reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 13 - Interstate Drainage Districts › Section 46A-13-10 - Petition for improvement of interstate drainage project--Filing with commission, Contents--Jurisdiction--Joint survey--Appointment of engineers.

46A-13-10. Petition for improvement of interstate drainage project--Filing with commission, Contents--Jurisdiction--Joint survey--Appointment of engineers.
At least twenty-five South Dakota resident owners of not less than ten acres of land each within an interstate drainage district formed pursuant to this chapter, or the governing body of any county or municipality located within the district that is likely to be affected by a proposed improvement, may file a petition with the district commission setting forth the necessity for an improvement to be constructed by joint arrangement and cooperation with the authorities of another state. The petition shall include a general description of the proposed improvement. If the proposed improvement involves a ditch or watercourse, the petition shall describe the starting point, the general route, and terminus, together with a description of the territory likely to be affected. If the improvement involves the raising, lowering, or impounding of water in any body of water or stream, the petition shall include a description of the body of water or watercourse and the proposed changes to be made, and shall state the purpose for the changes and a description of the land likely to be affected by the changes. The petition shall request the construction of any of the drainage or flood control improvements referred to in this chapter.
The district commission has jurisdiction over all matters referred to in the petition in the counties named within the limits of the district. In addition, the commission may make joint contracts or agreements with the court, tribunal, or other body in the adjoining state, having authority relative to drainage and control of flood waters, for the appointment of one or more engineers to secure a joint survey of the territory affected by the proposed improvement. The joint survey shall be for purposes of considering the adoption of a joint plan for cooperation in supplying the necessary drainage of lands affected by the improvement, and impounding and controlling flood waters in and the outlet from the affected lands. In selecting the engineers, preference shall be given to state engineers or engineers in charge of state drainage in the respective states.
For purposes of this section, status as a resident owner of land within an interstate drainage district is as shown by the records in the offices of the register of deeds and the clerk of courts of the county in which the land is situated. If the land is sold under contract for deed, which is of record in the office of the register of deeds of the county, both the landowner and the individual purchaser of the land, as named in the contract for deed, shall be treated as owners.
Source:
SDC 1939, §61.1105; SL 1964, ch 222, §2; SDCL §46-23-10; SL 2011, ch 165, §509.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 13 - Interstate Drainage Districts › Section 46A-13-11 - Bond of petitioners requesting improvement of interstate drainage project--Sureties, approval by commission--Amount--Conditions.

46A-13-11. Bond of petitioners requesting improvement of interstate drainage project--Sureties, approval by commission--Amount--Conditions.
Before acting upon the petition for such improvements, such interstate drainage district commission shall require the petitioners to furnish a bond with proper sureties to be approved by such commission in such sum as it may designate, to secure the payment of all expenses which may be incurred in such proceeding in the event that such improvement be not ordered constructed by such commission.
Source:
SDC 1939, §61.1105; SL 1964, ch 222, §2; SDCL, §46-23-11.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 13 - Interstate Drainage Districts › Section 46A-13-12 - Survey and report of engineers--Time for completion and filing.

46A-13-12. Survey and report of engineers--Time for completion and filing.
The interstate drainage district commission and the authorities representing drainage in the adjoining state may make all necessary orders and regulations relative to the making of the survey and report of the engineers appointed under §46A-13-10 and may specify all information required in such report and the time within which the report shall be completed and filed with the commission and with the authorities in the adjoining state.
Source:
SDC 1939, §61.1105; SL 1964, ch 222, §2; SDCL §46-23-12; SL 2011, ch 165, §510.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 13 - Interstate Drainage Districts › Section 46A-13-13 - Proposed improvement of interstate drainage project affecting water of United States--Use of government surveys or plans.

46A-13-13. Proposed improvement of interstate drainage project affecting water of United States--Use of government surveys or plans.
In the event the proposed improvement affects a navigable stream or body of water, and as such is under the control of the United States government, any surveys or plans for improvements made and furnished by the United States government engineers which may be submitted may be used for the purpose of securing and adopting a joint plan.
Source:
SDC 1939, §61.1105; SL 1964, ch 222, §2; SDCL, §46-23-13.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 13 - Interstate Drainage Districts › Section 46A-13-14 - Report of survey by engineers--Consideration by commission and officials of adjoining state--Joint plan for construction of improvement--Order to be record of commission.

46A-13-14. Report of survey by engineers--Consideration by commission and officials of adjoining state--Joint plan for construction of improvement--Order to be record of commission.
Upon the filing of the report of the engineers appointed to make the joint survey, which in all instances shall be made at the earliest possible date, the interstate drainage district commission, together with the representatives of the adjoining state or states, shall consider the report with the view of providing a joint plan for the construction of the proposed improvement. After full consideration of the report and all information obtainable about the matters included in the report and the proposed improvement, the commission may arrange for a joint plan with the authorities or representatives of the other state or states, and adopt the joint plan for the construction of the proposed improvement, if the commission determines that the plan is practicable and for the best interests of the district. The order of the commission determining the joint plan, together with a copy of the plan, shall be made a record of the commission.
Source:
SDC 1939, §61.1106; SDCL §46-23-14; SL 2011, ch 165, §511.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 13 - Interstate Drainage Districts › Section 46A-13-15 - Commission of viewers--Appointment--Report.

46A-13-15. Commission of viewers--Appointment--Report.
Upon the adoption of the joint plan, the interstate drainage district commission, together with the representatives of any adjoining state, may appoint a commission of viewers consisting of three disinterested persons, at least one of whom shall be a citizen of this state, who may examine in detail the full improvement proposed and all property affected by the proposed improvement. The commission of viewers shall report of its findings, as the commission of the drainage district and the representatives of any adjoining state require, relative to all benefits and damages that will result from the improvement. The report shall address benefits and damages from the improvement affecting highways, railway companies, and municipal corporations, and shall include a description of each piece of property and the name of each company or corporation affected by the improvement. The report shall give the amounts of benefits and damages that may result to the property or corporations from the construction of the improvement, together with the estimated cost of the improvement including all damages and expenses connected with the improvement, and the aggregate amount of benefits that will result from the improvement.
Source:
SDC 1939, §61.1107; SDCL §46-23-15; SL 2011, ch 165, §512.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 13 - Interstate Drainage Districts › Section 46A-13-16 - Estimation of total cost of construction of proposed improvement of interstate drainage project.

46A-13-16. Estimation of total cost of construction of proposed improvement of interstate drainage project.
In estimating the probable total cost of the construction of such improvement, all damages resulting therefrom and all expenses and fees attending the same, including counsel fees, except the expenses of the representatives of the various states, may be included.
Source:
SDC 1939, §61.1107; SDCL, §46-23-16.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 13 - Interstate Drainage Districts › Section 46A-13-17 - Agreement of commission and representatives of adjoining state as to amount of costs to be borne by property within the respective states--Hearings.

46A-13-17. Agreement of commission and representatives of adjoining state as to amount of costs to be borne by property within the respective states--Hearings.
Upon the filing of a copy of the viewers' report with the commission of the drainage district, the commission and the proper representatives of any adjoining state shall agree upon the proportionate amount of the cost of the improvement that shall be borne by the property located within the respective states, which shall be according to the benefits received. For the purpose of arriving at the determination of costs and benefits, the commission, with or without the representatives of any adjoining state, may hold hearings. From all the information obtained from the report of the viewers and from the hearings, the commission shall arrive at and agree with the representatives of any adjoining state upon the proportionate amount of the cost of the improvement to be borne by the property located within the drainage district, and shall enter the determination of record.
Source:
SDC 1939, §61.1107; SDCL §46-23-17; SL 2011, ch 165, §513.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 13 - Interstate Drainage Districts › Section 46A-13-18 - Determination by commission fixing proportion of cost payable by district--Finality.

46A-13-18. Determination by commission fixing proportion of cost payable by district--Finality.
The determination so made by the drainage commission fixing the proportion of the cost of the proposed improvement that shall be paid by such drainage district shall be final and conclusive on all persons and property within such district in case the improvement is constructed.
Source:
SDC 1939, §61.1107; SDCL, §46-23-18.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 13 - Interstate Drainage Districts › Section 46A-13-19 - Joint plan for proposed improvement of interstate drainage project--Establishment--Determination of proportion of cost to be borne by respective states--Hearing on petition to construct.

46A-13-19. Joint plan for proposed improvement of interstate drainage project--Establishment--Determination of proportion of cost to be borne by respective states--Hearing on petition to construct.
After the establishment of the joint plan and the determination of the proportion of cost which shall be borne by the respective states, the drainage commission shall fix a time and place within the district for the hearing of the petition to construct such improvement according to the joint plan as adopted and with the cost to be divided and apportioned as determined.
Source:
SDC 1939, §61.1108; SDCL, §46-23-19.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 13 - Interstate Drainage Districts › Section 46A-13-20 - Hearing on proposed improvement of interstate drainage project--Notice, publication and posting, description of plan, summoning of interested persons.

46A-13-20. Hearing on proposed improvement of interstate drainage project--Notice, publication and posting, description of plan, summoning of interested persons.
Notice of such hearing shall be given by publication for two consecutive issues in a legal weekly newspaper of each county affected by the proposed improvement, and by posting copies of such notice in at least three public places near the route of the proposed drainage within the drainage district. Such notice shall describe the location and plan of the proposed drainage improvement and the tract of country likely to be affected thereby in general terms, the separate tracts of land, if any, through which the proposed improvement will pass or be located, and give the names of the owners thereof as appears from the records of the office of the register of deeds at the date of the filing of the petition, and shall refer to the files in the proceedings for further particulars. Such notice shall summon and require all persons affected by the proposed improvement to appear at such hearing and show cause why such improvement should not be established and constructed, and shall summon all persons deeming themselves damaged by the proposed drainage or claiming compensation for the lands proposed to be taken or damaged by such improvement to present their claims therefor at such hearing.
Source:
SDC 1939, §61.1108; SDCL, §46-23-20.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 13 - Interstate Drainage Districts › Section 46A-13-21 - Hearing on proposed improvement of interstate drainage project--Appearance for or against.

46A-13-21. Hearing on proposed improvement of interstate drainage project--Appearance for or against.
At such hearing any person interested may appear for or in opposition to the statements of the petition and matters set forth in the engineers' and viewers' reports and findings and agreement of the drainage commission with the representatives of the other state or states for a joint plan and for proportioning the cost of such improvement.
Source:
SDC 1939, §61.1109; SDCL, §46-23-21.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 13 - Interstate Drainage Districts › Section 46A-13-22 - Adjournment of hearing on proposed improvement of interstate drainage project, purposes--Modification of joint plan, recording.

46A-13-22. Adjournment of hearing on proposed improvement of interstate drainage project, purposes--Modification of joint plan, recording.
Such drainage commission may in its discretion adjourn such hearing for the purpose of conferring with the representatives of the other state or states relative to modifying the joint plan, or relative to modifying the findings as to the proportion of the cost to be borne by each state. If such modification is made, the same shall be entered of record as in case of the original order therefor.
Source:
SDC 1939, §61.1109; SDCL, §46-23-22.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 13 - Interstate Drainage Districts › Section 46A-13-23 - Denial of petition for drainage improvement--Grounds--Liability of petitioners for costs of proceeding.

46A-13-23. Denial of petition for drainage improvement--Grounds--Liability of petitioners for costs of proceeding.
If the drainage commission has fully heard and considered the petition and the joint plan as adopted or modified, the report of the engineers and viewers, and the determination as to the proportion of cost to be borne by this state, and if the commission finds the proposed drainage improvement not conducive to the public health, convenience, or welfare, or not needed or practicable for the purpose of draining agricultural lands, or that the proportion of the cost of the proposed improvement to be borne by this state will be greater than the benefits conferred, the commission shall deny the petition for the drainage improvement. The petitioners are jointly and severally liable for the cost and expenses of the proceeding thus far made and incurred by the drainage commission, and the costs and expenses may be recovered in a civil action.
Source:
SDC 1939, §61.1109; SDCL §46-23-23; SL 2011, ch 165, §514.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 13 - Interstate Drainage Districts › Section 46A-13-24 - Establishment of drainage improvement by commission--Grounds--Designation of name.

46A-13-24. Establishment of drainage improvement by commission--Grounds--Designation of name.
If the drainage commission finds the drainage improvement proposed and finally agreed upon with the representatives of the other state or states conducive to the public health, convenience, or welfare, or necessary or practicable for draining agricultural lands, and that the cost thereof apportioned to be paid by this state does not exceed the benefits conferred, it shall establish such drainage improvement and give the same a name so far as the same shall be within the limits of this state.
Source:
SDC 1939, §61.1109; SDCL, §46-23-24.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 13 - Interstate Drainage Districts › Section 46A-13-25 - Costs borne by state--Assessments--Warrants.

46A-13-25. Costs borne by state--Assessments--Warrants.
The cost of services and expenses of the drainage commission, all fees, costs and expenses relating to the procedure for assessing damages, costs of the equalization of benefits and costs of making assessments and issuance of warrants or bonds shall be added to the proportionate cost of construction of improvements borne by the state. It is intended that each state shall bear the expenses of its own representative or tribunal in making joint drainage improvement. All other costs and expenses of the procedure in making an improvement shall be borne jointly by the states according to the proportion of benefits theretofore determined. The commission may make one or more assessments for the purpose of raising money, or it may, in advance of making assessments, issue warrants payable only from assessments to be thereafter made. The warrants shall bear interest at a rate to be negotiated by the parties and may not be sold at less than their face value.
Source:
SDC 1939, §61.1111; SDCL, §46-23-25; SL 1983, ch 28, §61.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 13 - Interstate Drainage Districts › Section 46A-13-26 - Damages caused by construction of proposed improvement--Assessment, hearing, appeal.

46A-13-26. Damages caused by construction of proposed improvement--Assessment, hearing, appeal.
The drainage commission shall also assess the damages sustained by each tract of land or other property within this state by the construction of the proposed improvement, and fix the compensation for any land or property taken or damaged. Any person interested may be heard in the matter of damages or compensation for property taken or damaged, and the determination of the drainage commission shall be final unless an appeal therefrom shall be taken as provided in this chapter, and failure to prosecute such appeal or to appear and contest an award of damages by the commission shall be conclusively deemed a waiver of any such damages or compensation, or of any claimant's right to have the same assessed by a jury.
Source:
SDC 1939, §61.1109; SDCL, §46-23-26.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 13 - Interstate Drainage Districts › Section 46A-13-27 - Establishment of drainage improvement and determination of damages--Equalization of benefits.

46A-13-27. Establishment of drainage improvement and determination of damages--Equalization of benefits.
After the establishment of the drainage improvement and the determination of the damages, if any, the drainage commission shall fix the proportion of benefits of the proposed drainage among the lands or municipal corporations affected and equalize the same in like manner and after like notice as provided for the equalization of benefits in drainage matters by boards of county commissioners.
Source:
SDC 1939, §61.1110; SDCL, §46-23-27.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 13 - Interstate Drainage Districts › Section 46A-13-28 - Assessments for portion of cost of construction of drainage improvement required to be paid by drainage district--Property subject to assessment.

46A-13-28. Assessments for portion of cost of construction of drainage improvement required to be paid by drainage district--Property subject to assessment.
After the establishment of the drainage improvement and the determination of the damages and the fixing of the proportion of benefits by the drainage commission, such commission shall proceed to raise the money with which to pay the portion of the cost of the construction of such improvement required to be paid by such drainage district. Such money shall be raised by an assessment to be made by such commission against each tract and property affected by the improvement within the district in proportion to the benefits fixed.
Source:
SDC 1939, §61.1111; SDCL, §46-23-28.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 13 - Interstate Drainage Districts › Section 46A-13-29 - Bonds to raise money for portion of cost of construction of drainage improvement required to be paid by drainage district--Issuance and sale.

46A-13-29. Bonds to raise money for portion of cost of construction of drainage improvement required to be paid by drainage district--Issuance and sale.
For the prompt raising of money with which to bear the proportionate cost of such proposed drainage improvement, such commission may issue bonds in the same manner and with the same effect as boards of county commissioners are authorized to issue bonds in drainage proceedings. Such commission may sell such bonds at not less than the par value thereof as it may deem best for the interests of all persons within this state affected by such drainage, any premium received on such bonds to be credited to the fund of the particular drainage.
Source:
SDC 1939, §61.1111; SDCL, §46-23-29.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 13 - Interstate Drainage Districts › Section 46A-13-30 - Assessments for drainage purposes--Authority of commissioners of interstate drainage district.

46A-13-30. Assessments for drainage purposes--Authority of commissioners of interstate drainage district.
All of the provisions of the laws of this state relating to the making of assessments by the board of county commissioners for drainage purposes, so far as the same shall be applicable and not inconsistent with the provisions of this chapter, shall apply to assessments by such drainage commission, and such commission shall exercise within its drainage district the same power and authority relating to making assessments for drainage purposes as are conferred upon a board of county commissioners within its county.
Source:
SDC 1939, §61.1111; SDCL, §46-23-30.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 13 - Interstate Drainage Districts › Section 46A-13-31 - Special assessment order of commissioners of interstate drainage district--Certified copy filed with county treasurer--Lien of assessment--Collection and disbursement of assessments.

46A-13-31. Special assessment order of commissioners of interstate drainage district--Certified copy filed with county treasurer--Lien of assessment--Collection and disbursement of assessments.
After the drainage commission makes a special assessment, a certified copy of the order making the assessment, or as much as relates to property within each county, shall be filed with the county treasurer of each county for collection. From the time of filing, the assessments are due and payable. They are perpetual liens upon the respective tracts so assessed against all persons or governments, except this state and the United States. If they are not paid within ten days, they shall bear interest from the date of the order at the Category D rate of interest as established in §54-3-16 payable annually. The assessments shall be paid to the county treasurer and held in a separate fund, all interest accrued to be credited to the fund, and shall be paid by the county treasurer upon warrants issued by the drainage commission.
Source:
SDC 1939, §61.1112; SDCL, §46-23-31; SL 1983, ch 28, §62; SL 1984, ch 319, §30.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 13 - Interstate Drainage Districts › Section 46A-13-32 - Construction of drainage improvement--Provision for necessary funds--Letting of contract--Advertising for bids--Joint arrangements.

46A-13-32. Construction of drainage improvement--Provision for necessary funds--Letting of contract--Advertising for bids--Joint arrangements.
If the funds necessary to complete the improvement are provided by the proper authorities of each affected state, the commission in this state may join with the court or tribunal of any other affected state and, by acting jointly or by a commission appointed by the affected states for that purpose, construct the drainage improvement. The affected states or the commission may make all necessary arrangements for the letting of a contract for the construction of the drainage improvement and may advertise for bids for the construction in accordance with the plans and specifications which shall be reported and provided by the engineers appointed to make the joint survey. The bids shall be received and opened at a time and place designated in the notice, and the contracts shall be let in a manner designated in the notice. All or any portion of the improvement may be contracted for separately, and the contract shall contain such conditions and provisions as the respective authorities acting jointly may require. All provisions for the completion of the improvement, the supervision of the work, and the payment for the work may be provided for by joint arrangement between the representatives of the several states. The authorities of each state, however, are responsible only for the sums arranged to be furnished by assessment or otherwise within the limits of the state.
Source:
SDC 1939, §61.1113; SDCL §46-23-32; SL 2011, ch 165, §515.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 13 - Interstate Drainage Districts › Section 46A-13-33 - Maintenance and repair of drainage improvement constructed by joint arrangement--Assessments.

46A-13-33. Maintenance and repair of drainage improvement constructed by joint arrangement--Assessments.
The maintenance and repair of any drainage improvement constructed by joint arrangement with the authorities of any other state, under the provisions of this chapter, may be provided for by joint arrangement with the other state in the same manner as the drainage improvement was originally established and constructed. Any provision of this chapter relating to the construction of a drainage improvement by joint action applies to the maintenance and repair of the drainage improvement if action is taken for maintenance and repair under the provisions of this chapter. The drainage commission may make assessments upon the property benefited, according to the benefit received, for the proportionate share of the maintenance and repair of any drainage improvement the maintenance and repair is arranged for under the provisions of this chapter.
Source:
SDC 1939, §61.1114; SDCL §46-23-33; SL 2011, ch 165, §516.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 13 - Interstate Drainage Districts › Section 46A-13-34 - Absence of arrangement for joint action--Repair and maintenance treated as drainage improvement within state.

46A-13-34. Absence of arrangement for joint action--Repair and maintenance treated as drainage improvement within state.
In the absence of such an arrangement for joint action, the repair and improvement of any such drainage shall be treated as a drainage improvement within the state, and its repair and maintenance within the limits of this state shall be provided for in accordance with the drainage laws of this state. The repair and maintenance shall be made by the drainage commission of the drainage district, and the commission for the purpose of making the repair and maintenance shall exercise all the powers conferred upon it by this chapter in drainage matters and may make assessments for the repair and maintenance of the improvement within this state on the property benefited by the improvement as provided in this chapter to raise money for the construction of the improvement.
Source:
SDC 1939, §61.1114; SDCL §46-23-34; SL 2011, ch 165, §517.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 13 - Interstate Drainage Districts › Section 46A-13-35 - Defects not affecting substantial rights disregarded in suit to avoid assessment or invalidate proceeding--Substantial defect--Rights of parties determined by court-Reassessment.

46A-13-35. Defects not affecting substantial rights disregarded in suit to avoid assessment or invalidate proceeding--Substantial defect--Rights of parties determined by court-Reassessment.
Any defect or irregularity not affecting the substantial rights of the parties interested, occurring in any proceeding under this chapter, shall be disregarded in any action or proceeding seeking to avoid any assessment or to cancel, annul, or declare void any proceeding held under this chapter. If the defect is substantial, the court shall of its own motion determine the rights of the parties, validate the proceeding, and assess the costs as justice may require, if the court finds cause for the validation or that the action should have been taken in the first instance and all parties interested are before the court. If for any reason an assessment is held void or set aside, the court shall immediately make an order directing the reassessment of a proper sum, with interest, against all property on which the assessment is held invalid. Upon filing the order with the drainage commission, reassessment shall be made and enforced in accordance with the order.
Source:
SDC 1939, §61.1115; SDCL §46-23-35; SL 2011, ch 165, §518.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 13 - Interstate Drainage Districts › Section 46A-13-36 - Appeal from final determination of commission to circuit court--Manner and time of taking--Effect of taking.

46A-13-36. Appeal from final determination of commission to circuit court--Manner and time of taking--Effect of taking.
An appeal shall lie from any final order or determination of the drainage commission fixing damages occasioned by the making of the drainage improvement, or fixing the proportion of assessments of benefits, to the circuit court for the county in which the property affected is located, by anyone aggrieved by any such order or determination. The appeal may be taken in the manner and within the time provided by law for appeals from the action of boards of county commissioners in drainage matters. The taking of such an appeal has the same effect and is determined by the court in like manner as appeals from boards of county commissioners in drainage matters, but does not stay the drainage proceedings. No appeal may be allowed from any action of the drainage commission except as provided in this section.
Source:
SDC 1939, §61.1116; SDCL §46-23-36; SL 2011, ch 165, §519.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 14 - Watershed Districts › Section 46A-14-1 - Purpose of chapter--Construction and administration.

46A-14-1. Purpose of chapter--Construction and administration.
In order to carry out conservation of the natural resources of the state through land utilization, flood control, and other needs, upon sound scientific principles, for the protection of the public health and welfare and the provident use of the natural resources, the creation of a public corporation as an agency of the state for the aforesaid purposes is herein provided. This chapter shall be construed and administered so as to make effective the following state policy:
(1)The general welfare of the people of South Dakota requires that the land and water resources of the state be conserved and put to optimum beneficial use.
(2)Worthwhile land and water resource developments by the people and organizations in the state are to be encouraged in every way possible by state government and state government shall control, coordinate, and regulate the interrelationship of, and interdependence of, land and water resource projects in order to assure and maintain maximum benefits to the people of the state.
(3)To this end, construction of land and water resource projects in the state shall receive the review, approval, and assistance of the administering agency of state government to the extent that proposed project works are complementary with other existing and proposed developments.
(4)To this end, also, land and water resource development project proposals shall include adequate attention to continuous maintenance in order to assure that the works constructed shall continue to provide the service for which they were built and sponsors of such projects and responsible administrators of state government shall perform their duties in such a manner as to assure the benefits that accrue to the people directly affected by land and water developments are maintained and do not become a menace to or produce damage to the property of others.
Source:
SL 1957, ch 492, §1; SDC Supp 1960, §61.1501; SDCL, §46-24-1.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 14 - Watershed Districts › Section 46A-14-2 - Definition of terms.

46A-14-2. Definition of terms.
Terms used in this chapter mean:
(1)"Conservation district," a conservation district established in accordance with state law;
(2)"District," a proposed or existing watershed district as provided in this chapter;
(3)"Engineer," an engineer designated by the managers to act as the engineer of the district;
(4)"Hearing," a hearing scheduled and conducted by either the board of managers, conservation districts, or the Board of Water and Natural Resources, during which all interested parties shall be given a reasonable opportunity to be heard;
(5)"Initiating petition," a petition as provided in this chapter for the creation or modification of a watershed district;
(6)"Interested party," any public corporation or any person having an interest in the subject matter pending or involved and including the designated representative or any agency of government;
(7)"Landowner," any owner of land, as evidenced by records in the offices of the register of deeds and the clerk of courts in the county containing a proposed or existing watershed district. If land is sold under a contract for deed that is of record in the office of the register of deeds in the county in which the land is situated, both the landowner and the individual purchaser of the land, as named in the contract for deed, are treated as a landowner;
(8)"Managers," the board of managers of a watershed district;
(9)"Person," a natural person, firm, partnership, association, limited liability company, or corporation, but not a public or political subdivision;
(10)"Public corporation," a county, municipality, school district, or a political subdivision of the state, other than a watershed district; and
(11)"Work" or "works," any construction, maintenance, repairs, or improvements of a watershed district.
Source:
SL 1957, ch 492, §2; SL 1959, ch 452, §1; SDC Supp 1960, §61.1502; SL 1965, ch 303, §1; SDCL §46-24-2; SL 1984, ch 297, §1; SL 1988, ch 367, §1; SL 1991, ch 17 (Ex. Ord. 91-4), §17; SL 1992, ch 60, §2; SL 1998, ch 36, §57; SL 2013, ch 228, §5.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 14 - Watershed Districts › Section 46A-14-4 - Conservation purposes supporting establishment.

46A-14-4. Conservation purposes supporting establishment.
A watershed district may be established for any of the following conservation purposes:
(1)Control or allocation of damage by floods by flood prevention structures including levees;
(2)Improvement of stream channels;
(3)Reclaiming or filling wet and overflowed lands;
(4)Providing water supply for irrigation;
(5)Regulating the flow and conserving the water of streams;
(6)Diverting or changing watercourses in whole or in part;
(7)Providing and conserving water supply for domestic, industrial, recreational, and other public use;
(8)Providing for sanitation and public health and regulating the use of streams, ditches, or watercourses for the disposition of waste;
(9)Relocate, extend, replace, modify, consolidate, or abandon in whole or in part, drainage systems within a watershed district and to operate and maintain drainage systems;
(10)Imposition of preventive or remedial measures for the control or alleviation of land and soil erosion and siltation of watercourses or bodies of water affected by erosion;
(11)Protection or enhancement of the water quality in watercourses or water basins;
(12)Protection of groundwater; and
(13)Improvement, restoration, and maintenance of lakes, streams, and wetlands.
Source:
SL 1957, ch 492, §4; SL 1959, ch 452, §2; SDC Supp 1960, §61.1504; SL 1965, ch 303, §2; SDCL §46-24-4; SL 1989, ch 389, §1; SL 2013, ch 228, §7.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 14 - Watershed Districts › Section 46A-14-4.1 - Functions and duties of commission.

46A-14-4.1.Functions and duties of commission.
The State Conservation Commission shall perform the following functions and duties with respect to watershed projects:
(1)Review proposed applications for watershed planning assistance under the Federal Watershed and Flood Prevention Act (P.L. 566, 83rd Congress), as amended to January 1, 2013;
(2)Develop policies and procedures for processing such applications in accordance with state law and policies;
(3)Conduct field examination of watersheds with all state and federal agencies and other groups having an interest in development of watersheds;
(4)Determine physical feasibility of proposals for watershed projects;
(5)Recommend priorities for watershed planning assistance under federal P. L. 566;
(6)Make recommendations concerning all applications for planning assistance under federal P. L. 566, to the Board of Water and Natural Resources for consideration in official actions on behalf of the State of South Dakota;
(7)Assist, counsel, and advise conservation district supervisors in the organization of watershed districts under this chapter;
(8)Assist conservation districts within limits of appropriations and personnel with installation and maintenance of the land treatment phase of watershed projects.
The Board of Water and Natural Resources is hereby designated the state agency to act on behalf of the State of South Dakota with respect to watershed projects in order to fulfill the provisions of the Federal Watershed and Flood Prevention Act (P. L. 566, 83rd Congress), as amended to January 1, 2013.
Source:
SL 2013, ch 228, §8.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 14 - Watershed Districts › Section 46A-14-5 - Initiating petition for establishment--Filing--Signatures required.

46A-14-5. Initiating petition for establishment--Filing--Signatures required.
Any proceeding for the establishment of a watershed district shall be initiated by the filing of an initiating petition with each conservation district in which the proposed watershed district is located. The initiating petition shall be as provided in §6-16-2. If the proposed watershed district includes land in more than one conservation district, the supervisors of each such conservation district shall act jointly as a board of supervisors on all matters concerning the watershed district that are specified in this chapter for a single conservation district.
An official of any municipality authorized by resolution of the governing body may sign the petition on behalf of the municipality if land located within the boundaries of the municipality is to be included in the watershed district. The petition need not be signed by any of the property owners of the municipality.
Source:
SL 1957, ch 492, §5; SL 1959, ch 452, §3; SDC Supp 1960, §61.1505 (1); SDCL §46-24-5; SL 1992, ch 60, §2; SL 1998, ch 36, §58; SL 2013, ch 228, §9.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 14 - Watershed Districts › Section 46A-14-6 - Boundaries of district--Contiguous land ownerships.

46A-14-6. Boundaries of district--Contiguous land ownerships.
The boundaries of a watershed district may be entirely within or partly within a county or conservation district and may include the whole or any part of one or more counties or conservation districts. The land ownerships embraced within a watershed district shall be contiguous. If feasible, the district shall include all territory within the affected watershed or drainage basin, or all territory from which the water from natural or artificial channels finds its outlet through a main stream or channel. However, if the ownership of a parcel of land is not a matter of record in the office of the register of deeds of the county in which the land is situated, or if a parcel of land is not subject to payment of taxes or special assessments, the land may be excluded from a proposed or existing watershed district.
Source:
SL 1957, ch 492, §4; SL 1959, ch 452, §2; SDC Supp 1960, §61.1504; SL 1965, ch 303, §2; SDCL §46-24-6; SL 2011, ch 165, §521; SL 2013, ch 228, §10.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 14 - Watershed Districts › Section 46A-14-7 - Inclusion of municipality.

46A-14-7. Inclusion of municipality.
In order to carry out the powers granted to municipalities by the provisions of §9-36-15, the governing body of a municipality may request that all or any portion of the corporate area of a municipality be included in a watershed district if, in the determination of the governing body, inclusion in a new or existing watershed district offers opportunities favorable to the municipality:
(1)For alleviation of flood water damages to roads, streets, waterworks, sewer works, river and stream improvements, public or private property, or other improvements within the municipality; or
(2)In lieu of or betterment of or supplementary to improvements by the municipality as may be under consideration by the governing body; or
(3)To take advantage of federal or other loans, as provided by §9-43-137, or federal or other grants of funds or service; or
(4)To reduce capital investments or other obligations by the municipality which may be otherwise probable; or
(5)For betterment of the health, safety, or general welfare of the residents of the municipality.
Source:
SL 1959, ch 452, §3; SDC Supp 1960, §61.1505 (2); SDCL §46-24-7; SL 2013, ch 228, §11.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 14 - Watershed Districts › Section 46A-14-8 - Initiating petition--Contents.

46A-14-8. Initiating petition--Contents.
The initiating petition shall contain the following:
(1)The name of the proposed district;
(2)A statement that there is need in the interest of the public health, safety, and welfare for creation of a district to accomplish improvements in the watershed;
(3)A statement in general terms setting forth the purposes of the contemplated improvements, the territory to be included in the district, and all proposed subdivisions, if any, of the district;
(4)The number of and names of the initial board of managers of the proposed district, the provisions of §§6-16-5 and 6-16-5.2 notwithstanding. The initial managers shall serve for a period of one year or until the first annual meeting. The petition shall specify whether the board consists of three or five members. The managers shall be eligible voters of the proposed district or the designee of an eligible voter as provided in §46A-14-15.1. However, no manager may be a public officer of the state or federal government;
(5)A map and legal description of the lands constituting the proposed district and the name of any municipality included partly or wholly within the boundaries of the proposed district; and
(6)The location of the official place of business of the proposed district.
Source:
SL 1957, ch 492, §5; SL 1959, ch 452, §3; SDC Supp 1960, §61.1505 (3); SDCL §46-24-8; SL 1992, ch 60, §2; SL 2000, ch 32, §7; SL 2013, ch 228, §12.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 14 - Watershed Districts › Section 46A-14-11 - Duties of supervisors on receipt of initiating petition.

46A-14-11. Duties of supervisors on receipt of initiating petition.
Upon receipt of the initiating petition by the conservation district, its supervisors shall:
(1)Acknowledge receipt of the petition;
(2)Determine, by working in cooperation with the auditor of each county in which a portion of the proposed district is located, whether the petition contains sufficient signatures as required by §6-16-2;
(3)Prepare a preliminary report based upon the initiating petition, and other available data, stating the feasibility and practicability of the proposed improvement and organization of the district, for the purpose of presentation by the conservation district supervisors at hearings as provided in this chapter;
(4)Adjust, as necessary, and fix the boundaries of the proposed district.
Source:
SL 1957, ch 492, §5; SL 1959, ch 452, §3; SDC Supp 1960, §61.1505 (6); SDCL §46-24-11; SL 2013, ch 228, §14.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 14 - Watershed Districts › Section 46A-14-13 - Time and place for hearing on initiating petition--Publication of notice--Contents.

46A-14-13. Time and place for hearing on initiating petition--Publication of notice--Contents.
If the conservation district supervisors and county auditors determine that a sufficient initiating petition has been filed, the conservation district supervisors shall within ten days, thereafter, by their order, fix a time and place, for a hearing on the petition. Notice of the hearing shall be given by the conservation district supervisors by publication once each week for at least two consecutive weeks in a newspaper of general circulation in the area covered by the proposed district. The last notice shall occur within ten days before the hearing and shall contain the following:
(1)A statement that an initiating petition has been filed with the conservation district supervisors and a copy of the petition with the county auditor of each affected county;
(2)A general description of the purpose of the contemplated improvement and the territory to be included in the proposed district;
(3)The date, time, and place of hearing;
(4)A statement that all persons affected by the petition or interested in the petition may appear and be heard.
Source:
SL 1957, ch 492, §6; SL 1959, ch 452, §4; SDC Supp 1960, §61.1506; SDCL §46-24-13; SL 1972, ch 239, §8; SL 2013, ch 228, §16.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 14 - Watershed Districts › Section 46A-14-14 - Hearing by conservation district on petition--Right of interested persons to be heard.

46A-14-14. Hearing by conservation district on petition--Right of interested persons to be heard.
At the time and place fixed for the hearing all persons interested in or affected by the proposed formation of the district shall be given an opportunity to be heard. The conservation district supervisors may continue the hearing from time to time as they may deem necessary.
Source:
SL 1957, ch 492, §7; SL 1959, ch 452, §5; SDC Supp 1960, §61.1507 (1); SDCL, §46-24-14.