Section 46A-7A-75 - Policies and procedure for distribution of water and power--Contracts with landowners--Priorities--Charges. - South-dakota Statutes

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Statutes > South-dakota > Title-46a > Chapter-07a > Statute-46a-7a-75

46A-7A-75. Policies and procedure for distribution of water and power--Contracts with landowners--Priorities--Charges. The board shall establish policies and procedures for the most economical and efficient distribution and use of water and power within the district and may enter into long-term water service contracts with landowners in the district. The contracts, at the discretion of the board, may provide that the obligations form a lien on the land with the same force, effect, and priority as an assessment lien if the contract is recorded in the office of the register of deeds in the county in which the land is situated. The policies, procedures, and contracts shall recognize and shall be subject to priorities in the right to water between different consumers of the water as may legally exist. The board may establish a procedure for fixing tolls and charges and may provide for equitable apportionment of assessments. The contracts also may provide that if a landowner is delinquent in payment of any toll, charge, or assessment or has failed to meet other contract provisions, the district may immediately suspend delivery of water to the landowner until the delinquency or other default is rectified.

Source: SL 1985, ch 360, § 75; SL 1993, ch 256, § 79.

State Codes and Statutes

Statutes > South-dakota > Title-46a > Chapter-07a > Statute-46a-7a-75

46A-7A-75. Policies and procedure for distribution of water and power--Contracts with landowners--Priorities--Charges. The board shall establish policies and procedures for the most economical and efficient distribution and use of water and power within the district and may enter into long-term water service contracts with landowners in the district. The contracts, at the discretion of the board, may provide that the obligations form a lien on the land with the same force, effect, and priority as an assessment lien if the contract is recorded in the office of the register of deeds in the county in which the land is situated. The policies, procedures, and contracts shall recognize and shall be subject to priorities in the right to water between different consumers of the water as may legally exist. The board may establish a procedure for fixing tolls and charges and may provide for equitable apportionment of assessments. The contracts also may provide that if a landowner is delinquent in payment of any toll, charge, or assessment or has failed to meet other contract provisions, the district may immediately suspend delivery of water to the landowner until the delinquency or other default is rectified.

Source: SL 1985, ch 360, § 75; SL 1993, ch 256, § 79.

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State Codes and Statutes

Statutes > South-dakota > Title-46a > Chapter-07a > Statute-46a-7a-75

46A-7A-75. Policies and procedure for distribution of water and power--Contracts with landowners--Priorities--Charges. The board shall establish policies and procedures for the most economical and efficient distribution and use of water and power within the district and may enter into long-term water service contracts with landowners in the district. The contracts, at the discretion of the board, may provide that the obligations form a lien on the land with the same force, effect, and priority as an assessment lien if the contract is recorded in the office of the register of deeds in the county in which the land is situated. The policies, procedures, and contracts shall recognize and shall be subject to priorities in the right to water between different consumers of the water as may legally exist. The board may establish a procedure for fixing tolls and charges and may provide for equitable apportionment of assessments. The contracts also may provide that if a landowner is delinquent in payment of any toll, charge, or assessment or has failed to meet other contract provisions, the district may immediately suspend delivery of water to the landowner until the delinquency or other default is rectified.

Source: SL 1985, ch 360, § 75; SL 1993, ch 256, § 79.