reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-17 - Purposes of drainage plan.

46A-10A-17. Purposes of drainage plan.
A drainage plan shall be for the purpose of enhancing and promoting physical, economic, and environmental management of the county; protecting the tax base; encouraging land utilization that will facilitate economical and adequate productivity of all types of land; lessening governmental expenditure; and conserving and developing natural resources. The plan may incorporate appropriate contingencies for the protection of private cropland and pasture.
Source:
SL 1985, ch 362, §17; SL 2001, ch 244, §1.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-18 - Drainage projects and coordinated drainage areas authorized.

46A-10A-18. Drainage projects and coordinated drainage areas authorized.
Official controls instituted by a board or commission may include establishment of drainage projects or coordinated drainage areas within which drainage of land for agricultural, residential, industrial and commercial, soil and water conservation, and additional uses may be encouraged, regulated, or prohibited. For such purposes, the board may establish coordinated drainage areas of such number, shape, and size as may be deemed best suited to carry out county drainage goals.
Source:
SL 1985, ch 362, §18.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-19 - Maps authorized.

46A-10A-19. Maps authorized.
Official controls instituted by a board or commission may include maps of drains, county highways and roads, culverts, wetlands, sloughs, and other natural and man-made features relating to drainage showing their alignments, gradients, dimensions, and other pertinent features.
Source:
SL 1985, ch 362, §19.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-20 - Legal controls for drainage management--Right to continue existing drainage.

46A-10A-20. Legal controls for drainage management--Right to continue existing drainage.
Official controls instituted by a board may include specific ordinances, resolutions, orders, regulations, or other such legal controls pertaining to other elements incorporated in a drainage plan, project, or area or establishing standards and procedures to be employed toward drainage management. Any such ordinances, resolutions, regulations, or controls shall embody the basic principle that any rural land which drains onto other rural land has a right to continue such drainage if:
(1)The land receiving the drainage remains rural in character;
(2)The land being drained is used in a reasonable manner;
(3)The drainage creates no unreasonable hardship or injury to the owner of the land receiving the drainage;
(4)The drainage is natural and occurs by means of a natural water course or established water course;
(5)The owner of the land being drained does not substantially alter on a permanent basis the course of flow, the amount of flow, or the time of flow from that which would occur; and
(6)No other feasible alternative drainage system is available that will produce less harm without substantially greater cost to the owner of the land being drained.
Such provisions do not necessarily apply within municipalities, but if a municipality drains water onto rural lands lying outside the boundaries of the municipality, the municipality is subject to the above provisions, if adopted by the board.
Source:
SL 1985, ch 362, §20.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-21 - Official controls not limited.

46A-10A-21. Official controls not limited.
Official controls are not limited to those set forth in §§46A-10A-18 to 46A-10A-20, inclusive.
Source:
SL 1985, ch 362, §21.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-22 - Publication of notice of hearing on proposed drainage plan.

46A-10A-22. Publication of notice of hearing on proposed drainage plan.
If it receives a proposed drainage plan drafted by the drainage commission or if it prepares its own plan because no commission exists, which plan includes proposed official controls, the board of county commissioners shall direct the county auditor to publish, at least once a week for at least two successive weeks in a newspaper of general circulation in the area affected, a notice of hearing, the time and place when the hearing will be held, and a statement that all interested persons may appear and be heard.
Source:
SL 1985, ch 362, §22.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-23 - Board action on plan by ordinance or resolution.

46A-10A-23. Board action on plan by ordinance or resolution.
Based on the results of a drainage plan hearing or hearings under §46A-10A-22, a board's action upon a drainage plan or any part, adjunct, amendment, or addition shall be by resolution or ordinance, as appropriate, carried by the affirmative votes of not less than a majority of all the members of the board upon a finding that the plan is feasible and conducive to the public welfare and necessary or practicable for draining land in the county.
Source:
SL 1985, ch 362, §23.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-24 - Filing and publication of board action on plan--Effective date of plan--Public inspection.

46A-10A-24. Filing and publication of board action on plan--Effective date of plan--Public inspection.
Any action of a board on a drainage plan shall be filed with the county auditor. A summary of the action shall be prepared by the county board or the drainage commission, if established, shall be reviewed by the state's attorney, shall be published at least once within one week in the official newspaper or newspapers in the county and shall take effect on the twentieth day after its publication. Any summary published under the provisions of this chapter shall contain a notification that the public may inspect the entire drainage plan or any part, adjunct, amendment, or addition at the office of the county auditor during regular business hours.
Source:
SL 1985, ch 362, §24.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-25 - Petition for election on adoption of plan--Notice of election--Ballots--Suspension of effective date--Inconsistent drainage efforts prohibited.

46A-10A-25. Petition for election on adoption of plan--Notice of election--Ballots--Suspension of effective date--Inconsistent drainage efforts prohibited.
Within twenty days of publication, five percent of the voters, as determined by the total number of votes cast for Governor in the county at the last gubernatorial election, may petition to have the question of adoption or rejection of a county drainage plan, or any part, adjunct, amendment, or addition thereto, placed on the ballot at the next primary or general election to be held more than sixty days after filing of the petition with the county auditor, whichever occurs first. The county auditor shall give notice of the fact that the question will be on the ballot at the primary or general election, as provided by law, for such elections and shall prepare official ballots according to the provisions of this code relating to elections and the submission of questions to the voters. The effective date of a county drainage plan or part, adjunct, amendment, or addition thereto on which a referendum is to be held shall be suspended by the filing of a referendum petition until the referendum process is completed. However, when a drainage plan or part, adjunct, amendment, or addition thereto is referred to a referendum vote, no drainage efforts that are inconsistent with the plan or part, adjunct, amendment, or addition thereto may be established between the time of adoption of the plan by the county commission, as provided in §46A-10A-23, and the time of the referendum vote.
Source:
SL 1985, ch 362, §25.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-26 - Rejection of plan by voters--Revision, filing, and publication.

46A-10A-26. Rejection of plan by voters--Revision, filing, and publication.
If the voters reject a proposed drainage plan or part, adjunct, amendment, or addition thereto, the board may revise or may order the drainage commission, if established, to revise the plan or part, adjunct, amendment, or addition thereto and adopt the same as revised, and file and publish the same as required by §46A-10A-24. Such revision is subject to referendum procedures provided in §46A-10A-25.
Source:
SL 1985, ch 362, §26.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-27 - Filing copy of adopted official control.

46A-10A-27. Filing copy of adopted official control.
Upon adoption of any drainage ordinance or other official drainage control, including any maps or charts, the county auditor shall file a certified copy thereof with the county register of deeds.
Source:
SL 1985, ch 362, §27.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-28 - Approval required for rehabilitation or construction of drain covered by plan--Board review of commission decision.

46A-10A-28. Approval required for rehabilitation or construction of drain covered by plan--Board review of commission decision.
If a board has adopted a drainage plan or any part, adjunct, amendment, or addition thereto, no rehabilitation of existing drainage or construction of new drainage, whether publicly or privately owned, if covered by the adopted plan, may be undertaken or authorized in the county until the location and extent thereof has been submitted to and approved by the board or commission, if established. In case of disapproval by a commission, it shall communicate its reasons in writing to the board. At a hearing to review the decision, by majority vote of the board members elect, a board may overrule all or any portion of a disapproval or any erroneous approval which is contrary to the adopted plan.
Source:
SL 1985, ch 362, §28.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-29 - Failure of commission to act as approval--Extension of period by board.

46A-10A-29. Failure of commission to act as approval--Extension of period by board.
Failure of a drainage commission to act within sixty-five days from the date of an official submission to it under the provisions of §46A-10A-28 shall be deemed approval, unless a longer period is granted by the board within the sixty-five-day period.
Source:
SL 1985, ch 362, §29.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-30 - Permit system for drainage--Fee--Modification of drain or use of unrecorded right--Drainage without permit as misdemeanor--Civil penalty.

46A-10A-30. Permit system for drainage--Fee--Modification of drain or use of unrecorded right--Drainage without permit as misdemeanor--Civil penalty.
Any board or commission under the provisions of this chapter and chapter 46A-11 may adopt a permit system for drainage. The permit system shall be prospective in nature. Permits shall be granted consistent with the principles outlined in §46A-10A-20. The fee for a permit shall be established by the permitting authority, based on the administrative costs of regulating drainage activities, may not exceed one hundred dollars, and shall be paid only once. However, permitted drainage that is enlarged, rerouted, or otherwise modified requires a new permit. Any vested drainage right not recorded under the provisions of §46A-10A-31 requires a permit for its use if a permit system has been established in the county where it exists. Any person or the person's contractor draining water without a permit, if a permit is required under the provisions of this section, is guilty of a Class 1 misdemeanor. In addition to or in lieu of any criminal penalty, a court may assess against any person violating the provisions of this section a civil penalty not to exceed one thousand dollars per each day of violation. A permit system is an official control.
Source:
SL 1985, ch 362, §30; SL 1986, ch 379, §5; SL 2000, ch 217, §1; SL 2011, ch 165, §493.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-31 - Recording existing drainage rights--Information required--Disputing rights--Appeals--Recording final decision.

46A-10A-31. Recording existing drainage rights--Information required--Disputing rights--Appeals--Recording final decision.
Any natural drainage right lawfully acquired by the owner or owners of either a dominant or servient estate prior to July 1, 1985, is deemed vested. Any drainage right lawfully acquired prior to July 1, 1985, arising from drainage which is natural with man-made modifications or entirely man-made is also deemed vested, provided the right is recorded with the appropriate county register of deeds within seven years of July 1, 1985. Registration shall include the following information:
(1)A legal description of any dominant estate or servient estate involved with the drainage right;
(2)The general course and direction of flow of water by means of the drainage right;
(3)The amount of time the drainage right has existed, if known, or, if not known, a statement to that effect;
(4)The general course and direction of natural flow if different from that of the right being registered; and
(5)The nature of the man-made modifications to the natural drainage.
The county register of deeds shall provide the board with a quarterly listing of such registrations, prior to the quarterly meetings of the board. The board shall include the list in its minutes which are published pursuant to §7-18-3. A registration may include more than one drainage system.
Any drainage begun prior to July 1, 1988, and challenged by an affected landowner in a court of law or before a board or commission within two years of filing, may not become vested until and unless a final decision has been reached in favor of such drainage. Any commission decision may be appealed to the board within twenty days. Any board decision may be appealed to the circuit court of the county wherein the dispute arose within twenty days. Any circuit court decision may be appealed in the same manner as any other circuit court decision. If such final decision has been reached, including final decision on any appeal, the owner of the drainage right shall record the final decision within thirty days in order for the right to become vested. No county, township, or municipality is required to register its natural drainage rights.
Source:
SL 1985, ch 362, §31; SL 1986, ch 379, §1; SL 1987, ch 338; SL 1991, ch 374.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-31.1 - Notice of recording requirements.

46A-10A-31.1. Notice of recording requirements.
On or before July 1, 1988, each county shall provide notice of the recording requirements set forth in §46A-10A-31, by publishing a notice, once a week for two consecutive weeks in at least one official county newspaper.
Source:
SL 1986, ch 379, §2.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-31.2 - Local governments exempt from recording requirements.

46A-10A-31.2. Local governments exempt from recording requirements.
No county, municipality, or township may be required to record any highway right-of-way as a drainage right pursuant to this chapter.
Source:
SL 1987, ch 339.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-32 - Copy of recorded vested right to department.

46A-10A-32. Copy of recorded vested right to department.
After a vested drainage right is recorded with a county register of deeds under the provisions of §46A-10A-31, the register of deeds shall transmit a copy of the registration to the Department of Agriculture and Natural Resources.
Source: SL 1985, ch 362, §32; SL 2011, ch 165, §494; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-33 - Enforcement of chapter and official controls.

46A-10A-33. Enforcement of chapter and official controls.
The board shall provide for the enforcement of the provisions of this chapter and of ordinances, resolutions, orders, and regulations made thereunder, and may impose enforcement duties on any officer, department, agency, or employee of the county.
Source:
SL 1985, ch 362, §33.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-34 - Adjudication functions of commission or board.

46A-10A-34. Adjudication functions of commission or board.
A board may provide for appointment of its drainage commission to serve as a board of resolution and, under the regulations and controls adopted pursuant to this chapter, may provide that the board of resolution in individual cases may make, upon an affirmative vote of three-fourths of the full membership of the board of resolution, special exceptions or variances to any official controls and may reach decisions in individual drainage disputes between landowners, consistent with the provisions of §46A-10A-20. The board may constitute itself as the board of resolution. The board may further provide that specified types or categories of drainage disputes may not be heard by the board of resolution. A drainage dispute which is not within the jurisdiction of the board of resolution shall be taken directly to the circuit court of the county wherein the conflict exists.
Source:
SL 1985, ch 362, §34; SL 1986, ch 380; SL 1997, ch 256, §26.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-34.1 - Board of adjudication by mutual agreement--Jurisdiction.

46A-10A-34.1. Board of adjudication by mutual agreement--Jurisdiction.
Any other provision of law notwithstanding, any board or commission, by mutual agreement, may serve as a board of adjudication, pursuant to §46A-10A-34, for any other county. The jurisdiction of such board or commission is limited to the adjudication function specifically outlined in the agreement with the county board of the county holding jurisdiction over the drainage dispute.
Source:
SL 1986, ch 379, §11.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-35 - Appeals from commission and board--Time allowed--Commencing action in circuit court.

46A-10A-35. Appeals from commission and board--Time allowed--Commencing action in circuit court.
Any decision reached by a commission in order to settle a conflict involving drainage between landowners may be appealed to the board. Any board decision may be appealed or further appealed to the circuit court of the county wherein the conflict arose. An appeal under this section shall be commenced within twenty days of the decision being appealed. The provisions of this section notwithstanding, landowners may take a drainage conflict directly to the circuit court of the county wherein the conflict exists.
Source:
SL 1985, ch 362, §35.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-36 - Regulation and elimination of nonconforming drains.

46A-10A-36. Regulation and elimination of nonconforming drains.
The board may prescribe, by resolution as provided in §46A-10A-33, such regulations not contrary to law or §46A-10A-31, as it deems desirable or necessary to regulate and control, reduce the number or extent of or bring about the gradual elimination of nonconforming drains or drainage schemes.
Source:
SL 1985, ch 362, §36.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-37 - Amendment and repeal of drainage plan--Request by petition.

46A-10A-37. Amendment and repeal of drainage plan--Request by petition.
Regulations, restrictions, or enforcement provisions established in a drainage plan or part, adjunct, amendment, or addition thereto adopted by the board of county commissioners may from time to time be amended, supplemented, changed, modified, or repealed by action of the board of county commissioners as outlined in this chapter. Any amendment, supplement, change, modification, or repeal may be requested through a petition signed by thirty percent of the landowners in a drainage district or area requesting change.
Source:
SL 1985, ch 362, §37.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-38 - Petition by landowner for change of drainage restrictions--Notice to directly affected persons.

46A-10A-38. Petition by landowner for change of drainage restrictions--Notice to directly affected persons.
An individual landowner may petition a board or commission to change the drainage restrictions on any part of the landowner's property. The petitioning landowner shall notify all directly affected adjoining landowners and all directly affected third parties holding drainage interests by registered or certified mail of the petitioned change at least one week before any public hearing held on the petition by the board or commission. Property shall be considered as adjoining even if it is separated from the property of the petitioner by a public road or highway.
Source:
SL 1985, ch 362, §38; SL 2011, ch 165, §495.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-39 - Hearing on petition--Commission recommendation to board.

46A-10A-39. Hearing on petition--Commission recommendation to board.
Following receipt of any petition as provided in §46A-10A-37 or 46A-10A-38, the board or commission shall hold a public hearing, subject to the requirements of §46A-10A-22, and take action upon the petition, within forty-five days of receipt by a board or commission of any such petition. If a commission holds a hearing to consider the petition, it shall make a recommendation to the board.
Source:
SL 1985, ch 362, §39.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-40 - Affected person's right to be heard--Resolution adopting or rejecting proposal--Review, publication, and effective date of adoption--Election.

46A-10A-40. Affected person's right to be heard--Resolution adopting or rejecting proposal--Review, publication, and effective date of adoption--Election.
At any public hearing held pursuant to §46A-10A-39, any affected person may appear and request or protest the requested change. The board or commission shall thereafter by resolution either adopt or reject such change, modification, or repeal and, if it is adopted by the board or commission, a summary shall be prepared by the board or commission, shall be reviewed by the state's attorney, shall be published once in the official newspaper in the county and shall take effect on the twentieth day after its publication. The provisions of §46A-10A-25 are applicable hereto.
Source:
SL 1985, ch 362, §40.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-41 - Drainage plan or official controls for municipality--Approval or contract by municipality required for effectiveness.

46A-10A-41. Drainage plan or official controls for municipality--Approval or contract by municipality required for effectiveness.
The governing body of any municipality may request a county board or drainage commission to submit to the governing body a drainage plan for the municipality setting forth such provisions as the board or drainage commission deems applicable to the municipality for its best interests or to prepare official controls to apply to the area within the municipality. Adoption of a drainage plan and recommendations for the municipality notwithstanding, the plan and recommendations may not become binding within the boundaries of the municipality until official controls are adopted by the municipality in accordance with the plan, unless the board or commission has entered into a contract under §46A-10A-12.
Source:
SL 1985, ch 362, §41.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-42 - Jurisdiction of incorporated municipality.

46A-10A-42. Jurisdiction of incorporated municipality.
Nothing in this chapter other than the voluntary provisions of §46A-10A-12 may be construed to prevent or modify the powers of an incorporated municipality from exercising drainage jurisdiction within the corporate limits and from exercising jointly with the county board or drainage commission the drainage authority outside of the corporate limits.
Source:
SL 1985, ch 362, §42.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-43 - Drainage district continuation and dissolution--County plan to include districts, vested rights and plans or projects of local government units and coordinated drainage areas.

46A-10A-43. Drainage district continuation and dissolution--County plan to include districts, vested rights and plans or projects of local government units and coordinated drainage areas.
Any drainage district established under the laws of this state that has functioned in its capacity as a drainage district within three years prior to July 1, 1985 or that has assessed real property in its capacity as a drainage district within three years prior to July 1, 1985 shall be allowed to continue in that status. However, the landowners in such existing drainage district may choose by majority vote at a general election under the general election laws of this state to dissolve in order to join one or more drainage projects or drainage methods or to become or join a coordinated drainage area. Any county drainage plan shall include functioning drainage districts, vested rights described in §46A-10A-31, the drainage plans or projects of a unit of local government and existing coordinated drainage areas formed pursuant to §46A-10A-47.
Source:
SL 1985, ch 362, §43.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-43.1 - Petition for future maintenance of drain jointly and voluntarily maintained by landowners within ten years of July 1, 1985.

46A-10A-43.1. Petition for future maintenance of drain jointly and voluntarily maintained by landowners within ten years of July 1, 1985.
Notwithstanding §46A-10A-43, if within ten years prior to July 1, 1985, three or more landowners have jointly maintained a legal drain by voluntarily contributing the cost of maintenance without establishing a drainage district or without special assessments as provided in chapter 46A-11, the landowners may petition the board to provide for future maintenance, improvement, and repair of the drain.
Source:
SL 1988, ch 366, §1.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-43.2 - Signing of petition--Contents.

46A-10A-43.2. Signing of petition--Contents.
The petition shall be signed by sixty percent of the resident landowners served by the drain. The petition shall describe the past plan of voluntary contributions, describe the drain by its initial point, terminal point, and general course, or by its exact course in whole or in part, provide a general description of the territory likely to be affected and list the owners of the land served, if known. The petition shall include a statement that the owners agree to the future maintenance and assessment of the drain by the board.
Source:
SL 1988, ch 366, §2.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-43.3 - Presentation of petition--Filing--Transmittal to Department of Agriculture and Natural Resources--Hearing.

46A-10A-43.3. Presentation of petition--Filing--Transmittal to Department of Agriculture and Natural Resources--Hearing.
A petition may be presented at any regular or special meeting of the board, and, if in proper form, shall be ordered filed with the county auditor, who shall transmit a copy of the petition to the Department of Agriculture and Natural Resources. The board shall hold a hearing on the petition within thirty days.
Source: SL 1988, ch 366, §3; SL 1991, ch 17 (Ex. Ord. 91-4), §17; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-43.4 - Opportunity to appear at hearing--When granted--Resolution by board as to maintenance of drain.

46A-10A-43.4. Opportunity to appear at hearing--When granted--Resolution by board as to maintenance of drain.
At a hearing held pursuant to the provisions of §§46A-10A-43.1 to 46A-10A-43.4, inclusive, any interested person may appear in regard to any matter in the petition. After the board has heard and considered the petition, it shall grant the petition if it complies with the provisions of §§46A-10A-43.1 and 46A-10A-43.2. The board shall by resolution provide for the maintenance, improvement, and repair of the drain as provided in §46A-10A-80, shall give the drain a name and shall file a certified copy of the resolution in the office of the register of deeds.
Source:
SL 1988, ch 366, §4.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-44 - Recommendation that state's attorney seek injunction or other court action to prevent or abate violation.

46A-10A-44. Recommendation that state's attorney seek injunction or other court action to prevent or abate violation.
In the event of a violation or a threatened violation of an ordinance, resolution, regulation, restriction, or other official control adopted pursuant to this chapter, a board or commission, in addition to other remedies, may recommend the county state's attorney seek an injunction or other appropriate action or proceeding in a court of competent jurisdiction to prevent, restrain, correct, or abate such violation or threatened violation.
Source:
SL 1985, ch 362, §44.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-45 - Mandamus proceedings authorized.

46A-10A-45. Mandamus proceedings authorized.
Any taxpayer of a county may institute mandamus proceedings in circuit court to compel performance by the proper official or officials of any nondiscretionary duty required by this chapter and by any ordinance adopted thereunder.
Source:
SL 1985, ch 362, §45.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-46 - Control of drainage construction, rehabilitation, or methods--Approval of board.

46A-10A-46. Control of drainage construction, rehabilitation, or methods--Approval of board.
Any board or commission may adopt drainage ordinances, resolutions, or regulations to control individual drainage construction or rehabilitation or such drainage methods by groups of landowners within the county. Such ordinances, resolutions, or regulations shall be consistent with the principles outlined in §46A-10A-20. Any drainage ordinances, resolutions, or regulations adopted by a commission shall further be approved by the board before going into effect.
Source:
SL 1985, ch 362, §46; SL 1986, ch 379, §6.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-47 - Coordinated drainage area--Application for establishment--Inconsistency with county plan or controls barring formation--Validity of information in county in process of adopting plan or controls.

46A-10A-47. Coordinated drainage area--Application for establishment--Inconsistency with county plan or controls barring formation--Validity of information in county in process of adopting plan or controls.
Whenever an area within a county and not within a municipality becomes so situated that drainage area coordination becomes advisable, persons within the area may apply to the board or the commission, if one exists, to establish the area as a coordinated drainage area pursuant to this chapter. A board or commission may not form a coordinated drainage area if it is inconsistent with a county-wide drainage plan and ordinances or other controls which have been adopted. The formation of a coordinated drainage area is valid in a county that is in the process of adopting a county-wide drainage plan and ordinances or other controls until such are in place.
Source:
SL 1985, ch 362, §47.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-48 - Survey and map of proposed coordinated drainage area required--Availability for examination.

46A-10A-48. Survey and map of proposed coordinated drainage area required--Availability for examination.
Any person making application for establishment of a coordinated drainage area shall first obtain an accurate survey and map of the territory intended to be embraced within the limits of such area, showing the boundaries and area thereof. The accuracy thereof shall be verified by affidavit of a licensed surveyor. The survey and map, when completed and verified, shall be left at a convenient public office, to be designated by the county auditor of the county in which the application is filed, within the area for a period of not less than twenty days for examination by those having an interest in the application.
Source:
SL 1985, ch 362, §48.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-49 - Form, verification, signatures, filing, and presentation of application for establishment of area.

46A-10A-49. Form, verification, signatures, filing, and presentation of application for establishment of area.
An application for establishment of a coordinated drainage area shall be a petition verified by one or more applicants by affidavit stating that the affiant or affiants personally witnessed the signatures thereon and believe them to be genuine and shall be signed by not less than twenty-five percent of the landowners residing within the area. It shall be filed with the county auditor and presented to the board or commission for consideration at its next meeting.
Source:
SL 1985, ch 362, §49.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-50 - Order establishing area subject to voters' approval--Notice of election--Exemption from election requirement.

46A-10A-50. Order establishing area subject to voters' approval--Notice of election--Exemption from election requirement.
If the board or commission is satisfied that the requirements of this chapter have been fully met, it shall make an order declaring that such area, with the assent of the landowners thereof, shall be a coordinated drainage area as specified in the application. It shall also include in such order a notice for an election of the landowners residing in the proposed area, at polling places designated by the board, on a day within one month, to determine whether the area shall become a coordinated drainage area. However, if the landowners signing the petition represent a majority of the resident landowners in the area, no election need be held.
Source:
SL 1985, ch 362, §50.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-51 - Publication of election notice.

46A-10A-51. Publication of election notice.
The board or commission shall give ten days' notice of an election held under §46A-10A-50 by publication in an official newspaper in the proposed coordinated drainage area.
Source:
SL 1985, ch 362, §51.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-52 - Hours polls open--Costs of election.

46A-10A-52. Hours polls open--Costs of election.
At any election to establish a coordinated drainage area held under this chapter, the polls shall be kept open from 7:00 a.m. until 7:00 p.m. The county shall bear the costs of the election.
Source:
SL 1985, ch 362, §52; SL 2006, ch 28, §8.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-53 - Establishment of area effective on voters' approval--Waiting period after rejection by voters.

46A-10A-53. Establishment of area effective on voters' approval--Waiting period after rejection by voters.
A vote to establish a coordinated drainage area shall be by ballot in the form provided by the board. If a majority of those voting favor the establishment, the area shall from that time be deemed a coordinated drainage area by order of the board. If a majority vote against the establishment, no further proceedings may be taken thereon for a period of two years.
Source:
SL 1985, ch 362, §53.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-54 - Appointment and duties of election officers--Order declaring area established--Conclusiveness of order.

46A-10A-54. Appointment and duties of election officers--Order declaring area established--Conclusiveness of order.
The board or commission shall appoint three judges, who shall elect one of their members as superintendent, to conduct an election to establish a coordinated drainage area. After the vote is cast and canvassed, the judges shall make a verified statement showing the number of ballots cast, together with the number voting for and the number voting against establishment, and shall return the results to the board or commission at its next meeting. After the canvass of such election, the board or commission shall make an order declaring that the coordinated drainage area has been established if the results of the election favor establishment. Subject to appropriate judicial review, such order shall be conclusive of the fact of establishment.
Source:
SL 1985, ch 362, §54; SL 1986, ch 379, §7.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-55 - Expenditure of county funds for application for coordinated drainage area--Assessment of costs from benefiting landowners.

46A-10A-55. Expenditure of county funds for application for coordinated drainage area--Assessment of costs from benefiting landowners.
The board is authorized to expend funds of the county, in the manner and to the extent permitted by law for other county expenditures, in the payment of necessary costs of preparation of petitions, surveys, maps, and applications submitted under the provisions of §§46A-10A-47 to 46A-10A-49, inclusive. The board may assess, levy, and collect such costs from any landowner benefiting from a coordinated drainage area in the same manner as provided for construction of drains elsewhere in this chapter and chapter 46A-11.
Source:
SL 1985, ch 362, §55; SL 1986, ch 379, §8.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-56 - Public lands subject to drainage laws--Service of notices--Appearance by board or officer in charge.

46A-10A-56. Public lands subject to drainage laws--Service of notices--Appearance by board or officer in charge.
All state public or school lands are subject to drainage laws. In any drainage proceeding affecting such lands, notices required by law to be given by publication and posting shall be served upon the commissioner of school and public lands at least thirty days before the time of the hearing. Such service may be made upon the commissioner in person, by service at the commissioner's office with the person in charge, or by registered or certified mail. If the land affected by the drainage proposal is not under the commissioner's control, the commissioner shall transmit a copy of the notice to the board or officer in charge of the land. The board or officer in charge of the land may appear at any such hearing or proceeding on behalf of the state.
Source:
SL 1985, ch 362, §56; SL 2011, ch 165, §496.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-57 - Responsibilities for drainage projects.

46A-10A-57. Responsibilities for drainage projects.
A commission, if one is established, may discuss and make recommendations on drainage projects, but the board shall be responsible for the petition process, hearing process, bidding process, construction process, and maintenance of drainage projects. Drainage project processes shall be as outlined under §§46A-10A-58 to 46A-10A-97, inclusive.
Source:
SL 1985, ch 362, §57.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-58 - Signatures required for board action on drainage project petition.

46A-10A-58. Signatures required for board action on drainage project petition.
The board may act upon a written drainage project petition only if it is signed by a majority of the resident owners of lands described in the petition who are likely to be affected by the proposed drainage. If potentially affected land is sold under a contract for deed which is of record in the office of the register of deeds, both the seller and the purchaser of the land shall be treated as owners.
Source:
SL 1985, ch 362, §58.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-59 - Contents of drainage project petition.

46A-10A-59. Contents of drainage project petition.
A project petition shall explain the necessity for the project, shall give a description of the proposed project route by its initial points, terminal points, and general course, or by its exact course in whole or in part, and shall give a general statement of the territory likely to be affected. Such project petition shall include an assessment of impact, environmental or otherwise, on any public property or public property right within the affected territory.
Source:
SL 1985, ch 362, §59.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-60 - Presentation and filing of petition--Time for board action--Copy to department.

46A-10A-60. Presentation and filing of petition--Time for board action--Copy to department.
A petition may be presented at any regular or special meeting of the board, and, if proper in form, shall be ordered filed with the county auditor. The board shall act within thirty days on all drainage project petitions. Upon receiving a petition, the county auditor shall transmit a copy to the Department of Agriculture and Natural Resources.
Source: SL 1985, ch 362, §61; SL 2011, ch 165, §497; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-61 - Survey and report contracted by board--Contents--Right of entry--Copy to department.

46A-10A-61. Survey and report contracted by board--Contents--Right of entry--Copy to department.
If the board determines it is necessary, it shall contract for a survey of the proposed drainage to be made by an engineer selected by the board. The survey and subsequent report shall show the starting point, the route, the terminus of any proposed ditch or drain or other improvement, and the course and length of any drain through each tract of land, together with the number of acres from each tract required for construction of improvements. The survey and report shall show the elevation of all lakes, ponds, and sloughs or depressions in the project and the boundary of the proposed project, to include all land that will be benefited by the proposed improvements. The survey and report shall include the approximate location of watersheds within the district, a description of each tract of land within the district, and the names of the owners and shall identify that tract of land most likely to receive average benefit from the project. The survey and report shall estimate the probable cost and shall include other facts and recommendations the engineer deems material so the board may determine the feasibility of the project. The survey may extend to lands other than those affected by the proposed project to determine the best practical method of draining the entire area under study. For the purpose of inspection or surveys, board members, engineers, or their employees may enter upon any land traversed by the proposed project that, in their judgment, is likely to be affected. The county auditor shall furnish the Department of Agriculture and Natural Resources a copy of the engineer's report and all maps and plans prepared by the engineer.
Source: SL 1985, ch 362, §62; SL 2011, ch 165, §498; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-62 - Survey report to be written--Inspection--Scheduling hearing--Notice requirements.

46A-10A-62. Survey report to be written--Inspection--Scheduling hearing--Notice requirements.
The report required by §46A-10A-61 shall be in writing to the board and shall be maintained with the petition. The report shall be available for inspection and copying by interested parties during regular business hours. Upon receipt of an engineer's report, the county auditor shall set a time and place for a hearing on the petition and shall give notice thereof by publication at least once each week for at least two consecutive weeks in a legal newspaper of the county, to be selected by the auditor. The notice shall give a description of each tract of land affected by the proposed project and the names of owners and all directly affected third parties holding drainage interests. If any portion of a municipality is included within a proposed district, the notice is sufficient if it sets forth the boundaries of the municipal territory proposed to be included within the project without listing individual lots, parts of lots, parcels of land, or the names of the owners thereof and if it refers interested persons to the files in the proceeding for further particulars. The notice shall summon all persons affected by the proposed drainage to appear at the hearing and testify regarding the proposed project. The notice also shall summon all persons deeming themselves damaged by the proposed project or claiming compensation for lands proposed to be taken for the project to present their claims at the hearing.
Source:
SL 1985, ch 362, §63.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-63 - Appearances at hearing--Establishment of project--Variation from report--Adjournment of hearing--Notices.

46A-10A-63. Appearances at hearing--Establishment of project--Variation from report--Adjournment of hearing--Notices.
At a hearing, any interested person may appear in regard to statements in the petition, matters set forth in the engineer's report or the overall construction plan of the project. After a hearing, the board may establish the project as set forth in the engineer's report or may amend and establish the project in accordance with an amendment of the engineer's report. If the board deems it best to vary the route, materially change the initial or terminal points of the proposed project or increase the width of land to be taken for the proposed project, the board shall adjourn the hearing and give the owners of the land affected by the project change notice as in the original hearing. If the proposed project does not have sufficient fall to drain lands as intended or will not dispose of water properly, it shall be extended as necessary, the hearing shall be adjourned and notice shall be given as in the original hearing, to all owners of land affected by the extension.
Source:
SL 1985, ch 362, §64.