reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08 - Conservation Districts › Section 38-8-15 - Election of initial supervisors--District as governmental subdivision.

38-8-15. Election of initial supervisors--District as governmental subdivision.
At the general election that includes the referendum on the establishment of a conservation district, five supervisors shall be elected as provided in §38-8-39. The election of the supervisors is null and void if the referendum on the establishment of the district fails. The district is a governmental subdivision of this state and a public body, corporate and politic, upon the taking of the proceedings described in §§38-8-16 and 38-8-17.
Source:
SL 1937, ch 19, §§5, 7; SDC 1939, §§4.1507, 4.1509; SL 1947, ch 11; SL 1947, ch 12; SL 1953, ch 7, §1; SL 1957, ch 4, §3; SDC Supp 1960, §§4.1507 (6), 4.1509 (1); SDCL, §38-8-38; SL 1968, ch 1, §5; SL 1994, ch 316, §9.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08 - Conservation Districts › Section 38-8-16 - Application filed with secretary of state by elected supervisors--Contents--Accompanying statement by commission.

38-8-16. Application filed with secretary of state by elected supervisors--Contents--Accompanying statement by commission.
The five supervisors elected pursuant to §38-8-15 shall present to the secretary of state an application signed and sworn to by them to complete the organization of the district. The application shall contain:
(1)A statement that a petition for the creation of the district was filed with the State Conservation Commission pursuant to the provisions of this chapter, and that the proceedings specified in this chapter were taken pursuant to the petition;
(2)The name and official residence of each of the supervisors, together with a certified copy of the appointments evidencing their right to office and their term of office;
(3)The name proposed for the district;
(4)The location of the principal office for the district.
This application shall be accompanied by a statement of the State Conservation Commission setting forth the boundaries of the district and certifying that the proceedings specified in this chapter have been fulfilled.
Source:
SL 1937, ch 19, §5; SDC 1939, §4.1507; SL 1947, ch 11; SDC Supp 1960, §4.1507 (6); SL 1968, ch 1, §5; SL 1994, ch 316, §10.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08 - Conservation Districts › Section 38-8-17 - Filing and recording of application and statement--Issuance of certificate of organization.

38-8-17. Filing and recording of application and statement--Issuance of certificate of organization.
The secretary of state shall file and record the application and statement required by §38-8-16 in an appropriate book of record in his office and shall make and issue to the said supervisors a certificate, under the seal of the state, of the due organization of the said district, and shall record such certificate with the application and statement. The secretary of state shall make no charge for the services herein required.
Source:
SL 1937, ch 19, §5; SDC 1939, §4.1507; SL 1947, ch 11; SDC Supp 1960, §4.1507 (6).
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08 - Conservation Districts › Section 38-8-18 - Certificate of organization as proof of establishment of district.

38-8-18. Certificate of organization as proof of establishment of district.
In any suit, action, or proceeding involving the validity or enforcement of, or relating to, any contract, proceeding, or action of a conservation district, the district shall be deemed to have been established in accordance with the provisions of this chapter upon proof of the issuance by the secretary of state of the certificate described by §38-8-17. A copy of such certificate duly certified by the secretary of state shall be admissible in evidence in any such suit, action, or proceeding and shall be proof of the filing and contents thereof.
Source:
SL 1937, ch 19, §5; SDC 1939, §4.1507; SL 1947, ch 11; SDC Supp 1960, §4.1507 (9).
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08 - Conservation Districts › Section 38-8-19 - Petition for inclusion of additional territory--Procedure.

38-8-19. Petition for inclusion of additional territory--Procedure.
Petitions in a form approved by the State Conservation Commission for including additional territory within an existing conservation district may be filed with the commission, and the proceedings provided for in §§38-8-2 to 38-8-18, inclusive, in the case of petitions to organize a district shall be observed in the case of petitions for such inclusion. If two-thirds of the voters registered for the last general election in an area proposed for inclusion or addition to an existing district file a petition with the commission for inclusion, the area shall be included within the district.
Source:
SL 1937, ch 19, §5; SDC 1939, §4.1507; SL 1947, ch 11; SL 1959, ch 3, §5; SDC Supp 1960, §4.1507 (8); SL 1994, ch 316, §11.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08 - Conservation Districts › Section 38-8-20 - Inclusion of additional territory by amendment of charter--Notice and hearing.

38-8-20. Inclusion of additional territory by amendment of charter--Notice and hearing.
Supervisors of a conservation district are hereby authorized, to amend the district charter of organization, to include lands previously excluded from the district and lying within the district boundaries as hereinafter provided.
The conservation district supervisors shall give due notice, as determined by the supervisors, of the intent to include such lands within the district and said notice to include the time, date and place of a hearing upon the inclusion of such lands. Said notice shall be given not less than thirty days prior to the date set for said hearing. All persons attending the hearing shall have an opportunity to be heard on the proposition of including such lands within the district.
Source:
SL 1964, ch 7.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08 - Conservation Districts › Section 38-8-21 - Resolution to include additional territory--Effective date.

38-8-21. Resolution to include additional territory--Effective date.
After giving due consideration to testimony presented at the hearing required by §38-8-20, and receiving consent from the governing or administrative body having jurisdiction over such excluded territory, the conservation district supervisors may adopt a resolution including such lands within the district and file a copy of the resolution and notice of hearing with the secretary of state.
The inclusion of such lands within the district will become effective upon filing of said records with the secretary of state.
Source:
SL 1964, ch 7.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08 - Conservation Districts › Section 38-8-22 - Petition for combination or division of districts--Number of signers--Form.

38-8-22. Petition for combination or division of districts--Number of signers--Form.
Petitions may be filed with the State Conservation Commission for a hearing and referendum on the combination of two or more districts, or for the division of one or more districts and the combination of any divided part thereof with any other district or a part of a divided district. Any such petition shall be signed by at least ten percent of the voters registered at the last general election and a majority of the supervisors within each district to be affected. The commission shall prescribe the forms for such petitions.
Source:
SDC 1939, §4.1517 (1) as enacted by SL 1947, ch 13; SL 1968, ch 1, §13; SL 1994, ch 316, §12.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08 - Conservation Districts › Section 38-8-22.1 - Governing board resolution for combination or division of districts--Vote at general election.

38-8-22.1. Governing board resolution for combination or division of districts--Vote at general election.
In lieu of the petition process authorized under §38-8-22, the conservation district governing boards of the affected districts may propose and adopt a resolution calling for the combining or dividing of districts and present it to the registered voters for a vote at the next general election under the requirements of §38-8-39.
Source:
SL 2019, ch 179, §1.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08 - Conservation Districts › Section 38-8-23 - Commission hearing on combination or division of districts.

38-8-23. Commission hearing on combination or division of districts.
Within sixty days after receipt of a petition pursuant to §38-8-22 or within sixty days after the receipt of a resolution pursuant to §38-8-22.1, the State Conservation Commission shall set a date for a hearing and issue notices and conduct a hearing upon the proposition of combination or division. All voters registered for the last general election within the territory described in the petition or resolution and other interested parties may be heard.
Source: SDC 1939, §4.1517 (1) as enacted by SL 1947, ch 13; SL 1968, ch 1, §13; SL 1994, ch 316, §13; SL 2019, ch 179, §4; SL 2022, ch 154, §1.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08 - Conservation Districts › Section 38-8-24 - Determination of administrative practicability and feasibility of combining districts.

38-8-24. Determination of administrative practicability and feasibility of combining districts.
If the State Conservation Commission shall determine upon the facts presented at the hearing pursuant to §38-8-23 and information as may be available that the combination of such districts or territory is economically practicable and feasible, the commission shall make and record such determination. If the commission shall determine after such hearing and giving due consideration to said facts and information that combination of such districts or territory is not practicable or economically feasible such petition shall be denied.
Source:
SDC 1939, §4.1517 (1) as enacted by SL 1947, ch 13; SL 1968, ch 1, §13.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08 - Conservation Districts › Section 38-8-24.1 - Petition for referendum on organization of district--Commission action on petition.

38-8-24.1. Petition for referendum on organization of district--Commission action on petition.
Any time within sixty days after the hearing and determination by the State Conservation Commission pursuant to §§38-8-23 and 38-8-24, the commission shall act upon the petition in accordance with procedures prescribed in this chapter for organization of a district.
Source:
SDC 1939, §4.1517 (1) as enacted by SL 1968, ch 1, §13; SL 1969, ch 6, §1; SL 1994, ch 316, §14.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08 - Conservation Districts › Section 38-8-25 - Appointment of supervisors for reorganized district.

38-8-25. Appointment of supervisors for reorganized district.
Within sixty days after the hearing and determination pursuant to §§38-8-23 and 38-8-24, the Division of Resource Conservation and Forestry shall appoint five supervisors to serve until the next general election, when all supervisors shall be elected.
Source:
SDC 1939, §4.1517 (1) (a) as enacted by SL 1947, ch 13; SL 1968, ch 1, §13; SL 1969, ch 6, §1; SL 1994, ch 316, §15.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08 - Conservation Districts › Section 38-8-26 - Certificates of organization for new districts--Certificate of dissolution--Assets and liabilities revert to new district.

38-8-26. Certificates of organization for new districts--Certificate of dissolution--Assets and liabilities revert to new district.
The requirements of §§38-8-16 to 38-8-18, inclusive, apply to applications for issuance of certificates of organization for new districts pursuant to §38-8-22. Upon termination of the existing districts, the secretary of state shall issue and record a certificate of dissolution. All assets and liabilities of the original districts shall revert to the new district.
Source:
SDC 1939, §4.1517 (1) (a) as enacted by SL 1947, ch 13; SL 1968, ch 1, §13; SL 1969, ch 6, §2; SL 1994, ch 316, §16.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08 - Conservation Districts › Section 38-8-30 - Petition for boundary adjustment between adjoining districts.

38-8-30. Petition for boundary adjustment between adjoining districts.
Petitions signed by a majority of the members of each of the governing bodies of adjoining conservation districts may be filed with the State Conservation Commission asking that the boundary line between such districts be changed. Such petitions shall set out the existing boundary line between the districts and the proposed new boundary.
Source:
SDC 1939, §4.1517 (2) as enacted by SL 1947, ch 13.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08 - Conservation Districts › Section 38-8-31 - Notice and hearing on boundary adjustment between districts.

38-8-31. Notice and hearing on boundary adjustment between districts.
Within thirty days after a petition has been filed pursuant to §38-8-30, the commission shall provide due notice as defined in §38-7-2 of a public hearing upon the question of the proposed change of boundary. Any interested person may attend the hearing and be heard.
Source:
SDC 1939, §4.1517 (2) as enacted by SL 1947, ch 13; SL 1994, ch 316, §17; SL 2018, ch 240, §5.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08 - Conservation Districts › Section 38-8-32 - Determination of administrative practicability and feasibility of boundary adjustments--Factors considered--Notice to districts.

38-8-32. Determination of administrative practicability and feasibility of boundary adjustments--Factors considered--Notice to districts.
After hearing pursuant to §38-8-31, the State Conservation Commission shall determine whether the operation of the said districts within the proposed new boundaries would be administratively practicable and feasible. In making such determination, the commission shall give consideration to the standards provided in this chapter relative to the organization of districts; if, after such hearing, the commission determines in favor of the proposed change of boundaries, it shall notify the chairmen of the governing bodies of the districts of its determination.
Source:
SDC 1939, §4.1517 (2) as enacted by SL 1947, ch 13.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08 - Conservation Districts › Section 38-8-33 - Application to secretary of state for certificate evidencing boundary changes--Accompanying statement by state commission--Issuance of certificate.

38-8-33. Application to secretary of state for certificate evidencing boundary changes--Accompanying statement by state commission--Issuance of certificate.
Upon determination by the State Conservation Commission in favor of a proposed change of district boundaries, the chairmen of the governing bodies of the districts shall present to the secretary of state an application, signed by them for a certificate evidencing the change of boundary. The application shall be accompanied by a statement by the commission certifying that the boundary between the districts has been changed in accordance with the procedures prescribed in §§38-8-30 to 38-8-32, inclusive, and setting forth the new boundary line. When the application and statement have been filed with the secretary of state, the change of boundary shall be deemed effective and the secretary of state shall issue to the supervisors of each of the districts a certificate evidencing the change of boundary.
Source:
SDC 1939, §4.1517 (2) as enacted by SL 1947, ch 13.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08 - Conservation Districts › Section 38-8-34 - Petition for change of name of district--Action by state commission--Issuance by secretary of state.

38-8-34. Petition for change of name of district--Action by state commission--Issuance by secretary of state.
Petitions for changing the names of districts organized under this chapter may be filed with the State Conservation Commission. Any such petition shall be signed by a majority of the district supervisors and shall state the present name of the district and the proposed new name. If the commission determines that the proposed new name is not identical with or so similar to that of any other district in the state as to lead to confusion or uncertainty, it shall present a statement of such determination to the secretary of state, who shall issue to the district a certificate, under the seal of the state, evidencing the change of name of the district. Upon the issuance of such certificate, the supervisors of the district shall cause due notice to be given of the change of name of the district.
Source:
SDC 1939, §4.1518 as enacted by SL 1947, ch 14.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08 - Conservation Districts › Section 38-8-42 - Terms of office of district supervisors.

38-8-42. Terms of office of district supervisors.
For the purpose of staggering terms, at the first general election, the three at-large candidates receiving the largest number of votes shall be elected for a four-year term, and the two candidates receiving the next highest number of votes shall be elected for two-year terms. In succeeding elections all supervisors shall be elected for four-year terms commencing the following January first.
Source:
SL 1937, ch 19, §7; SDC 1939, §4.1509; SL 1947, ch 12; SL 1953, ch 7, §1; SL 1957, ch 4, §3; SDC Supp 1960, §4.1509 (1); SDCL §38-8-38; SL 1968, ch 1, §6; SL 1994, ch 316, §23; SL 2017, ch 179, §2.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08 - Conservation Districts › Section 38-8-43 - Removal of supervisor from office.

38-8-43. Removal of supervisor from office.
Any supervisor of a conservation district may be removed by the State Conservation Commission upon notice and hearing, for neglect of duty or malfeasance in office, but for no other reason.
Source:
SL 1937, ch 19, §7; SDC 1939, §4.1509; SL 1947, ch 12; SDC Supp 1960, §4.1509 (3); SL 1968, ch 1, §8.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08 - Conservation Districts › Section 38-8-44 - Filling of vacancies in district board.

38-8-44. Filling of vacancies in district board.
Vacancies in the term of any supervisor of a conservation district shall be filled by appointment by a majority of the other district supervisors, such appointee to serve until the next general election at which time such vacancy shall be filled by the voters for the unexpired term.
Source:
SL 1937, ch 19, §7; SDC 1939, §4.1509; SL 1947, ch 12; SL 1953, ch 7, §1; SL 1957, ch 4, §3; SDC Supp 1960, §4.1509 (1); SL 1968, ch 1, §6; SL 1985, ch 15, §50.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08 - Conservation Districts › Section 38-8-45 - Chairman and officers of district board--Quorum--Majority required for actions.

38-8-45. Chairman and officers of district board--Quorum--Majority required for actions.
At the first meeting in January of each year the supervisors of a conservation district shall designate a chairman, vice-chairman, a secretary, and a treasurer, or a secretary-treasurer. The treasurer, or secretary-treasurer, if combined, need not be a member of the board of supervisors. A majority of the supervisors shall constitute a quorum and the concurrence of a majority in any matter within their duties shall be required for its determination.
Source:
SL 1937, ch 19, §7; SDC 1939, §4.1509; SL 1947, ch 12; SL 1953, ch 7, §2; SDC Supp 1960, §4.1509 (2); SL 1968, ch 1, §7.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08 - Conservation Districts › Section 38-8-45.1 - Meetings and hearings of district supervisors open to public.

38-8-45.1. Meetings and hearings of district supervisors open to public.
Except as otherwise provided by law, all meetings and hearings of the board of supervisors shall be open to the public and publicized as may be determined by the board.
Source:
SDC Supp 1960, §4.1509 (4) as enacted by SL 1968, ch 1, §9.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08 - Conservation Districts › Section 38-8-46 - Compensation and expenses of supervisors.

38-8-46. Compensation and expenses of supervisors.
A supervisor of a conservation district may receive compensation for his services and he shall be entitled to expenses, including traveling expenses, necessarily incurred in the discharge of his duties.
Source:
SL 1937, ch 19, §7; SDC 1939, §4.1509; SL 1947, ch 12; SL 1953, ch 7, §2; SDC Supp 1960, §4.1509 (2); SL 1968, ch 1, §7.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08 - Conservation Districts › Section 38-8-47 - Employment of personnel by supervisors--Legal services--Delegation of powers.

38-8-47. Employment of personnel by supervisors--Legal services--Delegation of powers.
The supervisors of a conservation district may employ such agents and employees, permanent and temporary, as they may require, and shall determine their qualifications, duties, and compensation. The supervisors may call upon the attorney general of the state and state's attorney of the county or counties in which the district is situated, for such legal services as they may require. The supervisors may delegate to their officers, to one or more supervisors, or to one or more employees such powers and duties as they may deem proper and consistent with this chapter.
Source:
SL 1937, ch 19, §7; SDC 1939, §4.1509; SL 1947, ch 12; SL 1953, ch 7, §2; SDC Supp 1960, §4.1509 (2); SL 1968, ch 1, §7.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08 - Conservation Districts › Section 38-8-48 - Surety bonds required by district supervisors--Record of proceedings--Financial reports.

38-8-48. Surety bonds required by district supervisors--Record of proceedings--Financial reports.
The supervisors of a conservation district may provide for the execution of surety bonds for all employees and officers who shall be entrusted with funds or property; shall provide for the keeping of a full and accurate record of all proceedings and of all resolutions and orders issued or adopted; and, at the close of business of each fiscal year or as may be otherwise required by the State Conservation Commission, shall cause a financial report and report of principal activities to be made in accordance with sample forms and rules promulgated pursuant to chapter 1-26 by the commission. The reports shall be prepared within sixty days of the close of the district's fiscal year, and the written reports shall be kept at the principal place of business of both the Division of Resource Conservation and Forestry and the district.
Source:
SL 1937, ch 19, §7; SDC 1939, §4.1509; SL 1947, ch 12; SDC Supp 1960, §4.1509 (3); SL 1968, ch 1, §8; SL 1970, ch 224; SL 1975, ch 247, §3; SL 1994, ch 316, §24.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08 - Conservation Districts › Section 38-8-49 - District as governmental subdivision and public body--General corporate powers.

38-8-49. District as governmental subdivision and public body--General corporate powers.
A conservation district organized under the provisions of this chapter shall constitute a governmental subdivision of this state, and a public body, corporate and politic, exercising public powers, and such district, and the supervisors thereof, shall have the following powers, in addition to others granted in other sections of this chapter:
(1)To sue and be sued in the name of the district;
(2)To have a seal, which seal shall be judicially noticed;
(3)To have perpetual succession unless terminated as hereinafter provided;
(4)To make and execute contracts and other instruments, necessary or convenient to the exercise of its powers.
Source:
SL 1937, ch 19, §8; SDC 1939, §4.1510 (1); SL 1986, ch 326, §12.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08 - Conservation Districts › Section 38-8-49.1 - Budget estimates of operating and maintenance costs submitted to counties--Determination and apportionment of costs--Funds derived from general county fund.

38-8-49.1. Budget estimates of operating and maintenance costs submitted to counties--Determination and apportionment of costs--Funds derived from general county fund.
A conservation district and its supervisors shall at least three weeks before the dates specified by law for the setting up of official budgets, estimate the total cost of operating and maintaining the district for the ensuing fiscal year and the amount of moneys that may be available from all sources. These estimates shall be submitted in the form of a budget to the board of county commissioners of the county or counties comprising the territory of the district and the county or counties shall then provide the additional moneys required to operate and maintain the district during the ensuing fiscal year. The counties shall follow the procedures set forth in §§38-8-55 to 38-8-57, inclusive, and may disallow or otherwise, modify any item or items which it determines are not justified. The cost of operating and maintaining the district over the estimated moneys available to the district from all other sources, shall be apportioned by the district board of supervisors among the counties on the basis of land acreages lying in the respective counties comprising the district. Funds for the operation and maintenance of the district shall be derived from the general fund of the county or counties comprising the district.
Source:
SDC 1939, §4.1510 as added by SL 1968, ch 1, §11; SL 1985, ch 77, §24.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08 - Conservation Districts › Section 38-8-50 - Comprehensive district plans for conservation of resources--Programs and practices included.

38-8-50. Comprehensive district plans for conservation of resources--Programs and practices included.
A conservation district, and the supervisors thereof, shall have the power, in addition to others granted in other sections of this chapter, to develop annual and long range ten-year comprehensive plans, which plans may be prepared with the cooperation and assistance of the State Planning Commission and other state and federal agencies, for the conservation of all renewable natural resources and for the control and prevention of soil erosion, flood prevention, or the conservation and development, utilization, and disposal of soil and water within the district, including but not limited to, the specification of engineering operations, methods of cultivation, pollution abatement, cropping systems, and changes in the use of land for all purposes. Such plans shall be developed and modified each year to maintain a ten-year projection.
Source:
SL 1937, ch 19, §8; SDC 1939, §4.1510 (7); SL 1957, ch 4, §7; SL 1968, ch 1, §10.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08 - Conservation Districts › Section 38-8-51 - Advice and consultation with political subdivision governing bodies.

38-8-51. Advice and consultation with political subdivision governing bodies.
The supervisors of a conservation district may invite the governing body of any political subdivision of this state located near or within the territory comprising the district to designate a representative to advise and consult with the board on all questions of program and policy which may affect the property, water supply, or otherwise be of interest to such subdivisions.
Source:
SL 1937, ch 19, §7; SDC 1939, §4.1509; SL 1947, ch 12; SL 1953, ch 7, §3; SDC Supp 1960, §4.1509 (4); SL 1968, ch 1, §9.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08 - Conservation Districts › Section 38-8-51.1 - Cooperation with political subdivisions in implementing area-wide waste treatment.

38-8-51.1. Cooperation with political subdivisions in implementing area-wide waste treatment.
A conservation district may join together with one or more political subdivisions to plan, consult, and coordinate their efforts to implement area-wide waste treatment under the Federal Water Pollution Control Act Amendments of 1972 (P.L. 92-500) within designated water quality management areas.
Source:
SL 1981, ch 282, §1.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08 - Conservation Districts › Section 38-8-52 - Cooperation between districts.

38-8-52. Cooperation between districts.
The supervisors of any two or more districts organized under the provisions of this chapter may cooperate with one another in the exercise of any or all powers conferred in this chapter.
Source:
SL 1937, ch 19, §12; SDC 1939, §4.1514.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08 - Conservation Districts › Section 38-8-53 - Conservation district special revenue fund established--Purpose--Continuous appropriation--Promulgation of rules.

38-8-53. Conservation district special revenue fund established--Purpose--Continuous appropriation--Promulgation of rules.
There is hereby created the conservation district special revenue fund to be used for the purpose of aiding, assisting, and cooperating with conservation districts of the state in securing by purchase, or otherwise, necessary equipment, trees, and other planting materials, and supplies as needed in furthering the program of conservation in these districts. Interest earned on money in the fund must be deposited in the fund. Any repayment of the principal amount of a loan and any interest thereon must be deposited into the fund and used for making new loans. Money in the fund is hereby continuously appropriated for the purposes provided in this section.
The fund is administered by the State Conservation Commission and monies in the fund are expended upon vouchers approved by the commission, or its designated representative.
The monies in the fund are available to conservation districts of the state on a reimbursable basis by the districts. The commission shall promulgate rules, pursuant to chapter 1-26, establishing criteria and procedures for making loans to the conservation districts.
Source: SL 1949, ch 390; SL 1951, ch 360; SDC Supp 1960, §4.1519; SL 1969, ch 5, §2; SL 2015, ch 203, §8; SL 2023, ch 143, §1.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08 - Conservation Districts › Section 38-8-53.1 - Conservation district special revenue fund available for loans to watershed districts.

38-8-53.1. Conservation district special revenue fund available for loans to watershed districts.
The conservation district special revenue fund shall be made available to watershed districts of the state on a reimbursable basis, by watershed districts participating in such special revenue funds, for the purpose of obtaining options, easements and rights-of-way for watershed development. Such loans shall be in accordance with rules and regulations prescribed by the State Conservation Commission and shall be expended upon vouchers approved by the commission or its delegated representative.
Source:
SDC Supp 1960, §4.1519 as added by SL 1969, ch 7.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08 - Conservation Districts › Section 38-8-54 - District power to receive loans from special revenue fund.

38-8-54. District power to receive loans from special revenue fund.
A conservation district, and the supervisors thereof, shall have the power, in addition to others granted in other sections of this chapter, to make loans from the State of South Dakota from funds available through the conservation district special revenue fund on a reimbursable basis in accordance with policies and procedures prescribed by the State Conservation Commission.
Source:
SDC 1939, §4.1510 (11) as added by SL 1949, ch 11.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08 - Conservation Districts › Section 38-8-54.1 - Borrowing funds and pledging credit of district authorized.

38-8-54.1. Borrowing funds and pledging credit of district authorized.
The conservation districts may borrow funds to meet the necessities arising from the operation and maintenance of the conservation district, and may pledge the credit of the district for the payment of the obligations.
Source:
SL 1979, ch 263.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08 - Conservation Districts › Section 38-8-55 - County contributions to districts--Financial statement filed with county commissioners.

38-8-55. County contributions to districts--Financial statement filed with county commissioners.
The board of county commissioners may contribute funds to conservation districts. The funds shall be used to hire employees, purchase supplies, and carry out district programs, for the conservation of natural resources that will protect the tax base of the county and provide for the general welfare of the people of the county. The money shall be paid from the general fund of the county. Any conservation district, before receiving such funds, shall file with the county commissioners a financial statement for the last three years itemizing the amount of funds received and expenditures.
Source:
SDC 1939, §12.0617 (15) as added by SL 1963, ch 37; SL 1994, ch 316, §25; SL 2015, ch 203, §9.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08 - Conservation Districts › Section 38-8-56 - Notice and hearing on county contributions to districts.

38-8-56. Notice and hearing on county contributions to districts.
The power granted by §38-8-55 can only be exercised after at least one public hearing on the matter. The board of county commissioners shall give at least ten days' notice of such hearing by publication and by posting a copy of such notice at three of the most public places in the county.
Source:
SDC 1939, §12.0617 (15) as added by SL 1963, ch 37.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08 - Conservation Districts › Section 38-8-57 - Annual report filed with county contributing to district--Publication of report.

38-8-57. Annual report filed with county contributing to district--Publication of report.
Any conservation district receiving funds under §§38-8-55 and 38-8-56 shall file with the county commissioners an itemized annual financial report within sixty days following the end of the district's fiscal year. Within thirty days of receiving the financial report, the county commissioners shall publish the report in the official county newspaper or newspapers.
Source:
SDC 1939, §12.0617 (15) as added by SL 1963, ch 37; SL 1994, ch 316, §26.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08 - Conservation Districts › Section 38-8-58 - Acquisition, administration, improvement, and disposition of property by district.

38-8-58. Acquisition, administration, improvement, and disposition of property by district.
A conservation district, and the supervisors thereof, shall have the following powers, in addition to others granted in other sections of this chapter:
(1)To obtain options upon and to acquire by purchase, exchange, lease, gift, grant, bequest, devise, or otherwise, any property, real or personal, or rights or interests therein;
(2)To maintain, administer, and improve any properties acquired;
(3)To receive income from such properties and to expend such income in carrying out the purposes and provisions of this chapter; and
(4)To sell, lease, or otherwise dispose of any of its property or interest therein in furtherance of the purposes and the provisions of this chapter.
Source:
SL 1937, ch 19, §8; SDC 1939, §4.1510 (2).
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08 - Conservation Districts › Section 38-8-59 - Exemption from general laws applicable to public property.

38-8-59. Exemption from general laws applicable to public property.
No provisions with respect to the acquisition, operation, or disposition of property by other public bodies shall be applicable to a district organized under this chapter unless the Legislature shall specifically so state.
Source:
SL 1937, ch 19, §8; SDC 1939, §4.1510 (3).
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08 - Conservation Districts › Section 38-8-60 - Construction, operation and maintenance of structures by district.

38-8-60. Construction, operation and maintenance of structures by district.
A conservation district, and the supervisors thereof, shall have the power, in addition to others granted in other sections of this chapter, to construct, improve, operate, and maintain such structures as may be necessary or convenient for the performance of any of the operations authorized in this chapter.
Source:
SL 1937, ch 19, §8; SDC 1939, §4.1510 (4); SL 1957, ch 4, §4.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08 - Conservation Districts › Section 38-8-61 - District conservation measures on public and private land.

38-8-61. District conservation measures on public and private land.
A conservation district, and the supervisors thereof, shall have the power, in addition to others granted in other sections of this chapter, to carry out soil erosion preventive and control measures and works of improvement for flood prevention or the conservation development, utilization, and disposal of water within the districts on lands owned or controlled by this state or any of its agencies, with the cooperation of the agency administering and having jurisdiction thereof, and on any other lands within the district upon obtaining the consent of the occupier of such lands or the necessary rights or interest in such lands.
Source:
SL 1937, ch 19, §8; SDC 1939, §4.1510 (5); SL 1957, ch 4, §5.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08 - Conservation Districts › Section 38-8-62 - Administration and management of projects--Acceptance of contributions.

38-8-62. Administration and management of projects--Acceptance of contributions.
A conservation district and its supervisors may:
(1)Take over, by purchase, lease, or otherwise, and administer any natural resources conservation, flood prevention, and agricultural water management, erosion control, or erosion prevention project located within its boundaries undertaken by the United States or any of its agencies, or of this state or any of its agencies;
(2)Manage, as agent of the United States or any of its agencies, or of this state or any of its agencies, any natural resources conservation, flood prevention, and agricultural water management, erosion control, or erosion prevention project, or combinations thereof, within its boundaries;
(3)Act as agent for the United States or any of its agencies, or for this state or any of its agencies, in connection with the acquisition, construction, operation, or administration of any natural resources conservation, flood prevention, and agricultural water management, erosion control, or erosion prevention project, or combinations thereof, within its boundaries; and
(4)Accept donations, gifts, and contributions in money, services, materials, or otherwise, from the United States or any of its agencies, or from this state, or any of its agencies, or from any other source, and to use or expend such money, services, materials, or other contributions in carrying on its operation.
Source:
SL 1937, ch 19, §8; SDC 1939, §4.1510 (6); SL 1957, ch 4, §6; SL 2015, ch 203, §10.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08 - Conservation Districts › Section 38-8-63 - Cooperation with and aid to other public agencies or land occupiers in conservation measures.

38-8-63. Cooperation with and aid to other public agencies or land occupiers in conservation measures.
A conservation district, and the supervisors thereof, shall have the power, in addition to others granted in other sections of this chapter, to cooperate, or enter into agreements with, and within the limits of appropriations duly made available to it by law, to furnish financial or other aid to any agency, governmental or otherwise, or any occupier of lands within the district, in carrying on of erosion control and prevention operations and works of improvement for flood prevention for the conservation, development, utilization, and disposal of water within the district, subject to such conditions as the supervisors may deem necessary to advance the purposes of this chapter.
Source:
SL 1937, ch 19, §8; SDC 1939, §4.1510 (8); SL 1957, ch 4, §8.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08 - Conservation Districts › Section 38-8-64 - Assistance to land owners.

38-8-64. Assistance to land owners.
A conservation district and its supervisors may make available, on terms as it prescribes, to land owners within the district, equipment, material, or supplies as may be available to assist the land owners to carry on operations for the conservation of natural resources and for the prevention and control of soil erosion, flood prevention of the conservation, development, utilization, and disposal of water.
Source:
SL 1937, ch 19, §8; SDC 1939, §4.1510 (9); SL 1957, ch 4, §9; SL 2015, ch 203, §11.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08 - Conservation Districts › Section 38-8-65 - Contributions and land-use agreements required as conditions to assistance provided by district.

38-8-65. Contributions and land-use agreements required as conditions to assistance provided by district.
As a condition to the extending of any benefits under this chapter to, or the performance of work upon, any lands not owned or controlled by this state or any of its agencies, the supervisors of a conservation district may require contributions in money, services, materials, or otherwise to any operations conferring such benefits, and may require land occupiers to enter into and perform such agreements or covenants as to the permanent use of such lands as will tend to prevent or control erosion and prevent floodwater and sediment damages thereon.
Source:
SL 1937, ch 19, §8; SDC 1939, §4.1510 (10); SL 1957, ch 4, §10.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08 - Conservation Districts › Section 38-8-90 - Petition for dissolution of district--Number of signers--Public meetings and hearings.

38-8-90. Petition for dissolution of district--Number of signers--Public meetings and hearings.
After five years following the organization of a district under the provisions of this chapter, but before April first of the year in which the general election is to be held, any ten percent of the voters registered for the last general election within the boundaries of the district may file a petition with the State Conservation Commission praying that the operations of the district be terminated and the existence of the district discontinued. The commission may conduct such public meetings and public hearings upon the petition as may be necessary to assist it in considering the petition and in determining whether public support for the petition is sufficient to warrant a referendum.
Source:
SL 1937, ch 19, §14; SDC 1939, §4.1516; SL 1959, ch 3, §6; SL 1994, ch 316, §27.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08 - Conservation Districts › Section 38-8-90.1 - Governing board resolution for dissolution of district--Vote at general election.

38-8-90.1. Governing board resolution for dissolution of district--Vote at general election.
In lieu of the petition process authorized in §38-8-90, a conservation district governing board may propose and adopt a resolution calling for the dissolution of the district and present it to the people for a vote at the next general election under the requirements of §38-8-39.
Source:
SL 2019, ch 179, §2.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08 - Conservation Districts › Section 38-8-91 - Frequency of petitions for dissolution of district.

38-8-91. Frequency of petitions for dissolution of district.
The State Conservation Commission shall not entertain petitions for the discontinuance of any district nor conduct referenda upon such petitions nor make determinations pursuant to such petitions in accordance with the provisions of this chapter, more often than once in three years.
Source:
SL 1937, ch 19, §14; SDC 1939, §4.1516; SL 1959, ch 3, §6.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08 - Conservation Districts › Section 38-8-92 - Referendum on petition for dissolution of district--Form of ballot--Right to vote.

38-8-92. Referendum on petition for dissolution of district--Form of ballot--Right to vote.
Within one hundred twenty days after a petition pursuant to §38-8-90 has been received by the State Conservation Commission and a finding by the commission of public support for a referendum, the Division of Resource Conservation and Forestry shall give due notice, as defined in §38-7-2, of the holding of a referendum, and shall supervise the referendum. The commission shall promulgate rules pursuant to chapter 1-26 governing the conduct of the referendum. The question shall be submitted by ballots upon which the words "For continuing the existence of the __________ (name of the conservation district to be here inserted)" and "Against continuing the existence of the __________ (name of the conservation district to be here inserted)," shall be inserted with a square before each proposition and direction to insert a cross or check mark in the square before one or the other of said propositions as the voter may favor or oppose discontinuance of the district. The Division of Resource Conservation and Forestry shall certify the need for a referendum to the county auditors of the counties having area included in the district. The certification shall be provided before August first of the year in which the general election is to be held.
Source:
SL 1937, ch 19, §14; SDC 1939, §4.1516; SL 1959, ch 3, §6; SL 1994, ch 316, §28.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08 - Conservation Districts › Section 38-8-93 - Timing of referendum on dissolution of district.

38-8-93. Timing of referendum on dissolution of district.
The elections held under §38-8-92 shall be conducted at the next general election.
Source:
SL 1959, ch 3, §7; SDC Supp 1960, §4.1507-1; SL 1994, ch 316, §29.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08 - Conservation Districts › Section 38-8-94 - Conduct of election on dissolution of district--Certification of results.

38-8-94. Conduct of election on dissolution of district--Certification of results.
The conduct of elections held under §38-8-92 shall be governed by the general election laws. The county commission in each county in which the election is conducted shall certify the results of the election to the State Conservation Commission.
Source:
SL 1959, ch 3, §7; SDC Supp 1960, §4.1507-1; SL 1986, ch 326, §13; SL 1994, ch 316, §30.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08 - Conservation Districts › Section 38-8-95 - Referendum on dissolution of district valid despite informalities.

38-8-95. Referendum on dissolution of district valid despite informalities.
No informalities in the conduct of a referendum pursuant to §38-8-92 or in any matters relating thereto shall invalidate said referendum or the result thereof if notice thereof shall have been given substantially as provided in subdivision 38-7-2(5) and said referendum shall have been fairly conducted.
Source:
SL 1937, ch 19, §14; SDC 1939, §4.1516; SL 1959, ch 3, §6.