reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 09 - Water User Districts › Section 46A-9-8 - Grouping of directors elected at large--Term of office.

46A-9-8. Grouping of directors elected at large--Term of office.
In the petition, if directors are to be elected at large, the directors named shall be divided as nearly as possible into three equal groups, to be designated Group 1, Group 2, and Group 3, respectively. In either case, the members of Group 1 shall hold office until their successors, elected at the first regular water user district election thereafter, shall have qualified; the members of Group 2 shall hold office until their successors, elected at the second regular district election thereafter, shall have qualified; and the members of Group 3 shall hold office until their successors, elected at the third regular district election thereafter, shall have qualified. Thereafter all directors elected shall serve for a term of three years and until their successors are elected and qualified. After the name of each director shall be stated to which of said three groups he belongs.
Source:
SL 1939, ch 291, §4; SL 1943, ch 310; SDC Supp 1960, §61.1304 (1); SDCL, §46-16-8.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 09 - Water User Districts › Section 46A-9-9 - Petition for organization of district--Number of signatures required--Name, post office address, and location of land of petitioner.

46A-9-9. Petition for organization of district--Number of signatures required--Name, post office address, and location of land of petitioner.
The petition shall be signed by twenty-five percent of the landowners or entrymen within the area constituting the proposed water user district, or by their duly authorized representatives. However, if the proposed district includes any portion of the area within a municipality, the petition shall be signed by twenty-five percent of the landowners or entrymen in the portion of the proposed district area within each such municipality, or by their duly authorized representatives, and shall also be signed by twenty-five percent of the landowners or entrymen in the area lying outside the limits of the municipalities or by their duly authorized representatives. On each petition, set opposite the signature of each petitioner, shall be stated the petitioner's name and post office address and the location of land of which the petitioner is the owner or entryman.
Source:
SL 1939, ch 291, §4; SL 1943, ch 310; SDC Supp 1960, §61.1304 (1); SDCL §46-16-9; SL 1992, ch 60, §2; SL 2011, ch 165, §468.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 09 - Water User Districts › Section 46A-9-10 - Instruments constituting petition for organization of district--Affidavit of circulator as to signatures on each sheet--Form.

46A-9-10. Instruments constituting petition for organization of district--Affidavit of circulator as to signatures on each sheet--Form.
The petition may contain any number of separate instruments, and to each sheet for petitioners' signatures shall be attached a full and correct copy of the petition. Every sheet of every such petition containing signatures shall have upon it and below the signatures an affidavit by the circulator in substantially the following form:
State of South Dakota,
County of ________ ss.
________, being first duly sworn, deposes and says, that he is the circulator of the foregoing petition containing ________ signatures; that each person whose name appears on said petition sheet personally signed said petition in the presence of affiant; that he believes that each of said signers is an owner or entryman of the land described opposite his signature, to be included within the proposed water user district, and residing at the address written opposite his name, and that affiant stated to every petitioner before he affixed his signature the legal effect and nature of said petition.
________________________________
Circulator
Subscribed and sworn to before me this ________ day of ________, 19____.
________________________________
Notary Public
Source:
SL 1939, ch 291, §4; SL 1943, ch 310; SDC Supp 1960, §61.1304 (1); SDCL, §46-16-10.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 09 - Water User Districts › Section 46A-9-11 - Maps, plans and estimates accompanying petition for organization of district--Location of lands within proposed district.

46A-9-11. Maps, plans and estimates accompanying petition for organization of district--Location of lands within proposed district.
The petition shall be filed with the Department of Agriculture and Natural Resources together with a list of the petitioners' names, mailing addresses, and lands owned or entered. The petition shall be accompanied by a map or maps showing the location of lands within the proposed district and the proposed system of works, and by other maps, plans, and estimates as may be necessary to describe fully the proposed system.
Source: SL 1939, ch 291, §4; SL 1943, ch 310; SDC Supp 1960, §61.1304 (1); SDCL, §46-16-11; SL 1997, ch 255, §1; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 09 - Water User Districts › Section 46A-9-12 - Examination of petition by Department of Water and Natural Resources to determine compliance with law--Noncompliance with law, dismissal of petition.

46A-9-12. Examination of petition by Department of Water and Natural Resources to determine compliance with law--Noncompliance with law, dismissal of petition.
Upon receipt of the petition, the department shall determine whether the petition complies with the requirements set forth in §§46A-9-4 to 46A-9-11, inclusive, and dismiss the petition if the requirements have not been complied with, but without prejudice to the right of the petitioners to present a new petition covering the same matter, or the same petition with additional signatures if additional signatures are necessary.
Source:
SL 1939, ch 291, §4; SL 1943, ch 310; SDC Supp 1960, §61.1304 (1); SDCL, §46-16-12; SL 1997, ch 255, §2.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 09 - Water User Districts › Section 46A-9-13 - Publication of petition for organization of district.

46A-9-13. Publication of petition for organization of district.
If the department determines the petition complies with requirements of this chapter, a notice shall be published in each county in which lands within the proposed water user district lie, in a legal newspaper of general circulation in the county, once each week for at least two successive weeks. The last date of publication shall be at least thirty days prior to the Board of Water and Natural Resources' meeting at which the petition is first considered. The notice shall be published at the petitioners' expense. The notice shall contain the information required in §46A-9-4, shall state when the petition was filed, shall state a public place in each county affected where the petition may be examined, and shall state the date, time, and place at which the petition will be considered by the Board of Water and Natural Resources. Any owner or entryman of land within the area to be included, who did not sign the petition may file a written protest with the department as provided in §46A-9-14.
Source:
SL 1939, ch 291, §4; SL 1943, ch 310; SDC Supp 1960, §61.1304 (1); SDCL, §46-16-13; SL 1972, ch 239, §5; SL 1997, ch 255, §3.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 09 - Water User Districts › Section 46A-9-14 - Protest against organization of district--Right to file with Board of Water and Natural Resources--Determination of validity by board.

46A-9-14. Protest against organization of district--Right to file with Board of Water and Natural Resources--Determination of validity by board.
Any owner or entryman of land within the proposed water user district who did not sign the petition may file with the Board of Water and Natural Resources a written protest against the qualifications of any signer of the petition, and it shall be the duty of the board to consider and determine the validity of such protests.
Source:
SL 1939, ch 291, §4; SL 1943, ch 310; SDC Supp 1960, §61.1304 (1); SDCL, §46-16-14.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 09 - Water User Districts › Section 46A-9-15 - Investigation of proposed district and works by Board of Water and Natural Resources--Costs.

46A-9-15. Investigation of proposed district and works by Board of Water and Natural Resources--Costs.
If the Board of Water and Natural Resources determines that the petitioners have complied with the requirements of this chapter, the board shall make an immediate investigation of the proposed water user district and of its proposed works, systems, or plans and of the engineering and economic feasibility of the project. The board may make an estimate of the cost of the investigation and may require the petitioners to defray part or all of the estimated cost before proceeding with the investigation.
Source:
SL 1939, ch 291, §4; SL 1943, ch 310; SDC Supp 1960, §61.1304 (1); SDCL §46-16-15; SL 2011, ch 165, §469.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 09 - Water User Districts › Section 46A-9-16 - Declaration of feasibility of proposed project and conformance to public convenience--Dismissal of petition or certificate of feasibility--Filing of certificate--District as public corporation.

46A-9-16. Declaration of feasibility of proposed project and conformance to public convenience--Dismissal of petition or certificate of feasibility--Filing of certificate--District as public corporation.
The Board of Water and Natural Resources, within ninety days from the receipt of the petition, or within ninety days from the time funds become available to defray the cost of the investigation, shall declare that the proposed project is or is not feasible and conforming to public convenience and welfare. If the project is deemed not feasible, the board shall dismiss the petition. However, if the board deems the project feasible and conforming to public convenience and welfare, the board shall immediately execute a certificate, in duplicate, setting forth a true copy of the petition and declaring that the petition is approved. The board shall file the certificate in the Office of the Secretary of State and a copy of the certificate, certified by the secretary of state, in the office of the county auditor of each county in which any of the lands in the water user district are located. Thereupon, the district, under its designated name, is a body politic and corporate under the provisions of this chapter and is a public corporation of the State of South Dakota.
Source:
SL 1939, ch 291, §4; SL 1943, ch 310; SDC Supp 1960, §61.1304 (1); SDCL §46-16-16; SL 2011, ch 165, §470.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 09 - Water User Districts › Section 46A-9-17 - Validation of prior districts and boundaries--Validation of prior proceedings, bonds, and contracts.

46A-9-17. Validation of prior districts and boundaries--Validation of prior proceedings, bonds, and contracts.
All water user districts, created under the provisions of this chapter, and additions to and deletions from the districts, established or purporting to be established or adjusted before July 1, 1978, pursuant to the provisions of this chapter and having a de facto existence of at least one year, are hereby declared to be valid and legally created political subdivisions of the state. The regularity and validity of the creation of such water user districts in existence for one year or any boundary adjustments of the districts is not open to question in any court in the state. All acts and proceedings of any water user district or of its board of directors, or both, leading up to the authorization and execution of an existing contract between any water user district and the United States of America, and all acts and proceedings of any water user district or of its board of directors, or both, leading up to the issuance and deliverance of bonds of any water user district are hereby legalized, ratified, confirmed, and declared valid to all intents and purposes. All existing contracts and outstanding bonds are hereby legalized and declared to be valid and legal obligations of and against the water user district executing or causing the execution of the contracts or bonds. This section does not apply to any suit or proceeding legally initiated before July 1, 1978.
Source:
SL 1978, ch 330, §§1, 3; SDCL Supp, §46-16-16.1; SL 2011, ch 165, §471.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 09 - Water User Districts › Section 46A-9-18 - Board of directors--Qualification upon filing certificate of organization--Vacancy created by failure to qualify--First meeting.

46A-9-18. Board of directors--Qualification upon filing certificate of organization--Vacancy created by failure to qualify--First meeting.
Immediately upon the filing of said certificate in the Office of the Secretary of State and a certified copy thereof in the office of each such county auditor, the members of the board of directors named in the petition shall qualify as provided for in this chapter and immediately assume the duties of their office. Failure or refusal to qualify within a period of fifteen days thereafter shall be deemed to create a vacancy which shall be filled as in this chapter provided. The first meeting of the board of directors shall be called by the director first named in the petition who qualifies.
Source:
SL 1939, ch 291, §4; SL 1943, ch 310; SDC Supp 1960, §61.1304 (1); SDCL, §46-16-17.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 09 - Water User Districts › Section 46A-9-19 - Additional territory, inclusion in district.

46A-9-19. Additional territory, inclusion in district.
The procedure for extending a water user district by including additional territory shall be as provided by §§46A-9-20 to 46A-9-23, inclusive.
Source:
SL 1943, ch 310; SDC Supp 1960, §61.1304 (2); SDCL, §46-16-18.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 09 - Water User Districts › Section 46A-9-20 - Extension of district--Petition to include additional territory--Contents--Filing.

46A-9-20. Extension of district--Petition to include additional territory--Contents--Filing.
A water user district may be extended by including additional territory by filing in the Department of Agriculture and Natural Resources a petition in writing, verified by the circulator of the petition, addressed to the department, signed by at least twenty-five percent of the landowners or entrymen in any area to be included, and bearing the approval by resolution, of a majority of the board of directors of the water user district, upon compliance with the requirements set forth in this chapter. The petition shall contain a description of the lands to be included.
Source: SL 1943, ch 310; SDC Supp 1960, §61.1304 (2); SDCL §46-16-19; SL 2011, ch 165, §472; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 09 - Water User Districts › Section 46A-9-21 - Petition for expansion of district--Map showing location of lands to be included to accompany--Plans and estimates.

46A-9-21. Petition for expansion of district--Map showing location of lands to be included to accompany--Plans and estimates.
The petition shall be filed with the Department of Agriculture and Natural Resources, together with a list of the petitioners' names, mailing addresses, and lands owned or entered. The petition shall be accompanied by a map or maps showing the location of the lands to be included, the proposed system of works and by other maps, plans, and estimates as may be necessary to fully describe the proposed expansion.
Source: SL 1943, ch 310; SDC Supp 1960, §61.1304 (2); SDCL, §46-16-20; SL 1997, ch 255, §4; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 09 - Water User Districts › Section 46A-9-22 - Publication of notice for extension of district--Filing of protest.

46A-9-22. Publication of notice for extension of district--Filing of protest.
A notice shall be published in each county in which the lands to be included lie, in a legal newspaper of general circulation in the county, once each week for at least two successive weeks. The last date of publication shall be at least thirty days prior to the Board of Water and Natural Resources' meeting at which the petition is first considered. The notice shall be published at the petitioners' expense. The notice shall contain the information required in §46A-9-20, shall state when the petition was filed, shall state a public place in each county affected where the petition may be examined, and shall state the date, time, and place at which the petition will be considered by the Board of Water and Natural Resources. Any owner or entryman of land within the area to be included, who did not sign the petition may file a written protest with the department as provided in §46A-9-14.
Source:
SL 1943, ch 310; SDC Supp 1960, §61.1304 (2); SDCL, §46-16-21; SL 1972, ch 239, §6; SL 1997, ch 255, §5.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 09 - Water User Districts › Section 46A-9-23 - Action by Board of Water and Natural Resources on petition for extension of district--Certificate of approval--Filing--Effect.

46A-9-23. Action by Board of Water and Natural Resources on petition for extension of district--Certificate of approval--Filing--Effect.
Upon receipt of the petition the Board of Water and Natural Resources shall act upon the petition in the same manner as required upon an original petition to create a water user district, as set forth in §§46A-9-12 to 46A-9-16, inclusive, and §46A-9-18.
Upon the approval of the petition and project by the Board of Water and Natural Resources, and the issuance and filing of its certificate of approval in the Office of the Secretary of State and filing a copy of the certificate, certified by the secretary of state, in the office of the county auditor of each county in which any lands in which such water user district is located, the included areas constitute a part of the water user district.
Source:
SL 1943, ch 310; SDC Supp 1960, §61.1304 (2); SDCL §46-16-22; SL 2011, ch 165, §473.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 09 - Water User Districts › Section 46A-9-23.1 - Exclusion of lands from district--Grounds--Procedure.

46A-9-23.1. Exclusion of lands from district--Grounds--Procedure.
If the board of directors of a water user district finds that there are lands within the district not utilizing the services of the district and that it is not feasible or necessary to retain those lands within the district, the board shall adopt a resolution stating its findings and declaring its intention to exclude the lands. The board shall, within ten days following the adoption of the resolution, file it with the Board of Water and Natural Resources. Upon receipt of the resolution, the Board of Water and Natural Resources shall determine whether the resolution complies with the requirements to exclude the lands, and if so, shall establish a hearing date on the issue no later than ninety days from the date of the filing of the resolution. Following the hearing, the Board of Water and Natural Resources may approve or disapprove the action proposed by the resolution. Upon approval and filing by the district board of a certificate of approval in the Office of the Secretary of State, together with a copy of the resolution, and after filing by the district board of a copy certified by the secretary of state in the office of the county auditor of each county in which any lands to be excluded are located, the lands shall be excluded from the water user district.
Source:
SL 1984, ch 296, §2; SL 2006, ch 226, §3.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 09 - Water User Districts › Section 46A-9-23.2 - Notices of hearing on exclusion--Protests.

46A-9-23.2. Notices of hearing on exclusion--Protests.
Following the setting of a hearing date by the Board of Water and Natural Resources under the provisions of §46A-9-23.1, the board of directors of a water user district shall publish a copy of the resolution and a notice of the time and place when the resolution shall be considered by the board in each county in which lands to be excluded lie. The resolution and notice shall be published in a newspaper of general circulation in the county once each week for at least two successive weeks before the date of the hearing. If there is no newspaper of general circulation published in the county, copies of the resolution shall be posted in three of the most public places in the county at least two weeks before the time of the hearing. Any landowner, entryman, or resident upon the lands to be excluded under the resolution may file with the Board of Water and Natural Resources a written protest against the exclusion of all or a portion of the lands and may appear at the hearing to register his protest.
Source:
SL 1984, ch 296, §3.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 09 - Water User Districts › Section 46A-9-24 - Members of board of directors succeeding original board--Nomination and election--Term of office.

46A-9-24. Members of board of directors succeeding original board--Nomination and election--Term of office.
After the qualification of the original board, members to succeed those in the three groups provided for in §46A-9-8, respectively, and to fill unexpired terms, shall be nominated and elected and shall take office, subject to the provisions of this chapter. Prior to May first of each year, on dates established by the board, an election shall be held to elect directors to succeed those whose terms are about to expire. Newly elected directors shall assume office at the first board meeting following their election and shall continue for a period of three years thereafter and until a successor is duly elected and qualified. Election of directors shall be conducted as provided by §§46A-9-25 to 46A-9-29, inclusive.
Source:
SL 1939, ch 291, §5; SDC Supp 1960, §61.1305 (1), (2); SDCL, §46-16-23; SL 1997, ch 255, §6.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 09 - Water User Districts › Section 46A-9-25 - Hour and place of election.

46A-9-25. Hour and place of election.
The board of directors of the water user district shall fix the hour and place, within the boundaries of the district, of each election and shall preside at the election. If the district is divided into election divisions, the board of directors in its discretion may fix a place of election within each election division, in which case the directors who represent that division shall preside at the election.
Source:
SL 1939, ch 291, §5; SDC Supp 1960, §61.1305 (2); SDCL §46-16-24; SL 2011, ch 165, §474.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 09 - Water User Districts › Section 46A-9-26 - Election of directors--Voting rights.

46A-9-26. Election of directors--Voting rights.
Every owner of land and entryman within the district, and every person or corporation which is a party to a contract with the district for the purchase of water, for the collection, treatment, or disposal of wastewater, or other services to be furnished by the district, may cast one vote at each election for each director to be elected for whom the voter is entitled to vote. However, the vote which a voter is entitled to cast by reason of being a party to any such contract with the district is in addition to the vote to which the voter may be entitled by reason of being a landowner or entryman within the district. If election divisions are provided for, each person or corporation entitled to vote by reason of being a party to a contract, as provided in this section, shall select the division in which the person or corporation will vote. The selection shall be made under procedures established by resolution by the board of directors.
Source:
SL 1939, ch 291, §5; SDC Supp 1960, §61.1305 (2); SDCL, §46-16-25; SL 1993, ch 256, §82; SL 2006, ch 226, §4.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 09 - Water User Districts › Section 46A-9-27 - Notice of election time, place, and purpose--Mailing or publication.

46A-9-27. Notice of election time, place, and purpose--Mailing or publication.
The board of directors, at least twenty days before the date of election, shall mail to each person or corporation entitled to vote at the election, at the person's or corporation's last known place of residence or business, a notice stating the time, place, and purpose of the election. Alternatively, the board may publish in each county in which lands within the district lie, in some newspaper of general circulation printed and published in the county, once each week for at least two successive weeks before the time of election, a notice that the election will be held and giving the purpose, time, and place.
Source:
SL 1939, ch 291, §5; SDC Supp 1960, §61.1305 (2); SDCL §46-16-26; SL 1975, ch 277, §2; SL 2011, ch 165, §475.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 09 - Water User Districts › Section 46A-9-28 - Registration of voters--Conduct of election--Costs.

46A-9-28. Registration of voters--Conduct of election--Costs.
At the time and place of the election, the presiding directors shall provide for registration of those present and entitled to vote, shall determine the number of votes to which each is entitled and shall prescribe the manner of casting ballots and canvassing votes. If election divisions are provided for, but the election is held at one place within the district, the board of directors shall arrange for separate registration and conduction of the election for each division separately. All costs incident to the election of directors shall be borne by the district.
Source:
SL 1939, ch 291, §5; SDC Supp 1960, §61.1305 (1), (2); SDCL, §46-16-27; SL 1984, ch 296, §1.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 09 - Water User Districts › Section 46A-9-29 - Candidate to fill vacancy or succeed an outgoing director--Vote necessary for election.

46A-9-29. Candidate to fill vacancy or succeed an outgoing director--Vote necessary for election.
The candidate for director required to fill an existing vacancy or to succeed an outgoing director who receives the highest number of votes cast for such office shall be declared elected.
Source:
SL 1939, ch 291, §5; SDC Supp 1960, §61.1305 (2); SDCL, §46-16-28.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 09 - Water User Districts › Section 46A-9-30 - Director to be landowner or entryman.

46A-9-30. Director to be landowner or entryman.
No person is qualified to hold office as a member of the board of directors of any water user district unless the person is a landowner or entryman of the district.
Source:
SL 1939, ch 291, §6; SDC Supp 1960, §61.1306; SDCL §46-16-29; SL 2011, ch 165, §476.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 09 - Water User Districts › Section 46A-9-31 - Removal of members of board of directors from office--Grounds--Procedure.

46A-9-31. Removal of members of board of directors from office--Grounds--Procedure.
Members of the board of directors may be removed from office for the same reasons and in the same manner as provided in §§3-17-6 to 3-17-11, inclusive, for the removal of county and other local officers.
Source:
SL 1939, ch 291, §5; SDC Supp 1960, §61.1305 (1); SDCL, §46-16-31.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 09 - Water User Districts › Section 46A-9-32 - Vacancies on board of directors--Declaration of existence--Filling--Member elected to fill, term of office.

46A-9-32. Vacancies on board of directors--Declaration of existence--Filling--Member elected to fill, term of office.
Vacancies on the board of directors by reason of death, disability, failure to hold land in the water user district, or in the election division if election divisions are provided for, or otherwise shall be declared to exist and shall be filled by the board of directors, and the members thus elected to fill vacancies shall serve until members to fill out the remainder of such terms respectively may be elected at the next succeeding district election.
Source:
SL 1939, ch 291, §5; SDC Supp 1960, §61.1305 (1); SDCL, §46-16-32.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 09 - Water User Districts › Section 46A-9-33 - Reimbursement of expenses and compensation of board members.

46A-9-33. Reimbursement of expenses and compensation of board members.
Each water user district board of directors shall establish amounts to reimburse board members for expenses for lodging, meals, and mileage and to provide compensation for each day of actual service for traveling to, attending, and returning from meetings, hearings, or investigations of the water use district board. Such reimbursement and compensation shall be paid on vouchers duly verified and approved accordingly to procedures determined by the board.
Source:
SL 1939, ch 291, §6; SDC Supp 1960, §61.1306; SDCL §46-16-33; SL 1981, ch 318; SL 1987, ch 335; SL 2001, ch 243, §1; SL 2011, ch 202, §1.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 09 - Water User Districts › Section 46A-9-34 - Officers--Election by board of directors--Appointment of executive committee and other employees.

46A-9-34. Officers--Election by board of directors--Appointment of executive committee and other employees.
The board of directors shall elect the officers of the water user district who shall be a president, a vice-president, a secretary, and a treasurer, and the board shall appoint such executive committee and other officers, agents, and employees as shall be deemed necessary in transacting the business of the district. The president, vice-president, and treasurer shall be elected from the membership of the board of directors.
Source:
SL 1939, ch 291, §6; SDC Supp 1960, §61.1306; SDCL, §46-16-34.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 09 - Water User Districts › Section 46A-9-35 - Bond of treasurer.

46A-9-35. Bond of treasurer.
The treasurer shall furnish and maintain a corporate surety bond in such amounts and with such sureties as the directors may specify and conditioned on faithful performance of the treasurer's duties. The bond, as thus approved, shall be filed with the secretary of state, and the premium upon the bond shall be paid by the district.
Source:
SL 1939, ch 291, §6; SDC Supp 1960, §61.1306; SDCL §46-16-35; SL 2011, ch 201, §1.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 09 - Water User Districts › Section 46A-9-36 - Corporate powers of district vested in board of directors.

46A-9-36. Corporate powers of district vested in board of directors.
The corporate powers of the water user district shall be vested in and exercised by the board of directors of the district.
Source:
SL 1939, ch 291, §6; SDC Supp 1960, §61.1306; SDCL, §46-16-36.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 09 - Water User Districts › Section 46A-9-37 - Bylaws and procedures--Adoption by board of directors--Minutes of meetings--Records of account, kept at principal place of business, open to public inspection.

46A-9-37. Bylaws and procedures--Adoption by board of directors--Minutes of meetings--Records of account, kept at principal place of business, open to public inspection.
The board of directors may by resolution adopt bylaws and procedures, not inconsistent with the provisions of this chapter, for the conduct of the business and affairs of the water user district. The board of directors shall cause to be kept accurate minutes of its meetings and accurate records and books of account, conforming to approved methods of bookkeeping, clearly setting out and reflecting the entire operation, management, and business of the district. The books and records shall be kept at the principal place of business of the district and at reasonable business hours always open to public inspection.
Source:
SL 1939, ch 291, §6; SDC Supp 1960, §61.1306; SDCL, §46-16-37; SL 1993, ch 256, §83.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 09 - Water User Districts › Section 46A-9-38 - Indemnification of directors, officers, employees, or agents of districts.

46A-9-38. Indemnification of directors, officers, employees, or agents of districts.
A water user district may indemnify any person who was or is a party or is threatened to be made a party to any pending or completed action, suit, or proceeding, whether civil, criminal, administrative, or investigative by reason of the fact that the person is or was a director, officer, employee, or agent of the water user district or is or was serving at the request of the water user district as a director, officer, employee, or agent or another corporation, limited liability company, partner-joint venture, trust, or other enterprise, against expenses including attorneys' fees, judgments, fines, and amounts paid in settlement actually and reasonably incurred by the person in connection with the action, suit, or proceeding if the person acted in good faith and in a manner the person reasonably believed to be in or not opposed to the best interests of the water user district and, with respect to any criminal action or proceeding, had no reasonable cause to believe the person's conduct was unlawful. However, this section does not apply to any action by or in the right of the water user district.
Source:
SL 1979, ch 300; SDCL Supp, §46-16-37.1; SL 1994, ch 351, §114.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 09 - Water User Districts › Section 46A-9-39 - Powers of district.

46A-9-39. Powers of district.
A water user district organized under the provisions of this chapter has the powers provided by §§46A-9-40, 46A-9-41, and §§46A-9-43 to 46A-9-45, inclusive, and may own, have, or exercise the rights, privileges, and franchises provided by those sections.
Source:
SL 1939, ch 291, §7; SDC Supp 1960, §61.1307; SDCL §46-16-38; SL 2011, ch 165, §477.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 09 - Water User Districts › Section 46A-9-40 - Powers of corporation for public purposes--Acquisition and disposition of property.

46A-9-40. Powers of corporation for public purposes--Acquisition and disposition of property.
The water user district has all the usual powers of a corporation for public purposes. The district may acquire by purchase, gift, condemnation, or other lawful means and may hold any real or personal property reasonably necessary for the conduct of its business, or may lease such property for its proper purposes. The district may sell, lease, or otherwise dispose of such property if not needed by the district.
Source:
SL 1939, ch 291, §7; SDC Supp 1960, §61.1307 (1); SDCL §46-16-39; SL 2011, ch 165, §478.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 09 - Water User Districts › Section 46A-9-41 - Acquisition, management, use, and operation of works and property--Disposition of works.

46A-9-41. Acquisition, management, use, and operation of works and property--Disposition of works.
The water user district may own, construct, reconstruct, improve, purchase, condemn, lease, receive by gift, or otherwise acquire, hold, extend, manage, use, or operate any works and any kind of property, personal or real, necessary, useful, or incident to such acquisition, extension, management, use, and operation. The district may sell, mortgage, alienate, or otherwise dispose of the works or any part of the works only under the terms and subject to the conditions provided in §§46A-9-69 to 46A-9-72, inclusive.
Source:
SL 1939, ch 291, §7; SDC Supp 1960, §61.1307 (2); SDCL §46-16-40; SL 2011, ch 165, §479.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 09 - Water User Districts › Section 46A-9-42 - Transfer of obligations of nonprofit rural water supplier or wastewater system operator to water user district, sanitary district, or municipality--Majority vote of district.

46A-9-42. Transfer of obligations of nonprofit rural water supplier or wastewater system operator to water user district, sanitary district, or municipality--Majority vote of district.
Any nonprofit corporation, cooperative, or association engaged in the treatment, distribution, or sale of water or the collection, treatment, or disposal of wastewater to a rural area may, by majority vote of the membership voting in an election on the question, transfer all of its assets, liabilities, contracts, and other obligations to a water user district as defined in §46A-9-2, sanitary district authorized to operate a water system under §34A-5-41, or a municipality. No such action may be taken unless approved by majority vote of the water user district or sanitary district membership voting in an election on the action.
Source:
SL 1974, ch 285; SL 1977, ch 368; SL 1982, ch 312, §2; SDCL Supp, §46-16-40.1; SL 2006, ch 226, §5.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 09 - Water User Districts › Section 46A-9-43 - Contracts with governmental agencies authorized for certain purposes.

46A-9-43. Contracts with governmental agencies authorized for certain purposes.
In connection with the powers provided by §§46A-9-40 and 46A-9-41, the water user district may enter into any contract, lease, agreement, or arrangement with any state, county, municipality, district, governmental or public corporation or association, or with any person, firm, or corporation, public or private, or with the government of the United States, or with any officer, department, bureau, or agency of the government of the United States, or with any corporation organized under federal law. The contract, lease, agreement, or arrangement may be for any of the following purposes:
(1)Exercising or using any one or more of the powers authorized in §§46A-9-40 and 46A-9-41;
(2)Selling, leasing, or otherwise furnishing or establishing water rights, water supply, conveyance and distribution of water, water service, or water storage;
(3)Irrigation or flood control;
(4)Domestic, industrial, municipal, or stock-watering purposes;
(5)Drainage of lands;
(6)Provision of services or systems for the collection, treatment, or disposal of wastewater;
(7)Provision of billing, collection, hookup, or termination services for entities that provide services for the collection, treatment, or distribution of water or wastewater;
(8)Financing or payment of the cost and expenses incident to the construction, acquisition, or operation of such works, or incident to any obligation or liability entered into or incurred by the district.
Source:
SL 1939, ch 291, §7; SDC Supp 1960, §61.1307 (2); SDCL, §46-16-41; SL 1992, ch 60, §2; SL 2006, ch 226, §6.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 09 - Water User Districts › Section 46A-9-44 - Extraterritorial powers of district.

46A-9-44. Extraterritorial powers of district.
The district may exercise any of the powers enumerated in §§46A-9-41 and 46A-9-43 either within or beyond or partly within and partly beyond the boundaries of the district and of the State of South Dakota, unless prohibited by the law of the area or state concerned or of the United States of America.
Source:
SL 1939, ch 291, §7; SDC Supp 1960, §61.1307 (3); SDCL §46-16-42; SL 2011, ch 165, §480.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 09 - Water User Districts › Section 46A-9-45 - Appropriation of waters of state by district--Interference with existing water rights forbidden.

46A-9-45. Appropriation of waters of state by district--Interference with existing water rights forbidden.
Such water user district shall have the right to appropriate the waters of the state in the same manner as other appropriators under the laws of this state; provided, that such district shall not, in the exercise of the powers conferred by this chapter, interfere with, injure, or otherwise damage or affect existing water rights, other than through the purchase of such rights or through condemnation proceedings as provided in this chapter; and provided, further, that no irrigation district, corporation, association, or individual holding a water right for lands located either within or outside the boundaries of a water user district shall be in any way affected by the operations of such district other than by reason of a contract voluntarily entered into by such organization or individual with such district, or by reason of the exercise by such district of the power of eminent domain as provided in this chapter.
Source:
SL 1939, ch 291, §7; SDC Supp 1960, §61.1307 (4); SDCL, §46-16-43.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 09 - Water User Districts › Section 46A-9-46 - Eminent domain--Appraisement of private property or interest.

46A-9-46. Eminent domain--Appraisement of private property or interest.
In addition to any other rights and powers conferred upon any water user district organized under the provisions of this chapter, the district may exercise the power of eminent domain for the purposes and after the manner provided for in chapter 21-35, after declaring by resolution the necessity for and purpose of the taking of property and the extent of the taking. If any such district condemns private property or interests in the private property, the appraisement shall include the amount of damage that will accrue to the owner of the condemned property through severance of the condemned property from other property of the owner, previously operated with the condemned property, as a unit.
Source:
SL 1939, ch 291, §8; SDC Supp 1960, §61.1308; SDCL §46-16-44; SL 2011, ch 165, §481.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 09 - Water User Districts › Section 46A-9-46.1 - Municipal approval of location of wastewater plant or system--Exception for existing plant or system.

46A-9-46.1. Municipal approval of location of wastewater plant or system--Exception for existing plant or system.
No portion of any plant or system that is operated by a water user district for the collection, treatment, or disposal of wastewater, including sanitary sewers and sewage and sewage treatment plants and systems, may be located within a zone that extends ten miles outward from the corporate limits of any municipality without the approval of the municipality. However, if the ten-mile zones of more than one municipality overlap, the jurisdiction of each municipality over any such plant or system terminates at a boundary line equidistant from the respective corporate limits of the municipalities; and the water user district shall obtain the approval of each municipality that would have jurisdiction over any portion of the plant or system to be operated by the water user district. The restrictions provided in this section do not apply to any portion of any such plant or system if the portion was in existence on July 1, 2006 or if the portion predates any expansion by a municipality that would otherwise cause the plant or system to be in violation of this section.
Source:
SL 2006, ch 226, §7.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 09 - Water User Districts › Section 46A-9-47 - District has no power to tax or levy assessments--Others have no liability for district indebtedness or obligations.

46A-9-47. District has no power to tax or levy assessments--Others have no liability for district indebtedness or obligations.
The district has no power of taxation, or of levying assessments for special benefits. No governmental authority may levy or collect taxes or assessments for the purpose of paying, in whole or in part, any indebtedness or obligation of or incurred by the district as such or upon which the district may be or become in any manner liable. No privately owned property within or outside the district, nor the owner of the property, and no municipality, county, irrigation district, or other political subdivision or public or private corporation or association or its property, is directly or indirectly liable for any such district indebtedness or obligation beyond the liability to perform any express contract, if any, between the owner or public or private organization and the district.
Source:
SL 1939, ch 291, §9; SDC Supp 1960, §61.1309; SDCL §46-16-45; SL 1992, ch 60, §2; SL 2011, ch 165, §482.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 09 - Water User Districts › Section 46A-9-48 - Costs of operation of district--Contract for payment of rent or charge for water storage or water supply.

46A-9-48. Costs of operation of district--Contract for payment of rent or charge for water storage or water supply.
No person, irrigation district, municipality, county, or other governmental subdivision, irrigation company, or other public or private corporation or association is liable for the payment of any rent or charge for water storage; water supply; for the collection, treatment, or disposal of wastewater; or for any of the costs of operation of a water user district, unless a contract for such services has been entered into between the person or public or private organization and the water user district furnishing the services.
Source:
SL 1939, ch 291, §9; SDC Supp 1960, §61.1309; SDCL, §46-16-46; SL 1992, ch 60, §2; SL 2006, ch 226, §8.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 09 - Water User Districts › Section 46A-9-49 - Grants or loans--Gifts.

46A-9-49. Grants or loans--Gifts.
Any water user district organized under this chapter may exercise any power conferred by this chapter for the purpose of obtaining grants or loans or both from any federal agency pursuant to or by virtue of any acts of Congress independently or in conjunction with any other power or powers conferred by this chapter, or heretofore or hereafter conferred by any other law. The district may accept from private owners or other sources, gifts, deeds, or instruments of trust or title relating to land, water rights, and any other form of property.
Source:
SL 1939, ch 291, §11; SDC Supp 1960, §61.1311; SDCL §46-16-47; SL 2011, ch 165, §483.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 09 - Water User Districts › Section 46A-9-50 - Cooperation with United States in acquisition and disposition of property.

46A-9-50. Cooperation with United States in acquisition and disposition of property.
The water user district may purchase and acquire lands, water rights, rights-of-way, and real and personal properties of every nature in cooperation with the United States under such conditions as the board deems advisable. The district may convey such rights and property under conditions, terms, and restrictions approved by the board of directors and the federal government or any of its agencies. The district may pay the purchase price and any construction costs or other necessary expenses and costs in connection with any works contemplated by this chapter either from its own funds or cooperatively with the federal government.
Source:
SL 1939, ch 291, §12; SDC Supp 1960, §61.1312; SDCL §46-16-48; SL 2011, ch 165, §484.