State Codes and Statutes

Statutes > South-dakota > Title-46a > Chapter-09

Section 46A-9-1 - Purpose of chapter.
Section 46A-9-2 - Definition of terms.
Section 46A-9-3 - Organization--Actions by and against--Creation and incorporation.
Section 46A-9-4 - Petition for organization of district--Filing with and approval by board--Contents--Naming of directors.
Section 46A-9-5 - Lands included in district.
Section 46A-9-6 - Organization within territorial boundaries of another district.
Section 46A-9-7 - Directors--Election at large or from election divisions--Boundaries of divisionsdescribed in petition for organization.
Section 46A-9-8 - Grouping of directors elected at large--Term of office.
Section 46A-9-9 - Petition for organization of district--Number of signatures required--Name, postoffice address, and location of land of petitioner.
Section 46A-9-10 - Instruments constituting petition for organization of district--Affidavit of circulatoras to signatures on each sheet--Form.
Section 46A-9-11 - Maps, plans and estimates accompanying petition for organization of district--Location of lands within proposed district.
Section 46A-9-12 - Examination of petition by Department of Water and Natural Resources to determinecompliance with law--Noncompliance with law, dismissal of petition.
Section 46A-9-13 - Publication of petition for organization of district.
Section 46A-9-14 - Protest against organization of district--Right to file with Board of Water and NaturalResources--Determination of validity by board.
Section 46A-9-15 - Petition complying with requirements of law--Investigation of proposed district andworks by Board of Water and Natural Resources, security for costs.
Section 46A-9-16 - Declaration of board as to feasibility of proposed project and conformance to publicconvenience--Dismissal of petition where project not feasible--Finding of feasibilityand public c
Section 46A-9-17 - Validation of prior districts and boundaries--Validation of proceedings, bonds, andcontracts--Pending proceedings excepted.
Section 46A-9-18 - Board of directors--Qualification upon filing certificate of organization--Vacancycreated by failure to qualify--First meeting.
Section 46A-9-19 - Additional territory, inclusion in district.
Section 46A-9-20 - Extension of district--Petition to include additional territory, filing, verification,number of signers, resolution of board of directors.
Section 46A-9-21 - Petition for expansion of district--Map showing location of lands to be included toaccompany--Plans and estimates.
Section 46A-9-22 - Publication of notice for extension of district--Filing of protest.
Section 46A-9-23 - Petition for extension of district--Action by Board of Water and Natural Resources--Certificate of approval, filing, effect, included areas constituted part of district.
Section 46A-9-23.1 - Exclusion of lands from district--Grounds--Procedure.
Section 46A-9-23.2 - Notices of hearing on exclusion--Protests.
Section 46A-9-24 - Members of board of directors succeeding original board--Nomination and election--Term of office.
Section 46A-9-25 - Board of directors--Hour and place of election, fixing--Presiding at elections.
Section 46A-9-26 - Election of directors--Voting rights.
Section 46A-9-27 - Notice of election time, place, and purpose--Mailing or publication.
Sections 46A-9-28, 46A-9-29 - Registration of voters--Conduct of election--Costs. Candidate to fill vacancy or succeed an outgoing director--Vote necessary for election
Section 46A-9-30 - Qualification for office as a member of the board of directors--Landowner orentryman of district.
Section 46A-9-31 - Removal of members of board of directors from office--Grounds--Procedure.
Section 46A-9-32 - Vacancies on board of directors--Declaration of existence--Filling--Member electedto fill, term of office.
Section 46A-9-33 - Compensation of members of board of directors.
Section 46A-9-34 - Officers--Election by board of directors--Appointment of executive committee andother employees.
Section 46A-9-35 - Bond of treasurer.
Section 46A-9-36 - Corporate powers of district vested in board of directors.
Section 46A-9-37 - Bylaws and procedures--Adoption by board of directors--Minutes of meetings--Records of account, kept at principal place of business, open to public inspection.
Section 46A-9-38 - Indemnification of directors, officers, employees, or agents of districts.
Section 46A-9-39 - Powers of district.
Section 46A-9-40 - Acquisition of property by district--Powers of a corporation for public purposes--Disposition of unneeded property.
Section 46A-9-41 - Right of district to acquire, manage, use, or operate works and property incidentalthereto--Disposition of works.
Section 46A-9-42 - Transfer of obligations of nonprofit rural water supplier or wastewater systemoperator to water user district, sanitary district, or municipality--Majority vote ofdistrict.
Section 46A-9-43 - Contracts with governmental agencies authorized for certain purposes.
Section 46A-9-44 - Extraterritorial powers of district.
Section 46A-9-45 - Appropriation of waters of state by district--Interference with existing water rightsforbidden.
Section 46A-9-46 - Eminent domain--Exercise of power by district--Appraisement of private propertyor interest.
Section 46A-9-46.1 - Municipal approval of location of wastewater plant or system--Exception for existingplant or system.
Section 46A-9-47 - District has no taxing powers.
Section 46A-9-48 - Costs of operation of district--Contract for payment of rent or charge for waterstorage or water supply.
Section 46A-9-49 - Grants or loans, power to obtain--Authority of district to accept gifts.
Section 46A-9-50 - Cooperation of district with the United States in acquisition and disposition ofproperty.
Section 46A-9-51 - Eminent domain laws applicable to irrigation districts apply.
Section 46A-9-52 - District contracts to be governed by chapter 5-18.
Section 46A-9-53 - Filing of plans and specifications--Advertisement for bids.
Section 46A-9-54 - Contracts for proposed construction work--Employment of citizens of state--Bondof contractor.
Section 46A-9-55 - Cost of proposed works met by governmental agency--Board of directors mayproceed without advertising for bids.
Section 46A-9-56 - Borrowing power of district--Sources from which obligations payable--Authorization, issuance, and sale of bonds.
Section 46A-9-57 - District obligations--Pledge of revenue for payment--Collateral security for loan.
Section 46A-9-58 - Refunding of district obligations.
Sections 46A-9-59, 46A-9-60 - Revenues of district--Payment into special fund--Collection and disposition of special fund, terms, and conditions. Agreement between directors and holders of district ob
Section 46A-9-61 - Rates and charges of district--Establishment by board of directors, exception.
Section 46A-9-62 - Default in payment of money specified in agreement--Termination of contract--Rightto recovery not affected by discontinuation of services.
Section 46A-9-63 - Funds of district--Creating by board of directors--Identification--Separate accounts.
Section 46A-9-64 - Construction fund--Deposit of bond proceeds--Credit of interest received upondeposits--Disbursements--Balance transferred to debt service fund.
Section 46A-9-65 - Water or wastewater fund--Credit of revenue of works and operations--Payment ofoperation and maintenance costs.
Section 46A-9-66 - Debt service fund--Transfer of balance from water fund--Moneys pledged forpayment of evidences of indebtedness.
Section 46A-9-67 - Disbursement of funds--Approval of board of directors--Warrants for payment ofexpenses, exception.
Section 46A-9-68 - Fiscal year--Audit of financial affairs by board of directors, filing of written report.
Section 46A-9-69 - Disposition of water supply works, drainage works, or wastewater systems.
Section 46A-9-70 - Resolution of board of directors for sale of unneeded works--Submission of questionto board of water and natural resources--Approval by board, calling of specialelection for submiss
Section 46A-9-71 - Mortgage or hypothecation of property to secure payment of loans fromgovernmental agencies.
Section 46A-9-72 - Mortgage or trust deed to secure payment of borrowed money--Foreclosure upondefault and appointment of receiver.
Section 46A-9-73 - Dissolution of district, majority vote of voters at special election called for thatpurpose, notice of election--Nonownership of property or rights--No outstandingcontracts.
Section 46A-9-74 - Dissolution of district--Completion upon resolution of board of directors--Filing ofresolution.
Section 46A-9-75 - Dissolution of district--Cancellation of applications for appropriation of water.
Section 46A-9-76 - Municipalities excepted from chapter--Contracts with district.
Section 46A-9-77 - Irrigation districts--Powers and functions unaffected by chapter.
Section 46A-9-78 - Retirement system--Participation.
Section 46A-9-79 - Appointment of water master.
Section 46A-9-80 - Duties of water master.
Section 46A-9-81 - Removal of water master.
Section 46A-9-82 - Grievance appeal.
Section 46A-9-83 - Water Management Board not affected.

State Codes and Statutes

Statutes > South-dakota > Title-46a > Chapter-09

Section 46A-9-1 - Purpose of chapter.
Section 46A-9-2 - Definition of terms.
Section 46A-9-3 - Organization--Actions by and against--Creation and incorporation.
Section 46A-9-4 - Petition for organization of district--Filing with and approval by board--Contents--Naming of directors.
Section 46A-9-5 - Lands included in district.
Section 46A-9-6 - Organization within territorial boundaries of another district.
Section 46A-9-7 - Directors--Election at large or from election divisions--Boundaries of divisionsdescribed in petition for organization.
Section 46A-9-8 - Grouping of directors elected at large--Term of office.
Section 46A-9-9 - Petition for organization of district--Number of signatures required--Name, postoffice address, and location of land of petitioner.
Section 46A-9-10 - Instruments constituting petition for organization of district--Affidavit of circulatoras to signatures on each sheet--Form.
Section 46A-9-11 - Maps, plans and estimates accompanying petition for organization of district--Location of lands within proposed district.
Section 46A-9-12 - Examination of petition by Department of Water and Natural Resources to determinecompliance with law--Noncompliance with law, dismissal of petition.
Section 46A-9-13 - Publication of petition for organization of district.
Section 46A-9-14 - Protest against organization of district--Right to file with Board of Water and NaturalResources--Determination of validity by board.
Section 46A-9-15 - Petition complying with requirements of law--Investigation of proposed district andworks by Board of Water and Natural Resources, security for costs.
Section 46A-9-16 - Declaration of board as to feasibility of proposed project and conformance to publicconvenience--Dismissal of petition where project not feasible--Finding of feasibilityand public c
Section 46A-9-17 - Validation of prior districts and boundaries--Validation of proceedings, bonds, andcontracts--Pending proceedings excepted.
Section 46A-9-18 - Board of directors--Qualification upon filing certificate of organization--Vacancycreated by failure to qualify--First meeting.
Section 46A-9-19 - Additional territory, inclusion in district.
Section 46A-9-20 - Extension of district--Petition to include additional territory, filing, verification,number of signers, resolution of board of directors.
Section 46A-9-21 - Petition for expansion of district--Map showing location of lands to be included toaccompany--Plans and estimates.
Section 46A-9-22 - Publication of notice for extension of district--Filing of protest.
Section 46A-9-23 - Petition for extension of district--Action by Board of Water and Natural Resources--Certificate of approval, filing, effect, included areas constituted part of district.
Section 46A-9-23.1 - Exclusion of lands from district--Grounds--Procedure.
Section 46A-9-23.2 - Notices of hearing on exclusion--Protests.
Section 46A-9-24 - Members of board of directors succeeding original board--Nomination and election--Term of office.
Section 46A-9-25 - Board of directors--Hour and place of election, fixing--Presiding at elections.
Section 46A-9-26 - Election of directors--Voting rights.
Section 46A-9-27 - Notice of election time, place, and purpose--Mailing or publication.
Sections 46A-9-28, 46A-9-29 - Registration of voters--Conduct of election--Costs. Candidate to fill vacancy or succeed an outgoing director--Vote necessary for election
Section 46A-9-30 - Qualification for office as a member of the board of directors--Landowner orentryman of district.
Section 46A-9-31 - Removal of members of board of directors from office--Grounds--Procedure.
Section 46A-9-32 - Vacancies on board of directors--Declaration of existence--Filling--Member electedto fill, term of office.
Section 46A-9-33 - Compensation of members of board of directors.
Section 46A-9-34 - Officers--Election by board of directors--Appointment of executive committee andother employees.
Section 46A-9-35 - Bond of treasurer.
Section 46A-9-36 - Corporate powers of district vested in board of directors.
Section 46A-9-37 - Bylaws and procedures--Adoption by board of directors--Minutes of meetings--Records of account, kept at principal place of business, open to public inspection.
Section 46A-9-38 - Indemnification of directors, officers, employees, or agents of districts.
Section 46A-9-39 - Powers of district.
Section 46A-9-40 - Acquisition of property by district--Powers of a corporation for public purposes--Disposition of unneeded property.
Section 46A-9-41 - Right of district to acquire, manage, use, or operate works and property incidentalthereto--Disposition of works.
Section 46A-9-42 - Transfer of obligations of nonprofit rural water supplier or wastewater systemoperator to water user district, sanitary district, or municipality--Majority vote ofdistrict.
Section 46A-9-43 - Contracts with governmental agencies authorized for certain purposes.
Section 46A-9-44 - Extraterritorial powers of district.
Section 46A-9-45 - Appropriation of waters of state by district--Interference with existing water rightsforbidden.
Section 46A-9-46 - Eminent domain--Exercise of power by district--Appraisement of private propertyor interest.
Section 46A-9-46.1 - Municipal approval of location of wastewater plant or system--Exception for existingplant or system.
Section 46A-9-47 - District has no taxing powers.
Section 46A-9-48 - Costs of operation of district--Contract for payment of rent or charge for waterstorage or water supply.
Section 46A-9-49 - Grants or loans, power to obtain--Authority of district to accept gifts.
Section 46A-9-50 - Cooperation of district with the United States in acquisition and disposition ofproperty.
Section 46A-9-51 - Eminent domain laws applicable to irrigation districts apply.
Section 46A-9-52 - District contracts to be governed by chapter 5-18.
Section 46A-9-53 - Filing of plans and specifications--Advertisement for bids.
Section 46A-9-54 - Contracts for proposed construction work--Employment of citizens of state--Bondof contractor.
Section 46A-9-55 - Cost of proposed works met by governmental agency--Board of directors mayproceed without advertising for bids.
Section 46A-9-56 - Borrowing power of district--Sources from which obligations payable--Authorization, issuance, and sale of bonds.
Section 46A-9-57 - District obligations--Pledge of revenue for payment--Collateral security for loan.
Section 46A-9-58 - Refunding of district obligations.
Sections 46A-9-59, 46A-9-60 - Revenues of district--Payment into special fund--Collection and disposition of special fund, terms, and conditions. Agreement between directors and holders of district ob
Section 46A-9-61 - Rates and charges of district--Establishment by board of directors, exception.
Section 46A-9-62 - Default in payment of money specified in agreement--Termination of contract--Rightto recovery not affected by discontinuation of services.
Section 46A-9-63 - Funds of district--Creating by board of directors--Identification--Separate accounts.
Section 46A-9-64 - Construction fund--Deposit of bond proceeds--Credit of interest received upondeposits--Disbursements--Balance transferred to debt service fund.
Section 46A-9-65 - Water or wastewater fund--Credit of revenue of works and operations--Payment ofoperation and maintenance costs.
Section 46A-9-66 - Debt service fund--Transfer of balance from water fund--Moneys pledged forpayment of evidences of indebtedness.
Section 46A-9-67 - Disbursement of funds--Approval of board of directors--Warrants for payment ofexpenses, exception.
Section 46A-9-68 - Fiscal year--Audit of financial affairs by board of directors, filing of written report.
Section 46A-9-69 - Disposition of water supply works, drainage works, or wastewater systems.
Section 46A-9-70 - Resolution of board of directors for sale of unneeded works--Submission of questionto board of water and natural resources--Approval by board, calling of specialelection for submiss
Section 46A-9-71 - Mortgage or hypothecation of property to secure payment of loans fromgovernmental agencies.
Section 46A-9-72 - Mortgage or trust deed to secure payment of borrowed money--Foreclosure upondefault and appointment of receiver.
Section 46A-9-73 - Dissolution of district, majority vote of voters at special election called for thatpurpose, notice of election--Nonownership of property or rights--No outstandingcontracts.
Section 46A-9-74 - Dissolution of district--Completion upon resolution of board of directors--Filing ofresolution.
Section 46A-9-75 - Dissolution of district--Cancellation of applications for appropriation of water.
Section 46A-9-76 - Municipalities excepted from chapter--Contracts with district.
Section 46A-9-77 - Irrigation districts--Powers and functions unaffected by chapter.
Section 46A-9-78 - Retirement system--Participation.
Section 46A-9-79 - Appointment of water master.
Section 46A-9-80 - Duties of water master.
Section 46A-9-81 - Removal of water master.
Section 46A-9-82 - Grievance appeal.
Section 46A-9-83 - Water Management Board not affected.

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State Codes and Statutes

Statutes > South-dakota > Title-46a > Chapter-09

Section 46A-9-1 - Purpose of chapter.
Section 46A-9-2 - Definition of terms.
Section 46A-9-3 - Organization--Actions by and against--Creation and incorporation.
Section 46A-9-4 - Petition for organization of district--Filing with and approval by board--Contents--Naming of directors.
Section 46A-9-5 - Lands included in district.
Section 46A-9-6 - Organization within territorial boundaries of another district.
Section 46A-9-7 - Directors--Election at large or from election divisions--Boundaries of divisionsdescribed in petition for organization.
Section 46A-9-8 - Grouping of directors elected at large--Term of office.
Section 46A-9-9 - Petition for organization of district--Number of signatures required--Name, postoffice address, and location of land of petitioner.
Section 46A-9-10 - Instruments constituting petition for organization of district--Affidavit of circulatoras to signatures on each sheet--Form.
Section 46A-9-11 - Maps, plans and estimates accompanying petition for organization of district--Location of lands within proposed district.
Section 46A-9-12 - Examination of petition by Department of Water and Natural Resources to determinecompliance with law--Noncompliance with law, dismissal of petition.
Section 46A-9-13 - Publication of petition for organization of district.
Section 46A-9-14 - Protest against organization of district--Right to file with Board of Water and NaturalResources--Determination of validity by board.
Section 46A-9-15 - Petition complying with requirements of law--Investigation of proposed district andworks by Board of Water and Natural Resources, security for costs.
Section 46A-9-16 - Declaration of board as to feasibility of proposed project and conformance to publicconvenience--Dismissal of petition where project not feasible--Finding of feasibilityand public c
Section 46A-9-17 - Validation of prior districts and boundaries--Validation of proceedings, bonds, andcontracts--Pending proceedings excepted.
Section 46A-9-18 - Board of directors--Qualification upon filing certificate of organization--Vacancycreated by failure to qualify--First meeting.
Section 46A-9-19 - Additional territory, inclusion in district.
Section 46A-9-20 - Extension of district--Petition to include additional territory, filing, verification,number of signers, resolution of board of directors.
Section 46A-9-21 - Petition for expansion of district--Map showing location of lands to be included toaccompany--Plans and estimates.
Section 46A-9-22 - Publication of notice for extension of district--Filing of protest.
Section 46A-9-23 - Petition for extension of district--Action by Board of Water and Natural Resources--Certificate of approval, filing, effect, included areas constituted part of district.
Section 46A-9-23.1 - Exclusion of lands from district--Grounds--Procedure.
Section 46A-9-23.2 - Notices of hearing on exclusion--Protests.
Section 46A-9-24 - Members of board of directors succeeding original board--Nomination and election--Term of office.
Section 46A-9-25 - Board of directors--Hour and place of election, fixing--Presiding at elections.
Section 46A-9-26 - Election of directors--Voting rights.
Section 46A-9-27 - Notice of election time, place, and purpose--Mailing or publication.
Sections 46A-9-28, 46A-9-29 - Registration of voters--Conduct of election--Costs. Candidate to fill vacancy or succeed an outgoing director--Vote necessary for election
Section 46A-9-30 - Qualification for office as a member of the board of directors--Landowner orentryman of district.
Section 46A-9-31 - Removal of members of board of directors from office--Grounds--Procedure.
Section 46A-9-32 - Vacancies on board of directors--Declaration of existence--Filling--Member electedto fill, term of office.
Section 46A-9-33 - Compensation of members of board of directors.
Section 46A-9-34 - Officers--Election by board of directors--Appointment of executive committee andother employees.
Section 46A-9-35 - Bond of treasurer.
Section 46A-9-36 - Corporate powers of district vested in board of directors.
Section 46A-9-37 - Bylaws and procedures--Adoption by board of directors--Minutes of meetings--Records of account, kept at principal place of business, open to public inspection.
Section 46A-9-38 - Indemnification of directors, officers, employees, or agents of districts.
Section 46A-9-39 - Powers of district.
Section 46A-9-40 - Acquisition of property by district--Powers of a corporation for public purposes--Disposition of unneeded property.
Section 46A-9-41 - Right of district to acquire, manage, use, or operate works and property incidentalthereto--Disposition of works.
Section 46A-9-42 - Transfer of obligations of nonprofit rural water supplier or wastewater systemoperator to water user district, sanitary district, or municipality--Majority vote ofdistrict.
Section 46A-9-43 - Contracts with governmental agencies authorized for certain purposes.
Section 46A-9-44 - Extraterritorial powers of district.
Section 46A-9-45 - Appropriation of waters of state by district--Interference with existing water rightsforbidden.
Section 46A-9-46 - Eminent domain--Exercise of power by district--Appraisement of private propertyor interest.
Section 46A-9-46.1 - Municipal approval of location of wastewater plant or system--Exception for existingplant or system.
Section 46A-9-47 - District has no taxing powers.
Section 46A-9-48 - Costs of operation of district--Contract for payment of rent or charge for waterstorage or water supply.
Section 46A-9-49 - Grants or loans, power to obtain--Authority of district to accept gifts.
Section 46A-9-50 - Cooperation of district with the United States in acquisition and disposition ofproperty.
Section 46A-9-51 - Eminent domain laws applicable to irrigation districts apply.
Section 46A-9-52 - District contracts to be governed by chapter 5-18.
Section 46A-9-53 - Filing of plans and specifications--Advertisement for bids.
Section 46A-9-54 - Contracts for proposed construction work--Employment of citizens of state--Bondof contractor.
Section 46A-9-55 - Cost of proposed works met by governmental agency--Board of directors mayproceed without advertising for bids.
Section 46A-9-56 - Borrowing power of district--Sources from which obligations payable--Authorization, issuance, and sale of bonds.
Section 46A-9-57 - District obligations--Pledge of revenue for payment--Collateral security for loan.
Section 46A-9-58 - Refunding of district obligations.
Sections 46A-9-59, 46A-9-60 - Revenues of district--Payment into special fund--Collection and disposition of special fund, terms, and conditions. Agreement between directors and holders of district ob
Section 46A-9-61 - Rates and charges of district--Establishment by board of directors, exception.
Section 46A-9-62 - Default in payment of money specified in agreement--Termination of contract--Rightto recovery not affected by discontinuation of services.
Section 46A-9-63 - Funds of district--Creating by board of directors--Identification--Separate accounts.
Section 46A-9-64 - Construction fund--Deposit of bond proceeds--Credit of interest received upondeposits--Disbursements--Balance transferred to debt service fund.
Section 46A-9-65 - Water or wastewater fund--Credit of revenue of works and operations--Payment ofoperation and maintenance costs.
Section 46A-9-66 - Debt service fund--Transfer of balance from water fund--Moneys pledged forpayment of evidences of indebtedness.
Section 46A-9-67 - Disbursement of funds--Approval of board of directors--Warrants for payment ofexpenses, exception.
Section 46A-9-68 - Fiscal year--Audit of financial affairs by board of directors, filing of written report.
Section 46A-9-69 - Disposition of water supply works, drainage works, or wastewater systems.
Section 46A-9-70 - Resolution of board of directors for sale of unneeded works--Submission of questionto board of water and natural resources--Approval by board, calling of specialelection for submiss
Section 46A-9-71 - Mortgage or hypothecation of property to secure payment of loans fromgovernmental agencies.
Section 46A-9-72 - Mortgage or trust deed to secure payment of borrowed money--Foreclosure upondefault and appointment of receiver.
Section 46A-9-73 - Dissolution of district, majority vote of voters at special election called for thatpurpose, notice of election--Nonownership of property or rights--No outstandingcontracts.
Section 46A-9-74 - Dissolution of district--Completion upon resolution of board of directors--Filing ofresolution.
Section 46A-9-75 - Dissolution of district--Cancellation of applications for appropriation of water.
Section 46A-9-76 - Municipalities excepted from chapter--Contracts with district.
Section 46A-9-77 - Irrigation districts--Powers and functions unaffected by chapter.
Section 46A-9-78 - Retirement system--Participation.
Section 46A-9-79 - Appointment of water master.
Section 46A-9-80 - Duties of water master.
Section 46A-9-81 - Removal of water master.
Section 46A-9-82 - Grievance appeal.
Section 46A-9-83 - Water Management Board not affected.

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