reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-64 - Assistance by department--Reimbursement of expenses.

46A-10A-64. Assistance by department--Reimbursement of expenses.
If so requested, the Department of Agriculture and Natural Resources may render such assistance and advice to the board in regard to the project as the assigned duties of the department will permit. The department shall be reimbursed by the board for any expenses incident to the advice and assistance.
Source: SL 1985, ch 362, §65; SL 2011, ch 165, §499; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-65 - Denial of petition or establishment of project--Findings required.

46A-10A-65. Denial of petition or establishment of project--Findings required.
If the board has heard and considered the petition, it shall deny the petition if it finds the proposed project is not feasible and conducive to public welfare or is not necessary or practicable for draining land. If it finds the proposed project, or any variation thereof, is feasible and conducive to public welfare and necessary or practicable for draining land, the board by resolution shall establish the project.
Source:
SL 1985, ch 362, §66.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-66 - Assessments authorized--Expenses paid.

46A-10A-66. Assessments authorized--Expenses paid.
Assessments shall be made as provided in this chapter and chapter 46A-11. All compensation claims and expenses of legal notices, inspection of the proposed route, payment of engineer's and attorney's fees, and other expenses associated with project establishment shall be paid from the general fund of the county and reimbursed from those assessments.
Source:
SL 1985, ch 362, §67.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-67 - Acquisition of easements.

46A-10A-67. Acquisition of easements.
An easement for a drainage right may be acquired by the existence of a drainage ditch for a period of at least twenty consecutive years, by purchase or grant of easement from the owner of land through which the ditch will pass, or by condemnation under the provisions of this chapter and chapter 46A-11.
Source:
SL 1985, ch 362, §68.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-68 - Damages due to project--Determination--Hearing--Appeal.

46A-10A-68. Damages due to project--Determination--Hearing--Appeal.
If a board establishes a project pursuant to §46A-10A-65, it shall calculate the damage sustained by each tract of land or by other property due to construction or maintenance of the project. The board shall give notice of its determination of damages to the respective landowners and shall schedule a hearing thereon. Damages to crops growing during construction may be calculated at a later time and shall be considered part of the cost of construction. At the hearing, the board will receive evidence on the question of damages and just compensation. Any affected person or competent witness on his behalf may testify in the matter of damages or compensation for land. A determination of damages by the board after the hearing is final unless appealed as provided in this chapter. Any appeal from a board's determination of damages shall be heard in circuit court as a condemnation action. Failure to appear to contest or to appeal an award of damages shall be deemed acceptance of damages or compensation for land taken.
Source:
SL 1985, ch 362, §69.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-69 - Naming project--Record of proceedings.

46A-10A-69. Naming project--Record of proceedings.
Any project established pursuant to §46A-10A-65, shall be given a name by the board. Subsequent project proceedings shall be recorded and indexed in a book kept for that purpose in the auditor's office.
Source:
SL 1985, ch 362, §70.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-70 - Permissible drainage of land.

46A-10A-70. Permissible drainage of land.
Subject to any official controls pursuant to this chapter and chapter 46A-11, owners of land may drain the land in the general course of natural drainage by constructing open or covered drains and discharging the water into any natural watercourse, into any established watercourse, or into any natural depression whereby the water will be carried into a natural watercourse, into an established watercourse, or into a drain on a public highway, conditioned on consent of the board having supervision of the highway. If such drainage is wholly upon an owner's land, the owner is not liable in damages to any person. Nothing in this section affects the rights or liabilities of landowners in respect to running waters or streams.
Source:
SL 1985, ch 362, §71; SL 2011, ch 165, §500.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-71 - Drains along or across highways.

46A-10A-71. Drains along or across highways.
Subject to any official controls pursuant to this chapter and chapter 46A-11, drains may be laid along, within the limits of, or across any public highway. If a highway is constructed along or across a drain, the board or officers in charge of such highway shall keep the drain free and clear of obstruction.
Source:
SL 1985, ch 362, §72.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-72 - Open ditches restricted along highways.

46A-10A-72. Open ditches restricted along highways.
No open ditch may be constructed within the limits of any public highway unless the topography makes such construction advisable. If construction is advisable, the ditch shall be located at a sufficient distance from the center of the highway to permit construction of a highway of standard width.
Source:
SL 1985, ch 362, §73.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-73 - Drains along and across railroads--Costs.

46A-10A-73. Drains along and across railroads--Costs.
A drain may be constructed along a rail line, if necessary, if no damage is done to the rail line. If it is necessary to cross a railroad right-of-way, the railroad company, if so ordered by the board, shall make necessary openings through the right-of-way and construct and maintain culverts or bridges to permit free and unobstructed flow of water across the right-of-way. The cost of such construction and maintenance, except the cost of excavating the ditch across the right-of-way, shall be borne as outlined in §46A-10A-74. Service of such order shall be made upon the railroad company in the manner provided for the service of summons in a civil action. An order directing construction of a drainage bridge or culvert shall be served upon the railroad company. The railroad company shall have sixty days after the service of an order to construct the bridge or culvert.
Source:
SL 1985, ch 362, §74; SL 1986, ch 379, §9.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-74 - Construction of drainage facilities across railroads--Costs.

46A-10A-74. Construction of drainage facilities across railroads--Costs.
A railroad's reasonable estimated cost of constructing a drainage facility across a railroad right-of-way shall be included in damages to be awarded the railroad company at the time the drainage is established. If the company refuses or neglects to construct bridges or culverts within a period of sixty days after service of an order, the board may construct bridges or culverts at the expense of the county and is entitled to recover such construction costs from the railroad company. Any action to recover construction costs shall be taken to circuit court and prosecuted by the state's attorney of the county.
Source:
SL 1985, ch 362, §75.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-75 - Construction contracts--Bids--Preference of landowners--Bond of contractor--Construction without contract.

46A-10A-75. Construction contracts--Bids--Preference of landowners--Bond of contractor--Construction without contract.
At any time after adopting a drainage plan or other official control, a board may construct drainage or let contracts for its construction. A contract may be for construction of an entire drainage project, for any portion thereof, or for material and labor separately, and the contract shall be let by competitive bid. A board may reject any bid. The lowest responsible and capable bidder shall be accepted. If a responsible and capable landowner affected by the project submits one of several low bids, the landowner shall be given contract preference. If a contract is let, the contractor shall post a bond in the amount of the contract, conditioned on faithful performance of the contract and full completion of the contract to the satisfaction of the board. For purposes of bids on a proposed project, all plans and specifications for the project shall be filed in the office of the county auditor. If, in the judgment of the board, the entire project or any part thereof can be constructed for less money than the amount of the lowest bid submitted, the board may hire the necessary labor and purchase the necessary material for the construction without letting contracts, the provisions of chapters 5-18A and 5-18B notwithstanding.
Source:
SL 1985, ch 362, §76; SL 2011, ch 2, §150.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-76 - Highway bridges and culverts--Construction--Maintenance--Modification--Costs.

46A-10A-76. Highway bridges and culverts--Construction--Maintenance--Modification--Costs.
Contracts for building public highway bridges and culverts necessary after construction of a drainage project may be let separately after the project is completed. The expense of constructing bridges or culverts initially shall be charged as part of the drainage costs, but thereafter such bridges and culverts shall be maintained as part of the highway. The expense of removing, repairing, enlarging, or replacing existing bridges or culverts across the line of a proposed drainage project shall be borne in equal shares by the drainage project and the county highway fund.
Source:
SL 1985, ch 362, §77.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-77 - Construction and contracting powers of board.

46A-10A-77. Construction and contracting powers of board.
Any county board has the same powers in relation to construction of and contracting for drainage projects as it has in construction of and contracting for any other facilities.
Source:
SL 1985, ch 362, §78.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-78 - Maintenance and improvement of existing drains, watercourses, and levees.

46A-10A-78. Maintenance and improvement of existing drains, watercourses, and levees.
Powers conferred by this chapter and chapter 46A-11 for establishing and constructing drains include maintaining, relocating, extending, deepening, widening, and regulating of existing drains and drains hereafter constructed; straightening, cleaning out, deepening, and otherwise regulating channels of creeks and streams; and constructing, maintaining, remodeling, and repairing levees, dikes, and barriers for the purpose of drainage.
Source:
SL 1985, ch 362, §79.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-79 - Apportionment of original cost to annexed area when project extended.

46A-10A-79. Apportionment of original cost to annexed area when project extended.
If an existing drainage project is extended or enlarged, the board or boards shall apportion the benefits resulting to the annexed area from the existing construction in the original project as a cost to be absorbed by the lands of the annexed area on the basis of the original cost of the drain.
Source:
SL 1985, ch 362, §80.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-80 - Maintenance of drains--Assessment of costs.

46A-10A-80. Maintenance of drains--Assessment of costs.
Any drain that has been constructed under the provisions of this chapter or chapter 46A-11 is under control of the board or commission and shall be kept open and in repair by it, unless otherwise provided. If any drain is situated in more than one county, care of the portion lying within each county is assigned to that county's board or commission to be kept open and in repair. The cost of repairs shall be assessed, levied, and collected in the same manner as provided in this chapter and chapter 46A-11 for construction of drains.
Source:
SL 1985, ch 362, §81.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-81 - Jurisdiction of improved existing drain--Maintenance--Assessments.

46A-10A-81. Jurisdiction of improved existing drain--Maintenance--Assessments.
If an existing drainage project is improved, it is under the jurisdiction and supervision of the board, or joint boards if the drainage project is in more than one county, or a commission in counties adopting that form of management. Its respective board or commission shall keep it in repair. If no assessments of benefits have been made, the board having charge of the drain shall make assessments.
Source:
SL 1985, ch 362, §82.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-82 - Maintenance without notice--Actions authorized.

46A-10A-82. Maintenance without notice--Actions authorized.
At any time and on its own motion, without notice, a board may maintain a drainage project. The board may remove silt, debris, weeds, and other vegetation growth, may repair damaged structures, and may take other action as necessary to maintain the project's original efficiency or capacity.
Source:
SL 1985, ch 362, §83.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-83 - Petition for repair or improvement of drain.

46A-10A-83. Petition for repair or improvement of drain.
If a board fails to make necessary drainage repairs or improvements or fails to act as provided in §§46A-10A-81 to 46A-10A-88, inclusive, a majority of the owners of lands affected or likely to be affected by the proposed repairs or improvements may file with the county auditor a petition signed by them requesting the board to take such action. If the drainage extends over more than one county, a petition shall be filed in each county and each involved board shall act.
Source:
SL 1985, ch 362, §84.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-84 - Repairs without contract--Cost reimbursement.

46A-10A-84. Repairs without contract--Cost reimbursement.
If required drainage repairs will cost less than ten thousand dollars and the board projects a potential saving by not receiving bids, it may direct the repairs to be done by county equipment and labor. The county fund utilized shall be reimbursed from the drainage project fund thus benefited.
Source:
SL 1985, ch 362, §85.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-85 - Replacing drain as repair.

46A-10A-85. Replacing drain as repair.
If, in repairing a closed drain, the board finds from the engineer's report that it is more economical to construct a new closed drain than to repair an existing drain, the new drain is considered a repair.
Source:
SL 1985, ch 362, §86.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-86 - Improvements--Survey and cost estimate--Ordering without notice.

46A-10A-86. Improvements--Survey and cost estimate--Ordering without notice.
If a board determines that improvements which differ from repairs are necessary or desirable, the board may appoint an engineer to conduct a survey of the proposed improvement, estimate its cost, and file the estimate with the board. An improvement may include enlarging, reopening, widening, deepening, strengthening, or lengthening of any drain; changing the location of or improving and enlarging an outlet for better service; converting all or a part of any drain from an open ditch to a closed drain; installing surface pipe for open ditches; leveling spoil banks; or constructing settling basins. If the estimated cost of the improvements does not exceed ten thousand dollars, the board may order the work done without notice.
Source:
SL 1985, ch 362, §87.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-87 - Improvements requiring notice and hearing--Reclassification of benefits--Appeal.

46A-10A-87. Improvements requiring notice and hearing--Reclassification of benefits--Appeal.
If a board deems it desirable to make drainage improvements and the estimated cost exceeds ten thousand dollars, it shall set a date for a hearing on the matter and on the matter of reclassification of benefits for the cost of the improvements and shall provide notice as provided in §46A-10A-62. At the hearing the board shall hear testimony on the feasibility of the improvements and on reclassification and shall take action as it considers desirable regarding the improvements. If, due to extensive modification to the project and its operation, the board determines a reclassification of benefits should be undertaken, the board shall proceed in accordance with §§46A-11-2 to 46A-11-4, inclusive. Any affected party has the right to appeal the board's decision to reclassify benefits and to such classification, if accomplished.
Source:
SL 1985, ch 362, §88.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-88 - Assessment of maintenance and improvement costs.

46A-10A-88. Assessment of maintenance and improvement costs.
Costs of cleaning, maintaining, repairing, or improving drainage may be assessed against all land in a drainage project in the same proportion as fixed for the project. Such assessments shall be made as are other assessments for construction of drainage and all finance and enforcement provisions of law relating to assessments for the original construction of the project shall govern assessments for maintenance, cleaning, improvement, and general and emergency repairs.
Source:
SL 1985, ch 362, §89.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-89 - Maintenance and assessments for drainage work in more than one county.

46A-10A-89. Maintenance and assessments for drainage work in more than one county.
Any provisions of this chapter and chapter 46A-11 relating to maintenance of drainage or levy of maintenance assessments are the responsibility of the board of the county having jurisdiction over the drainage. Immediately after assessments are levied by a board in charge of drainage work that lies in more than one county, the county auditor shall prepare a complete transcript of the proceedings not previously filed relating to the drainage and shall file the report with each affected county.
Source:
SL 1985, ch 362, §90.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-90 - Injury or obstruction of drainage as misdemeanor--Civil liability.

46A-10A-90. Injury or obstruction of drainage as misdemeanor--Civil liability.
Any person who intentionally removes a surveyor's stake set along the line of a drain, obstructs or injures a drain or watercourse used for drainage, or breaks down or injures a levee governed by the provisions of this chapter and chapter 46A-11:
(1)Is guilty of a Class 2 misdemeanor; and
(2)Is liable for damages in an amount required to repair the injury, such damages to be recovered in a civil action by the board. Damages, when collected, shall be deposited with the county treasurer and credited to the construction and maintenance fund of the project.
Source:
SL 1985, ch 362, §91.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-91 - Drain or watercourse constructed to prevent entry of water as nuisance--Exception.

46A-10A-91. Drain or watercourse constructed to prevent entry of water as nuisance--Exception.
Any ditch, drain, or watercourse constructed to prevent surface and overflow water from adjacent land from entering it is hereby declared a nuisance and may be abated as such unless such action was taken in accordance with the provisions of this chapter and chapter 46A-11 and the principles outlined in §46A-10A-20.
Source:
SL 1985, ch 362, §92.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-92 - Abandonment of project--Procedure.

46A-10A-92. Abandonment of project--Procedure.
Any intrastate drainage project, local drainage project, or drainage works established prior to July 1, 1985, existing under the provisions of prior state law or existing under the provisions of this chapter and chapter 46A-11 may be abandoned and abolished after a petition has been filed, notice has been published, and a hearing has been held by the board having jurisdiction. Petition, notice, and hearing procedures shall be the same as for construction of a drainage project. An election may be held on the issue and shall follow the procedures outlined in §46A-10A-43.
Source:
SL 1985, ch 362, §93.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-93 - Approval required to alter drainage rights established with federal or state funds.

46A-10A-93. Approval required to alter drainage rights established with federal or state funds.
Drainage rights established by state and federal funds in state financed public improvements only may be altered or affected by the board of county commissioners or drainage commission after approval and concurrence by official action of the state agency administering such state or federal funds.
Source:
SL 1985, ch 362, §93A.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-94 - Accounts of expenditures maintained--Inspection.

46A-10A-94. Accounts of expenditures maintained--Inspection.
An itemized account of expenditures for any drainage project construction, repairs or improvement shall be maintained in the office of the county treasurer and shall be open to public inspection during regular business hours.
Source:
SL 1985, ch 362, §94.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-95 - Appeal by state as to public lands.

46A-10A-95. Appeal by state as to public lands.
In any decision involving lands described in §46A-10A-56, the state has the same right of appeal from an order relating to drainage as does an individual, but no bond on appeal need be furnished.
Source:
SL 1985, ch 362, §95.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-96 - Stay of proceedings on appeal--Bond--Damages.

46A-10A-96. Stay of proceedings on appeal--Bond--Damages.
No appeal may operate as a stay of proceedings by a board, but a court, upon taking an appeal, for good cause may issue an order staying further proceedings by a board until a hearing and determination of the merits of the appeal are completed. Before granting a stay, a court shall require a bond or other undertaking in sufficient amount and with sufficient surety so that, if the order appealed from is sustained, the person upon whose motion the stay is granted shall pay all damages caused by the stay. For purposes of this section, no activity under the provisions of §46A-10A-25 or 46A-10A-68 may be considered an appeal.
Source:
SL 1985, ch 362, §96.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-97 - Costs on appeal.

46A-10A-97. Costs on appeal.
If, on appeal, the court rules in favor of a board decision regarding a conflict between the appellant landowner and the board, the appellant landowner is liable for all costs associated with the appeal. If the contention of an appellant landowner is substantially sustained, costs associated with the appeal shall be included in the total costs of the project, but the appellant's costs before appeal shall be borne by the appellant.
Source:
SL 1985, ch 362, §97; SL 2011, ch 165, §501.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-98 - Drainage district management by Board of Trustees.

46A-10A-98. Drainage district management by Board of Trustees.
Any established drainage district as defined by §46A-10A-43 may be placed under the control and management of a board of three trustees to be elected by the persons owning land in the district.
Source:
SL 1997, ch 256, §1.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-99 - Petition for election.

46A-10A-99. Petition for election.
Twenty percent of the landowners as defined by subdivision 46A-10A-1(11), owning land within the district assessed for benefits, may file a petition requesting that a meeting be held to conduct an election to determine if a drainage district shall be governed by three trustees as authorized by §46A-10A-98. The petition shall be filed with the auditor of the county containing the majority of the land in the district. If the auditor determines the petition is signed by the requisite number of landowners, the petition shall be presented to the board of county commissioners.
Source:
SL 1997, ch 256, §2.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-100 - Election meeting--Appointments.

46A-10A-100. Election meeting--Appointments.
The board of county commissioners shall at their next session, set a date, time, and location for a meeting of district landowners to conduct an election to determine if a drainage district shall be governed by three trustees and shall enter an order to that effect. The election meeting shall be held within forty-five days from the date of the order. The board shall appoint from the landowners of the district a superintendent and two clerks of election to serve as an election board who shall convene the meeting, take minutes, and conduct the election.
Source:
SL 1997, ch 256, §3.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-101 - Publication of notice of election--Votes by proxy.

46A-10A-101. Publication of notice of election--Votes by proxy.
The county auditor shall publish notice of the election. The notice shall give the time, place, and purpose of the election. The notice shall be published for two consecutive weeks in the official newspapers of each county. The last publication may not be less than ten days before the date of the election. The auditor shall mail a copy of the notice of election to each landowner in the district. The county auditor shall also inform each landowner in writing that each landowner may vote by proxy pursuant to §46A-10A-105.
Source:
SL 1997, ch 256, §4.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-102 - Election board to procure district records preceding election--Elected trustees to act as record custodians--Updates to district records.

46A-10A-102. Election board to procure district records preceding election--Elected trustees to act as record custodians--Updates to district records.
Before any election is held, the election board shall procure from the county auditor, auditors, or appropriate county official a certified copy of the record of the establishment of the district showing the lands of the district, the assessment and classification of each tract, and the name of the person or persons against whom the tract was assessed for benefits, and the present record owner or owners. The certified record shall be kept by the trustees after they are elected for use in subsequent elections. The trustees shall, preceding each subsequent election, procure from the county auditor, auditors, or appropriate county official additional certificates showing changes of title of land assessed for benefits and the names of the new owners.
Source:
SL 1997, ch 256, §5.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-103 - Voting rights of title holder.

46A-10A-103. Voting rights of title holder.
Anyone who has acquired ownership of assessed lands since the latest certificate from the auditor may vote at any election if the person presents evidence of title to the election board for its inspection at the time the person demands the right to vote.
Source:
SL 1997, ch 256, §6.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-104 - Landowner or joint landowners entitled to one vote collectively--Voting rights of minor or protected person.

46A-10A-104. Landowner or joint landowners entitled to one vote collectively--Voting rights of minor or protected person.
A landowner or joint landowners who own a tract of land within the district assessed for benefits are entitled to one vote collectively. The vote of any person who is a minor or a protected person as defined by §29A-5-102, may be cast by the parent, conservator, or legal representative of the minor or protected person. The person casting the vote shall deliver to the clerks of election a written sworn statement giving the name, age, and place of residence of the minor or protected person.
Source:
SL 1997, ch 256, §7.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-105 - Voting through agent or proxy--Power of attorney to specify election for which it is used--Delivery of power of attorney.

46A-10A-105. Voting through agent or proxy--Power of attorney to specify election for which it is used--Delivery of power of attorney.
Any landowner or landowners entitled to vote may vote through an agent or proxy authorized to cast votes by a power of attorney signed and acknowledged by the landowner or landowners and filed before the vote is cast in the auditor's office of the county where the election is held. Every power of attorney shall specify the particular election for which it is used, indicating the day, month, and year of the election, and is void for all subsequent elections. If a landowner chooses to vote by proxy, the power of attorney shall be postmarked and sent or delivered to the address designated by the election board at least five days before the election.
Source:
SL 1997, ch 256, §8.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-106 - Superintendent's responsibilities--Manner and purpose of elections.

46A-10A-106. Superintendent's responsibilities--Manner and purpose of elections.
At the opening of the meeting, the superintendent shall state the purpose of the meeting and the manner in which the elections will be conducted. The first election conducted shall be to determine whether a board of three trustees should be elected to control and manage the district. This election shall be by secret ballot provided by the election board. If a majority of those voting approve of a board of trustees, then an election shall immediately be conducted to elect three trustees. An election conducted for trustees shall be preceded by verbal candidate nominations by those in attendance. Each voter shall be given a blank piece of paper to be used as a ballot to vote for as many trustees as are to be elected. The superintendent of the election shall instruct the voters as to how many votes may be cast on the ballot.
Source:
SL 1997, ch 256, §9.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-107 - Ballots and poll list--Ballot delivery.

46A-10A-107. Ballots and poll list--Ballot delivery.
When the voters vote by ballot to determine whether to form a board of trustees or on the election of trustees, a poll list shall be kept by the clerk of the meeting, on which shall be entered the name of each person whose vote is received. The ballot shall be delivered by the voter to one of the clerks, so folded as to conceal its contents, and the clerk shall deposit the ballot in a box provided for that purpose.
Source:
SL 1997, ch 256, §10.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-108 - Vote count--Determination of election results--Election materials to be retained for sixty days.

46A-10A-108. Vote count--Determination of election results--Election materials to be retained for sixty days.
At the close of the election, the clerks shall proceed publicly to count the votes, which, when commenced, shall continue without adjournment or interruption until the count is completed. The count shall be conducted by taking one ballot at a time from the ballot box and counting until the number of ballots is equal to the number of names on the poll list, and if there are any left in the box, they shall be marked as extra ballots and not counted. The person having the highest number of votes for trustee shall be declared duly elected. If two or more persons have an equal number of votes for trustee, the clerks of election shall at once publicly, by lot, determine which of such persons shall be declared elected. If on opening the ballot, two or more ballots are found to be so folded that it is apparent the same person voted them, such ballots shall be marked as such and not counted. The count having been completed, a statement of the result shall be entered at length by the clerk in the minutes and publicly read by the clerk to the members attending the meeting. Such reading shall be deemed official notice of the result of the election. All ballots, pool lists, power of attorney forms, and other election materials shall be kept for sixty days by the election superintendent in a manner which guarantees their safety and integrity.
Source:
SL 1997, ch 256, §11.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-109 - Results of election to determine length of term.

46A-10A-109. Results of election to determine length of term.
The results from the initial election for trustees shall determine the length of term each trustee shall hold. The candidate with the most votes shall be elected for a three-year term, the candidate with the second highest vote total shall be elected for a two-year term and the candidate with the third highest vote total shall be elected for a one-year term. The term of office for a trustee elected at a succeeding election shall be three years or until the trustee's successor has qualified.
Source:
SL 1997, ch 256, §12.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-110 - Trustees to appoint superintendent and clerks for subsequent election board--Determination of compensation of election board.

46A-10A-110. Trustees to appoint superintendent and clerks for subsequent election board--Determination of compensation of election board.
After the first election of trustees, the trustees shall appoint a superintendent and two clerks to act as an election board in succeeding elections. The board of trustees may determine the amount of compensation for the election board for the services performed by them.
Source:
SL 1997, ch 256, §13.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-111 - Succeeding annual trustee elections.

46A-10A-111.Succeeding annual trustee elections.
Succeeding annual trustee elections shall be held at 8:00 p. m. on the last Tuesday of the month in which the initial trustee election was conducted. The date and time of the election may be changed to another date and time within that month upon majority vote of those present at a prior annual election meeting. The election board appointed for succeeding annual elections shall publish a notice of election for the annual election of a trustee or trustees pursuant to the procedures set forth in §46A-10A-101. The election board shall also mail a copy of the notice of election to each landowner and notify the landowner of the landowner's right to vote by proxy at least fourteen days prior to the date of election.
Source:
SL 1997, ch 256, §14.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-112 - Trustee qualifications.

46A-10A-112. Trustee qualifications.
Each trustee shall be a citizen of the United States, not less than eighteen years of age, and an owner of land in the district.
Source:
SL 1997, ch 256, §15.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-113 - Appointment to fill vacancy.

46A-10A-113. Appointment to fill vacancy.
If any vacancy occurs in the membership of the board of trustees between the annual elections, the remaining members of the board may fill the vacancy by appointing a person with the required qualifications. The appointed person shall qualify in the same manner and hold office until the next annual election when a successor is elected. If all places on the board become vacant, then a new board shall be elected in the same manner as was the initial board.
Source:
SL 1997, ch 256, §16.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-114 - Compensation of trustees and clerk of board--Filing requirements.

46A-10A-114. Compensation of trustees and clerk of board--Filing requirements.
The compensation of the trustees and the clerk of the board shall be fixed at twenty-five dollars per day and necessary expenses, to be paid out of the funds of the drainage district for each day necessarily expended in the transaction of business of the district, but no person may draw compensation for services as a trustee and as a clerk at the same time. Each trustee shall file with the auditor itemized, verified statements of the time devoted to the business of the district, and of the expenses incurred.
Source:
SL 1997, ch 256, §17.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-115 - Election of chair and clerk of board.

46A-10A-115. Election of chair and clerk of board.
The board of trustees shall elect a chair and shall select some other landowner of the district as clerk of the board. The clerk shall serve at the pleasure of the board of trustees.
Source:
SL 1997, ch 256, §18.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-116 - Powers and duties of board of trustees.

46A-10A-116. Powers and duties of board of trustees.
The board of trustees may control, supervise, and manage the district. Subject to the legal controls for drainage management under §46A-10A-20, the board of trustees may, in conformity with any applicable local, state, and federal laws, rules, ordinances, and regulations:
(1)Clean out, repair, and maintain an existing drainage ditch;
(2)Deepen, widen, or enlarge a drainage ditch;
(3)Create a new drainage ditch, or relocate an existing drainage ditch;
(4)Extend an existing drainage ditch;
(5)Acquire lands for right-of-way for ditches by purchase or condemnation or any other lawful method in conformity with chapter 21-35 and any other provision of state law;
(6)Repair levies, dikes, and barriers for the purpose of drainage;
(7)Regulate the flow and direction of water to prevent downstream flooding;
(8)Employ or contract with an engineer, hydrologist, surveyor, appraiser, assessor, legal counsel, or any other specialists as they deem necessary to carry out the powers and duties conferred by §§46A-10A-98 to 46A-10A-123, inclusive;
(9)Let contracts for construction, maintenance, repair, or other necessary work pursuant to the provisions of chapters 5-18A and 5-18B and §46A-10A-75. No member of the board of trustees may have any interest in any contract or employment entered into pursuant to this subdivision or subdivision (8);
(10)Request the county commission or township board of supervisors to replace, repair, remove, and enlarge public highway culverts and bridges, pursuant to §§46A-10A-76, 31-12-19, 31-14-2, and 31-14-27;
(11)Grant a request by a landowner to annex the landowner's land to the district and apportion the costs of clean out, maintenance, or construction according to the benefits received and subject to approval by a majority of the eligible landowners voting in a special election held by the board of trustees in conjunction with the district's annual election; and
(12)Reclassify benefits and apportion costs of clean out, extension, enlargement, repairs, or improvements among landowners benefitting therefrom, if the landowners have land located within the drainage district.
Source:
SL 1997, ch 256, §19; SL 2011, ch 2, §151.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-117 - Costs and expenses--Levy.

46A-10A-117. Costs and expenses--Levy.
All costs and expenses to discharge the powers and duties by §§46A-10A-98 to 46A-10A-123, inclusive, including costs of elections, shall be assessed, levied, and collected under the provisions of chapter 46A-11. A levy shall be upon certificate by the board of trustees to the board of county commissioners of the amount necessary for the levy.
Source:
SL 1997, ch 256, §20.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-118 - Assessment on real property.

46A-10A-118. Assessment on real property.
Any assessment on real property for the purposes set forth in §§46A-10A-98 to 46A-10A-123, inclusive or chapter 46A-11 is not subject to any real property tax freeze assessment under the provisions of chapter 10-6 or 10-6A.
Source:
SL 1997, ch 256, §21.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-119 - Tax--Tax fund.

46A-10A-119. Tax--Tax fund.
The tax shall be collected by the county treasurer as other taxes are collected in the county. The tax shall be deposited and kept in a separate fund to the credit of the district. The money may be expended only upon the order of the board of trustees signed by the chair and clerk of the board. The chair and clerk of the board shall provide a surety bond in the amount of at least five thousand dollars.
Source:
SL 1997, ch 256, §22.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-120 - Issuance of improvement certificates and drainage bonds.

46A-10A-120. Issuance of improvement certificates and drainage bonds.
The board of trustees of any district may issue improvement certificates and drainage bonds under the same conditions as is provided by chapter 46A-11 for issuance by the board of county commissioners, except that in case of the issue of drainage bonds, the bonds shall be approved by a simple majority of the eligible landowners voting in a special election held by the board of trustees in conjunction with the district's annual election. The approval shall be printed upon the bonds before they are negotiated.
Source:
SL 1997, ch 256, §23.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-121 - Record of official acts and proceedings--Filing of financial report--Examination of report.

46A-10A-121. Record of official acts and proceedings--Filing of financial report--Examination of report.
The board of trustees shall keep and maintain a written record of all their official acts and proceedings. The board of trustees shall, on or before January thirty-first of each year, file a financial report of the previous calendar year with the county auditor. When the Department of Legislative Audit examines other county records, it shall examine the financial report of the board of trustees of the drainage district.
Source:
SL 1997, ch 256, §24.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-122 - Grievances--Mediation.

46A-10A-122. Grievances--Mediation.
Any interested person aggrieved by any action taken by the board of trustees in §§46A-10A-98 to 46A-10A-123, inclusive, may file a cause of action in circuit court in the county where the cause of action arose or may invoke mediation with the board of trustees.
Source:
SL 1997, ch 256, §25.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10A - County Drainage › Section 46A-10A-123 - Special election--Notice.

46A-10A-123. Special election--Notice.
Any decision of the board of trustees of a drainage district may be referred to a vote of the eligible voters of the district by the filing of a petition signed by at least five percent of the eligible voters of the district. The petition shall be filed with the district within ninety days following the district's action. Upon receipt of a valid petition, the district shall call a special election, which shall be held within sixty days. The district shall publish notice of the election in the official newspaper of the counties in which the district is located at least twenty days before the election is held. The election shall be conducted by the district in the same manner as the district's annual election is conducted.
Source:
SL 1997, ch 256, §27.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 10B - Drainage Basin Utility Districts › Section 46A-10B-1 - Definition of terms.

46A-10B-1. Definition of terms.
Terms used in this chapter mean:
(1)"Board," the Board of Water and Natural Resources;
(2)"Department," the Department of Agriculture and Natural Resources;
(3)"Developer" or "subdivider," any person, partnership, limited liability company, joint venture, association, or corporation who participates as owner, promoter, developer, or sales agent in the planning, platting, development, promotion, sale, or lease of a subdivision;
(4)"District," a drainage basin utility district established pursuant to this chapter;
(5)"Drainage basin" or "basin," a natural or artificial land surface depression with or without perceptibly defined beds and banks to which surface runoff gravitates and collectively forms a flow of water continuously or intermittently in a definite direction;
(6)"Facility," any dam, wall, wharf, embankment, levy, dike, pile, abutment, projection, excavation, channel rectification, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, or matter planned, constructed, acquired, owned, operated, or renovated by a drainage basin utility district established pursuant to this chapter;
(7)"Flood" or "flooding," a general and temporary condition of partial or complete inundation of normally dry land areas caused by the overflow of inland waters or the unusual and rapid accumulation or runoff of surface waters from any source;
(8)"Governing body," the entity that has been designated to administer the affairs of a drainage basin utility district pursuant to §§46A-10B-4 and 46A-10B-9;
(9)"Subdivision," the platting of a lot or the division of a lot, tract, or parcel of land into two or more lots, plots, or sites.
Source: SL 1989, ch 388, §1; SL 1991, ch 17 (Ex. Ord. 91-4), §17; SL 1994, ch 351, §115; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.