reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 09 - Water User Districts › Section 46A-9-51 - Eminent domain laws applicable to irrigation districts apply.

46A-9-51. Eminent domain laws applicable to irrigation districts apply.
All provisions of law now applicable to irrigation districts, privately owned irrigation corporations, or ditch companies, regarding the exercise of the power of eminent domain, the use and occupation of state and other public lands and highways, the appropriation, or other acquisition, enjoyment, or use of water, water rights, or water diversion or storage rights, for any of the purposes contemplated in this chapter, the manner or method of construction and physical operation of irrigation works, storage dams, drainage ditches, as herein contemplated, shall be applicable as nearly as may be, and so far as not in conflict with the provisions of this chapter, to water user districts organized under this chapter in their exercise of the rights, powers, and franchises and in the performance of the duties conferred or imposed upon them under the provisions of this chapter.
Source:
SL 1939, ch 291, §8; SDC Supp 1960, §61.1308; SDCL, §46-16-49.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 09 - Water User Districts › Section 46A-9-52 - Contracts governed by public agency procurement law.

46A-9-52. Contracts governed by public agency procurement law.
Any water user district contract for the construction, alteration, extension, or improvement of any works, or any part or section thereof, or any building, for the use of the district, or for the purchase of any materials, machinery, or apparatus therefor is governed by chapters 5-18A and 5-18B.
Source:
SL 1939, ch 291, §13; SDC Supp 1960, §61.1313; SDCL §46-16-50; SL 1972, ch 32, §5; SL 1991, ch 373; SL 2011, ch 2, §148.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 09 - Water User Districts › Section 46A-9-53 - Filing of plans and specifications--Advertisement for bids.

46A-9-53. Filing of plans and specifications--Advertisement for bids.
Before publication of any advertisement pursuant to chapter 5-18A, plans and specifications for the proposed construction work or materials shall be prepared and filed at the principal office or place of business of the water user district. The advertisement shall be published as required by §5-18A-14 and, in the discretion of the board of directors of the district, may be published in such additional newspapers or trade or technical periodicals as may be selected by the board in order to give proper notice of the receiving of bids. The advertisement shall designate the nature of construction work proposed to be done or materials proposed to be purchased.
Source:
SL 1939, ch 291, §13; SDC Supp 1960, §61.1313; SDCL §46-16-51; SL 1972, ch 34, §6; SL 2006, ch 226, §9; SL 2011, ch 2, §149.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 09 - Water User Districts › Section 46A-9-54 - Contracts for proposed construction work--Employment of citizens of state--Bond of contractor.

46A-9-54. Contracts for proposed construction work--Employment of citizens of state--Bond of contractor.
Such contract shall provide that wherever possible, workmen who are citizens of South Dakota shall be employed by the contractor. All provisions of chapter 5-21 with reference to contractors' bonds required under such statutes, shall be applicable and effective as to any contract let pursuant to the provisions of this chapter.
Source:
SL 1939, ch 291, §13; SDC Supp 1960, §61.1313; SDCL, §46-16-52; SL 1979, ch 18, §5.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 09 - Water User Districts › Section 46A-9-55 - Certain proposed works exempt from competitive bidding requirements.

46A-9-55. Certain proposed works exempt from competitive bidding requirements.
If all or a portion of the cost of the proposed works is to be met by grant of labor or a grant-in-aid from a federal or state agency, does not require the use of any state or federal funds in the proposed works, or under other contract with a federal or state agency, and the rules of such agency provide that work may not be done by contract, the board of directors may proceed with the necessary construction or other work without first complying with any of the provisions of §§46A-9-52 to 46A-9-54, inclusive.
Source:
SL 1939, ch 291, §13; SDC Supp 1960, §61.1313; SDCL §46-16-53; SL 1993, ch 256, §84; SL 2012, ch 219, §1.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 09 - Water User Districts › Section 46A-9-56 - Borrowing power of district--Sources from which obligations payable--Authorization, issuance, and sale of bonds.

46A-9-56. Borrowing power of district--Sources from which obligations payable--Authorization, issuance, and sale of bonds.
Any district organized pursuant to this chapter may borrow money and incur indebtedness for any corporate use or purpose authorized in this chapter and to the extent applicable pursuant to chapter 9-40, provided the indebtedness, liability, or obligation of the district for the payment of money in any manner, and whether arising from contract, implied contract, or otherwise, is payable solely:
(1)From revenues, income, receipts, and profits derived by the district from its operation and management of systems and irrigation works as provided in this chapter or in chapter 9-40; or
(2)From the issuance or sale by the district of its warrants, notes, revenue bonds, debentures, or other evidences of indebtedness, (hereinafter referred to in this section as "district obligations") payable solely from such revenues, income, receipts, and profits. All bonds shall be authorized, issued, and sold as provided in chapter 6-8B and to the extent applicable under chapter 9-40. However, no bond election is required.
Source: SL 1939, ch 291, §10; SDC Supp 1960, §61.1310; SDCL, §46-16-54; SL 1978, ch 330, §2; SL 1984, ch 43, §124; SL 1985, ch 361; SL 2022, ch 166, §1.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 09 - Water User Districts › Section 46A-9-57 - District obligations--Pledge of revenue for payment--Collateral security for loan.

46A-9-57. District obligations--Pledge of revenue for payment--Collateral security for loan.
Any such water user district may pledge and put up as collateral security for a loan any district obligations. Any district issuing district obligations under the provisions of this chapter may pledge all or any part of the revenues which the district may derive from the sale, conveyance, or distribution of water for irrigation, domestic, municipal, industrial, or stock-watering purposes; from the storage of water; or from the collection, treatment, or disposal of wastewater, as security for the payment of the principal and interest on the loan. Any such pledge of revenues shall be made by the directors of the district by resolution or by agreement with the purchasers or holders of the district obligations. Any such resolution or agreement may specify the particular revenues that are pledged and the terms and conditions to be performed by the district and the rights of the holders of the district obligations, and may provide for priorities of liens in any such revenues as between the holders of district obligations issued at different times or under different resolutions or agreements.
Source:
SL 1939, ch 291, §10; SDC Supp 1960, §61.1310; SDCL, §46-16-55; SL 2006, ch 226, §10.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 09 - Water User Districts › Section 46A-9-58 - Refunding of district obligations.

46A-9-58. Refunding of district obligations.
Such resolution or agreement may further provide for the refunding of any such water user district obligation through the issuance of other district obligations, entitled to rights and priorities similar in all respects to those held by the district obligations that are refunded and for the issuance of such refunding district obligations, either in exchange for district obligations then outstanding, or the sale thereof and the application of the proceeds of such sale to the retirement of the district obligations then outstanding.
Source:
SL 1939, ch 291, §10; SDC Supp 1960, §61.1310; SDCL, §46-16-56.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 09 - Water User Districts › Section 46A-9-59 - Revenues of district--Payment into special fund--Collection and disposition of special fund, terms, and conditions.

46A-9-59. Revenues of district--Payment into special fund--Collection and disposition of special fund, terms, and conditions.
Any such resolution or agreement may provide that all or any part of the revenues of the water user district shall be paid into a special fund and may set forth all the terms and conditions on which such special fund is to be collected, held, and disposed of, whether partly or wholly for the benefit of the holders of such district obligations. Provision may be made that such special fund shall be held by depositories designated or described in such resolution or agreement.
Source:
SL 1939, ch 291, §10; SDC Supp 1960, §61.1310; SDCL, §46-16-57.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 09 - Water User Districts › Section 46A-9-60 - Agreement between directors and holders of district obligations as to charges for water, sewage disposal, or other services.

46A-9-60. Agreement between directors and holders of district obligations as to charges for water, sewage disposal, or other services.
The directors of any water user district organized under the provisions of this chapter may enter into agreements with the holders of any such district obligations as to the maximum or minimum amounts that the district may charge and collect for water sold by the district or for the collection, treatment, or disposal of wastewater or other services provided by the district.
Source:
SL 1939, ch 291, §10; SDC Supp 1960, §61.1310; SDCL, §46-16-58; SL 2006, ch 226, §11.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 09 - Water User Districts › Section 46A-9-61 - Prices, rates, and charges--Contracts.

46A-9-61. Prices, rates, and charges--Contracts.
The board of directors, subject to the provisions of this chapter, may fix and establish the prices, rates, and charges at which any resources and facilities made available under the provisions of this chapter shall be sold and disposed of. The board may enter into any contracts and agreements, and do anything that in its judgment is necessary, convenient, or expedient for the accomplishment of any of the purposes and objects of this chapter, under such general regulations and upon such terms, limitations, and conditions as it shall prescribe. The board shall enter into contracts and fix and establish prices, rates, and charges to provide at all times funds sufficient to pay all costs of operation and maintenance of any of the works authorized by this chapter, together with necessary repairs to such works, and which will provide at all times sufficient funds to meet and pay the principal and interest of all bonds, warrants, notes, debentures, and other evidences of indebtedness as they severally become due and payable. However, nothing contained in this chapter authorizes any change, alteration, or revision of any such rates, prices, or charges as established by any contract entered into under authority of this chapter except as provided by the contract.
Source:
SL 1939, ch 291, §16; SDC Supp 1960, §61.1316 (3); SDCL §46-16-59; SL 2011, ch 165, §485.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 09 - Water User Districts › Section 46A-9-62 - Default in payment of money specified in agreement--Termination of contract--Right to recovery not affected by discontinuation of services.

46A-9-62. Default in payment of money specified in agreement--Termination of contract--Right to recovery not affected by discontinuation of services.
Every contract made by the board of directors for the sale, conveyance, and distribution of water, use of water, water storage, or for the collection, treatment, or disposal of wastewater, or other service, or for the sale of any property or facilities, shall provide that in the event of any failure or default in the payment of any moneys specified in the contract to be paid to the board, the board may, upon such notice as prescribed in the contract, terminate the contract and all obligations under the contract. The act of the board in ceasing on any such default to furnish or deliver water, use of water, or water storage, or other services under the contract does not deprive the board of, or limit any remedy provided by the contract or by law for the recovery of any moneys due or which may become due under the contract.
Source:
SL 1939, ch 291, §16; SDC Supp 1960, §61.1316 (3); SDCL, §46-16-60; SL 2006, ch 226, §12.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 09 - Water User Districts › Section 46A-9-63 - Funds of district--Creation by board of directors--Identification--Separate accounts.

46A-9-63. Funds of district--Creation by board of directors--Identification--Separate accounts.
The board of directors shall create separate funds, one fund to be known as the construction fund, another fund to be known as the water fund, another fund to be known as the debt service fund, and, if the district provides services for the collection, treatment, or disposal of wastewater, a fund to be known as the wastewater fund. Each such fund shall be identified by the same series letter or letters as the bonds, warrants, notes, debentures, or other evidences of indebtedness of the series. A separate account shall be kept for each construction fund, each water fund, each wastewater fund, and each debt service fund for each project.
Source:
SL 1939, ch 291, §16; SDC Supp 1960, §61.1316 (1); SDCL, §46-16-61; SL 2006, ch 226, §13.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 09 - Water User Districts › Section 46A-9-65 - Water or wastewater fund--Credit of revenue of works and operations--Payment of operation and maintenance costs.

46A-9-65. Water or wastewater fund--Credit of revenue of works and operations--Payment of operation and maintenance costs.
All income or profit and revenue of the works and all moneys received from the sale, conveyance, distribution, or disposal of water, use of water, or water storage; from the collection, treatment, or disposal of wastewater; and from the operation, lease sale, or other disposition of the works, property, and facilities acquired under the provisions of this chapter, shall be paid to the credit of the appropriate water or wastewater fund. All costs of operation, maintenance, and repairs of the works, and all administrative and clerical expenses of the water user district, shall be paid from the appropriate water or wastewater fund.
Source:
SL 1939, ch 291, §16; SDC Supp 1960, §61.1316 (3); SDCL, §46-16-63; SL 2006, ch 226, §14.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 09 - Water User Districts › Section 46A-9-66 - Debt service fund--Transfer of balance from water fund--Moneys pledged for payment of evidences of indebtedness.

46A-9-66. Debt service fund--Transfer of balance from water fund--Moneys pledged for payment of evidences of indebtedness.
The board of directors shall provide in the proceedings authorizing the issuance of each series of bonds, warrants, notes, debentures, or other evidences of indebtedness or in the trust indenture securing the same, for paying into the appropriate debt service fund at stated intervals all moneys then remaining in the water fund, after paying all costs of operation, maintenance, and repairs of the works and all administrative and clerical expenses of the water user district. All moneys in each debt service fund shall be pledged for the payment of and used for the purpose of paying the interest, principal, and the necessary fiscal agency charges upon the bonds, warrants, notes, debentures, or other evidences of indebtedness as the same shall fall due.
Source:
SL 1939, ch 291, §16; SDC Supp 1960, §61.1316 (4); SDCL, §46-16-64.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 09 - Water User Districts › Section 46A-9-67 - Deposit of funds--Payment of claims.

46A-9-67. Deposit of funds--Payment of claims.
All moneys collected pursuant to this chapter shall be deposited with the water user district treasurer in any depository designated and approved by the board of directors of the water user district at a regular meeting and from which all valid claims against the district shall be paid or by order duly drawn by the district treasurer pursuant to procedures adopted by the board of directors.
Source:
SL 1939, ch 291, §14; SDC Supp 1960, §61.1314; SDCL §46-16-65; SL 2011, ch 203, §1.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 09 - Water User Districts › Section 46A-9-68 - Fiscal year--Audit of financial affairs by board of directors, filing of written report.

46A-9-68. Fiscal year--Audit of financial affairs by board of directors, filing of written report.
The fiscal year of the water user district shall coincide with the calendar year. The board of directors, at the close of each year's business, shall cause an audit of the books, records, and financial affairs of the district to be made by an experienced public accountant, copies of a written report of which audit, certified to by said auditors, shall be placed and kept on file at the principal place of business of the district and shall be filed with the secretary of state.
Source:
SL 1939, ch 291, §6; SDC Supp 1960, §61.1306; SDCL, §46-16-66.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 09 - Water User Districts › Section 46A-9-69 - Disposition of water supply works, drainage works, or wastewater systems.

46A-9-69. Disposition of water supply works, drainage works, or wastewater systems.
No irrigation or other water supply works, drainage works, or systems or facilities for the collection, treatment, or disposal of wastewater owned by the district may be sold, alienated, or mortgaged by the district, except under the circumstances described by §§46A-9-70 to 46A-9-72, inclusive.
Source:
SL 1939, ch 291, §15; SDC Supp 1960, §61.1315; SDCL, §46-16-67; SL 2006, ch 226, §15.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 09 - Water User Districts › Section 46A-9-70 - Sale of unneeded works--Submission of question to Board of Water and Natural Resources--Special election--Notice--Majority vote authorizes sale.

46A-9-70. Sale of unneeded works--Submission of question to Board of Water and Natural Resources--Special election--Notice--Majority vote authorizes sale.
If, in the judgment of the board of directors, it is in the best interest of the water user district to sell any portion of the district works not needed for the performance of any outstanding contract, and not mortgaged or hypothecated as provided for in §46A-9-71, the board of directors shall pass a resolution to that effect and shall submit the question to the Board of Water and Natural Resources for approval. If the Board of Water and Natural Resources approves, the board of directors shall call a special election at which the question of selling the portion of the works shall be submitted to the voters of the district qualified to vote for district directors. The board of directors shall mail to each qualified voter, at the voter's last known place of residence or place of business, a notice stating the time, place, and purpose of the election, and so far as practicable shall conduct the election in all other respects as provided in §§46A-9-25 to 46A-9-28, inclusive. If a majority of all qualified voters of the district vote "yes" at the election, the board of directors s may sell the portion of the works.
Source:
SL 1939, ch 291, §15; SDC Supp 1960, §61.1315 (1); SDCL §46-16-68; SL 2011, ch 165, §486.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 09 - Water User Districts › Section 46A-9-71 - Mortgage or hypothecation of property to secure payment of loans from governmental agencies.

46A-9-71. Mortgage or hypothecation of property to secure payment of loans from governmental agencies.
If, in order to borrow money from the federal government or from any of its agencies, or from the State of South Dakota or from any other public or private provider of financing, it becomes necessary that the water user district mortgage or otherwise hypothecate any of its property or assets to secure the payment of a loan made to it by or from such a source, the district may mortgage or hypothecate the property and assets for these purposes. Nothing in this section prevents the district from assigning, pledging, or otherwise hypothecating its revenues, incomes, receipts, or profits to secure the payment of indebtedness to the federal government or any federal agency, the State of South Dakota, or any other public or private provider of financing. However, the State of South Dakota may never pledge its credit or funds, or any part of its credit or funds, for the payment or settlement of any indebtedness or obligation whatsoever of any district created under the provisions of this chapter. Nothing in this chapter authorizes any agency of the State of South Dakota to make loans to any such district, unless the agency is otherwise authorized by law to make such loans.
Source: SL 1939, ch 291, §15; SDC Supp 1960, §61.1315 (2); SDCL §46-16-69; SL 2011, ch 165, §487; SL 2022, ch 166, §2.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 09 - Water User Districts › Section 46A-9-72 - Mortgage or trust deed to secure payment of borrowed money--Foreclosure upon default and appointment of receiver.

46A-9-72. Mortgage or trust deed to secure payment of borrowed money--Foreclosure upon default and appointment of receiver.
If any water user district created under this chapter shall execute and deliver a mortgage or trust deed to secure the payment of any moneys borrowed by it for the purposes herein authorized, it may be provided in such mortgage or trust deed that the same may be foreclosed upon default and that a receiver may be appointed by any court of competent jurisdiction with such authority as may be provided for in such mortgage or trust deed.
Source:
SL 1939, ch 291, §15; SDC Supp 1960, §61.1315 (2); SDCL, §46-16-70.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 09 - Water User Districts › Section 46A-9-73 - Dissolution of district--Special election--Notice--Conditions for dissolution.

46A-9-73. Dissolution of district--Special election--Notice--Conditions for dissolution.
Any water user district organized under this chapter may be dissolved by authorization of a majority vote of the voters, qualified to vote for district directors, at a special election called by the board of directors for that purpose. Notice of the election shall be mailed to each qualified voter at least twenty days before the date of the election. The procedure for the election shall conform as nearly as may be to the procedure provided in §§46A-9-25 to 46A-9-28, inclusive, for the election of directors. However, the district may not at the time of dissolution own property or rights or have outstanding any contract or contracts or obligations of any kind.
Source:
SL 1939, ch 291, §19; SDC Supp 1960, §61.1318; SDCL §46-16-71; SL 2011, ch 165, §488.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 09 - Water User Districts › Section 46A-9-74 - Dissolution complete upon resolution of board canvassing vote--Filing.

46A-9-74. Dissolution complete upon resolution of board canvassing vote--Filing.
Dissolution of the water user district shall be completed upon resolution of the board of directors canvassing the vote and declaring that a majority of the qualified voters voting on the question have voted in favor of dissolution. A verified copy of the resolution shall be filed in the office of the Department of Agriculture and Natural Resources and in the office of the county auditor of each county in which any portion of the district lies.
Source: SL 1939, ch 291, §19; SDC Supp 1960, §61.1318; SDCL §46-16-72; SL 2011, ch 165, §489; 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-9-75 - Cancellation of applications for appropriation of water upon dissolution.

46A-9-75. Cancellation of applications for appropriation of water upon dissolution.
In case of such dissolution, the Department of Agriculture and Natural Resources shall cancel all applications for appropriation of water, and all rights of the water user district therein and thereunder shall thereupon cease and determine.
Source: SL 1939, ch 291, §19; SDC Supp 1960, §61.1318; SDCL §46-16-73; SL 2011, ch 165, §490; 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-9-76 - Municipalities excepted from chapter--Contracts with district.

46A-9-76. Municipalities excepted from chapter--Contracts with district.
Nothing in this chapter deprives any municipality within the State of South Dakota, located either wholly or partially within or outside any water user district, of the exercise of any rights with which it may be invested by law to construct, acquire, operate, maintain, or dispose of waterworks, or systems or facilities for the collection, treatment, or disposal of wastewater, or to perform any other of its lawful functions. However, any municipality may enter into any contract with any such district for the storage, purchase, or distribution of water or for the collection, treatment or disposal of wastewater, for municipal, domestic, or industrial purposes.
Source:
SL 1939, ch 291, §20; SDC Supp 1960, §61.1319; SDCL, §46-16-74; SL 1992, ch 60, §2; SL 2006, ch 226, §16.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 09 - Water User Districts › Section 46A-9-77 - Irrigation districts--Powers and functions unaffected by chapter.

46A-9-77. Irrigation districts--Powers and functions unaffected by chapter.
Nothing in this chapter repeals, limits, or in any way affects the provisions of chapters 46A-4 to 46A-7, inclusive, relating to the organization and operation of irrigation districts. Nothing in this chapter limits in any way the powers and functions of irrigation districts organized under chapters 46A-4 to 46A-7, inclusive, and nothing in this chapter repeals, limits, or affects the provisions of any other laws of the State of South Dakota other than as specifically provided in this chapter.
Source:
SL 1939, ch 291, §17; SDC Supp 1960, §61.1317; SDCL §46-16-75; SL 2011, ch 165, §491.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 09 - Water User Districts › Section 46A-9-78 - Retirement system--Participation.

46A-9-78. Retirement system--Participation.
A water user district organized under this chapter which is not a participating unit of the South Dakota Retirement System on January 1, 1983, may elect to participate in the retirement system sponsored by the South Dakota Association of Rural Water Systems.
Source:
SL 1983, ch 320; SDCL Supp, §46-16-76.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 09 - Water User Districts › Section 46A-9-79 - Appointment of water master.

46A-9-79. Appointment of water master.
The board of directors of any water user district may annually appoint a water master for the district subject to approval by the Water Management Board. Once approved, the board of directors may contract with the water master with regard to the terms and conditions of his employment. The district is bound by the provisions of the contract and shall pay the water master directly.
Source:
SL 1990, ch 363, §1.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 09 - Water User Districts › Section 46A-9-80 - Duties of water master.

46A-9-80. Duties of water master.
The water master shall:
(1)Enforce procedures for distribution of water by court decree;
(2)Enforce priorities and rights pertaining to the use of water as established by statute or case law;
(3)Administer the distribution of water obtained through any contract pursuant to §46A-9-43;
(4)Provide for the regulation and security of headgates and measuring devices as necessary to enforce the proper distribution of water; and
(5)Perform such other duties as the board of directors may specify.
Source:
SL 1990, ch 363, §2.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 09 - Water User Districts › Section 46A-9-81 - Removal of water master.

46A-9-81. Removal of water master.
The board of directors may remove the water master for cause. The Water Management Board may withdraw approval of a water master and request the board of directors to remove any water master for cause.
Source:
SL 1990, ch 363, §3.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 09 - Water User Districts › Section 46A-9-82 - Grievance appeal.

46A-9-82. Grievance appeal.
Any person aggrieved by any act or omission of any water master may appeal to the board of directors of the water user district, to the Water Management Board or to the circuit court in the county wherein the dispute arose.
Source:
SL 1990, ch 363, §4.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 09 - Water User Districts › Section 46A-9-83 - Water Management Board not affected.

46A-9-83. Water Management Board not affected.
The provisions of this chapter do not abrogate or limit the rights, powers, duties, and functions of the State Water Management Board, but are supplementary thereto.
Source:
SL 1990, ch 363, §5.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 09 - Water User Districts › Section 46A-9-84 - Group insurance for members of board of directors.

46A-9-84. Group insurance for members of board of directors.
A water user district may enroll in any authorized group health insurance plan, group dental insurance plan, or both, for the members of the board of directors of the district. The plan may provide for group health and dental insurance against the financial cost of hospital, surgical, and medical treatment and care, and such other coverage benefits, including a group life insurance plan and a group disability income insurance plan, as may be deemed appropriate and desirable by the district.
Source:
SL 2009, ch 228, §1.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 09 - Water User Districts › Section 46A-9-85 - Director or employee benefit from contract authorized.

46A-9-85. Director or employee benefit from contract authorized.
The board may authorize a director, or an employee of the water user district whose responsibilities include approving, awarding, or administering a contract on behalf of the district, to be a party to a contract or derive a direct benefit from a contract with the district, if:
(1)The person provides a written disclosure of the person's interest to the board;
(2)The board reviews the terms of the contract and the person's obligations and benefits under the contract;
(3)The board determines that the contract is fair and reasonable to the district and not contrary to the public interest; and
(4)The board adopts a resolution of approval that is in written form and retained as a public record.
Source: SL 2023, ch 152, §1.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 09 - Water User Districts › Section 46A-9-86 - Director or employee benefit from contract authorized--Direct benefit described.

46A-9-86. Director or employee benefit from contract authorized--Direct benefit described.
For purposes of §46A-9-85, a direct benefit from a contract is derived if the director or employee, the spouse of the director or employee, or any other person with whom the director or employee lives and commingles assets:
(1)Has more than a five percent ownership interest in an entity that is a party to the contract;
(2)Derives income, compensation, or commission directly from the contract or from an entity that is a party to the contract;
(3)Acquires real or personal property under the contract; or
(4)Serves as a director on the board of a for-profit entity that:
(a)Derives income or a commission from the contract; or
(b)Acquires real or personal property under the contract.
A direct benefit is not derived solely from the value associated with any investment or holdings by a director or employee, the spouse of the director or employee, or any other person with whom the director or employee lives and commingles assets.
Source: SL 2023, ch 152, §2.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-2 - County drainage commission--Appointment--Filling vacancies--Majority required to act--Ex officio members.

46A-10A-2. County drainage commission--Appointment--Filling vacancies--Majority required to act--Ex officio members.
The board of county commissioners of each county may appoint a commission of three or more members, the total membership of which shall always be an uneven number and at least one member of which shall be a member of the board, to be known as the county drainage commission. If a commission member resigns his or her position, is unable to fulfill the duties of the position, or is removed for cause under the provisions of §46A-10A-3, the board shall appoint a new member to the commission within thirty days. A commission may not conduct official business unless all memberships on the commission are filled and unless a majority of the members are present at a meeting of the commission. Administrative officials of the county may be appointed as ex officio members of the commission, but have no vote in commission matters.
Source:
SL 1985, ch 362, §3; SL 2011, ch 165, §492.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-3 - Term and removal of members.

46A-10A-3. Term and removal of members.
The term of office for members of a county drainage commission shall be established by the board of county commissioners. Any appointed member of a county drainage commission may be removed for cause, after a hearing prior to the expiration of his term, by a majority vote of the elected members of the board of county commissioners.
Source:
SL 1985, ch 362, §4; SL 1988, ch 365.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-4 - Meetings.

46A-10A-4. Meetings.
A drainage commission shall meet at such times as may be necessary to accomplish the purposes of this chapter, but a commission may not meet less than once every six months.
Source:
SL 1985, ch 362, §5.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-6 - Employment of personnel.

46A-10A-6. Employment of personnel.
To carry out the purposes of this chapter, a board or commission may employ an engineer or a hydrologist, or both, and such staff as it deems necessary, and a board or commission may contract with engineering consultants or with other specialists including an attorney who may be a part-time state's attorney for services it requires.
Source:
SL 1985, ch 362, §7; SL 1986, ch 378, §1.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-7 - Assistance by units of state government--Expense reimbursement.

46A-10A-7. Assistance by units of state government--Expense reimbursement.
Any unit of state government may offer such technical assistance as it is able to any board or commission requesting such assistance. However, such technical assistance may not include granting a permit, settling a dispute, accepting a plan, establishing a coordinated drainage area, or performing any other decision function relegated to boards or commissions under the provisions of this chapter and chapter 46A-11. A unit of state government providing technical assistance may require reasonable reimbursement for its expenses. The provisions of this section do not prohibit the Water Management Board from taking action or providing assistance pursuant to the provisions of this section and §§46A-10A-9.1 to 46A-10A-9.5, inclusive.
Source:
SL 1985, ch 362, §8; SL 1987, ch 336, §1.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-7.1 - Maintenance of correspondence file--Correspondence marked with date of receipt--Term of retention.

46A-10A-7.1. Maintenance of correspondence file--Correspondence marked with date of receipt--Term of retention.
Any member of a board or a county drainage commission, if established, shall maintain a file containing a copy of any written correspondence relating to drainage control, including any complaint, request for information or request for assistance, received by such board or commission member. Any correspondence shall be clearly marked with the date of receipt and shall be retained for a minimum period of two years.
Source:
SL 1987, ch 337.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-8 - State Water Management Board, districts, and existing water rights unaffected--Effect on drainage districts.

46A-10A-8. State Water Management Board, districts, and existing water rights unaffected--Effect on drainage districts.
The provisions of this chapter and chapter 46A-11 do not abrogate or limit the rights, powers, duties, and functions of the State Water Management Board with reference to water rights, flood control, outlet elevations for public lakes, or ordinary high and low water marks on public lakes, but are supplementary thereto. This chapter and chapter 46A-11 do not limit or affect the laws of this state relating to organization and maintenance of irrigation districts, water user districts, water project districts, water development districts, conservation districts, or watershed districts, nor does it infringe upon or establish any rights superior to any existing water rights. The provisions of this chapter may affect drainage districts only as outlined under provisions of §46A-10A-43.
Source:
SL 1985, ch 362, §8A; SL 1986, ch 379, §4.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-9 - Joint drainage efforts by counties.

46A-10A-9. Joint drainage efforts by counties.
The boards or commissions of two or more counties may cooperate on drainage. Expenses incurred in connection with joint efforts, including contracted services, shall be shared equitably per agreement among the counties involved. Promotion of regional drainage projects, coordinated drainage areas and drainage patterns or schemes, including passage of compatible ordinances and resolutions in adjoining counties, is the primary but not exclusive objective of joint efforts.
Source:
SL 1985, ch 362, §9.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-9.1 - Petition for assistance in development of intercounty drainage plan--Board defined.

46A-10A-9.1. Petition for assistance in development of intercounty drainage plan--Board defined.
If the effectiveness of any drainage activity or official control depends upon cooperative action by the board of an adjoining county, and if voluntary joint drainage efforts, undertaken in good faith pursuant to §46A-10A-9, have been unsuccessful, a board may file a petition with the Water Management Board requesting assistance in the development of an intercounty drainage plan or official control. For purposes of the provisions of §§46A-10A-9.1 to 46A-10A-9.5, inclusive, the term "board" means Board or County Drainage Commission, if established.
Source:
SL 1987, ch 336, §2.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-9.2 - Meeting to develop mutually acceptable joint county drainage activities.

46A-10A-9.2. Meeting to develop mutually acceptable joint county drainage activities.
Within thirty days after receipt of a petition for assistance filed pursuant to §46A-10A-9.1, the chief engineer as defined by subdivision 46-1-6(5) shall schedule a meeting with representatives of any affected board or commission for the purpose of developing mutually acceptable joint county drainage activities or official controls.
Source:
SL 1987, ch 336, §3.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-9.3 - Recommendation, notice, and hearing before Water Management Board--Cost of publication--Implementation.

46A-10A-9.3. Recommendation, notice, and hearing before Water Management Board--Cost of publication--Implementation.
If efforts under §46A-10A-9.2 to develop voluntary joint county drainage activities or official controls are unsuccessful, the chief engineer shall prepare a recommendation concerning joint county drainage activities or official controls. The recommendation, notice and hearing before the Water Management Board shall be conducted pursuant to the procedure contained in chapter 46-2A. Any cost of publication shall be borne by the affected counties. Following the hearing, the Water Management Board shall, by order, require any affected board to implement any action which the Water Management Board deems necessary for the effective drainage of land in the affected counties. The Water Management Board may require any action or official control which a board could properly institute pursuant to the provisions of this chapter.
Source:
SL 1987, ch 336, §4.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-9.4 - Limitation on effectiveness of action required by Water Management Board.

46A-10A-9.4. Limitation on effectiveness of action required by Water Management Board.
Any action or official control required by the Water Management Board pursuant to §46A-10A-9.3 shall remain in effect for a period of no longer than one year.
Source:
SL 1987, ch 336, §5.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-9.5 - Action required by board to be included in county drainage plan--Not subject to referendum procedure.

46A-10A-9.5. Action required by board to be included in county drainage plan--Not subject to referendum procedure.
Any action or official control required by the Water Management Board pursuant to §46A-10A-9.3 shall be consistent with the principles outlined in §46A-10A-20 and shall be included in the applicable county drainage plan, if a plan has been established. Such actions or official controls are not subject to any referendum procedure set forth in this chapter.
Source:
SL 1987, ch 336, §6.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-10 - Joint powers agreements by local units of government as to drainage.

46A-10A-10. Joint powers agreements by local units of government as to drainage.
Any unit of local government may enter into joint powers agreements with the board and with each other in order to avoid overlapping drainage jurisdiction and to promote cooperation and continuity in drainage matters.
Source:
SL 1985, ch 362, §10.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-11 - Agreements for receipt of federal or state funds for drainage.

46A-10A-11. Agreements for receipt of federal or state funds for drainage.
Any county engaging in a drainage program may receive grants-in-aid from or enter into agreements with any department or agency of the government of the United States or the state to arrange for the receipt of federal or state funds in the interest of furthering a drainage program.
Source:
SL 1985, ch 362, §11.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-12 - Municipality contracting with county for services--Fees.

46A-10A-12. Municipality contracting with county for services--Fees.
Any governing body of a municipality may contract with the board for drainage expertise and services to be provided by the county. Such contract may provide that the municipality shall pay fees as are agreed upon for the services performed.
Source:
SL 1985, ch 362, §12.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-13 - Joint county-municipal drainage activities.

46A-10A-13. Joint county-municipal drainage activities.
A contract between a governing body of a municipality and a board may provide for joint county-municipal drainage activities.
Source:
SL 1985, ch 362, §13.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-14 - Board to provide funds, equipment, and accommodations for county drainage activity.

46A-10A-14. Board to provide funds, equipment, and accommodations for county drainage activity.
The board of county commissioners shall provide the funds, equipment, and accommodations necessary for such drainage activity as the county undertakes.
Source:
SL 1985, ch 362, §14.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-15 - Adoption of emergency drainage measures--Hearing--Notice--Limited term--Renewal.

46A-10A-15. Adoption of emergency drainage measures--Hearing--Notice--Limited term--Renewal.
If a county is conducting or in good faith intends to conduct drainage activity within a reasonable time, or has held or is holding a hearing for the purpose of considering a drainage project, coordinated drainage area, drainage plan, or other official controls, the board, in order to protect the public general welfare, may adopt as an emergency measure a temporary drainage map, temporary drainage ordinances, or other temporary official controls, the purpose of which shall be to regulate drainage and related matters as constitutes the emergency. Within fourteen days of adoption or renewal of any emergency measure, the board shall hold at least one public hearing with notice of the time and place of the hearing published at least ten days in advance in a newspaper having general circulation in the county. An emergency measure is limited to six months from the date it becomes effective and may be renewed for six months, but may not be in effect for more than one year.
Source:
SL 1985, ch 362, §15.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-16 - County drainage plan--Preparation--Adjuncts--Considerations.

46A-10A-16. County drainage plan--Preparation--Adjuncts--Considerations.
A board or a county drainage commission, if established, may prepare, or cause to be prepared, a drainage plan for the county, including those municipalities within the county which have requested by resolution of the governing board of such municipality to be included. Any drainage ordinances, any official drainage map, and other official controls as deemed necessary shall be included as adjuncts to a drainage plan. The board or commission shall consider any drainage right described in §46A-10A-31, any drainage district described in §46A-10A-43, the drainage plans or projects of a unit of local government and existing coordinated drainage areas formed pursuant to §46A-10A-47 in preparation of a county drainage plan.
Source:
SL 1985, ch 362, §16.