reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-2 - Elector defined.

46A-4-2. Elector defined.
The term, elector, as used in this chapter and chapters 46A-5 to 46A-7, inclusive, means any person, the United States of America, the State of South Dakota or any political subdivision of the state, or any corporation authorized to do business in the state and owning not less than thirty-five acres of land within any district. If the elector is the owner or entryman of land in more than one division of the irrigation district and resides without the district, the elector is considered an elector in the division of the district in which the major portion of the elector's land is situated. If the qualifying thirty-five acres or more of land is sold under a contract for deed which is of record in the office of the register of deeds of the county, both the landowner and the individual purchaser of the land, as named in the contract for deed, shall be treated as an elector.
Source:
SDC 1939, §61.0801; SL 1947, ch 417, §1; SL 1963, ch 455, §1; SDCL §46-12-2; SL 1979, ch 299, §1; SL 1984, ch 294, §2; SL 2011, ch 165, §331.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-3 - Petition to organize irrigation district--Number of signers--Boundaries to be described--Request for organization.

46A-4-3. Petition to organize irrigation district--Number of signers--Boundaries to be described--Request for organization.
A petition to organize an irrigation district shall be presented to the Board of Water and Natural Resources and signed by twenty-five percent of the electors of the proposed irrigation district. The petition shall include the legal description of all the lands proposed for inclusion in the district and shall request that the proposed district be organized under the provisions of this chapter.
Source:
SDC 1939, §61.0802; SL 1947, ch 417, §2; SL 1963, ch 455, §2; SDCL, §46-12-3; SL 1984, ch 294, §3.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-3.1 - Petition--Signing by electors--Form--Affidavit of circulator.

46A-4-3.1. Petition--Signing by electors--Form--Affidavit of circulator.
Each elector signing a petition shall add to the elector's signature, in the elector's own handwriting, the elector's post office address, the legal description of sufficient land to qualify as an elector, and the date of signing. The petition may contain any number of pages, and each page shall have an identical heading. Any number of identical petition forms may be circulated as a part of the petition. Every page of a petition containing signatures shall have below the signatures an affidavit by the circulator in substantially the following form:
State of South Dakota)
) SS
County of ______________)
I, the undersigned, being first duly sworn, depose and say that I am the circulator of the foregoing petition containing __________ signatures; that each person whose name appears on the petition sheet personally signed the petition in the presence of the affiant; that the affiant believes that each of the signers is an owner or entryman of the land described opposite the signer's signature, to be included within the proposed district, and residing at the address written opposite the signer's name; and that affiant stated to every petitioner before the petitioner affixed his or her signature the legal effect and nature of the petition.
___________________________________
Circulator
Subscribed and sworn to before me this ________ day of ________, 20____.
___________________________________
Notary Public
Source:
SL 1984, ch 294, §4; SL 2011, ch 165, §332.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-4 - Petition for formation of irrigation district--Map of proposed district to accompany, contents.

46A-4-4. Petition for formation of irrigation district--Map of proposed district to accompany, contents.
When a petition is filed with the Board of Water and Natural Resources, it shall be accompanied by a map of the proposed district. The map shall show at an appropriate scale the location of the proposed canal or the works intended to irrigate the lands of the proposed district and the canals situated within the boundaries of the proposed district, except those canals that merely pass through the lands and do not irrigate any of those lands. If the water supply is from a natural stream, the flow of the stream shall be stated in cubic feet per second. If the water supply for the district is to be gathered by a storage reservoir, the map shall show the location of the proposed reservoir and shall give its capacity in acre-feet. Cross sections of proposed canals and all proposed dams and embankments shall be submitted in sufficient detail to show the contemplated method of construction. The capacity shall be stated in cubic feet per second of such proposed and such existing canals. The map and cross sections shall be certified as accurate by a competent irrigation engineer.
Source:
SDC 1939, §61.0802; SL 1947, ch 417, §2; SL 1963, ch 455, §2; SDCL, §46-12-4; SL 1984, ch 294, §5.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-4.1 - Notice of hearing to consider petition--Publication--Contents--Approval of petition--Fixing date for election.

46A-4-4.1. Notice of hearing to consider petition--Publication--Contents--Approval of petition--Fixing date for election.
After a petition is filed with the Board of Water and Natural Resources, the board shall publish a notice of a hearing to consider the petition. The publication shall be once a week for two consecutive weeks in at least one official newspaper in each county where any portion of the proposed district will lie. The second publication may not be more than thirty nor less than twenty days before the hearing. The notice shall inform landowners of their right to inclusion or exclusion of their lands in the proposed district pursuant to §§46A-4-8 and 46A-4-12. After determining that the petition is in compliance with the provisions of this chapter, the board shall examine the petition, maps, related documents, and statements of interested persons. If necessary, the board shall further examine the proposed district, the works proposed to be utilized and the proposed location of the works. If the board determines that the proposed district is feasible and practicable, it shall by resolution approve the formation of an irrigation district as set forth in the petition, including any modifications of boards, and fix a date for an election on the question of formation.
Source:
SL 1984, ch 294, §6; SL 1986, ch 27, §49.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-8 - Inclusion in irrigation district of lands capable of being irrigated from works in proposed district.

46A-4-8. Inclusion in irrigation district of lands capable of being irrigated from works in proposed district.
Upon application of the owner or entryman prior to the board's hearing on the question of district formation, the Board of Water and Natural Resources shall include lands capable of being irrigated from the proposed works in the proposed district, if the board determines that the inclusion of the lands is feasible and will not unreasonably compromise the ability of feasibly irrigable lands originally proposed for inclusion by petitioners to obtain the water to which they would be entitled and capable of receiving from the proposed district.
Source:
SDC 1939, §61.0802; SL 1947, ch 417, §2; SDCL, §46-12-8; SL 1984, ch 294, §10.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-9 - Ditches or canals constructed before July 1, 1917, and lands watered by them--Exemption--Rights of ditches already constructed.

46A-4-9. Ditches or canals constructed before July 1, 1917, and lands watered by them--Exemption--Rights of ditches already constructed.
Any ditch or canal constructed before July 1, 1917, of sufficient capacity to water the lands for which the water was appropriated, together with the land subject to be watered by the ditch, canal, or franchise, is exempt from the operation of this chapter, unless an irrigation district is formed under the provisions of this chapter for the purpose of purchasing the ditches, canals, and franchises. This chapter and chapters 46A-5 to 46A-7, inclusive, do not affect the rights of ditches already constructed.
Source:
SDC 1939, §61.0801; SL 1947, ch 417, §1; SL 1963, ch 455, §1; SDCL §46-12-9; SL 2011, ch 165, §333.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-10 - Holding or taxing nonirrigable land for irrigation purposes.

46A-4-10. Holding or taxing nonirrigable land for irrigation purposes.
In no case may any land be held by any district or taxed for irrigation purposes if the land cannot from any natural cause be irrigated by the district.
Source:
SDC 1939, §61.0832; SDCL §46-12-10; SL 2011, ch 165, §334.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-12 - Change in proposed boundaries by board--Exclusion of certain lands from district.

46A-4-12. Change in proposed boundaries by board--Exclusion of certain lands from district.
The Board of Water and Natural Resources may make changes in the proposed boundaries as it deems proper and shall exclude from the district proposed by the petitioners land that is not susceptible of irrigation by the proposed system of works. The board may not allow land which will not be benefited by irrigation by the system of works or a portion thereof to be included in the proposed district. Upon written request by an owner or entryman before the board's hearing on the question of formation, the board shall exclude the owner's or entryman's land from the proposed district.
Source:
SDC 1939, §61.0802; SL 1947, ch 417, §2; SDCL §46-12-12; SL 1984, ch 294, §12; SL 2011, ch 165, §335.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-14 - District divided into divisions by board--Size and number--Election of directors--Terms--Assessment of property within district.

46A-4-14. District divided into divisions by board--Size and number--Election of directors--Terms--Assessment of property within district.
The Board of Water and Natural Resources shall make an order by resolution dividing the proposed district into three, five, or seven divisions as nearly equal in size as practicable. However, if the proposed irrigation district includes less than fifty electors, the board may establish the number of directors at not less than three and may permit the directors to be elected at large within the boundaries of the district. The board shall establish staggered terms of one to three years for the directors to be elected at the first election and all directors shall be elected for three-year terms thereafter. The county director of equalization shall assess the property within a district pursuant to this chapter.
Source:
SDC 1939, §61.0802; SL 1947, ch 417, §2; SDCL, §46-12-14; SL 1976, ch 275, §2; SL 1984, ch 294, §14; SL 1989, ch 82, §35; SL 1991, ch 17 (Ex. Ord. 91-4), §17.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-14.1 - Division representing tribal or trust lands--Excepted from chapter.

46A-4-14.1. Division representing tribal or trust lands--Excepted from chapter.
In any existing or proposed irrigation district containing Indian tribal or trust lands, the Board of Water and Natural Resources shall establish one division to represent all such tribal and trust lands upon application of any holder of Indian trust land, including an Indian tribe. The appropriate tribe shall appoint the director for that division and shall fill any vacancy in that office. If a holder of trust lands who has applied for inclusion within the district does not wish to be represented by the tribal representative, the Board of Water and Natural Resources shall include the land in one of the other divisions of the district. The other provisions of this chapter pertaining to the nomination of director candidates, the election of directors, and the filling of vacant director positions do not apply to the division representing tribal and trust lands or to any director or candidate for director for the division representing tribal or trust lands.
Source:
SL 1986, ch 376, §2.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-15 - Notice of election on proposed district--Date of election--Contents of notice--Publication--Ballot form.

46A-4-15. Notice of election on proposed district--Date of election--Contents of notice--Publication--Ballot form.
The Board of Water and Natural Resources shall then give notice of an election for the purpose of determining if the proposed district shall be organized under the provisions of this chapter. The election shall be conducted as provided in §§6-16-4 to 6-16-6, inclusive.
Source:
SDC 1939, §61.0802; SL 1947, ch 417, §2; SDCL, §46-12-15; SL 1972, ch 239, §2; SL 1978, ch 326, §1; SL 1984, ch 294, §15; SL 1998, ch 36, §51.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-17 - Persons qualified to vote at elections.

46A-4-17. Persons qualified to vote at elections.
No person may vote at any election held under the provisions of this chapter unless the person is a qualified elector as provided in §46A-4-2.
Source:
SDC 1939, §61.0802; SL 1947, ch 417, §2; SDCL §46-12-17; SL 2011, ch 165, §336.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-18 - Corporate ownership of lands within proposed or existing irrigation districts--Designation of agent to vote in behalf of elections for organization of district.

46A-4-18. Corporate ownership of lands within proposed or existing irrigation districts--Designation of agent to vote in behalf of elections for organization of district.
Where lands which are within a proposed or existing irrigation district are owned by a corporation, by the United States, or by this state, such corporation, and any department or agency of the United States or of this state, in order to participate in any district election, by an instrument in writing, executed and acknowledged by the proper officer or officers of such corporation, department, or agency, shall designate an agent to vote in its behalf. Such instrument shall be presented to and filed with the county auditor by such agent.
Source:
SDC 1939, §61.0802 as added by SL 1947, ch 417, §2; SDCL, §46-12-18.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-19 - Election procedure--Applicability of general laws--Resolution declaring district organized--District as political subdivision.

46A-4-19. Election procedure--Applicability of general laws--Resolution declaring district organized--District as political subdivision.
If a majority of all the votes cast are "Irrigation District-Yes," the board shall, by resolution, declare the territory duly organized as an irrigation district, under the name and style designated. Upon filing of a true copy of the resolution with the secretary of state, the irrigation district shall become a political subdivision of the state with the authority, powers, and duties prescribed in chapters 46A-4 to 46A-7, inclusive.
Source:
SDC 1939, §61.0803; SDCL, §46-12-19; SL 1984, ch 294, §18; SL 1993, ch 256, §71; SL 1998, ch 36, §54.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-20 - Resolution declaring district organized--Filing for record.

46A-4-20. Resolution declaring district organized--Filing for record.
The Board of Water and Natural Resources shall file a copy of the resolution immediately for record in the office of the register of deeds of each county in which any of the land is situated. The board shall also immediately forward a copy of the resolution to the county auditor of each of the counties in which any portion of the district may lie.
Source:
SDC 1939, §61.0803; SDCL, §46-12-20; SL 1984, ch 294, §19.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-21 - Election of director for each division.

46A-4-21. Election of director for each division.
There shall be elected at the same election one director for each division.
Source:
SDC 1939, §61.0803; SDCL, §46-12-21; SL 1978, ch 325, §1; SL 1978, ch 326, §3; SL 1984, ch 294, §20.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-22 - Unentered public lands a major portion of district--Appointment of majority of directors by secretary of interior--Term of office.

46A-4-22. Unentered public lands a major portion of district--Appointment of majority of directors by secretary of interior--Term of office.
If the majority of the lands within the district are unentered public lands, a majority of the board of directors shall be appointed by the secretary of the interior. The directors shall be residents of the state and are subject to removal from office, and any vacancy shall be filled by the secretary of the interior. The directors shall hold office until the unentered public lands within the district constitute a minority of the total area, after which a general election shall be called by the board of directors, when their successors shall be elected.
Source:
SDC 1939, §61.0803; SDCL §46-12-22; SL 2011, ch 165, §337.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-23 - Directors elected at large as a result of appointment of majority of directors by secretary of interior--Term of office.

46A-4-23. Directors elected at large as a result of appointment of majority of directors by secretary of interior--Term of office.
If a majority of said board of directors are appointed by the secretary of the interior, as provided for in this chapter, then the remaining directors shall be elected at large within the entire irrigation district for terms of three years each, which terms, however, shall be limited to and expire at the same time as the terms of members appointed by the secretary of the interior, after which the directors shall be elected in the same manner and for the same terms as provided herein in the case of the first general election of directors.
Source:
SDC 1939, §61.0804; SDCL, §46-12-23.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-24 - Directors elected at election to establish district--Terms of office--Tie election, procedure.

46A-4-24. Directors elected at election to establish district--Terms of office--Tie election, procedure.
At the election to establish the district, if the district is divided into three divisions, the member of the board of directors from division one shall be elected for a term of three years; the member from division two shall be elected for a term of two years; and the member from division three shall be elected for a term of one year. If the district is divided into five or seven divisions, the members of the board from divisions one and two shall be elected for terms of three years; the members from divisions three and four shall be elected for terms of two years and the remaining members of the board shall be elected for a term of one year. In case of a tie, the election shall be determined as provided in chapter 12-21.
Source:
SDC 1939, §61.0804; SDCL, §46-12-24; SL 1984, ch 294, §21.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-25 - Annual election of directors--Nomination--Election by receiving highest number of votes.

46A-4-25. Annual election of directors--Nomination--Election by receiving highest number of votes.
Each year after establishing the district, there shall be elected for a term of three years one or more members of the board of directors, as the case may be. The member of the board of directors from each division shall be nominated as provided in this chapter and shall be elected by receiving the highest number of votes cast by the electors of the division in the irrigation district for which the member is to serve as a director. The regular election of such districts shall be held on the last Tuesday in October.
Source:
SDC 1939, §61.0804; SDCL §46-12-25; SL 1976, ch 276, §1; SL 1984, ch 294, §22; SL 2011, ch 165, §338.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-26 - Hours of voting.

46A-4-26. Hours of voting.
Notwithstanding any other provision of this chapter and chapters 46A-5 to 46A-7, inclusive, the provisions of the general election law concerning the hours during which polls shall be open for voting shall apply to each irrigation district annual election.
Source:
SDC 1939, §61.0806; SDCL, §§46-12-25.1, 46-12-34; SL 1978, ch 327, §1; SL 1998, ch 36, §55.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-27 - Directors to be electors of division--Residence.

46A-4-27. Directors to be electors of division--Residence.
Each director shall be an elector of the division which the director represents; or the director shall be an elector of the district, if elected at large. Each director shall reside within the district or within fifteen miles of the district boundary as provided by the bylaws.
Source:
SDC 1939, §61.0803; SDCL, §§46-12-21, 46-12-25.2; SL 1978, ch 325, §2; SL 1984, ch 294, §23; SL 2003, ch 232, §1.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-27.1 - Transmittal of election results.

46A-4-27.1. Transmittal of election results.
The results of the election for the organization of the district shall be transmitted to the Board of Water and Natural Resources.
Source: SL 1984, ch 294, §24; SL 1986, ch 376, §3; SL 1998, ch 36, §56.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-28 - Nominating petition for directors--Filing--Form--Signers.

46A-4-28. Nominating petition for directors--Filing--Form--Signers.
Subsequent to the election for organizing the district and for the first set of directors, the directors shall be nominated by filing with the auditor of the county or counties where the district is located, not less than forty-five days before any annual election, nominating petitions for the vacancies to be filled. The petitions shall be in the form prescribed by the State Board of Elections. To nominate directors by division, the petitions shall be signed by at least ten qualified electors of the district division or ten percent of the qualified electors of the division, whichever is less. To nominate directors at large, the petitions shall be signed by at least twenty-five qualified electors of the district or ten percent of the qualified electors of the district, whichever is less. No petition may contain the name of more than one candidate for any vacancy to be filled, but each elector may sign as many petitions as there are directors to be elected and no elector may sign more than one petition for any particular vacancy.
Source:
SDC 1939, §61.0805; SL 1947, ch 417, §3; SDCL, §46-12-26; SL 1975, ch 276, §1; SL 1984, ch 294, §25; SL 1985, ch 359; SL 1986, ch 376, §4.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-30 - Election not required where no question or contest--Retention of office by incumbent.

46A-4-30. Election not required where no question or contest--Retention of office by incumbent.
If there is no question to be submitted to the electors and if only one nominating petition for any vacancy to be filled has been filed, then no election may be held to fill the vacancy; and the secretary shall issue a certificate of election to the nominee in the same manner as to a successful candidate after election. If no nominating petition has been filed, the incumbent is entitled to remain in office for an additional term.
Source:
SDC 1939, §61.0805; SL 1947, ch 417, §3; SDCL §46-12-28; SL 1984, ch 294, §27; SL 1987, ch 332, §2; SL 2011, ch 165, §339.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-31 - Notices of election after organization of district--Publication and posting.

46A-4-31. Notices of election after organization of district--Publication and posting.
Before any election held subsequent to the organization of the district, the secretary of the board of directors shall publish notice of the time and place of the election once each week for at least two consecutive weeks prior to the election. The second publication shall be at least thirty days prior to the election. The notice shall be published in an official newspaper in each county where a portion of the district lies as designated by the board of directors. The secretary shall also post the notice in the office of the district.
Source:
SDC 1939, §61.0805; SL 1947, ch 417, §3; SDCL, §46-12-29; SL 1977, ch 367; SL 1984, ch 294, §28.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-32 - Elections after district organized and first set of directors elected--Voting by mail.

46A-4-32. Elections after district organized and first set of directors elected--Voting by mail.
After the election to organize the district and for the first directors, all other elections may be conducted under a system of voting by mail as may be provided in the bylaws of the district. The board of directors of any irrigation district may provide in the bylaws of the district for a system of voting by mail for resident and nonresident electors alike, in any election subsequent to the one to organize the district and for the election of the first set of directors. Such system shall afford a secret ballot and provide the general safeguards included in the absentee voting law relating to general state elections. It shall, however, be optional with the electors to return their ballots by ordinary mail or by registered or certified mail and either with or without special delivery postage.
Source:
SDC 1939, §§61.0804, 61.0856; SDCL, §46-12-30; SL 1984, ch 294, §29.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-33 - Precinct election officers--Appointment by board of directors or electors.

46A-4-33. Precinct election officers--Appointment by board of directors or electors.
Before the time for posting the notices, the board of directors shall appoint from each precinct participating in the election from the electors of the precinct, one clerk and two judges, who shall constitute a board of election for the precinct, in any election not conducted under a district system of voting by mail. If the board fails to appoint a board of election or the members appointed do not attend at the opening of the polls on the morning of election, the electors of the precinct present at the hour may appoint the board or supply the place of an absent member of the board of election. The board of directors shall, in its order appointing the board of election, designate the hour and place in the precinct where the election will be held.
Source:
SDC 1939, §61.0805; SL 1947, ch 417, §3; SDCL §46-12-31; SL 2011, ch 165, §340.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-34 - Chair of election board--Oaths.

46A-4-34. Chair of election board--Oaths.
One of the judges shall be chair of the election board and may administer all oaths required in the progress of an election. The chair may appoint judges and clerks, if during the progress of the election any judge or clerk ceases to act. Any member of the board of election, or any clerk of the board of election, may administer and certify oaths required to be administered during the progress of an election.
Source:
SDC 1939, §61.0806; SDCL §46-12-32; SL 2011, ch 165, §341.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-35 - Precinct election boards--Oaths of members, administration, and certification.

46A-4-35. Precinct election boards--Oaths of members, administration, and certification.
Before opening the polls each member of the election board must take and subscribe an oath faithfully to perform the duties imposed by law. Any elector of the precinct may administer and certify such oath.
Source:
SDC 1939, §61.0806; SDCL, §46-12-33.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-36 - Canvass of votes by board--Time and place.

46A-4-36. Canvass of votes by board--Time and place.
The board of directors shall meet at its usual place of meeting on the first Monday after each election and canvass the return. If at the time of meeting the returns from each precinct in the district in which the polls were opened have been received, the board of directors shall proceed to canvass the returns. However, if some of the returns have not been received, the canvass shall be postponed from day to day until all the returns have been received, or until postponements have been had. The canvass shall be made in public and by opening the returns and ascertaining the vote of the district for each person voted for and declaring the results of the canvass. No list, tally paper, or certificate returned from any election may be set aside or rejected for want of form if it can be satisfactorily understood.
Source:
SDC 1939, §61.0807; SDCL §46-12-35; SL 2011, ch 165, §342.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-37 - Declaration of election results--Certificate of election.

46A-4-37. Declaration of election results--Certificate of election.
The board of directors shall declare the person having the highest number of votes cast for each vacancy elected. The secretary shall immediately make out and deliver to that person a certificate of election, signed by the secretary and authenticated with the seal of the district.
Source:
SDC 1939, §61.0808; SDCL §46-12-36; SL 1984, ch 294, §30; SL 2011, ch 165, §343.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-38 - Statement of election results--Filing--Contents.

46A-4-38. Statement of election results--Filing--Contents.
The secretary of the board of directors shall, as soon as the result is declared, enter upon the records of the board and file in the office of the auditor of each county in which the district is located a statement of the results. The statement shall show:
(1)The whole number of votes cast in the district and in each division of the district;
(2)The names of the persons voted for;
(3)The office to fill which each person was voted for;
(4)The number of votes given in each precinct for each of such persons; and
(5)The number of votes given in the district for each of such persons.
Source:
SDC 1939, §61.0808; SDCL §46-12-37; SL 1975, ch 276, §2; SL 2011, ch 165, §344.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-39 - Vacancy in office of board of directors--Filling--District treasurer appointed by board.

46A-4-39. Vacancy in office of board of directors--Filling--District treasurer appointed by board.
In case of a vacancy in the office of a member of the board of directors, the vacancy shall be filled by appointment by a majority of the remaining members of the board. Any director so appointed shall hold office until the next general election of the division and until the director's successor is elected and qualified. The district treasurer shall be appointed by the board of directors and shall serve at the pleasure of the board.
Source:
SDC 1939, §61.0808; SDCL §46-12-38; SL 1984, ch 294, §31; SL 1989, ch 82, §36; SL 2011, ch 165, §345.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-40 - Elected directors--Qualifying--Term of office--Time for assumption of duties.

46A-4-40. Elected directors--Qualifying--Term of office--Time for assumption of duties.
The directors elected in compliance with §46A-4-21 may enter immediately into the duties of their respective offices upon qualifying as provided in §§46A-4-41 to 46A-4-43, inclusive, and shall hold their respective offices until the next general election for the irrigation district, when their successors are elected. The directors elected after the first election shall assume the duties of their office on the last Tuesday in November after their election and all incumbents shall hold their respective offices until their successors are elected and qualified.
Source:
SDC 1939, §§61.0803, 61.0804; SDCL, §46-12-39; SL 1976, ch 276, §3; SL 1984, ch 294, §32.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-41 - Directors' and officers' oath of office--Official bonds.

46A-4-41. Directors' and officers' oath of office--Official bonds.
Before assuming the duties of their offices, all directors and officers shall take and subscribe the official oath. The district treasurer shall execute an official bond, approved by the board of directors, in the sum of not less than one thousand dollars plus such additional amounts as shall be determined by the board of directors.
Source:
SDC 1939, §61.0804; SDCL, §46-12-40; SL 1974, ch 55, §47; SL 1977, ch 366, §1; SL 1984, ch 294, §33; SL 1989, ch 82, §37.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-42 - District appointed fiscal agent of United States to collect money for federal reclamation project--Additional bond required--Right to sue on bond.

46A-4-42. District appointed fiscal agent of United States to collect money for federal reclamation project--Additional bond required--Right to sue on bond.
If any district organized under this chapter is appointed fiscal agent of the United States or is authorized by the United States to make collections of money for and on behalf of the United States in connection with any federal reclamation project, the treasurer and each director shall execute an additional official bond in such sum as the secretary of the interior may require. The bond shall be conditioned for the faithful discharge of the duties of the office and the faithful discharge by the district of its duties as fiscal or other agent of the United States under any such appointment or authorization. The additional bonds shall be approved, recorded, and filed as provided in §46A-4-41 for other official bonds, and any such additional bonds may be sued upon by the United States or any person injured by the failure of the officer or the district fully, promptly, and completely to perform their respective duties.
Source:
SDC 1939, §61.0804; SDCL §46-12-41; SL 2011, ch 165, §346.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-43 - Bond of officers and directors--Form--Obligee--Cost of surety bonds, payment by the district.

46A-4-43. Bond of officers and directors--Form--Obligee--Cost of surety bonds, payment by the district.
All official bonds for which no specific provision is made shall be in the form prescribed by law for official bonds of county officers, except the obligee named in such bond shall be the district, and where approved surety company bonds are furnished, the cost of such bonds may be paid by the district.
Source:
SDC 1939, §61.0804; SDCL, §46-12-42.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-44 - Organization meeting of board of directors--Election of president and vice-president--Appointment of secretary.

46A-4-44. Organization meeting of board of directors--Election of president and vice-president--Appointment of secretary.
On the regular November meeting in each year the directors shall meet and organize as a board for the ensuing year, elect a president and vice-president from their number and appoint a secretary who need not be a member of the board.
Source:
SDC 1939, §61.0809; SDCL, §46-12-43; SL 1976, ch 276, §4.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-45 - Meetings of directors--Special meetings--Open to public--Quorum--Vote required for action.

46A-4-45. Meetings of directors--Special meetings--Open to public--Quorum--Vote required for action.
The board of directors shall hold regular meetings in its office each month on a day specified in the bylaws of the district at such time as the president shall designate and shall hold such special meetings as may be required for proper transaction of business. All special meetings shall be ordered by the president of the board, the order to be entered of record, and five days' notice thereof shall be given to each member unless notice is either waived in writing or by the presence of the director at the special meeting. The president shall also order a special meeting upon the request of any two directors. The order shall specify the business to be transacted and no other business than that specified shall be transacted at a special meeting. All meetings of the board shall be public. A majority of the members shall constitute a quorum for the transaction of business. Upon all questions requiring a vote there shall be a concurrence of at least a majority of the board.
Source:
SDC 1939, §61.0810; SL 1953, ch 482; SDCL, §46-12-44; SL 1976, ch 276, §5; SL 1978, ch 328; SL 1984, ch 294, §34.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-46 - Records of board of directors open for inspection--Publication of statement of proceedings--Filing of list of expenditures.

46A-4-46. Records of board of directors open for inspection--Publication of statement of proceedings--Filing of list of expenditures.
All records of the board of directors shall be open to the inspection of any elector during business hours, and the board shall cause to be published at the close of each regular or special meeting a brief statement of the proceedings of the board in one newspaper of general circulation in the district, at the legal rate for advertising legal notices. The board shall file an itemized list of all expenditures approved at any such meeting at the office of the auditor of the county or counties where the district is located within ten days of any such meeting.
Source:
SDC 1939, §61.0810; SL 1953, ch 482; SDCL §46-12-45; SL 1975, ch 276, §3; SL 2011, ch 165, §347.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-47 - Compensation of district directors--Payment from district fund.

46A-4-47. Compensation of district directors--Payment from district fund.
For the time actually and necessarily employed in the duties of their office and in attending and returning from the sessions of the board of directors, the district directors may receive travel and subsistence expense in accordance with the rules promulgated by the State Board of Finance. In addition, per diem, not to exceed the Board of Water and Natural Resources' per diem, may be paid each member for each day of actual service for attending meetings, hearings, or investigations of the irrigation district board. Travel, subsistence, and per diem shall be paid out of the district general fund on vouchers duly verified and approved according to the rules promulgated by the Board of Finance.
Source:
SDC 1939, §61.0815; SL 1967, ch 341; SDCL, §46-12-46; SL 1979, ch 299, §2; SL 1984, ch 294, §35; SL 1992, ch 319.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-48 - Powers and duties of board of directors of district--Distribution and printing of bylaws and procedures--Water rights appurtenant to land.

46A-4-48. Powers and duties of board of directors of district--Distribution and printing of bylaws and procedures--Water rights appurtenant to land.
The board of directors shall manage and conduct the business affairs of the district, make and execute all necessary contracts, employ such agents, officers, and employees as may be required and prescribe their duties, adopt a seal for such district, establish equitable bylaws and procedures for the distribution and use of water, and generally perform all such acts necessary to carry out fully the purposes of this chapter and chapters 46A-5 to 46A-7, inclusive. The bylaws and procedures shall be printed in convenient form for distribution, and all water rights shall be appurtenant to the land.
Source:
SDC 1939, §61.0809; SDCL, §46-12-47; SL 1993, ch 256, §72.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-49 - Interest in contract of district or acceptance of bribe by director or officer as felony.

46A-4-49. Interest in contract of district or acceptance of bribe by director or officer as felony.
No director or officer named in this chapter, or chapters 46A-5 to 46A-7, inclusive, may be interested in any manner, directly or indirectly, in any contract awarded, or to be awarded, by the irrigation district board, or in the profits to be derived from the contract. No such director or officer may receive any bonds, gratuity, or bribe. Any such director or officer who is interested in any manner, directly or indirectly, in any contract awarded, or to be awarded, by the board of directors provided for in chapters 46A-5 to 46A-7, inclusive, or in the profits derived from the contract, or who receives any bonds, gratuity, or bribe, is guilty of a Class 5 felony.
Source:
SDC 1939, §§61.0816, 61.9917; SDCL §46-12-48; SL 1983, ch 15, §24; SL 2011, ch 165, §348.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-50 - Change of irrigation district boundaries--Exclusion of land within boundaries.

46A-4-50. Change of irrigation district boundaries--Exclusion of land within boundaries.
The boundaries of any irrigation district organized under the provisions of this chapter may be changed, and tracts of land included within the boundaries of the district at or after its organization under the provisions of this chapter may be excluded from the district in the manner prescribed in this chapter. However, neither a change of boundaries of the district nor an exclusion of lands from the district may impair or affect its organization, or its rights in or to property, or any of its rights or privileges, of whatever kind or nature. No such boundary change or exclusion of lands may affect, impair, or discharge any contract, obligation, lien, or charge for or upon which the district is or might become liable or chargeable, had such change of its boundaries not been made or had not any land been excluded from the district.
Source:
SDC 1939, §61.0818; SDCL §46-12-49; SL 2011, ch 165, §349.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-51 - Common school and endowment irrigable lands within district--Sale--Inclusion in district.

46A-4-51. Common school and endowment irrigable lands within district--Sale--Inclusion in district.
All common school and endowment lands located within any irrigation district and susceptible of irrigation shall be offered for sale, according to law, within five years after the time water is available for irrigation, and after sale shall be included within the district as in this chapter provided for including additional lands.
Source:
SDC 1939, §61.0819; SDCL, §46-12-50.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts › Section 46A-4-52 - Assent of secretary of interior necessary for change in boundaries of district contracting with United States.

46A-4-52. Assent of secretary of interior necessary for change in boundaries of district contracting with United States.
If any contract has been made between the district and the United States as provided in chapters 46A-5 and 46A-6, no change may be made in the boundaries of the district. The board of directors may make no order changing the boundaries of the district until the secretary of the interior assents to the change in writing and the assent is filed with the board of directors.
Source:
SDC 1939, §61.0824; SDCL §46-12-51; SL 2011, ch 165, §350.