South Dakota Statutes

Title 46A - WATER MANAGEMENT

Chapter 01 - State Water Resources Management
- Section 46A-1-1 - Legislative findings and policy.
- Section 46A-1-10 - Recommendations to Governor and Legislature as to facilities needed inwater resources management system.
- Section 46A-1-100 - Definition of terms.
- Section 46A-1-101 - State brownfields revitalization and economic development programestablished--Subfunds created--Deposit and use of money.
- Section 46A-1-102 - Disbursement and administration of money from subfunds--Rules--Application of provisions.
- Section 46A-1-103 - Promulgation of rules by board--Content.
- Section 46A-1-104 - Continuous appropriation of brownfields revitalization and economicdevelopment program subfunds--Purpose.
- Section 46A-1-105 - Establishment of brownfields program by eligible entity.
- Section 46A-1-11 - Estimates of costs and revenues from proposed water facilities--Requestsfor legislative authorization of construction.
- Section 46A-1-12 - Allocation of benefits and costs among governmental and privateinterests--Determination of priorities.
- Section 46A-1-13 - Presentation of cost data to Governor and Legislature--Requests forfinancing authorization.
- Section 46A-1-13.1 - Authorization of Bad River restoration project--Maximum amount ofgrants.
- Section 46A-1-13.10 - Lewis and Clark Rural Water System authorized.
- Section 46A-1-13.11 - Southern Black Hills Water System authorized.
- Section 46A-1-13.2 - Authorization of Belle Fourche irrigation rehabilitation project--Financialassistance limited.
- Section 46A-1-13.3 - Authorization of Fall River county rural water system project--Grantauthorized.
- Section 46A-1-13.4 - Authorization of Mni Wiconi rural system--Loans--Accrual of interest.
- Section 46A-1-13.5 - Authorization of Mid-Dakota rural water system.
- Section 46A-1-13.6 - Authorization of Lake Andes-Wagner/Marty II Irrigation Project--Research demonstration project required--Loans authorized--Indian landsexempted from payments.
- Section 46A-1-13.7 - Sioux Falls Flood Control Project authorized.
- Section 46A-1-14 - Annual report of activities of board--Contents.
- Section 46A-1-15 - Consideration of wild, scenic, and recreational rivers.
- Section 46A-1-16 - Policy as to wild, scenic, and recreational rivers--Designation.
- Section 46A-1-17 - Borrowing on interim notes--Expenses paid and loans made fromproceeds--Issuance of notes.
- Section 46A-1-18 - Interim notes guaranteed by state agency or United States agency orinstrumentality--Limitations--Notes issued prior to financingarrangement.
- Section 46A-1-19 - Interim financing--Proper authority required.
- Section 46A-1-2 - Legislative purpose for state water plan--Composition of plan.
- Section 46A-1-2.1 - Legislative finding--Preferred, priority objectives.
- Section 46A-1-2.10 - Executed.
- Section 46A-1-2.11 - Executed.
- Section 46A-1-2.12 - Executed.
- Section 46A-1-2.13 - Executed.
- Section 46A-1-2.14 - Executed.
- Section 46A-1-2.2 - Repealed.
- Section 46A-1-2.3 - Previous designations of projects superseded.
- Section 46A-1-2.4 - Executed.
- Section 46A-1-2.5 - Executed.
- Section 46A-1-2.6 - Executed.
- Section 46A-1-2.7 - Executed.
- Section 46A-1-2.8 - Executed.
- Section 46A-1-2.9 - Executed.
- Section 46A-1-20 - Interim financing--Independent review of feasibility of project.
- Section 46A-1-21 - Interim financing--Proceeds pledged as security--Assignment to districtof rights to proceeds.
- Section 46A-1-22 - Terms of interim notes.
- Section 46A-1-23 - Pledge of revenues to secure interim notes.
- Section 46A-1-24 - Additional covenants and conditions to secure interim notes.
- Section 46A-1-25 - Registration of interim notes--Interest payment--Redemption prior tomaturity.
- Section 46A-1-26 - Execution and attestation of interim notes--Sale.
- Section 46A-1-27 - Bond provisions applicable to interim financing.
- Section 46A-1-28 - Payment of interim notes on issue of revenue bonds.
- Section 46A-1-29 - Plan for project financing submitted to Legislature--Authorization forbond issuance--Amount of bonds--Power to issue bonds--Maximumamount.
- Section 46A-1-3 - Definition of terms.
- Section 46A-1-30 - Value of bonds--Purposes for which issued--Resolution of board.
- Section 46A-1-31 - Discretionary bond issuance to finance water resources projects ordevelopments--Maximum amount--Issuance of bonds for purchase orfinancing of loans by FmHA--Issuance of bonds for re
- Section 46A-1-32 - Terms of bonds.
- Section 46A-1-33 - Pledge of revenues to secure payment of bonds.
- Section 46A-1-33.1 - District may contract to manage payment or interest rate risk for bonds.
- Section 46A-1-36 - Covenant to collect revenues sufficient for retirement of bonds.
- Section 46A-1-37 - Covenant against alienation or encumbrance of projects while bondsoutstanding.
- Section 46A-1-38 - Covenants as to management of project and accounting for funds.
- Section 46A-1-39 - Trust agreements for protection of bondholders.
- Section 46A-1-4 - Water rights not affected by chapter.
- Section 46A-1-40 - Additional covenants for protection of bondholders.
- Section 46A-1-41 - State general obligation not to be created.
- Section 46A-1-42 - Bonds not a state obligation--Payment restricted to revenues.
- Section 46A-1-43 - Recording not required for bond protection.
- Section 46A-1-44 - Bonds valid despite expiration of terms of office--Irregularities inproceedings.
- Section 46A-1-45 - Sale of bonds--Procedure and price.
- Section 46A-1-46 - Negotiability of bonds.
- Section 46A-1-49 - Financing agreements to lend bond proceeds--District's powers--Waterdevelopment district approval.
- Section 46A-1-5 - Severability of provisions.
- Section 46A-1-50 - Financing agreements--Provisions to provide for and secure repaymentof bonds and loan.
- Section 46A-1-51 - Financing agreements--Proper authority required.
- Section 46A-1-52 - Financing agreements--Independent review of feasibility of project.
- Section 46A-1-53 - Agreement with bondholders as to custody and disposition of moneys.
- Section 46A-1-54 - Remedies of bondholders.
- Section 46A-1-55 - Persons executing district notes or bonds not subject to personal liability.
- Section 46A-1-56 - Refunding bonds authorized for matured obligations.
- Section 46A-1-57 - Sale of refunding bonds for matured obligations--Application ofproceeds--Cancellation of instruments paid.
- Section 46A-1-58 - Refunding bonds authorized for unmatured obligations.
- Section 46A-1-59 - Sale of refunding bonds for unmatured obligations--Investment ofproceeds pending exchange or redemption.
- Section 46A-1-6 - Omitted.
- Section 46A-1-60 - Water and environment fund--Establishment--Moneys in fund.
- Section 46A-1-60.1 - Water pollution control revolving fund program and state drinking waterrevolving fund program established--Program subfunds created--Depositsinto subfunds and use thereof.
- Section 46A-1-60.2 - Disbursements from and administration of water pollution controlrevolving fund program and state drinking water revolving fund program--Sections 46A-1-61 to 46A-1-69 inapplicable.
- Section 46A-1-60.3 - Rules for selection of projects to receive funds from water pollutioncontrol revolving fund program and state drinking water revolving fundprogram and administration of same.
- Section 46A-1-61 - Authorization required for disbursements from fund--Form ofappropriation from fund--Limit on grants.
- Section 46A-1-62 - Disbursements from capital projects fund.
- Section 46A-1-63 - Energy industry use funds deposit--Deposit of funds recovered throughlawsuit or settlement.
- Section 46A-1-63.1 - Consolidated water facilities construction program--Disbursements.
- Section 46A-1-64 - Limits on loans or grants to water facilities plan--Security for loans.
- Section 46A-1-65 - Criteria for selection of projects to receive loans or grants--Regulation ofloans or grants.
- Section 46A-1-66 - Interest on loans.
- Section 46A-1-67 - Term of loans--Capitalization and refinancing of loans for purposes otherthan construction.
- Section 46A-1-67.1 - Repayment of loan may be deferred until execution of contract for projectconstruction.
- Section 46A-1-68 - Loan terms set by Legislature.
- Section 46A-1-68.1 - Deposit of money received from fund.
- Section 46A-1-69 - Suspension of annual installment due on loan for irrigation project.
- Section 46A-1-7 - Establishment of state policy on water facilities--Recommendedcomments on federal policy.
- Section 46A-1-70 - Financial reporting of projects--Auditing.
- Section 46A-1-71 - Legislative findings regarding need for program of statewide waterdevelopment and financing.
- Section 46A-1-72 - Pipeline or aqueduct construction authorized--Use of water.
- Section 46A-1-78 - Moratorium on Oahe project construction as public policy of state--Studyof alternate projects--Negotiation of settlement for land losses.
- Section 46A-1-79 - Transferred.
- Section 46A-1-8 - Resolution of conflicting interests.
- Section 46A-1-80 - Repealed.
- Section 46A-1-80.1 - Transfer of interest, title, rights of ownership in dredges, and money toSouth Dakota Lakes and Streams Association.
- Section 46A-1-81 - Amount of funds required for dredge maintenance and repair and otherexpenses.
- Section 46A-1-82 - Environment and water resources trust fund established--Subfund.
- Section 46A-1-82.1 - Repealed.
- Section 46A-1-83 - State solid waste management program established.
- Section 46A-1-83.1 - Repealed.
- Section 46A-1-83.2 - Expenditure of fees deposited in environment and water resources trustfund--Access to fund--Appropriation.
- Section 46A-1-83.3 - Executed.
- Section 46A-1-84 - Adoption of rules to award financial assistance to sponsors of solid wastemanagement projects--Purpose and preference of awards.
- Section 46A-1-86 - Obsolete.
- Section 46A-1-87 - Repealed.
- Section 46A-1-88 - Conversion of study loans to grants.
- Section 46A-1-89 - Repealed.
- Section 46A-1-9 - Review of progress on statewide water plan--Scenic and recreationalrivers to be included.
- Section 46A-1-90 - Marketing power realized from upgrading federal hydroelectric facilities.
- Section 46A-1-91 - Financial assistance for recycling and processing facilities for waste tires.
- Section 46A-1-92 - Legislative findings and authorization of certain water developmentprojects.
- Section 46A-1-93 - Priority in administration of funds.
- Section 46A-1-94 - Construction of Perkins County rural water system authorized.
- Section 46A-1-95 - Clean lakes program, nonpoint source program, water quality monitoringprogram, and wetland grant program established.
- Section 46A-1-96 - Special purpose water district loan program established--Funding.
- Section 46A-1-97 - Board authorized to contract for financial services.
- Section 46A-1-98 - Confidentiality of trade secrets or commercial or financial informationreceived by board or department.
- Section 46A-1-99 - Additional financial assistance for solid waste management and recyclingfacilities.
- Sections 46A-1-13.8, 46A-1-13.9 - Black Hills Water Management Project and Black Hills Hydrology Study authorized. James River Restoration Project authorized
- Sections 46A-1-34, 46A-1-35 - Repealed
- Sections 46A-1-47, 46A-1-48 - Bonds as legal investments for fiduciaries and financial institutions. Bond and note proceeds--Payment into state treasury not required
- Sections 46A-1-60.4, 46A-1-60.5 - Executed
- Sections 46A-1-63.2, 46A-1-63.3 - Expired
- Sections 46A-1-73, 46A-1-74 - Financing of pipelines or aqueducts--Bonds--Loans. Repealed
- Sections 46A-1-75 to 46A-1-77 - Repealed
- Sections 46A-1-85, 46A-1-85.1 - Repealed
Chapter 02 - South Dakota Conservancy District
- Section 46A-2-1 - Creation of South Dakota Conservancy District--Boundaries--Powers.
- Section 46A-2-10 - Fiscal year--Audit of financial affairs by board, filing of written report.
- Section 46A-2-11 - Board of Water and Natural Resources--Authority to sue and be sued.
- Section 46A-2-12 - Legal adviser of board--Cooperation of state agencies at request of board.
- Section 46A-2-13 - Coordination of water resources project activities.
- Section 46A-2-14 - Acquisition and disposition of property necessary for water resources projects--Use bylocal project sponsors.
- Section 46A-2-15 - Powers of district with respect to project owned and operated by district or regulatedpublic water utility.
- Section 46A-2-16 - Leverage lease agreements by board--District as lender and lessee--Sublease ofequipment.
- Section 46A-2-17 - Eminent domain--Exercise of power by board.
- Section 46A-2-18 - Acquisition of water rights by district--Rights to appropriate water for energy industry use.
- Section 46A-2-19 - Transfer of water rights or permits to appropriate water for energy industry use to users--Contract provisions.
- Section 46A-2-2 - Purposes for which district created.
- Section 46A-2-20 - Resource development works, construction, operation and maintenance--Exercisingpowers in water development districts.
- Section 46A-2-21 - Interim financing--Eminent domain power--Limitation.
- Section 46A-2-22 - Contract for payment of services or performance of work beneficial to district--Board asa party--Amount limited to annual or biennial appropriation.
- Section 46A-2-23 - Construction of water facilities--Prior approval of water resources project plans.
- Section 46A-2-24 - Cooperation with other agencies in development of water resources projects.
- Section 46A-2-25 - Acceptance of gifts for aiding and promoting water resources projects.
- Section 46A-2-26 - Performance of obligations entered into with United States for construction, operation, ormaintenance of water resources projects by public or private agencies--Cooperation.
- Section 46A-2-27 - Repealed.
- Section 46A-2-28 - Federal contracts for multi-purpose projects--Mandatory contract terms.
- Section 46A-2-29 - Federal contracts for multi-purpose projects--Approval of contract provisions.
- Section 46A-2-3 - Intent to relate financing of water resources projects to degree of benefits received.
- Section 46A-2-30 - Federal loans contracted by district.
- Section 46A-2-31 - Contracts with United States for marketing federal water service--State interests notprejudiced--Purpose--Recommendation to Legislature.
- Section 46A-2-32 - Repealed.
- Section 46A-2-33 - Dissolution of subdistrict--Authority of board to exercise necessary powers untilcommitment satisfied--Restriction on power to levy tax.
- Section 46A-2-34 - Generation and sale of hydroelectric power authorized.
- Section 46A-2-37 - Construction of conservancy district law--Supplementary to laws governing watermanagement board--Laws relating to irrigation, conservancy, drainage, soil conservation,or watershed d
- Section 46A-2-4 - Definition of terms.
- Section 46A-2-5 - Board of directors abolished--Performance of functions.
- Section 46A-2-6 - Offices of district.
- Section 46A-2-7 - Quorum of board--Actions on notes or bonds.
- Section 46A-2-8 - Rules--Delegation of authority by board.
- Section 46A-2-9 - Minutes of meetings of board--Records of accounts, keeping at principal place ofbusiness, public inspection.
- Sections 46A-2-35, 46A-2-36 - Appropriations to accomplish duties of district--Request to state Legislature. Powers granted to district and water development districts--Construction
Chapter 03 - Subdistricts Of South Dakota Conservancy District [Repealed]
Chapter 03A - Water Development Districts--Establishment
- Section 46A-3A-1 - Establishment of districts--Procedure--Political subdivision status.
- Section 46A-3A-1.1 - Districts to promote conservation, development and management of resources--Serveas clearinghouse for water quality and supply projects.
- Section 46A-3A-10 - Approval of petition--Referral to election.
- Section 46A-3A-11 - Ballots on establishment.
- Section 46A-3A-12 - Conduct of election.
- Section 46A-3A-13 - Separate districts for election--Vote required.
- Section 46A-3A-14 - Approval by only part of election districts--Effect--Withdrawal of district.
- Section 46A-3A-15 - Resolution creating district--Filing.
- Section 46A-3A-16 - Additions and withdrawals of territory.
- Section 46A-3A-17 - Costs of elections.
- Section 46A-3A-2 - Central Plains district.
- Section 46A-3A-3 - East Dakota district.
- Section 46A-3A-4 - James River district.
- Section 46A-3A-5 - South Central district.
- Section 46A-3A-6 - West Dakota district.
- Section 46A-3A-7 - West River district.
- Section 46A-3A-7.1 - Vermillion basin district.
- Section 46A-3A-8 - Petition for election on establishment of district--Number of signers--Land sold oncontract.
- Section 46A-3A-9 - Contents and form of petition.
Chapter 03B - Water Development Districts--Board Of Directors
- Section 46A-3B-1 - Initial board of directors--Election--Terms.
- Section 46A-3B-10 - Directors to provide for compensation and reimbursement of board members.
- Section 46A-3B-11 - Officers of board of directors.
- Section 46A-3B-12 - Quorum of board of directors.
- Section 46A-3B-2 - Number of directors--Qualifications.
- Section 46A-3B-2.1 - Directors to continue in office following realignment of district--Election--Terms ofoffice.
- Section 46A-3B-3 - Adjusting number of directors--Redistricting.
- Section 46A-3B-4 - Nomination of director candidates.
- Section 46A-3B-5 - Certification of nominating petitions--Ballots--Primary election.
- Section 46A-3B-6 - Run-off elections for initial directors.
- Section 46A-3B-7 - Notices of elections.
- Section 46A-3B-8 - Certification of election.
- Section 46A-3B-9 - Commencement of directors' terms--Vacancies.
Chapter 03C - Water Development Districts--Dissolution
- Section 46A-3C-1 - Election of dissolution of district--Vote required--Petition.
- Section 46A-3C-2 - Form of petition for dissolution.
- Section 46A-3C-3 - Approval of petition--Referral to election.
- Section 46A-3C-4 - Vote required for dissolution--Period in which another election prohibited--Costs.
- Section 46A-3C-5 - Exercising powers of dissolved district to satisfy obligations.
Chapter 03D - Water Development Districts--Powers And Duties
- Section 46A-3D-1 - Office of district--Employees.
- Section 46A-3D-10 - Acceptance of funds, property, and services.
- Section 46A-3D-11 - Designation of legal newspapers.
- Section 46A-3D-12 - Accumulation of capital reserve fund.
- Section 46A-3D-13 - Federal wildlife mitigation requirements.
- Section 46A-3D-16 - Repealed.
- Section 46A-3D-2 - Group insurance for employees.
- Section 46A-3D-3 - Records required of districts--Public inspection.
- Section 46A-3D-4 - Fiscal year--Audit--Report--Publication of notice.
- Section 46A-3D-5 - Actions by and against boards of directors.
- Section 46A-3D-6 - Contracting power of boards.
- Section 46A-3D-7 - Insurance authorized.
- Section 46A-3D-8 - Property acquisition and disposition.
- Section 46A-3D-9 - Eminent domain.
- Sections 46A-3D-14, 46A-3D-15 - Repealed
Chapter 03E - Water Development Districts--Tax Levies And Special Assessments
- Section 46A-3E-1 - Tax levies.
- Section 46A-3E-10 - Budgets--Annual report--Hearing--Notice--Adoption.
- Section 46A-3E-11 - Apportionment of tax levy--Form of levy.
- Section 46A-3E-12 - Certification of levy to tax officials.
- Section 46A-3E-13 - Extension of levy.
- Section 46A-3E-14 - Collection of taxes and assessments--Payment--Deposit.
- Section 46A-3E-2 - Special assessments.
- Section 46A-3E-3 - Contractual agreement of landowner for special assessment.
- Section 46A-3E-4 - Hearing on special assessment--Notice--Resolution of intent.
- Section 46A-3E-5 - Notice of resolution of intent to specially assess.
- Section 46A-3E-6 - Effective date of assessment in absence of protest--Form of protest.
- Section 46A-3E-7 - Contract required for district participation in project--Approval.
- Section 46A-3E-8 - Levies and assessments to cover obligations--Restrictions on obligations.
- Section 46A-3E-9 - Collection of levies and assessments--Deposit of proceeds--Disbursement--Assurance ofpayment of contract obligations.
Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts
- Section 46A-4-1 - Creation of irrigation district--Filing petition--Number of electors required.
- Section 46A-4-10 - Holding or taxing nonirrigable land for irrigation purposes.
- Section 46A-4-11 - Repealed.
- Section 46A-4-12 - Change in proposed boundaries by Board of Water and Natural Resources--Exclusion from district upon request.
- Section 46A-4-13 - Repealed.
- Section 46A-4-14 - District divided into divisions by board--Size and number--Election ofdirectors--Terms--Assessment of property within district.
- Section 46A-4-14.1 - Division representing tribal or trust lands--Excepted from chapter.
- Section 46A-4-15 - Notice of election on proposed district--Date of election--Contents of notice--Publication--Ballot form.
- Section 46A-4-17 - Persons qualified to vote at elections for organization of irrigation district.
- Section 46A-4-18 - Corporate ownership of lands within proposed or existing irrigation districts--Designation of agent to vote in behalf of elections for organization of district.
- Section 46A-4-19 - Election procedure--Applicability of general laws--Resolution declaring districtorganized--District as political subdivision.
- Section 46A-4-2 - Elector defined.
- Section 46A-4-20 - Resolution declaring district organized--Filing for record.
- Section 46A-4-21 - Election of director for each division.
- Section 46A-4-22 - Unentered public lands a major portion of district--Appointment of majority ofdirectors by secretary of interior, qualifications, term of office.
- Section 46A-4-23 - Directors elected at large as a result of appointment of majority of directors bysecretary of interior--Term of office.
- Section 46A-4-24 - Directors elected at election to establish district--Terms of office--Tie election,procedure.
- Section 46A-4-25 - Directors--Annual election--Nomination--Election by receiving highest numberof votes--Date for elections.
- Section 46A-4-26 - Hours of voting.
- Section 46A-4-27 - Directors to be electors of division--Residence.
- Section 46A-4-27.1 - Nominating petitions for initial board of directors--Election not required if onlyone petition--Notice of vacancies and election--Results and certificate ofelection.
- Section 46A-4-28 - Nominating petition for directors--Filing--Form--Signers.
- Section 46A-4-29 - Repealed.
- Section 46A-4-3 - Petition to organize irrigation district--Number of signers--Boundaries to bedescribed--Request for organization.
- Section 46A-4-3.1 - Petition--Signing by electors--Form--Affidavit of circulator.
- Section 46A-4-30 - Election not required where no question or contest--Retention of office byincumbent.
- Section 46A-4-31 - Notices of election after organization of district--Publication and posting.
- Section 46A-4-32 - Elections after district organized and first set of directors elected--Voting bymail.
- Section 46A-4-33 - Precinct election officers--Appointment by board of directors or electors.
- Section 46A-4-34 - Precinct election boards--Chairman, duties--Administration and certification ofoaths.
- Section 46A-4-35 - Precinct election boards--Oaths of members, administration, and certification.
- Section 46A-4-36 - Canvass of votes by board of directors--Time and place--Made in public--Want of form insufficient ground for rejection of list, tally paper, or certificate.
- Section 46A-4-37 - Results of election--Declaration by board of directors--Certificate of election,execution, and delivery by secretary of board.
- Section 46A-4-38 - Statement of election results--Filing--Contents.
- Section 46A-4-39 - Vacancy in office of board of directors--Filling--District treasurer appointed byboard.
- Section 46A-4-4 - Petition for formation of irrigation district--Map of proposed district toaccompany, contents.
- Section 46A-4-4.1 - Notice of hearing to consider petition--Publication--Contents--Approval ofpetition--Fixing date for election.
- Section 46A-4-40 - Elected directors--Qualifying--Term of office--Time for assumption of duties.
- Section 46A-4-41 - Directors' and officers' oath of office--Official bonds.
- Section 46A-4-42 - District appointed fiscal agent of United States to collect money in connectionwith federal reclamation project--Additional bond required of officers,approval, recording, and filing
- Section 46A-4-43 - Bond of officers and directors--Form--Obligee--Cost of surety bonds,payment by the district.
- Section 46A-4-44 - Organization meeting of board of directors--Election of president andvice-president--Appointment of secretary.
- Section 46A-4-45 - Meetings of directors--Special meetings--Open to public--Quorum--Voterequired for action.
- Section 46A-4-46 - Records of board of directors open for inspection--Publication of statement ofproceedings--Filing of list of expenditures.
- Section 46A-4-47 - Compensation of district directors--Payment from district fund.
- Section 46A-4-48 - Powers and duties of board of directors of district--Distribution and printing ofbylaws and procedures--Water rights appurtenant to land.
- Section 46A-4-49 - Interest in contract of district or acceptance of bribe by director or officer asfelony.
- Section 46A-4-50 - Boundaries of irrigation district, change--Inclusion or exclusion of land--Effectof change.
- Section 46A-4-51 - Common school and endowment irrigable lands within district--Sale--Inclusionin district.
- Section 46A-4-52 - Irrigation district contracting with United States--Change of boundaries, assentof secretary of interior necessary.
- Section 46A-4-53 - Petition for inclusion of tract of land within boundaries of irrigation district--Contents.
- Section 46A-4-54 - Fiduciaries, signing of petitions for organization of district or changingboundaries of district.
- Section 46A-4-55 - Change of boundaries of irrigation district--Notice of filing of petition, contents--Time and place of hearing by board of directors--Cost of proceedings,advancement by petitioners.
- Section 46A-4-56 - Hearing of petition for change of boundaries of irrigation district by board ofdirectors--Adjournment--Assent to change.
- Section 46A-4-57 - Rejection of petition for change of boundaries of irrigation district by board ofdirectors--Resolution of board ordering change of boundaries, contents.
- Section 46A-4-58 - Land not included in irrigation district unless owner or lessee obligated to payassessments or charges.
- Section 46A-4-59 - Petition for change of boundaries of irrigation district--Condition precedent togranting--Payment of share of original cost by petitioners.
- Section 46A-4-60 - Board order for election on filing of protests--Publication of notice--Ballots--Boundary descriptions.
- Section 46A-4-61 - Order of board in conformity with election results on boundary change.
- Section 46A-4-62 - Order of board of directors changing boundary of irrigation district--Certifiedcopy, recording--Effect of change.
- Section 46A-4-63 - Petition for change of boundaries of irrigation district--Recording in minutes ofboard of directors, admissibility as evidence.
- Section 46A-4-64 - Redivision of district--Additional land included in boundaries of irrigationdistrict--Election precincts.
- Section 46A-4-65 - Exclusion of contiguous tracts of land from irrigation district--Petition byowners, contents, acknowledgment.
- Section 46A-4-66 - Notice of petition to exclude land--Publication--Contents--Time for hearing.
- Section 46A-4-67 - Hearing on petition to exclude land from irrigation district--Assent of partiesinterested.
- Section 46A-4-68 - Resolution for exclusion of land when bonds or federal contract outstanding--Bondholders' or federal assent required--Assent waived by terms of bondissue.
- Section 46A-4-69 - Granting or denial of petition to exclude land from irrigation district--Bestinterests of district.
- Section 46A-4-70 - Election ordered on exclusion after objections filed--Publication of notice--Contents--Conduct of election.
- Section 46A-4-71 - Majority vote against exclusion, denial and dismissal of petition--Majority votein favor of exclusion, order of board of directors excluding land from irrigationdistrict, contents.
- Section 46A-4-72 - Order excluding land from irrigation district--Entry in minutes of board ofdirectors--Filing and recording--Effect of order.
- Section 46A-4-73 - Exclusion of land from irrigation district--Refunding of assessments.
- Section 46A-4-74 - Exclusion of land from irrigation district--Effect of change on office of director.
- Section 46A-4-75 - Exclusion of land from irrigation district--Redivision of district by board ofdirectors--Election precincts, establishment, change from time to time.
- Section 46A-4-76 - Resolution to exclude unproductive lands from district--Reasons--Service onowners and residents--Publication of notice.
- Section 46A-4-77 - Hearing on exclusion of unproductive lands--Time and place--Objections--Failure to object deemed consent--Rescission of resolution or adoption ofsecond exclusion resolution.
- Section 46A-4-78 - Motion to reconsider exclusion of unproductive lands--Time--Appeal to circuitcourt--Contents--Trial--Filing of final resolution.
- Section 46A-4-79 - Rearrangement or reapportionment of district divisions upon exclusion of lands--Effects of exclusion--Procedural defects--Resolutions and bylaws.
- Section 46A-4-8 - Inclusion in irrigation district of lands capable of being irrigated from works inproposed district.
- Section 46A-4-80 - Subirrigated land--Relief from district assessments--Suspension order by boardof directors, recording of certified copy of order with register of deeds.
- Section 46A-4-81 - Dissolution of irrigation district--Petition by majority of assessment payers--Submission to voters at special election--Calling of election by board ofdirectors--Notice of election
- Section 46A-4-82 - Dissolution of irrigation district contracting with United States--Assent ofsecretary of interior required.
- Section 46A-4-83 - Election on dissolution of irrigation district--Ballots, form and contents, depositwith election officers--Conduct of election.
- Section 46A-4-84 - Election on dissolution of irrigation district--Returns and ballots, certification byelection boards--Canvass of returns and declaration of result by board ofdirectors--Recording of
- Section 46A-4-85 - Majority vote against dissolution of irrigation district--Another election duringyear forbidden.
- Section 46A-4-86 - Majority vote for dissolution of irrigation district--Notice by board of directorsto creditors of district--Settlement of claims.
- Section 46A-4-87 - Dissolution of irrigation district--Raising of money to pay debts--Valuation ofproperty of district by appraisers--Appointment of appraisers--Report ofappraisers to board of directo
- Section 46A-4-88 - Sale of property by board of directors--Advertisement--Notice of sale--Consideration of bids of purchasers by board of directors.
- Section 46A-4-89 - Rejection of bids for purchase of property--Private negotiations for sale byboard of directors, deferred payments.
- Section 46A-4-9 - Ditches or canals constructed prior to July 1, 1917, and lands watered thereby--Exemption from chapter, exception--Rights of ditches already constructed notaffected.
- Section 46A-4-90 - Purchasers of property on dissolution of irrigation district--Additional securityfor deferred payments--Collection.
- Section 46A-4-91 - Bonds and obligations of irrigation district--Redemption by board of directorsafter sale of property on dissolution of district.
- Section 46A-4-92 - Payment of outstanding obligations with proceeds of property sales--Pricespaid.
- Section 46A-4-93 - Proceeds of sale of property on dissolution of irrigation district insufficient topay debts--Assessments against lands in the district.
- Section 46A-4-94 - Dissolution of irrigation district--Disposal of property--Payment of obligations--Report of board of directors, filing and recording--Contents--Failure to sue onunpaid claim, effect
- Sections 46A-4-15.1, 46A-4-16 - Repealed
- Sections 46A-4-5 to 46A-4-7 - Repealed
Chapter 05 - Irrigation District Projects And Operations
- Section 46A-5-1 - Use of water and property for irrigation of lands--Public use--Regulation and control bystate.
- Section 46A-5-10 - Construction of works across streams, watercourses, highways, and railways.
- Section 46A-5-11 - Property acquired for project--Title vested in district--Management by board of directors.
- Section 46A-5-12 - Authority of board of directors--Acquisition of property--Actions to enforce and protectrights under law--Suits by and against, maintenance in person or by attorney in name ofdistri
- Section 46A-5-13 - Adoption of plan of works by board of directors--Notice of call for bids, publication,contents.
- Section 46A-5-14 - Contractor's bond--Sureties--Approval by board of directors--Terms.
- Section 46A-5-15 - Work done under engineer--Approval by board of directors.
- Section 46A-5-16 - Contracts for material--Lowest responsible bidder--Security for bid, amount, forfeiture.
- Section 46A-5-17 - Bids for construction of works unnecessary in case of contract between the district and theUnited States.
- Section 46A-5-18 - Authority of board of directors to contract with United States--Works for delivery anddistribution of water, construction, operation, and maintenance under federal reclamationlaws--
- Section 46A-5-19 - Contract with United States--Deposit of district bonds as security, sale of bonds by UnitedStates, liquidation of contract indebtedness, assessment and levy by district to pay inter
- Section 46A-5-2 - Resolution of board of directors--General plan of proposed operation, contents.
- Section 46A-5-20 - Contract with United States--Bonds of district not deposited as security--Levy orassessment of amount by board of directors to meet accrued yearly payments.
- Section 46A-5-21 - District as fiscal agent of the United States--Acceptance of appointment by board ofdirectors--Collection of money for United States under federal reclamation projects.
- Section 46A-5-22 - Obsolete.
- Section 46A-5-23 - Flow of water through ditches and canals--Duty of board of directors in time of high water.
- Section 46A-5-24 - Measuring devices, placement--System for interchange of water--Duties of board ofdirectors.
- Section 46A-5-25 - Apportionment of water by board of directors.
- Section 46A-5-28 - General fund of district--Appropriation by board of directors for advertising, maximumamount.
- Section 46A-5-29 - General fund of district--Appropriation by board of directors for support of county fair,maximum amount.
- Section 46A-5-3 - Determination of construction costs by board of directors--Examinations and surveys--Surveys, maps, plans, and estimates, certification by irrigation engineer.
- Section 46A-5-30 - Repealed.
- Section 46A-5-4 - Determination of funds required--Authorization, issuance, and sale of bonds--Election--Amount of bonds.
- Section 46A-5-4.1 - Eligibility to vote in bond election.
- Section 46A-5-5 - Contract with United States for construction, operation, and maintenance of works--Bonds not deposited in connection therewith, issuance unnecessary--Issuance of bondsfor funds in ad
- Section 46A-5-6 - Location of line of canal--Power of eminent domain.
- Section 46A-5-7 - Construction of works for collection and distribution of water--Furnishing of water forirrigation.
- Sections 46A-5-26, 46A-5-27 - Liability of district for negligence in delivering or failure to deliver water--Notice to chairman of board of directors describing acts of negligence. Diversion of water
- Sections 46A-5-8, Right-of-way - for laterals--Duties of board of directors--Eminent domain
- Sections 46A-5-9, Right-of-way - for works for collection of water over state lands and waters
Chapter 06 - Irrigation District Contracts And Financing
- Section 46A-6-1 - Unauthorized debts--Incurring by officers or board of directors forbidden.
- Section 46A-6-10 - Prior supplemental contracts with United States validated.
- Section 46A-6-15 - Covenants and agreements to protect security and payment of bonds--Agreements included.
- Section 46A-6-16 - Bonds of district to be delivered to United States under reclamation contract--Form--Terms--Denominations.
- Section 46A-6-17 - Issuance of bond not necessary--Cost and expenses of property and workscovered by contract between district and United States.
- Section 46A-6-18 - Repealed.
- Section 46A-6-19 - Payment of bonds and interest--Annual assessment upon real property ofdistrict.
- Section 46A-6-2 - Contract for supply of water to irrigate lands within district--Authority of boardof directors--Source of supply, location.
- Section 46A-6-22 - Debt service fund--Investment in federal or state bonds or certificates ofdeposit, deposits in banks within state.
- Section 46A-6-23 - Interest on due and unpaid interest coupons of bonds--Election to authorize--Form of ballots.
- Section 46A-6-24 - Interest on unpaid coupons--Majority vote of electors--Adoption declared byboard--Levy for capital projects fund--Stamping of coupons by countytreasurer.
- Section 46A-6-3 - Contract for supply of water to irrigate lands--Payment of purchase price withinone year, tax levy.
- Section 46A-6-31 - Confirmation of contracts and assessments by board of directors--Specialproceeding in circuit court--Practice and procedure--Partial approval and partialdisapproval--Curing of defec
- Section 46A-6-32 - Confirmation of issue and sale of bonds by board of directors--Judicialexamination in special proceeding--Approval or disapproval by circuit court.
- Section 46A-6-33 - Petition of board of directors for confirmation of issue and sale of bonds--Filedin circuit court--Contents.
- Section 46A-6-34 - Hearing of petition of board of directors for confirmation of issue and sale ofbonds--Notice of filing, publication--Time and place.
- Section 46A-6-35 - Pleading to petition of board of directors for confirmation of issue and sale ofbonds--Law governing.
- Section 46A-6-36 - Contract with United States amendatory of individual water right contracts--Exception.
- Section 46A-6-37 - Jurisdiction of court upon hearing of petition of board of directors forconfirmation of issue and sale of bonds--Determination of legality of acts ofboard, disregard of irregulariti
- Section 46A-6-38 - Determination of legality of proceedings for issue and sale of bonds--Statementof facts by board of directors, preparation, contents, certification--Statementand bonds presented to
- Section 46A-6-39 - Borrowing money by board of directors--United States contracts.
- Section 46A-6-4 - Contract to supply water to irrigate lands--Payments extending more than oneyear--Submission to voters for approval or disapproval, general or specialelection, notice, conduct of ele
- Section 46A-6-4.1 - Eligibility to vote on water supply contract.
- Section 46A-6-40 - Borrowing money by board of directors--Unforeseen or unusual conditions inoperating and maintaining system.
- Section 46A-6-41 - Borrowing money by board of directors--Maximum amount--Payment of loans.
- Section 46A-6-41.1 - Borrowing funds from conservancy district--Pledge of district credit.
- Section 46A-6-42 - Funds of district--Deposit in bank, designation by board of directors, release ofdistrict treasurer from personal liability.
- Section 46A-6-43 - Funds of district--Withdrawal from construction fund and deposit in countytreasury--Safekeeping and distribution by county treasurer--Monthly report ofcounty treasurer, verification
- Section 46A-6-44 - Costs of acquisition of property and construction of works and improvements--Payment out of construction fund or in district bonds.
- Section 46A-6-45 - Additional bonds of district--Priority.
- Section 46A-6-46 - Claims against district--Verification required--Oaths administered by districtsecretary.
- Section 46A-6-47 - Claims against district--Allowance by board of directors--Warrants forpayment.
- Section 46A-6-48 - Insufficient funds for payment of warrants--Endorsement of district treasurer--Interest.
- Section 46A-6-49 - Register of warrants by district treasurer, contents--Warrants paid in order ofpresentation.
- Section 46A-6-5 - Drainage of land by district--Providing of necessary funds--Surveys--Eminentdomain--Contract with United States.
- Section 46A-6-50 - District treasurer--Monthly report.
- Section 46A-6-51 - Transfer of assets and liabilities of nonprofit entity to district--Approval bygoverning board and electors.
- Section 46A-6-6 - Contract with United States for drainage of lands in district--Contract by boardof directors for drainage of contiguous outside lands, assumption of cost andrepayment to United State
- Section 46A-6-7 - Contract with United States--Submission by board of directors to voters,general or special election, notice, conduct of election--Approval by voters,execution of contract by board of
- Section 46A-6-8 - Supplemental contracts with United States--Board of directors authorized toenter into--Amount of principal indebtedness not increased.
- Section 46A-6-9 - Supplemental contracts with United States--Election not necessary--Judicialconfirmation not required--Resolution of board of directors authorizingexecution.
- Sections 46A-6-11 to 46A-6-14 - Repealed
- Sections 46A-6-20, 46A-6-21 - Repealed
- Sections 46A-6-25 to 46A-6-28 - Repealed
- Sections 46A-6-29, 46A-6-30 - Authority of district to contract with the United States guaranteeing bonds of district or extending financial credit. Acceptance of benefits of federal law by districts-
Chapter 07 - Irrigation District Assessments And Levies
- Section 46A-7-1 - Tolls, charges, and assessments--Expenses covered--Levy of assessments.
- Section 46A-7-10 - Acreage assessment to cover bond and contract payments--Special fund.
- Section 46A-7-11 - Assessment for operation, salaries and expenses.
- Section 46A-7-12 - Assessments--Rate of levy, computation.
- Section 46A-7-13 - District under contract with United States--Different deficiency assessment--Governed byprovisions of approved contract.
- Section 46A-7-14 - Neglect or refusal of board of directors to make assessment--Adoption of assessment forpreceding year.
- Section 46A-7-15 - Cancellation of levy or assessment--Modification of contract between United States anddistrict, elimination of charges, change in time of payment of charge.
- Section 46A-7-16 - Assessments--Computation and entry by secretary--Certification--Tax list.
- Section 46A-7-17 - Assessments levied for bond and United States contract fund--Collection by countytreasurer.
- Section 46A-7-18 - Capital projects fund tax--Interest coupons received in payment.
- Section 46A-7-19 - Assessments levied for general fund--Due date--Warrants received in payment.
- Section 46A-7-2 - Expenses for completion of irrigation system--Issuance of additional bonds or levy ofassessment.
- Section 46A-7-20 - Taxes received for capital projects and general funds--Remittance by county treasurer.
- Section 46A-7-21 - Liability of county treasurer for taxes from assessments.
- Section 46A-7-22 - Assessments against acreage of district within United States reclamation project--Collection.
- Section 46A-7-23 - Notice of decision to collect assessments against acreage in United States reclamationproject.
- Section 46A-7-24 - Decision of board of directors to collect assessments against acreage within United Statesreclamation project--Certificate, time for filing--Payment of assessments, time.
- Section 46A-7-25 - Collection of assessments against acreage within United States reclamation project--Singleassessment for operation and maintenance funds and contract funds, time for payment.
- Section 46A-7-26 - Collection of assessments against acreage within United States reclamation project--Dutyof director of equalization, determination of benefits, fixing annual assessments, completion
- Section 46A-7-27 - Filing of certificate of decision to collect assessments against acreage within United Statesreclamation project, effect--Secretary relieved of duty to certify to county auditor amo
- Section 46A-7-28 - Collection of assessments against acreage within United States reclamation project--Dutiesof treasurer of district, certification of delinquencies.
- Section 46A-7-29 - Collection of assessments against acreage within United States reclamation project--Reversion to former method of collection, filing with county auditor certificate of change,collec
- Section 46A-7-3 - Special assessment--Submission of question of levy by board of directors, notice ofelection--Authorized by majority of votes for assessment--Making of assessment byboard, amount--Ent
- Section 46A-7-3.1 - Eligibility to vote on special assessment.
- Section 46A-7-30 - Assessments--Payment under protest, disposition of money.
- Section 46A-7-31 - Refund of taxes or assessments--Conditions precedent, filing tax receipt showing paymentunder protest, affidavit stating grounds for refund.
- Section 46A-7-32 - Relevy of invalid, void or defective special tax or assessment--Assessment not invalidatedby erroneous extension--Correction by board of directors.
- Section 46A-7-33 - Assessment--Lien against property assessed--Interest--Sale of land.
- Section 46A-7-34 - Bond series lien preferences--Federal contract payments lien preferences.
- Section 46A-7-35 - Application of funds from assessment and levy--Priority in distribution.
- Section 46A-7-36 - Delinquent assessments--Compromise, abatement, or reallocation.
- Section 46A-7-37 - Delinquent assessments--Sales of land, bidding in by board of directors, striking off landto district, certificate of tax sale.
- Section 46A-7-38 - Special revenue fund for purchase of tax certificates and titles--Purpose--Creation byresolution of board of directors--Composition of fund--Use for payment of taxes, interest,and p
- Section 46A-7-39 - Taxes paid by district--Distribution of tax by county treasurer--Redemption or sale ofproperty by district, proceeds credited to special revenue fund for purchase of taxcertificates
- Section 46A-7-4 - Apportionment of benefits accruing to land by irrigation works--Determination by directorof equalization.
- Section 46A-7-40 - Expenditure of special revenue fund for purchase of tax certificates and titles, purposes--Fund inactive on resolution of board of directors, balance transferred to debt service fun
- Section 46A-7-41 - Tax sale certificate issued to county--Purchase by district--Purchase price, payment byboard of directors.
- Section 46A-7-42 - Land sold at tax sale to district--Tax deed, issuance to holder of certificate of tax sale inthe absence of redemption.
- Section 46A-7-43 - Tax deed issued to district--Sale of land by board of directors, public or private sale,price.
- Section 46A-7-44 - Land not subject to sale for delinquent taxes in the absence of delivery of water.
- Section 46A-7-45 - Warrants of districts--Limitation on amount issued, exception.
- Section 46A-7-5 - Apportionment of benefits to land by irrigation works--Assessment made in lieu of bondsor other authorized obligations--Assessment not invalid because in name of wrong person.
- Section 46A-7-6 - List of apportionment, making by director of equalization, contents--Map of eachsubdivision, rate of apportionment--Copy filed with Department of Environment andNatural Resources.
- Section 46A-7-7 - Assessments under contracts with United States for supply of water for irrigation orconstruction of works--Duty of board of directors to meet obligations--Apportionment ofbenefits un
- Section 46A-7-8 - Delivery of assessment roll to secretary--Notice of equalization meeting--Time formeeting--Roll available for inspection.
- Section 46A-7-9 - Board of equalization, board of directors constituting--Meetings, purpose--Apportionmentof benefits and assessments--Duties of secretary.
Chapter 07A - Cendak Irrigation District
- Section 46A-7A-1 - Definitions.
- Section 46A-7A-10 - Number of votes of landowners.
- Section 46A-7A-100 - Proceedings by shareholders to protect rights and enforce duties.
- Section 46A-7A-101 - Maximum amount and maturity of revenue bonds.
- Section 46A-7A-102 - Bonds issued to landowners as compensation--Vote required--Payable by credits for tollsand charges--Transfer restricted.
- Section 46A-7A-103 - Maturity and interest of landowner bonds.
- Section 46A-7A-104 - Capital benefit assessments--Purposes.
- Section 46A-7A-105 - Service areas and subareas determined.
- Section 46A-7A-106 - Estimated cost of project--Amendment--Approval by resolution.
- Section 46A-7A-107 - Apportionment of benefits.
- Section 46A-7A-108 - Agreement by benefited landowners for apportionment of costs.
- Section 46A-7A-109 - Lands of political subdivisions subject to apportionment of costs.
- Section 46A-7A-11 - Validation election.
- Section 46A-7A-110 - Apportionment roll--Preparation and certification--Contents.
- Section 46A-7A-111 - Report of director of equalization accompanying roll.
- Section 46A-7A-112 - Filing copy of roll and report--Notice--Time of meeting.
- Section 46A-7A-113 - Procedure at meeting--Adjustments requiring adjournment and notice.
- Section 46A-7A-114 - Record where no objections to roll presented.
- Section 46A-7A-115 - Approval of roll--Record.
- Section 46A-7A-116 - Election on levy of capital benefit assessment.
- Section 46A-7A-117 - Ballots and notice for election.
- Section 46A-7A-118 - Transmittal of roll on majority vote--Roll as lien--Effect of approval.
- Section 46A-7A-119 - Roll as conclusive evidence.
- Section 46A-7A-12 - Exclusion of land by owner without obligation--Time allowed.
- Section 46A-7A-120 - Interest on unpaid assessments--Sale of bonds secured by assessment.
- Section 46A-7A-121 - Resolution for sale of bonds effective on approval by state board--Filing with countytreasurers.
- Section 46A-7A-122 - Collection of assessments.
- Section 46A-7A-123 - Annual determination of percentage of assessment and interest called and collected--Filingresolution with counties.
- Section 46A-7A-124 - Computation of amount to be collected on each parcel.
- Section 46A-7A-125 - Collection of assessment called--Proceeds paid to district treasurer.
- Section 46A-7A-126 - Expenses of county officers deducted from assessment money.
- Section 46A-7A-127 - District share of redemption proceeds.
- Section 46A-7A-128 - Amendatory assessments.
- Section 46A-7A-13 - Exclusion--Obligations--Contract restriction.
- Section 46A-7A-131 - Cancellation of assessment.
- Section 46A-7A-132 - Refunding of excess assessments.
- Section 46A-7A-133 - Reapportionment of uncalled balance of assessment--Grounds--Procedure.
- Section 46A-7A-134 - Petition for reexamination of assessment.
- Section 46A-7A-135 - Amended assessment roll--Transmittal to county auditors and treasurers--Use.
- Section 46A-7A-136 - Objection to reapportionment by bondholders or lending agency--Appointment andcompensation of state adjustment board.
- Section 46A-7A-137 - Notice to county officers of invalidity of amended assessment roll.
- Section 46A-7A-138 - State Adjustment Board proceedings, findings and report--Confirmation or modificationof roll--Notice to county officials.
- Section 46A-7A-139 - Bond issues--Payment--Maturity--Interest--Redemption prior to maturity.
- Section 46A-7A-14 - Inclusion of land--Procedure--Conditions.
- Section 46A-7A-140 - Bonds--Denominations--Execution--Numbering--Contents of authorizing resolution.
- Section 46A-7A-141 - Sale of bonds--Approval--Purposes--Resolution for sale--Notice--Bids.
- Section 46A-7A-142 - Bonds paid from call of capital benefit assessment--Property liable for payment.
- Section 46A-7A-143 - Refunding bonds--Vote required for issuance.
- Section 46A-7A-144 - Amount of refunding bonds--Terms and conditions--Maturity.
- Section 46A-7A-145 - Unauthorized debt prohibited and void.
- Section 46A-7A-146 - Deposit of district funds.
- Section 46A-7A-147 - Deposit of funds with state treasurer--Responsibility and reports of state treasurer.
- Section 46A-7A-148 - Additional bonds--Election on issuance--Terms and conditions--Priority of benefitassessment lien securing.
- Section 46A-7A-149 - Verification of claims against district.
- Section 46A-7A-15 - Inclusion and exclusion of lands by same owner--Procedure.
- Section 46A-7A-150 - Payment of claims--Form and signature of warrants.
- Section 46A-7A-151 - Monthly reports of district treasurer.
- Section 46A-7A-152 - Budget hearing--Notice--Fiscal year of district.
- Section 46A-7A-153 - Contents of proposed budget.
- Section 46A-7A-154 - Budget meeting open for questions and comments.
- Section 46A-7A-155 - Adoption of budget--Audit of accounts--Filing budget and audit.
- Section 46A-7A-156 - Drainage powers of district--Cooperation with other governmental units.
- Section 46A-7A-157 - Drainage required by contract with United States--Approval of contract by electorsauthorizes assessments and charges.
- Section 46A-7A-158 - Wildlife habitat loss mitigation--Contract requirements--Enforcement.
- Section 46A-7A-159 - Procedures for wildlife habitat loss mitigation--Land acquisition.
- Section 46A-7A-16 - Maximum area of district.
- Section 46A-7A-160 - Cooperation by Department of Game, Fish and Parks.
- Section 46A-7A-161 - Project benefiting only portion of district--Hearing--Notice.
- Section 46A-7A-162 - Procedure at hearing to determine if project benefits only portion of district--Resolution--Creation of improvement district.
- Section 46A-7A-163 - Effect of creation of improvement district.
- Section 46A-7A-164 - Improvement district business conducted by irrigation district board and officers.
- Section 46A-7A-165 - Improvement district powers and governing provisions.
- Section 46A-7A-166 - Judicial confirmation--Actions for which board may seek confirmation.
- Section 46A-7A-167 - Judicial confirmation prerequisite to bond sale--Action for which board may seekconfirmation.
- Section 46A-7A-168 - Petition for judicial review and confirmation--Court in which filed--Contents.
- Section 46A-7A-169 - Notice of court hearing.
- Section 46A-7A-17 - List of included lands filed with registers of deeds--Changes.
- Section 46A-7A-170 - Answer or other pleading to petition--Effect of pleadings.
- Section 46A-7A-173 - Petition for election on discontinuance of district.
- Section 46A-7A-174 - Consent of secretary of interior required for dissolution proceedings.
- Section 46A-7A-175 - Ballots and conduct of dissolution election.
- Section 46A-7A-176 - Waiting period after rejection of dissolution.
- Section 46A-7A-177 - Notice to holders of claims of approval of dissolution--Settlement of claims.
- Section 46A-7A-178 - Sale of district property to pay indebtedness.
- Section 46A-7A-179 - Rejection of bids and sale by negotiation.
- Section 46A-7A-18 - Adjusting divisions.
- Section 46A-7A-180 - Payment of indebtedness from sale proceeds.
- Section 46A-7A-181 - Assessments and calls to pay indebtedness.
- Section 46A-7A-19 - Board of directors--Number--Divisions for election--Initial terms.
- Section 46A-7A-2 - Establishment--Purposes.
- Section 46A-7A-20 - Qualifications of directors.
- Section 46A-7A-21 - Publication of notice of validation and initial directors election.
- Section 46A-7A-22 - Nomination petitions for initial directors--Certification of nominees.
- Section 46A-7A-23 - Precincts for initial election--Change--General election laws applicable.
- Section 46A-7A-24 - Resolution declaring district functional on favorable vote of majority of electors--Certificates of election to directors--Cost of election.
- Section 46A-7A-25 - Conduct, canvass, recount, and contest of elections.
- Section 46A-7A-26 - Notices of elections.
- Section 46A-7A-27 - Calling elections--Date.
- Section 46A-7A-28 - Nominating petitions for directors--Signing.
- Section 46A-7A-29 - No election where only one nominee.
- Section 46A-7A-3 - Land comprising district--Notice to landowners--Right to exclusion--Changes.
- Section 46A-7A-30 - Voting by mail.
- Section 46A-7A-31 - Appointment of election boards.
- Section 46A-7A-32 - Chairman of election board--Filling vacancy on board--Oaths.
- Section 46A-7A-33 - Canvass of returns.
- Section 46A-7A-34 - Plurality elects--Certificate of election.
- Section 46A-7A-35 - Record of election results--Filing.
- Section 46A-7A-36 - Vacancy on board--Filling.
- Section 46A-7A-37 - Time director assumes duties.
- Section 46A-7A-38 - Oath of directors--Official bond.
- Section 46A-7A-39 - Organization of initial board.
- Section 46A-7A-4 - Purposes for which water provided.
- Section 46A-7A-40 - Repealed.
- Section 46A-7A-41 - Organization of board annually.
- Section 46A-7A-44 - Compensation of directors, officers, and employees.
- Section 46A-7A-45 - Powers of board.
- Section 46A-7A-46 - Contracts to supply water for nonirrigation uses.
- Section 46A-7A-47 - Conflict of interests prohibited--Violation as felony.
- Section 46A-7A-48 - State study loan fund balances transfer to district.
- Section 46A-7A-49 - Liability of lands in district.
- Section 46A-7A-5 - Transportation of water for others.
- Section 46A-7A-50 - Reserved.
- Section 46A-7A-51 - Retirement benefits for district employees.
- Section 46A-7A-52 - Waters and facilities in district declared to be public.
- Section 46A-7A-53 - Surveys and investigations authorized--Plan of operations--Contents.
- Section 46A-7A-54 - Contracts with United States authorized--Approval by electors.
- Section 46A-7A-54.1 - Deferral of water project study loan payment pending approval of contract with UnitedStates by electorate--Inclusion of repayment of study loan in approval submitted.
- Section 46A-7A-55 - Acceptance of acts of Congress.
- Section 46A-7A-56 - Supplemental or amendatory contracts with United States.
- Section 46A-7A-57 - Election or judicial confirmation of supplemental or amendatory contract not required.
- Section 46A-7A-58 - Cost estimates for plans--Preparation--Filing.
- Section 46A-7A-59 - Bond issue--Election--Limitation of amount.
- Section 46A-7A-6 - Exclusion of land converted from farming.
- Section 46A-7A-60 - Bonds to raise funds in addition to contract with United States.
- Section 46A-7A-61 - Right of entry by board--Acquisition of property--Payment with bonds.
- Section 46A-7A-62 - Construction authorized.
- Section 46A-7A-65 - Works constructed across waterways, highways and railroads.
- Section 46A-7A-66 - Title to property acquired.
- Section 46A-7A-67 - Board taking conveyances of property--Actions to carry out chapter or enforce rights.
- Section 46A-7A-68 - Contracts requiring bidding--Notice for bids.
- Section 46A-7A-69 - Emergency award of contracts without bids.
- Section 46A-7A-7 - Water Management Board and other districts not affected by chapter--District exemptfrom provisions governing other irrigation districts.
- Section 46A-7A-70 - Contracts for purchase of materials--Rejection of all bids--Procedure.
- Section 46A-7A-71 - Bond of contractor--Direction of work by board.
- Section 46A-7A-72 - Signing contracts and documents.
- Section 46A-7A-73 - Contracts awarded without bids--Procedure.
- Section 46A-7A-74 - Direction of construction by registered professional engineer.
- Section 46A-7A-75 - Policies and procedure for distribution of water and power--Contracts with landowners--Priorities--Charges.
- Section 46A-7A-76 - Resolutions establishing or amending policies and procedures--Filing resolutions--Enforceability--Resolutions open for inspection at district office.
- Section 46A-7A-77 - Resolution for distributing burden of water deficiency.
- Section 46A-7A-78 - Contracts for acquisition or settlement of water rights--District acting for others.
- Section 46A-7A-79 - Tolls and charges for use of water and other services.
- Section 46A-7A-8 - Right to vote in district elections.
- Section 46A-7A-80 - Tolls and charges payable in advance.
- Section 46A-7A-81 - Late charge and interest on delinquent toll or charge.
- Section 46A-7A-82 - Lien created by filing list of delinquencies.
- Section 46A-7A-83 - Action to collect delinquent toll or charge--Costs.
- Section 46A-7A-84 - Annual benefit assessment--Amount.
- Section 46A-7A-85 - Benefit assessment roll filed with county auditors and treasurers.
- Section 46A-7A-88 - Temporary borrowing prior to approval of bonds--Funds for repayment--Maximumamount.
- Section 46A-7A-89 - Temporary borrowing after approval and prior to sale of bonds--Repayment--Maximumamount.
- Section 46A-7A-9 - Voting by nonpersonal owners--Co-owners voting.
- Section 46A-7A-90 - Fiscal year borrowing against anticipated revenue--Maturity.
- Section 46A-7A-91 - Repayment of fiscal year borrowing.
- Section 46A-7A-92 - Revenue bonds--Vote required to issue--Approval by state board.
- Section 46A-7A-93 - Security for revenue bonds.
- Section 46A-7A-94 - Provision for early redemption of revenue bonds.
- Section 46A-7A-95 - Sale of revenue bonds--Rates--Terms.
- Section 46A-7A-96 - Form of revenue bonds--Execution.
- Section 46A-7A-97 - Special funds for revenue bond proceeds and pledged revenues--Fiscal agent.
- Section 46A-7A-98 - Covenants to secure revenue bonds.
- Section 46A-7A-99 - Interest on revenue bonds paid from proceeds.
- Sections 46A-7A-129, 46A-7A-130 - Reapportionment of assessment on subdivided parcel. Assessment of land on inclusion in district
- Sections 46A-7A-171, 46A-7A-172 - Scope of judicial review--Findings--Costs. Statement filed with state board where court finds organization and bond proceedings valid--Certification of bonds by state
- Sections 46A-7A-42, 46A-7A-43 - Time and place of regular meetings--Special meetings--Quorum--Majority approval for action--Meetings open to public. Records maintained--Open to public
- Sections 46A-7A-63, Right-of-way - acquisition
- Sections 46A-7A-64, Right-of-way - over state land
- Sections 46A-7A-86, 46A-7A-87 - Collection of assessments--Penalty and interest on delinquencies. Allocation of general fund benefit assessment--Lapse of authority to levy
Chapter 08 - Water Users' Associations
- Section 46A-8-1 - Association organized under state law in conformity with federal law--Amendment ofarticles of incorporation, purposes.
- Section 46A-8-2 - Proposed amendment of articles of incorporation of association, time and manner ofmaking, submission to shareholders, publication.
- Section 46A-8-3 - Bylaws of association--Repeal and amendment, submission of proposition to shareholders,publication.
- Section 46A-8-4 - Books of association--Acceptance for public record by board of county commissioners--Recording of stock subscriptions, charges.
- Section 46A-8-5 - Election of officers and directors of association.
- Section 46A-8-6 - Assessments against shareholders of association--Purpose--Bylaws for making, levying,collecting, and enforcing--Nonpayment does not bar other assessments.
- Section 46A-8-7 - Lien of association for unpaid assessments--Priority--Duration--Foreclosure and sale ofland.
Chapter 09 - Water User Districts
- Section 46A-9-1 - Purpose of chapter.
- 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-9-2 - Definition of terms.
- 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.
- Section 46A-9-3 - Organization--Actions by and against--Creation and incorporation.
- 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-9-4 - Petition for organization of district--Filing with and approval by board--Contents--Naming of directors.
- 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-9-5 - Lands included in district.
- 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.
- Section 46A-9-6 - Organization within territorial boundaries of another district.
- 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-9-7 - Directors--Election at large or from election divisions--Boundaries of divisionsdescribed in petition for organization.
- 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-9-8 - Grouping of directors elected at large--Term of office.
- 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.
- Section 46A-9-9 - Petition for organization of district--Number of signatures required--Name, postoffice address, and location of land of petitioner.
- 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
- 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
Chapter 10 - Intrastate Drainage Projects [Repealed]
Chapter 10A - County Drainage
- Section 46A-10A-1 - Definitions.
- Section 46A-10A-10 - Joint powers agreements by local units of government as to drainage.
- Section 46A-10A-100 - Election meeting--Appointments.
- Section 46A-10A-101 - Publication of notice of election--Votes by proxy.
- Section 46A-10A-102 - Election board to procure district records preceding election--Elected trustees to act asrecord custodians--Updates to district records.
- Section 46A-10A-103 - Voting rights of title holder.
- Section 46A-10A-104 - Landowner or joint landowners entitled to one vote collectively--Voting rights of minoror protected person.
- Section 46A-10A-105 - Voting through agent or proxy--Power of attorney to specify election for which it isused--Delivery of power of attorney.
- Section 46A-10A-106 - Superintendent's responsibilities--Manner and purpose of elections.
- Section 46A-10A-107 - Ballots and poll list--Ballot delivery.
- Section 46A-10A-108 - Vote count--Determination of election results--Election materials to be retained for sixtydays.
- Section 46A-10A-109 - Results of election to determine length of term.
- Section 46A-10A-11 - Agreements for receipt of federal or state funds for drainage.
- Section 46A-10A-110 - Trustees to appoint superintendent and clerks for subsequent election board--Determination of compensation of election board.
- Section 46A-10A-111 - Succeeding annual trustee elections.
- Section 46A-10A-112 - Trustee qualifications.
- Section 46A-10A-113 - Appointment to fill vacancy.
- Section 46A-10A-114 - Compensation of trustees and clerk of board--Filing requirements.
- Section 46A-10A-115 - Election of chair and clerk of board.
- Section 46A-10A-116 - Duties and responsibilities of board of trustees.
- Section 46A-10A-117 - Costs and expenses--Levy.
- Section 46A-10A-118 - Assessment on real property.
- Section 46A-10A-119 - Tax--Tax fund.
- Section 46A-10A-12 - Municipality contracting with county for services--Fees.
- Section 46A-10A-120 - Issuance of improvement certificates and drainage bonds.
- Section 46A-10A-121 - Record of official acts and proceedings--Filing of financial report--Examination of report.
- Section 46A-10A-122 - Grievances--Mediation.
- Section 46A-10A-13 - Joint county-municipal drainage activities.
- Section 46A-10A-14 - Board to provide funds, equipment, and accommodations for county drainage activity.
- Section 46A-10A-15 - Adoption of emergency drainage measures--Hearing--Notice--Limited term--Renewal.
- Section 46A-10A-16 - County drainage plan--Preparation--Adjuncts--Considerations.
- Section 46A-10A-17 - Purposes of drainage plan.
- Section 46A-10A-18 - Drainage projects and coordinated drainage areas authorized.
- Section 46A-10A-19 - Maps authorized.
- Section 46A-10A-2 - County drainage commission--Appointment--Filling vacancies--Majority required to act--Ex officio members.
- Section 46A-10A-20 - Legal controls for drainage management--Right to continue existing drainage.
- Section 46A-10A-21 - Official controls not limited.
- Section 46A-10A-22 - Publication of notice of hearing on proposed drainage plan.
- Section 46A-10A-23 - Board action on plan by ordinance or resolution.
- Section 46A-10A-24 - Filing and publication of board action on plan--Effective date of plan--Public inspection.
- Section 46A-10A-25 - Petition for election on adoption of plan--Notice of election--Ballots--Suspension ofeffective date--Inconsistent drainage efforts prohibited.
- Section 46A-10A-26 - Rejection of plan by voters--Revision, filing, and publication.
- Section 46A-10A-27 - Filing copy of adopted official control.
- Section 46A-10A-28 - Approval required for rehabilitation or construction of drain covered by plan--Boardreview of commission decision.
- Section 46A-10A-29 - Failure of commission to act as approval--Extension of period by board.
- Section 46A-10A-3 - Term and removal of members.
- Section 46A-10A-31.1 - Notice of recording requirements.
- Section 46A-10A-31.2 - Local governments exempt from recording requirements.
- Section 46A-10A-32 - Copy of recorded vested right sent to Department of Water and Natural Resources.
- Section 46A-10A-33 - Enforcement of chapter and official controls.
- Section 46A-10A-34 - Adjudication functions of commission or board.
- Section 46A-10A-34.1 - Board of adjudication by mutual agreement--Jurisdiction.
- Section 46A-10A-35 - Appeals from commission and board--Time allowed--Commencing action in circuitcourt.
- Section 46A-10A-36 - Regulation and elimination of nonconforming drains.
- Section 46A-10A-37 - Amendment and repeal of drainage plan--Request by petition.
- Section 46A-10A-38 - Petition by landowner for change of drainage restrictions--Notice to directly affectedpersons.
- Section 46A-10A-39 - Hearing on petition--Commission recommendation to board.
- Section 46A-10A-4 - Meetings.
- Section 46A-10A-40 - Affected person's right to be heard--Resolution adopting or rejecting proposal--Review,publication, and effective date of adoption--Election.
- Section 46A-10A-41 - Drainage plan or official controls for municipality--Approval or contract by municipalityrequired for effectiveness.
- Section 46A-10A-42 - Jurisdiction of incorporated municipality.
- Section 46A-10A-43 - Drainage district continuation and dissolution--County plan to include districts, vestedrights and plans or projects of local government units and coordinated drainage areas.
- Section 46A-10A-43.1 - Petition for future maintenance of drain jointly and voluntarily maintained by landownerswithin ten years of July 1, 1985.
- Section 46A-10A-43.2 - Signing of petition--Contents.
- Section 46A-10A-43.3 - Presentation of petition--Filing--Transmittal to Department of Environment and NaturalResources--Hearing.
- Section 46A-10A-43.4 - Opportunity to appear at hearing--When granted--Resolution by board as tomaintenance of drain.
- Section 46A-10A-44 - Recommendation that state's attorney seek injunction or other court action to prevent orabate violation.
- Section 46A-10A-45 - Mandamus proceedings authorized.
- Section 46A-10A-46 - Control of drainage construction, rehabilitation, or methods--Approval of board.
- Section 46A-10A-47 - Coordinated drainage area--Application for establishment--Inconsistency with countyplan or controls barring formation--Validity of information in county in process ofadopting plan
- Section 46A-10A-48 - Survey and map of proposed coordinated drainage area required--Availability forexamination.
- Section 46A-10A-49 - Form, verification, signatures, filing, and presentation of application for establishment ofarea.
- Section 46A-10A-5 - Compensation of members.
- Section 46A-10A-50 - Order establishing area subject to voters' approval--Notice of election--Exemption fromelection requirement.
- Section 46A-10A-51 - Publication of election notice.
- Section 46A-10A-52 - Hours polls open--Costs of election.
- Section 46A-10A-53 - Establishment of area effective on voters' approval--Waiting period after rejection byvoters.
- Section 46A-10A-56 - Public lands subject to drainage laws--Service of notices--Appearance by board orofficer in charge.
- Section 46A-10A-57 - Responsibilities for drainage projects.
- Section 46A-10A-58 - Signatures required for board action on drainage project petition.
- Section 46A-10A-59 - Contents of drainage project petition.
- Section 46A-10A-6 - Employment of personnel.
- Section 46A-10A-60 - Presentation and filing of petition--Time for board action--Copy to department.
- Section 46A-10A-61 - Survey and report contracted by board--Contents--Right of entry--Copy to department.
- Section 46A-10A-62 - Survey report to be written--Inspection--Scheduling hearing--Notice requirements.
- Section 46A-10A-63 - Appearances at hearing--Establishment of project--Variation from report--Adjournmentof hearing--Notices.
- Section 46A-10A-64 - Assistance by department--Reimbursement of expenses.
- Section 46A-10A-65 - Denial of petition or establishment of project--Findings required.
- Section 46A-10A-66 - Assessments authorized--Expenses paid.
- Section 46A-10A-67 - Acquisition of easements.
- Section 46A-10A-68 - Damages due to project--Determination--Hearing--Appeal.
- Section 46A-10A-69 - Naming project--Record of proceedings.
- Section 46A-10A-7 - Assistance by units of state government--Expense reimbursement.
- Section 46A-10A-7.1 - Maintenance of correspondence file--Correspondence marked with date of receipt--Term of retention.
- Section 46A-10A-70 - Permissible drainage of land.
- Section 46A-10A-71 - Drains along or across highways.
- Section 46A-10A-72 - Open ditches restricted along highways.
- Section 46A-10A-73 - Drains along and across railroads--Costs.
- Section 46A-10A-74 - Construction of drainage facilities across railroads--Costs.
- Section 46A-10A-75 - Construction contracts--Bids--Preference of landowners--Bond of contractor--Construction without contract.
- Section 46A-10A-76 - Highway bridges and culverts--Construction--Maintenance--Modification--Costs.
- Section 46A-10A-77 - Construction and contracting powers of board.
- Section 46A-10A-78 - Maintenance and improvement of existing drains, watercourses, and levees.
- Section 46A-10A-79 - Apportionment of original cost to annexed area when project extended.
- Section 46A-10A-8 - State Water Management Board, districts, and existing water rights unaffected--Effecton drainage districts.
- Section 46A-10A-80 - Maintenance of drains--Assessment of costs.
- Section 46A-10A-81 - Jurisdiction of improved existing drain--Maintenance--Assessments.
- Section 46A-10A-82 - Maintenance without notice--Actions authorized.
- Section 46A-10A-83 - Petition for repair or improvement of drain.
- Section 46A-10A-84 - Repairs without contract--Cost reimbursement.
- Section 46A-10A-85 - Replacing drain as repair.
- Section 46A-10A-86 - Improvements--Survey and cost estimate--Ordering without notice.
- Section 46A-10A-87 - Improvements requiring notice and hearing--Reclassification of benefits--Appeal.
- Section 46A-10A-88 - Assessment of maintenance and improvement costs.
- Section 46A-10A-89 - Maintenance and assessments for drainage work in more than one county.
- Section 46A-10A-9 - Joint drainage efforts by counties.
- Section 46A-10A-9.1 - Petition for assistance in development of intercounty drainage plan--Board defined.
- Section 46A-10A-9.2 - Meeting to develop mutually acceptable joint county drainage activities.
- Section 46A-10A-9.3 - Recommendation, notice, and hearing before Water Management Board--Cost ofpublication--Implementation.
- Section 46A-10A-9.4 - Limitation on effectiveness of action required by Water Management Board.
- Section 46A-10A-9.5 - Action required by board to be included in county drainage plan--Not subject toreferendum procedure.
- Section 46A-10A-90 - Injury or obstruction of drainage as misdemeanor--Civil liability.
- Section 46A-10A-91 - Drain or watercourse constructed to prevent entry of water as nuisance--Exception.
- Section 46A-10A-92 - Abandonment of project--Procedure.
- Section 46A-10A-93 - Approval required to alter drainage rights established with federal or state funds.
- Section 46A-10A-94 - Accounts of expenditures maintained--Inspection.
- Section 46A-10A-95 - Appeal by state as to public lands.
- Section 46A-10A-96 - Stay of proceedings on appeal--Bond--Damages.
- Section 46A-10A-97 - Costs of appeals.
- Sections 46A-10A-30, 46A-10A-31 - Permit system for drainage--Adoption--Granting permits--Fee--Permit required for modification of permitted drain or use of unrecorded right--Drainage without permit a
- Sections 46A-10A-54, 46A-10A-55 - Appointment and duties of election officers--Order declaring area established--Conclusiveness of order. Expenditure of county funds for application for coordinated dr
- Sections 46A-10A-98, 46A-10A-99 - Drainage district management by Board of Trustees. Petition for election
Chapter 10B - Drainage Basin Utility Districts
- Section 46A-10B-1 - Definition of terms.
- Section 46A-10B-10 - Certain actions prohibited without county or municipal government approval.
- Section 46A-10B-11 - Required notice--Contents.
- Section 46A-10B-12 - Drainage basin utility district as municipal utility.
- Section 46A-10B-13 - Additional administrative powers of governing body.
- Section 46A-10B-14 - Effect of chapter upon Water Management Board and certain other state laws.
- Section 46A-10B-15 - Establishment of district no guarantee flooding or damage will be eliminated.
- Section 46A-10B-16 - Assessment of basins--Governing body to designate installation of facilities and method ofassessment.
- Section 46A-10B-17 - Benefit versus cost analysis required.
- Section 46A-10B-18 - Adoption of master drainage plan and stormwater map--Contents--Revisions.
- Section 46A-10B-19 - Solicitation of entities to carry out plan--Furnishment of maps.
- Section 46A-10B-2 - Counties or municipalities authorized to establish drainage basin utility districts.
- Section 46A-10B-20 - Establishment of stormwater basin development and utility fees--Assessments againstindividual properties.
- Section 46A-10B-21 - Payment of development fee as condition for development--Purpose and amount of fee.
- Section 46A-10B-22 - Imposition of stormwater utility fee--Purpose, amount and separate components of fee.
- Section 46A-10B-23 - Fees deposited in fund--Purpose.
- Section 46A-10B-24 - Collection of unpaid charges--Lien created--Enforcement of provisions of chapter.
- Section 46A-10B-25 - Owner's right to dispute fees or other determinations--Petition and hearing.
- Section 46A-10B-26 - Reduction of fees upon completion or implementation of plan.
- Section 46A-10B-27 - Application of fees or charges.
- Section 46A-10B-28 - Accumulation of funds authorized.
- Section 46A-10B-29 - Issuance of bonds authorized.
- Section 46A-10B-3 - Joint powers agreement required.
- Section 46A-10B-30 - Drainage report and construction plans--Requirements for subdivision approval.
- Section 46A-10B-31 - Contract with developer--Reimbursement of actual costs incurred.
- Section 46A-10B-32 - Collection of charge from abutting property developer--Conditions--Repayment of originalinstaller.
- Section 46A-10B-33 - Stormwater facility property of governing body--Responsibility for operation andmaintenance.
- Section 46A-10B-34 - Technical assistance provided by Board of Water and Natural Resources and Departmentof Environment and Natural Resources.
- Section 46A-10B-35 - Board to consider certain provisions and guidelines in establishing ordinances orprocedures.
- Section 46A-10B-36 - Dissolution of district.
- Section 46A-10B-39 - Publication of petition prior to filing--Content.
- Section 46A-10B-4 - Joint powers agreement--Contents.
- Section 46A-10B-4.1 - Amendment to agreement--Adding to or deleting from district.
- Section 46A-10B-40 - Authority of circuit court to dissolve district.
- Section 46A-10B-41 - Petition to suspend or cancel project--Content and form.
- Section 46A-10B-42 - Publication of petition to cancel or suspend project--Requirements.
- Section 46A-10B-5 - Hearing required--Timing and attendance.
- Section 46A-10B-6 - Publication of proposed agreement or amendment prior to hearing--Contents.
- Section 46A-10B-7 - Approval and execution of agreement--Establishment or adjustment of district.
- Section 46A-10B-8 - Boundaries.
- Section 46A-10B-9 - Agreement to designate and define composition of governing body--Requirements--Powers.
- Sections 46A-10B-37, 46A-10B-38 - Content and form of petition for dissolution. Filing of petition
Chapter 11 - Drainage Assessments And Bonds
- Section 46A-11-1 - Resolution establishing drainage project--Filing of certified copy with register of deeds--Contents--Recording and indexing--Constructive notice.
- Section 46A-11-10 - Assessments as work progresses--One assessment sufficient where no damages arepayable or damages have been paid with warrants.
- Section 46A-11-11 - Agreement of contractors to take assessment certificates or warrants for services--Assessment for entire balance of cost of construction--Lien of assessment--Enforcement--Sale of a
- Section 46A-11-12 - Assessments paid to county treasurer--Distribution.
- Section 46A-11-13 - Assessments for drainage, payment in installments--Agreement of taxpayer with countyauditor--Assessment certificates, coupon form.
- Section 46A-11-14 - Assessments for drainage, payment in installments--Time installments due--Penalty ondelinquencies.
- Section 46A-11-15 - Discharge of assessments for drainage--Land not discharged until bond issue paid.
- Section 46A-11-16 - Assessments of school and public lands for construction of drainage project--Certificationby county auditor--Payment.
- Section 46A-11-17 - Assessments for drainage against municipalities--Tax levy by municipal officials--Enforcement and collection.
- Section 46A-11-18 - Payment of drainage assessments against townships--Unorganized townships.
- Section 46A-11-19 - Assessments for drainage--Enforcement by county treasurer, sale of property.
- Section 46A-11-2 - Apportionment of benefits of proposed drainage project by board of countycommissioners--Equalization of benefits, notice, publication, and posting.
- Section 46A-11-20 - Assessments upon land in other counties--Payment to treasurer of county having chargeof drainage--Delinquent assessments, certificate to county in which land situated.
- Section 46A-11-21 - Repealed.
- Section 46A-11-22 - Cancellation of installments of assessment--Reassessment with further assessments--Issuance of bonds--Consideration of payments by landowner on account of previousassessments or pe
- Section 46A-11-23 - Levy of costs over several years--Fixing annual levy--Bond issue--Terms of bonds.
- Section 46A-11-24 - Drainage bonds--Execution--Purpose of issue--Negotiation--Recital--Charge againstlands.
- Section 46A-11-25 - Drainage bonds--County not liable for payment--Payment from assessments.
- Section 46A-11-26 - Assessments payable to treasurer of county in which assessed land is situated--Issuanceof bonds by joint action of boards--Laws governing.
- Section 46A-11-27 - Additional bonds, issuance--Cost of proposed drainage exceeding estimated cost--Newapportionment of assessments--Certification of assessments finally fixed to countytreasurer--Mone
- Section 46A-11-3 - Matters considered in fixing and equalizing benefits.
- Section 46A-11-30 - Petition for extension of unpaid installments for drainage--Number of signatures required--Identification of drain--Contents--Hearing, publication of notice.
- Section 46A-11-31 - Petition for extension of unpaid installments for drainage--Consideration by board ofcounty commissioners--Adjournment of hearing--Order of board.
- Section 46A-11-32 - Appeal from order extending time for payment of unpaid installments--Determination--Waiver of matter not included in appeal.
- Section 46A-11-33 - Refunding outstanding evidences of indebtedness--Sale and exchange--Laws governing.
- Section 46A-11-34 - Determination of amount required to pay principal and interest on outstanding bonds byboard of county commissioners--Time for making--New apportionment of assessmentagainst lands,
- Section 46A-11-35 - Repealed.
- Section 46A-11-36 - Drainage projects established under prior law--Assessments unenforceable--Appraisementand apportionment of benefits under this chapter.
- Section 46A-11-37 - Abandonment and abolition of drainage--Assessments and liens not affected.
- Section 46A-11-4 - Hearing on equalization of benefits--Determination by board--Revision procedure.
- Section 46A-11-5 - Assessment by board--Cost of establishment.
- Section 46A-11-6 - Assessment--Certified copy filed with county treasurer--Notice.
- Section 46A-11-7 - Assessment due and payable from time of filing of certified copy--Lien--Penalty andinterest on delinquencies--Payment--Distribution.
- Section 46A-11-8 - Assessment certificates--Issuance--Form and contents--Rights of holder--Enforcement.
- Section 46A-11-9 - Assessments for further costs of construction.
- Sections 46A-11-28, 46A-11-29 - Separate accounts for drainage projects. Unpaid installments of assessments for drainage--Extension by board of county commissioners--Drainage refunding bonds authorize
Chapter 12 - Trustee Management Of Drainage Districts [Repealed]
Chapter 13 - Interstate Drainage Districts
- Section 46A-13-1 - Petition for formation of interstate drainage district--Filing with clerk of circuit court--Number of signatures required--Landowners, qualifications--Time and place for hearingfixe
- Section 46A-13-10 - Petition for improvement of interstate drainage project--Filing with commission,jurisdiction--Number of signatures required--Verification--Landowners, qualifications--Description o
- Section 46A-13-11 - Bond of petitioners requesting improvement of interstate drainage project--Sureties,approval by commission--Amount--Conditions.
- Section 46A-13-12 - Authority of commission and officials of adjoining state--Ordering survey and report ofengineers, time for completion and filing.
- Section 46A-13-13 - Proposed improvement of interstate drainage project affecting water of United States--Useof government surveys or plans.
- Section 46A-13-14 - Proposed improvement of interstate drainage project--Report of survey by engineers,consideration by commission and officials of adjoining state--Joint plan for construction,adoptio
- Section 46A-13-15 - Joint plan for proposed improvement of interstate drainage project, adoption--Viewers,appointment, number, qualifications--Report of viewers, contents, description of property,esti
- Section 46A-13-16 - Estimation of total cost of construction of proposed improvement of interstate drainageproject.
- Section 46A-13-17 - Viewers' report, filing with commission--Agreement of commission and officers ofadjoining state as to amount of costs to be borne by property within the respective states.
- Section 46A-13-18 - Determination by commission fixing proportion of cost payable by district--Finality.
- 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 petitionto const
- Section 46A-13-2 - Petition for formation of interstate drainage district--Jurisdiction of circuit court--Hearing--Determination of boundaries of district--Designation of name.
- Section 46A-13-20 - Hearing on proposed improvement of interstate drainage project--Notice, publication andposting, description of plan, summoning of interested persons.
- Section 46A-13-21 - Hearing on proposed improvement of interstate drainage project--Appearance for oragainst.
- Section 46A-13-22 - Adjournment of hearing on proposed improvement of interstate drainage project,purposes--Modification of joint plan, recording.
- Section 46A-13-25 - Costs borne by state--Assessments--Warrants.
- Section 46A-13-26 - Damages caused by construction of proposed improvement--Assessment, hearing, appeal.
- Section 46A-13-27 - Establishment of drainage improvement and determination of damages--Equalization ofbenefits.
- Section 46A-13-28 - Assessments for portion of cost of construction of drainage improvement required to bepaid by drainage district--Property subject to assessment.
- Section 46A-13-29 - Bonds to raise money for portion of cost of construction of drainage improvement requiredto be paid by drainage district--Issuance and sale.
- Section 46A-13-3 - Powers of interstate drainage district--Public corporation--Suits by and against district.
- Section 46A-13-30 - Assessments for drainage purposes--Authority of commissioners of interstate drainagedistrict.
- Section 46A-13-31 - Special assessment order of commissioners of interstate drainage district--Certified copyfiled with county treasurer--Lien of assessment--Collection and disbursement ofassessments.
- Section 46A-13-32 - Construction of drainage improvement--Provision for necessary funds--Letting ofcontracts, advertising for bids--Joint arrangements.
- Section 46A-13-33 - Drainage improvement constructed by joint arrangement--Maintenance and repair,assessments.
- Section 46A-13-34 - Repair and improvement of interstate drainage project--Absence of arrangement for jointaction--Treated as drainage improvement within state--Duties of commission.
- Section 46A-13-35 - Defects or irregularities disregarded in suit to avoid assessment or to invalidate anyproceeding--Substantial defect, rights of parties determined by court.
- Section 46A-13-4 - Governing commission of interstate drainage district--Number of members, selection.
- Section 46A-13-5 - Governing commission of interstate drainage district--Qualifications of members--Term ofoffice of commissioners--Vacancies on commission, filling.
- Section 46A-13-6 - Commissioners of interstate drainage district--Oath of office, filing--Bond, filing, approvalby board of county commissioners.
- Section 46A-13-7 - Organization of commission--Time--Officers, selection.
- Section 46A-13-8 - Compensation of commissioners.
- Section 46A-13-9 - Powers and duties of commission.
- Sections 46A-13-23, 46A-13-24 - Denial of petition for improvement of interstate drainage project--Grounds--Liability of petitioners for costs of proceeding. Establishment of drainage improvement by c
Chapter 14 - Watershed Districts
- Section 46A-14-1 - Purpose of chapter--Construction and administration.
- Section 46A-14-10 - Determination of status of petitioners--Certification to conservation district.
- Section 46A-14-11 - Petition for establishment of watershed district--Receipt by conservationdistrict, acknowledgment, preliminary report, adjustment of boundaries.
- Section 46A-14-12 - Conservation commission duties as to watershed projects.
Chapter 15 - Missouri River Development
Chapter 16 - Minnesota Boundary Waters
Chapter 17 - Belle Fourche River Compact
Chapter 18 - Water Project Districts