reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 11 - Drainage Assessments And Bonds › Section 46A-11-8 - Assessment certificates--Issuance--Form and contents--Rights of holder--Enforcement.

46A-11-8. Assessment certificates--Issuance--Form and contents--Rights of holder--Enforcement.
A board may issue separate assessment certificates against each tract assessed for the amount of its assessment and may sell them at not less than par value with accrued interest or may contract to pay for construction of the project with assessment certificates or with warrants. Any assessment certificate shall refer to the record, in the office of the county auditor, of the order of assessment and the copy in the county treasurer's office, shall transfer to the holder all interest, claim, or right in the assessment, and shall bear the same rate of interest, carry a property lien and be enforceable as provided by law.
Source:
SDC 1939, §61.1008; SDCL, §46-21-8; SL 1985, ch 362, §105.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 11 - Drainage Assessments And Bonds › Section 46A-11-9 - Assessments for further costs of construction.

46A-11-9. Assessments for further costs of construction.
After damages arising from establishment and construction of a project are paid and lands for the drainage are taken, assessments may be made for further costs of construction.
Source:
SDC 1939, §61.1011; SDCL, §46-21-9; SL 1985, ch 362, §106.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 11 - Drainage Assessments And Bonds › Section 46A-11-10 - Assessments as work progresses--One assessment sufficient where no damages are payable or damages have been paid with warrants.

46A-11-10. Assessments as work progresses--One assessment sufficient where no damages are payable or damages have been paid with warrants.
If no damages are required to be paid before taking lands for a project or if damages have been paid by proceeds from the sale of warrants, only one assessment need be made. However, the board may make several assessments as work progresses.
Source:
SDC 1939, §61.1011; SDCL, §46-21-10; SL 1985, ch 362, §107.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 11 - Drainage Assessments And Bonds › Section 46A-11-11 - Agreement of contractors to take assessment certificates or warrants for services--Assessment for entire balance of cost of construction--Lien of assessment--Enforcement--Sale of assessment certificates, purpose.

46A-11-11. Agreement of contractors to take assessment certificates or warrants for services--Assessment for entire balance of cost of construction--Lien of assessment--Enforcement--Sale of assessment certificates, purpose.
If project contractors agree to take assessment certificates or warrants for their services, assessments need not be made until the completion of the work. At that time an assessment shall be made for the entire balance of cost of construction, including services of the board, surveyors and assistants, plans and profiles, publication and filing, other fees, interest on bonds, and all expenses that contribute to establishment and construction of the project. Notice of the assessment shall be given by the board in the same manner as required for any other assessment under this chapter. Such assessment and any certificates issued thereon shall provide perpetual liens upon tracts assessed, shall be interest-bearing, and shall be enforceable in the same manner as any other assessment and certificates. The board may sell such assessment certificates at not less than par value to raise funds to defray the cost of project establishment and construction.
Source:
SDC 1939, §61.1011; SL 1985, ch 362, §108.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 11 - Drainage Assessments And Bonds › Section 46A-11-12 - Assessments paid to county treasurer--Distribution.

46A-11-12. Assessments paid to county treasurer--Distribution.
Assessments shall be paid to the county treasurer and assessment proceeds shall be remitted to the holders of assessment certificates upon order of the board for the particular project.
Source:
SDC 1939, §61.1011; SDCL, §46-21-12; SL 1985, ch 362, §109.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 11 - Drainage Assessments And Bonds › Section 46A-11-13 - Assessments for drainage, payment in installments--Agreement of taxpayer with county auditor--Assessment certificates, coupon form.

46A-11-13. Assessments for drainage, payment in installments--Agreement of taxpayer with county auditor--Assessment certificates, coupon form.
Any owner of any tract of land against which an assessment for drainage is made who, within thirty days after the making of the assessment, files with the county auditor an agreement in writing that he will pay the assessment with interest as fixed by the board shall be allowed to pay the assessment in ten annual installments with interest payable annually. Assessment certificates may not issue until after expiration of the period for filing such agreements and, if issued as payable in installments, may be issued in coupon form.
Source:
SDC 1939, §61.1015; SDCL, §46-21-13; SL 1985, ch 362, §110.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 11 - Drainage Assessments And Bonds › Section 46A-11-14 - Assessments for drainage, payment in installments--Time installments due--Penalty on delinquencies.

46A-11-14. Assessments for drainage, payment in installments--Time installments due--Penalty on delinquencies.
The first installment under an agreement filed pursuant to §46A-11-13 shall be payable within ten days after a certified copy of the assessment has been filed in the office of the county treasurer. Subsequent installments shall be payable each year for one to nine years from the date of an assessment, with interest on the entire amount unpaid payable annually at maturity of each installment. Subsequent installments shall become delinquent after expiration of thirty days from the time they are payable and a penalty of five percent shall attach. If, however, bonds have been issued for construction of the project, as provided in this chapter, assessments shall be payable in installments sufficient to meet payments on the bonds.
Source:
SDC 1939, §61.1015; SDCL, §46-21-14; SL 1985, ch 362, §111.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 11 - Drainage Assessments And Bonds › Section 46A-11-15 - Discharge of assessments for drainage--Land not discharged until bond issue paid.

46A-11-15. Discharge of assessments for drainage--Land not discharged until bond issue paid.
Assessments may be paid in full at any time and full discharge given by the county treasurer to any landowner. However, if bonds have been issued, a payment of assessment may not operate as a discharge of the land from its liability in favor of the bonds until the entire principal and interest have been fully paid.
Source:
SDC 1939, §61.1015; SDCL, §46-21-15; SL 1985, ch 362, §112.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 11 - Drainage Assessments And Bonds › Section 46A-11-16 - Assessments of school and public lands for construction of drainage project--Certification by county auditor--Payment.

46A-11-16. Assessments of school and public lands for construction of drainage project--Certification by county auditor--Payment.
Any assessment against lands described in §46A-10A-56 for construction of a drainage project shall be certified by the county auditor of the county in which the project is located to the board or officer having charge of the lands. If sufficient funds are under control of the officer or board from which payment of the assessment can be made, it shall be made. If sufficient funds are not available, the officer or board shall approve the assessment and certify it to the state auditor, who shall pay the assessment from money available for that purpose. If no money is available, the state auditor shall request the Legislature to provide an appropriation for payment of the assessment. The payment shall be made to the treasurer of the county in which the lands are located. No penalty other than interest may attach to any such land after an assessment becomes delinquent and the land may not be sold to enforce delinquent assessments.
Source:
SDC 1939, §61.1201; SDCL §46-21-16; SL 1985, ch 362, §113; SL 2011, ch 165, §503.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 11 - Drainage Assessments And Bonds › Section 46A-11-17 - Assessments for drainage against municipalities--Tax levy by municipal officials--Enforcement and collection.

46A-11-17. Assessments for drainage against municipalities--Tax levy by municipal officials--Enforcement and collection.
If an assessment for drainage or installment has been made against any county, municipality, or township, the officers of the unit of government whose duty it is to levy taxes shall at the next annual tax levy make a levy for drainage purposes in an amount necessary to pay the assessment and remit it to the proper officers as provided for other taxes. The levy and tax shall be enforced and collected in all respects as are other taxes.
Source:
SDC 1939, §61.1008; SDCL, §46-21-17; SL 1985, ch 362, §114; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 11 - Drainage Assessments And Bonds › Section 46A-11-18 - Payment of drainage assessments against townships--Unorganized townships.

46A-11-18. Payment of drainage assessments against townships--Unorganized townships.
Any surplus remaining in any fund at the close of a fiscal year may be used by a township to pay and apply toward any drainage assessment. In unorganized townships, the board may pay for drainage from any money of the unorganized township. Each succeeding year a like levy shall be made by local officials until the entire assessment is paid.
Source:
SDC 1939, §61.1008; SDCL, §46-21-18; SL 1985, ch 362, §115.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 11 - Drainage Assessments And Bonds › Section 46A-11-19 - Assessments for drainage--Enforcement by county treasurer, sale of property.

46A-11-19. Assessments for drainage--Enforcement by county treasurer, sale of property.
Assessments for drainage or installments shall be enforced by the county treasurer by sale of property at an annual tax sale. However, no late assessment or installment may be included in the sale for any year unless it was delinquent on or before August first of that year. Any provisions of law relating to collection of general taxes, redemption from taxes, and issuance of tax deeds shall apply to enforcement of a lien or drainage assessment if applicable, except that a treasurer's deed issued upon a delinquent drainage assessment shall state that the title is subject to claims which the state or any political subdivision may have against the title for annual taxes.
Source:
SDC 1939, §61.1008; SDCL, §46-21-19; SL 1985, ch 362, §116.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 11 - Drainage Assessments And Bonds › Section 46A-11-20 - Assessments upon land in other counties--Payment to treasurer of county in charge of drainage--Delinquent assessments.

46A-11-20. Assessments upon land in other counties--Payment to treasurer of county in charge of drainage--Delinquent assessments.
Any assessment made by a board upon land in another county shall be paid to the county treasurer of the county having charge of the project. If the assessment becomes delinquent, the treasurer of the county having charge of the project shall certify the amount delinquent on any separate tract of land outside of the county to the treasurer of the county in which the land is situated. That treasurer shall collect the assessment as provided by this chapter and shall remit the collections to the treasurer of the county having charge of the project within thirty days.
Source:
SDC 1939, §61.1036; SDCL §46-21-20; SL 1985, ch 362, §117; SL 2011, ch 165, §504.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 11 - Drainage Assessments And Bonds › Section 46A-11-22 - Cancellation of installments of assessment--Reassessment with further assessments--Issuance of bonds--Consideration of payments by landowner on account of previous assessments or penalties accrued for nonpayment.

46A-11-22. Cancellation of installments of assessment--Reassessment with further assessments--Issuance of bonds--Consideration of payments by landowner on account of previous assessments or penalties accrued for nonpayment.
Installments of any assessment which has been made under the provisions of this chapter, including those past due, if no delinquent assessments have been sold and no bonds issued, at the discretion of the board may be canceled and reassessed separately or together with any further assessment. However, the reassessment, in lieu of unpaid installments, shall be in the same amount as the canceled installments. The board may issue bonds to be paid from funds obtained by such new assessment in accordance with the provisions of this chapter. If any assessment is canceled for purpose of reassessment, either singly or in conjunction with other assessments, consideration shall be given to payments made on account of previous assessments and to penalties or interest accrued on account of nonpayment or delinquency in payment of any previous assessment and such amounts shall be deducted from or added to the final assessments in the amounts paid or accrued.
Source:
SDC 1939, §61.1016; SDCL, §46-21-22; SL 1985, ch 362, §119.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 11 - Drainage Assessments And Bonds › Section 46A-11-23 - Levy of costs over several years--Fixing annual levy--Bond issue--Terms of bonds.

46A-11-23. Levy of costs over several years--Fixing annual levy--Bond issue--Terms of bonds.
If the board determines that the estimated cost of a proposed project is greater than should be levied in a single year upon the lands benefited, it may fix the amount to be levied and collected each year and by resolution provide for issuance of bonds in an amount not to exceed the amount of unpaid assessment. The bonds shall bear interest payable annually or semiannually and shall mature in proportions and at times as assessments have been collected, not exceeding twenty years from issue.
Source:
SDC 1939, §61.1024; SDCL, §46-21-23; SL 1983, ch 28, §60; SL 1985, ch 362, §120.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 11 - Drainage Assessments And Bonds › Section 46A-11-24 - Drainage bonds--Execution--Purpose of issue--Negotiation--Recital--Charge against lands.

46A-11-24. Drainage bonds--Execution--Purpose of issue--Negotiation--Recital--Charge against lands.
Bonds issued pursuant to §46A-11-23 shall be signed by the chairman of the board and the auditor, shall be issued for the benefit of the particular drainage district, and shall be numbered, recorded, and indexed in the office of the county auditor. The board shall negotiate the bonds at not less than their par value and the proceeds and any premium received on the bonds shall be credited to the fund of the particular drainage project. The bonds shall state that they are issued pursuant to this chapter and that they are to be paid out of funds to be obtained as provided in this chapter. The bonds shall be a charge against the lands for which benefit the bonds are issued until the principal and interest thereon have been fully paid.
Source:
SDC 1939, §61.1024; SDCL, §46-21-24; SL 1985, ch 362, §121.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 11 - Drainage Assessments And Bonds › Section 46A-11-25 - Drainage bonds--County not liable for payment--Payment from assessments.

46A-11-25. Drainage bonds--County not liable for payment--Payment from assessments.
No county may be liable for payment of any bonds issued under this chapter. The bonds shall be paid from funds derived from assessments under this chapter.
Source:
SDC 1939, §61.1024; SDCL, §46-21-25; SL 1985, ch 362, §122.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 11 - Drainage Assessments And Bonds › Section 46A-11-26 - Assessments payable to treasurer of county in which assessed land is situated--Issuance of bonds by joint action of boards--Laws governing.

46A-11-26. Assessments payable to treasurer of county in which assessed land is situated--Issuance of bonds by joint action of boards--Laws governing.
Assessments are payable to the treasurer of the county in which assessed land is situated. Bonds may be issued by jointly acting boards and payable from assessments for the project. The bonds shall be signed by the chairman of each board, countersigned by the auditor of each county and may be issued for any portion of the expenses of the project. The terms, issue, collection of assessments, and all other procedure shall be the same as for a project located entirely within one county and any assessments and certificates shall be a lien and enforceable as for a single county project.
Source:
SDC 1939, §61.1036; SDCL, §46-21-26; SL 1985, ch 362, §123.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 11 - Drainage Assessments And Bonds › Section 46A-11-27 - Additional bonds, issuance--Cost of proposed drainage exceeding estimated cost--New apportionment of assessments--Certification of assessments finally fixed to county treasurer--Money collected by county treasurer on assessments to be paid to bondholders.

46A-11-27. Additional bonds, issuance--Cost of proposed drainage exceeding estimated cost--New apportionment of assessments--Certification of assessments finally fixed to county treasurer--Money collected by county treasurer on assessments to be paid to bondholders.
If the cost of a proposed project exceeds the preconstruction estimate, a new apportionment of assessments may be made and additional bonds issued and sold in like manner. If the proceeds of the assessments are insufficient to pay the principal and interest of bonds sold pursuant to this chapter, a new apportionment of assessment may be made to meet the shortage in funding. If assessments for a drainage project are finally fixed, they shall be certified to the county treasurer by the county auditor and money collected shall be received by the county treasurer to be paid to holders of bonds as the principal and interest become due.
Source:
SDC 1939, §61.1024; SDCL, §46-21-27; SL 1985, ch 362, §124.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 11 - Drainage Assessments And Bonds › Section 46A-11-28 - Separate accounts for drainage projects.

46A-11-28. Separate accounts for drainage projects.
Separate accounts shall be kept by the treasurer for each drainage project and no funds for one drainage project may be applied to any other project.
Source:
SDC 1939, §61.1024; SDCL, §46-21-28; SL 1985, ch 362, §125.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 11 - Drainage Assessments And Bonds › Section 46A-11-29 - Unpaid installments of assessments for drainage--Extension by board of county commissioners--Drainage refunding bonds authorized.

46A-11-29. Unpaid installments of assessments for drainage--Extension by board of county commissioners--Drainage refunding bonds authorized.
The board of any county having outstanding drainage bonds issued under the provisions of this chapter may extend unpaid installments of assessments for such project and issue and sell drainage refunding bonds as provided in §§46A-11-30 to 46A-11-34, inclusive.
Source:
SDC 1939, §61.1017; SDCL, §46-21-29; SL 1985, ch 362, §126.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 11 - Drainage Assessments And Bonds › Section 46A-11-30 - Petition for extension of unpaid installments for drainage--Number of signatures required--Identification of drain--Contents--Hearing, publication of notice.

46A-11-30. Petition for extension of unpaid installments for drainage--Number of signatures required--Identification of drain--Contents--Hearing, publication of notice.
If there is filed with the county auditor a petition signed by owners of not less than fifty-one percent of the real property assessed for a project, which petition identifies the project and states that owners of land assessed for the project have defaulted in payment of one or more installments of assessments, that landowners are unable to pay installments falling due during the current year, or any other facts showing a necessity for an extension, the county auditor shall set the matter for hearing before the board at any regular or special meeting. The auditor shall publish notice of the hearing in a legal newspaper of the county at least once a week for at least two successive weeks prior to the hearing. The notice shall acknowledge filing of the petition, shall identify the project, and shall state the purpose, time, and place of the hearing.
Source:
SDC 1939, §61.1018; SDCL, §46-21-30; SL 1985, ch 362, §127.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 11 - Drainage Assessments And Bonds › Section 46A-11-31 - Petition for extension of unpaid installments for drainage--Consideration by board of county commissioners--Adjournment of hearing--Order of board.

46A-11-31. Petition for extension of unpaid installments for drainage--Consideration by board of county commissioners--Adjournment of hearing--Order of board.
At the time and place specified in a notice under §46A-11-30, the board shall consider the petition. If the board determines that the petition is proper and required notice has been given, it has jurisdiction to hear and decide the matter. The board may adjourn the hearing from time to time. If the board determines that the facts stated in the petition are accurate, that an extension of time of payment of unpaid installments is necessary in order to prevent default in payment of a majority of assessments, and that the owners of property assessed for the project will benefit by an extension of unpaid installments, it may order that all or any portion of unpaid installments shall be extended for a period as it determines, not exceeding fifteen years from the date of the order. Interest on extended assessments is payable annually at the time provided in the original assessment.
Source:
SDC 1939, §61.1019; SDCL, §46-21-31; SL 1985, ch 362, §128.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 11 - Drainage Assessments And Bonds › Section 46A-11-32 - Appeal from order extending time for payment of unpaid installments--Determination--Waiver of matter not included in appeal.

46A-11-32. Appeal from order extending time for payment of unpaid installments--Determination--Waiver of matter not included in appeal.
Any person aggrieved by an order issued under §46A-11-31 may appeal the order to the circuit court for the county within the time and in the manner provided by this chapter and chapter 46A-10A. On appeal, the right, power, and authority of the board to make the order and the necessity therefor may be heard. Any matter not included in the appeal is deemed waived.
Source:
SDC 1939, §61.1020; SDCL, §46-21-32; SL 1985, ch 362, §129.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 11 - Drainage Assessments And Bonds › Section 46A-11-33 - Refunding outstanding evidences of indebtedness--Sale and exchange--Laws governing.

46A-11-33. Refunding outstanding evidences of indebtedness--Sale and exchange--Laws governing.
If a board issues an order extending the time for payment of installments of assessments, or if all assessments not extended have been collected or become delinquent, the board may refund outstanding bonds, warrants, or certificates on account of any project, which may then be due or nearly due or which may be refunded at a lower rate of interest, and may issue and sell drainage refunding bonds of the county. The bonds may be sold at par value or may be exchanged for outstanding obligations of the district. Except as otherwise stated, the provisions of this chapter apply to issuance, sale, and payment of the bonds.
Source:
SDC 1939, §61.1021; SDCL, §46-21-33; SL 1985, ch 362, §130.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 11 - Drainage Assessments And Bonds › Section 46A-11-34 - Determination of amount required to pay principal and interest on outstanding bonds by board of county commissioners--Time for making--New apportionment of assessment against lands, collection.

46A-11-34. Determination of amount required to pay principal and interest on outstanding bonds by board of county commissioners--Time for making--New apportionment of assessment against lands, collection.
Not later than its October meeting each year, the board shall calculate the funding required during the ensuing year to pay principal and interest on outstanding bonds on account of any projects for which assessments have been extended and the funding realized from assessments levied on real property not then in default in payment of taxes or assessments. If the board determines that the funding will not be sufficient to pay interest and principal, the board shall make a new apportionment of assessment against lands charged with the cost of the project and the assessment shall be extended, collected, and paid in the same manner as other project assessments.
Source:
SDC 1939, §61.1022; SDCL, §46-21-34; SL 1985, ch 362, §131.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 11 - Drainage Assessments And Bonds › Section 46A-11-36 - Drainage projects established under prior law--Assessments unenforceable--Appraisement and apportionment of benefits under this chapter.

46A-11-36. Drainage projects established under prior law--Assessments unenforceable--Appraisement and apportionment of benefits under this chapter.
If proceedings have been held for establishment of a ditch, drain, levee, or straightening or enlarging of a natural watercourse under prior law, if the project has been established, constructed, and assessments made therefor, and if the assessment cannot be enforced, the board shall proceed to all lands benefited by the project in like manner as if the appraisement and apportionment of benefits had never been made. The board shall proceed in the manner provided in this chapter, using as a basis the entire cost of the project. In assessment of benefits, account shall be taken of assessments, if any, that have been paid by those benefited and credit shall be given accordingly.
Source:
SDC 1939, §61.1026; SDCL, §46-21-36; SL 1985, ch 362, §133.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 11 - Drainage Assessments And Bonds › Section 46A-11-37 - Abandonment and abolition of drainage--Assessments and liens not affected.

46A-11-37. Abandonment and abolition of drainage--Assessments and liens not affected.
Abandonment or abolishment of any drainage project and its works may not affect the obligation or validity of any assessments made against any of the lands involved or a lien for such assessments.
Source:
SL 1939, ch 290, §6; SDC Supp 1960, §61.1052; SDCL, §46-21-37; SL 1985, ch 362, §134.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 11 - Drainage Assessments And Bonds › Section 46A-11-38 - Refunding excess assessments.

46A-11-38. Refunding excess assessments.
The board shall refund, upon request, any excess assessment not used in construction of any project to any person, corporation, municipality, or township within a drainage project, in proportion to the amount paid.
Source:
SDC 1939, §61.1043; SDCL, §46-21-38; SL 1985, ch 362, §135; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 11A - Mediation Of Drainage Disputes › Section 46A-11A-1 - Statewide mediation program to assist property owners in resolving disputes over surface or subsurface water drainage.

46A-11A-1. Statewide mediation program to assist property owners in resolving disputes over surface or subsurface water drainage.
The Department of Agriculture and Natural Resources shall establish and administer a statewide mediation program to provide assistance to property owners who seek to use mediation as a method to resolve disputes over the surface or subsurface drainage of water.
The secretary of the Department of Agriculture and Natural Resources shall promulgate rules pursuant to chapter 1-26 necessary for mediation, including the establishment of fees, training requirements for mediators, mediation request forms, mediation timeline, notification and intervention procedures, and any other mediation procedures as may be necessary for the mediation of drainage disputes. The parties to the mediation created under this chapter shall be limited to the person or parties that own or administer real property impacted by the planned drainage or drainage dispute.
Source: SL 2015, ch 226, §1; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 11A - Mediation Of Drainage Disputes › Section 46A-11A-2 - Staff services provided by Department of Agriculture and Natural Resources.

46A-11A-2. Staff services provided by Department of Agriculture and Natural Resources.
All staff services required by the drainage mediation program shall be provided by the Department of Agriculture and Natural Resources. The secretary of agriculture and natural resources may employ agents and employees as the secretary deems necessary. The mediation services shall be administered under the direction and supervision of the Department of Agriculture and Natural Resources. All expenses incurred in carrying on the work of the drainage mediation program, including the per diem and expenses of the staff, salaries, contract payments, department notice requirements, and any other items of expense shall be paid out of funds appropriated or otherwise made available to the farm mediation operating fund.
Source: SL 2015, ch 226, §2; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 11A - Mediation Of Drainage Disputes › Section 46A-11A-3 - Fees--Farm mediation operating fund.

46A-11A-3. Fees--Farm mediation operating fund.
Any fees incurred in the mediation process provided under this chapter and by rule shall be borne equally between the parties to the drainage dispute. The fees shall be deposited in the farm mediation operating fund. All money in the farm mediation operating fund is continuously appropriated for the purposes of administering the drainage mediation program. Any disbursements from the farm mediation operating fund shall be by authorization of the secretary of agriculture and natural resources.
Source: SL 2015, ch 226, §3; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 11A - Mediation Of Drainage Disputes › Section 46A-11A-4 - Contracts for mediation services.

46A-11A-4. Contracts for mediation services.
The Department of Agriculture and Natural Resources, in the administration of this chapter, may contract with one or more governmental entities, nonprofit corporations, individuals, or other entities as determined by the Department of Agriculture and Natural Resources to provide mediation services of drainage disputes.
Source: SL 2015, ch 226, §4; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 11A - Mediation Of Drainage Disputes › Section 46A-11A-5 - Parties to drainage dispute, property owners, and governmental entities affected by drainage activity--Meeting notice--Publication of public notice.

46A-11A-5. Parties to drainage dispute, property owners, and governmental entities affected by drainage activity--Meeting notice--Publication of public notice.
The requesting party shall promptly provide to the Department of Agriculture and Natural Resources, upon the agreement of at least two parties to enter into the mediation program created under this chapter, a list of other parties to the drainage dispute and any property owner and any county, municipality, township, or any agency of state or federal government reasonably determined by the requesting party to be affected by the drainage activity. The Department of Agriculture and Natural Resources shall send a mediation meeting notice to the identified parties, setting a time and place for an initial mediation meeting between the parties to the dispute and a mediator. This notice shall be in conjunction with a public notice of the mediation by the Department of Agriculture and Natural Resources that shall be published once each week for two consecutive weeks in one of the official newspapers designated by the county or counties where the real property involved in the drainage dispute is located. The last publication shall be published before the initial mediation meeting. The unintentional failure to notify any party who may potentially be impacted by the drainage activity may not prevent the mediation from being scheduled or completed. No notice is necessary to any property owner within the boundaries of a municipality.
Source: SL 2015, ch 226, §5; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 11A - Mediation Of Drainage Disputes › Section 46A-11A-6 - Written agreements.

46A-11A-6. Written agreements.
Any agreement reached between the parties to the drainage dispute as a result of mediation shall be drafted into a written agreement. If signed by the parties, the agreement constitutes a binding contract, and the mediator shall so certify.
Source:
SL 2015, ch 226, §6.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 11A - Mediation Of Drainage Disputes › Section 46A-11A-7 - Confidentiality of information.

46A-11A-7. Confidentiality of information.
Information relating to the dispute between the parties to the drainage dispute which is disclosed to the mediator or which is created, collected, or maintained by the Department of Agriculture and Natural Resources mediation program pursuant to the terms of this chapter is confidential to the extent agreed by the parties or provided by state law.
All mediation meetings, and all mediation activities provided by this chapter, are exempt from the provisions of chapter 1-27.
Source: SL 2015, ch 226, §7; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 11A - Mediation Of Drainage Disputes › Section 46A-11A-8 - Immunity of mediators.

46A-11A-8. Immunity of mediators.
Any person serving as a mediator pursuant to this chapter is immune from civil liability in any action brought in any court in this state on the basis of any act or omission resulting in damage or injury if the person was acting in good faith, in a reasonable and prudent manner, and within the scope of such person's official functions and duties as a mediator.
Source:
SL 2015, ch 226, §8.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 11A - Mediation Of Drainage Disputes › Section 46A-11A-9 - Intervention in mediation process.

46A-11A-9. Intervention in mediation process.
Any person or party that claims to be impacted by the planned drainage activities, upon timely notice, is allowed to intervene in the mediation process if the person's or party's claim of impact is supported by a claim that the person or party owns or administers real property impacted by the planned drainage. The request for intervention shall be supported by evidence that the intervention is necessary to protect the person's or party's property interests and that those interests will not be adequately represented by the existing parties. In considering the application for intervention, the mediator shall determine whether an applicant may intervene and whether the interest of the applicant presents a property, health, or safety issue impacted by the mediation and whether the interests of the potential interveners will not be protected by the existing parties.
Source:
SL 2015, ch 226, §9.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 13 - Interstate Drainage Districts › Section 46A-13-1 - Petition for formation of interstate drainage district--Filing with clerk of court--Landowner qualifications--Time and place for hearing--Notice.

46A-13-1. Petition for formation of interstate drainage district--Filing with clerk of court--Landowner qualifications--Time and place for hearing--Notice.
At least fifty affected South Dakota resident landowners, or the county commissioners of any affected county, may file a petition with the clerk of the circuit court for the affected county requesting the formation of a drainage district as provided in this chapter. The provisions of this section apply to any land bordering upon any body of water or stream forming the boundary line between this state and any other state, or any land included in a natural drainage basin along or extending across the boundary line of the state. For purposes of this section, an affected county is a county that lies within or partly within such territory, and an affected landowner is a South Dakota resident landowner who owns at least ten acres of such land as shown by the records of the register of deeds and clerk of courts of the county in which the land is situated. If the land is sold under a contract for deed, which is of record in the office of the register of deeds, both the landowner and the individual purchaser of the land, as named in the contract for deed, shall be treated as owners of the territory described in the petition.
Within ten days after the petition is filed, the court shall, by order, fix a time and place within the territory named in the petition for a hearing upon the petition. Notice of the hearing shall be published in at least one legal weekly newspaper published in each affected county, for two successive weeks, the last publication to be at least ten days before the day set for hearing.
Source:
SDC 1939, §61.1101; SL 1964, ch 222, §1; SDCL §46-23-1; SL 2011, ch 165, §505.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 13 - Interstate Drainage Districts › Section 46A-13-2 - Petition for formation of interstate drainage district--Jurisdiction of circuit court--Hearing--Determination of boundaries of district--Designation of name.

46A-13-2. Petition for formation of interstate drainage district--Jurisdiction of circuit court--Hearing--Determination of boundaries of district--Designation of name.
Upon the filing of such petition and the giving of such notice, such circuit court shall have full jurisdiction of all matters referred to in such petition. Upon the hearing specified in such notice such court shall have full authority by order to fix and determine, and shall by order fix and determine the boundary line of such drainage district, either as designated in the petition or as subsequently modified, which shall as far as practicable include territory that forms one drainage basin and is affected by like or similar conditions, and that can properly be united in one drainage project for all the purposes of this chapter, and shall designate a name by which such district shall be known.
Source:
SDC 1939, §61.1101; SL 1964, ch 222, §1; SDCL, §46-23-2.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 13 - Interstate Drainage Districts › Section 46A-13-3 - Powers of interstate drainage district--Public corporation--Suits by and against district.

46A-13-3. Powers of interstate drainage district--Public corporation--Suits by and against district.
Such drainage district shall be and become a public corporation under the laws of this state and may sue and be sued and have and exercise the powers conferred by this chapter or any other provision of the laws of this state relating to drainage districts.
Source:
SDC 1939, §61.1101; SL 1964, ch 222, §1; SDCL, §46-23-3.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 13 - Interstate Drainage Districts › Section 46A-13-4 - Governing commission of interstate drainage district--Number and selection of members.

46A-13-4. Governing commission of interstate drainage district--Number and selection of members.
After the formation of the drainage district as prescribed in §§46A-13-1 to 46A-13-3, inclusive, a governing commission of three members shall be chosen as provided in this section. If the territory included within the district is within a single county, the governing board shall be chosen by the county commissioners of the county. If the territory included within the district lies within two counties, the governing board shall be chosen by the joint meeting and action of the boards of county commissioners of the counties. If the territory included within the district lies within three or more counties, the governing board shall be chosen by the chairs of the boards of county commissioners of the counties meeting and acting jointly. The boards of county commissioners, or the chair of the boards, as the case may be, shall promptly meet and appoint the governing board of the district.
Source:
SDC 1939, §61.1102; SDCL §46-23-4; SL 2011, ch 165, §506.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 13 - Interstate Drainage Districts › Section 46A-13-5 - Governing commission of interstate drainage district--Qualifications of members--Term of office of commissioners--Vacancies on commission, filling.

46A-13-5. Governing commission of interstate drainage district--Qualifications of members--Term of office of commissioners--Vacancies on commission, filling.
Such governing board shall consist of three resident freeholders of this state, who shall be voters of the drainage district and who shall be known as the commissioners of such district. Such commissioners shall hold office for a period of two years from and after the date of their appointment and until their successors are appointed and qualified, and vacancies on such board shall be filled by appointment as in the first instance.
Source:
SDC 1939, §61.1102; SDCL, §46-23-5.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 13 - Interstate Drainage Districts › Section 46A-13-6 - Commissioners of interstate drainage district--Oath of office, filing--Bond, filing, approval by board of county commissioners.

46A-13-6. Commissioners of interstate drainage district--Oath of office, filing--Bond, filing, approval by board of county commissioners.
The commissioners of such drainage district shall take the oath and give the bond provided by law for members of the board of county commissioners, which oath and bond shall be filed with the county auditor of the county wherein the petition for the formation of the drainage district was filed, and such bond shall be subject to the approval of the board of county commissioners of such county.
Source:
SDC 1939, §61.1102; SDCL, §46-23-6.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 13 - Interstate Drainage Districts › Section 46A-13-7 - Organization of commission--Time--Officers--Costs.

46A-13-7. Organization of commission--Time--Officers--Costs.
The commissioners shall, within ten days after their appointment, meet at some convenient place within the drainage district and elect one of their members as chair. They shall appoint the county auditor of one of the counties having territory included within the district clerk of the commission, whose duties are to keep and preserve the records of the commission in his or her office and to act generally as the clerical officer of the commission. Thereafter, the office of the county auditor is the office of the drainage commission. The board of county commissioners of the county shall provide additional help and facilities necessary for the auditor to act as clerk of the commission. The cost of the additional help and facilities shall be ascertained by the commission, and included as part of the cost of the drainage proceeding conducted by the commission, and shall be collected by the commission and repaid to the county. The filing of any petition, report, or document with the county auditor for all purposes of this chapter is deemed a filing with the commission.
Source:
SDC 1939, §61.1104; SDCL §46-23-7; SL 2011, ch 165, §507.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 13 - Interstate Drainage Districts › Section 46A-13-8 - Compensation of commissioners.

46A-13-8. Compensation of commissioners.
The commissioners of such drainage district shall be paid the sum of seven dollars per day for each day actually and necessarily spent in performing the duties of their office and in addition their actual expenses incurred in performing such duties.
Source:
SDC 1939, §61.1102; SDCL, §46-23-8.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 13 - Interstate Drainage Districts › Section 46A-13-9 - Contract for joint action with adjoining state for drainage or flood control.

46A-13-9. Contract for joint action with adjoining state for drainage or flood control.
The commissioners of a drainage district formed pursuant to this chapter may, if necessary or expedient to carry out the purposes of this chapter, enter into a contract or agreement with the court, board, or tribunal of an adjoining state having authority relative to drainage matters in that state, including the right to raise, lower, or fix the stage of water in boundary waters, or with the United States government under its authorized authority. The contract or agreement shall be for joint action with the adjoining state for drainage or flood control measures that cause benefits or damages to, or otherwise affect, property in this state and the adjoining state. The provisions of this section apply to any lake, pond, or other body of water, or any river, stream, or watercourse that forms to any extent a boundary line between this state and any other state, and to any land included within a natural drainage basin lying along or extending across the boundary line of the state. The contract or agreement may be for the following purposes:
(1)To facilitate drainage into or from, or to control to any extent flood waters into, through, or from any such lake, pond, body of water, river, stream, or watercourse, or into or from any such land;
(2)For purposes of flood control, to raise, lower, or otherwise affect the stage or depth of water;
(3)For the joint establishment and construction of all necessary ditches, drains, canals, dikes, levees, dams, locks, spillways, or other structures necessary to provide a proper watercourse;
(4)For deepening, widening, and straightening of the channels of any river, stream, or watercourse;
(5)For controlling by dikes or levees the flow of water in a manner necessary to effectuate the provisions of this chapter; and
(6)For securing and providing the necessary drainage facilities and control of flood waters into, through, and from the boundary waters and the rivers, streams, or ditches connected with the boundary waters and for properly draining any natural drainage basin.
In order to implement the contract or agreement the commissioners may determine the damages and benefits that may result to property located within the drainage district, and may provide funds to implement the contract or agreement by special assessment upon the property benefited according to the benefits received, as provided in this chapter.
Source:
SDC 1939, §61.1103; SDCL §46-23-9; SL 2011, ch 165, §508.