may impair or affect the district organization or its property or rights therein, or any other rights or privileges, nor may it affect, impair, or discharge any contract obligation, lien, or charge for or upon which it was or might become liable or chargeable had the exclusion of land not been made. Lands excluded by an order of the board are liable for district contracts, debts, or obligations thereafter created. No omission or informality in the proceedings for exclusion of lands may invalidate such proceedings if the substantial rights of the parties affected were recognized and the proceedings were fairly conducted. The board of directors may make any resolutions and bylaws necessary in the proceedings.
Source:
SL 1976, ch 277, §25; SDCL Supp, §46-12-74.4; SL 1993, ch 256, §73.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-80 - Subirrigated land--Relief from district assessments--Recording of suspension order.

46A-4-80. Subirrigated land--Relief from district assessments--Recording of suspension order.
If any tract of land, or any part of a tract of land, to which the water right attached at any time becomes subirrigated, to the extent that water is no longer of any benefit on the land for irrigation purposes, the owner or entryman of the land may apply to the irrigation district board to relieve the subirrigated land from the district assessment as provided in chapter 46A-7. In the application, the landowner or entryman releases all claim to the water right as may belong to or has been applied to or upon the land, until the land may be drained and water for irrigation is again beneficial. The landowner or entryman may apply for a permit to transfer the water right to any other lands to which the water may be beneficially applied and to have the new or additional tract included within the boundaries of the district as provided by law and the exclusion of such lands and the inclusion of the new tract as provided in this section. The board may thereupon make the appropriate order of suspension of assessments, of the exclusion and inclusion of the lands and the transfer of the water right. A certified copy of the order shall be recorded in the office of the register of deeds in the county in which the land is situated. After the order has been recorded, all the obligations against the land from which the water right has been taken, arising by reason of the water right, shall be canceled and the obligation shall follow and attach with the water right to the land so included, if any.
Source:
SDC 1939, §61.0809; SDCL §46-12-75; SL 2011, ch 165, §365.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-81 - Dissolution of district--Petition by majority of assessment payers--Calling of election by board--Notice of election.

46A-4-81. Dissolution of district--Petition by majority of assessment payers--Calling of election by board--Notice of election.
If a majority of the assessment payers, representing a majority of the number of acres of irrigable land within any irrigation district, petition the board of directors to call a special election for the purpose of submitting to the qualified electors of the irrigation district a proposition to vote on the discontinuance of the irrigation district and a settlement of its bonded and other indebtedness, the board of directors shall call an election, setting forth the object of the election. The board shall publish a notice of the election in some newspaper in each of the counties in which the district is located, and in which a newspaper is published, for a period of thirty days before the election, setting forth the time and place for holding the election in each of the voting precincts in the district. The board shall also post a written or printed notice of the election in some conspicuous place in each of the voting precincts.
Source:
SDC 1939, §61.0848; SDCL §46-12-76; SL 2011, ch 165, §366.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-82 - Dissolution of district contracting with United States--Assent of secretary of interior--Recording.

46A-4-82. Dissolution of district contracting with United States--Assent of secretary of interior--Recording.
If a contract has been made with the United States, no action may be taken by the board of directors for the dissolution of any irrigation district, as provided in this chapter, unless the assent of the secretary of the interior to the dissolution in writing has been filed with the secretary of the board of directors and a certified copy of the assent filed with the register of deeds of each county where the district lands are situated.
Source:
SDC 1939, §61.0848; SDCL §46-12-77; SL 2011, ch 165, §367.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-83 - Election ballots on dissolution of district--Form and contents--Conduct of election.

46A-4-83. Election ballots on dissolution of district--Form and contents--Conduct of election.
The directors shall provide ballots to be used at an election called pursuant to §46A-4-81, on which shall be written or printed the words: "For dissolution, Yes," and "For dissolution, No." The ballots shall be placed in the hands of the proper election officers in the several voting precincts of the district before the opening of the polls on the day of the election. The election shall be conducted in all respects in the same manner as provided for the election of officers of the district.
Source:
SDC 1939, §61.0848; SDCL §46-12-78; SL 2011, ch 165, §368.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-84 - Certification of election returns and ballots--Canvass of returns--Declaration of result--Recording.

46A-4-84. Certification of election returns and ballots--Canvass of returns--Declaration of result--Recording.
The return of the election, together with the ballots cast at the election, shall be certified by the election boards of the district to the board of directors within three days after the election. The board shall, on or before the third day after the election, canvass the returns and declare the result of the election. The result shall be at once recorded in the records of the district board.
Source:
SDC 1939, §61.0848; SDCL §46-12-79; SL 2011, ch 165, §369.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-85 - Vote against dissolution precludes another election during year.

46A-4-85. Vote against dissolution precludes another election during year.
If a majority of the votes are "For dissolution, No," there may not be another election upon the question of a dissolution of the district during the year in which the election was held.
Source:
SDC 1939, §61.0848; SDCL §46-12-80; SL 2011, ch 165, §370.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-86 - Majority vote for dissolution of irrigation district--Notice by board of directors to creditors of district--Settlement of claims.

46A-4-86. Majority vote for dissolution of irrigation district--Notice by board of directors to creditors of district--Settlement of claims.
If a majority of the votes shall be "For dissolution, Yes," then the board of directors shall immediately notify all persons having claims against the district of the result of such election, and may proceed to adjust, settle, and compromise any and all such claims, in whatever form the indebtedness of such district may be.
Source:
SDC 1939, §61.0848; SDCL, §46-12-81.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-87 - Raising of money to pay debts--Valuation of property by appraisers--Appointment--Report.

46A-4-87. Raising of money to pay debts--Valuation of property by appraisers--Appointment--Report.
For the purpose of raising money to pay any indebtedness of the district, the board of directors may sell and dispose of the canal, franchises, and other property belonging to the district at not less than a valuation to be fixed by a board of three appraisers. One member of the board of appraisers shall be appointed by the board of directors of the district and one shall be appointed by the board of county commissioners of the county in which the district was originally organized. The two appraisers shall elect a third. The board of appraisers shall be sworn by any officer authorized by law to administer oaths and who has an official seal, to appraise the canal, franchises, and other property of the district at its cash value. As soon as practicable, the appraisers shall make an appraisement and shall report in writing their appraisement of all the property owned by the district to the board of directors.
Source:
SDC 1939, §61.0848; SDCL §46-12-82; SL 2011, ch 165, §371.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-88 - Sale of property by board of directors--Advertisement--Notice of sale--Consideration of bids of purchasers by board of directors.

46A-4-88. Sale of property by board of directors--Advertisement--Notice of sale--Consideration of bids of purchasers by board of directors.
The board of directors shall advertise the property for sale at least four weeks in such manner as in the judgment of the board will be to the best interests of the district; and shall state in such advertisement a description of the property, and the time and place when bids in writing for the same shall be opened and considered. At the time designated in such notice, or as soon thereafter as such board can meet, it shall open and consider all bids received for the purchase of the property.
Source:
SDC 1939, §61.0848; SDCL, §46-12-83.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-89 - Rejection of bids for purchase of property--Private negotiations for sale--Deferred payments--Lien--Foreclosure.

46A-4-89. Rejection of bids for purchase of property--Private negotiations for sale--Deferred payments--Lien--Foreclosure.
The board of directors may reject any bids that are not, in the judgment of the board, a fair and just consideration for the property. After bids are thus rejected by the board, the board may by private negotiations with any person sell and convey by deed, executed by the board, all of the property for part cash and part in deferred payments, bearing the same interest as the bonded indebtedness of the district. If the district has no bonded indebtedness, the interest upon the deferred payments shall be as agreed upon by the board and the purchaser, not exceeding the rate allowed by law. The deferred payments are a lien upon all the property thus sold by the board and have the same force and effect as a mortgage against the property and may, when due, be foreclosed in the manner provided by law for the foreclosure of mortgages.
Source:
SDC 1939, §61.0848; SDCL §46-12-84; SL 2011, ch 165, §372.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-90 - Additional security for deferred payments--Collection.

46A-4-90. Additional security for deferred payments--Collection.
In addition to the lien, the board of directors may require the purchaser of the property to furnish the district with additional security upon all deferred payments. All notes, bonds, mortgages, and other securities shall be made out to and in the name of the irrigation district, and shall be, together with the money received from the sale, deposited with the county treasurer of the county in which the district was originally organized. The notes, bonds, mortgages, and other securities may be paid out only upon warrants duly authorized by the board of directors of the district, signed by the president and secretary of the board. All actions at law or in equity brought for the purpose of collecting such indebtedness, shall be brought in the name of the district by counsel employed by the district board. If the board is disorganized, such employment shall be by the board of county commissioners.
Source:
SDC 1939, §61.0848; SDCL §46-12-85; SL 2011, ch 165, §373.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-91 - Bonds and obligations of district--Redemption after sale of property on dissolution of district.

46A-4-91. Bonds and obligations of district--Redemption after sale of property on dissolution of district.
If bonds and other obligations of irrigation districts are issued, the bonds and obligations are subject to redemption by the board of directors of any irrigation district, as soon as the property and franchise of the district are sold after the district has elected to dissolve as a district, as provided in this chapter.
Source:
SDC 1939, §61.0848; SDCL §46-12-86; SL 2011, ch 165, §374.