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 - South-dakota Statutes

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46A-9-16. Declaration of board as to feasibility of proposed project and conformance to public convenience--Dismissal of petition where project not feasible--Finding of feasibility and public convenience, certificate, approval of petition--Filing of certificate, effect, district designated as public corporation. The Board of Water and Natural Resources, within ninety days from the receipt of the petition, or within ninety days from the time funds shall become available to defray the cost of the investigation, shall declare that the proposed project is or is not feasible and conforming to public convenience and welfare. If the project is deemed not feasible, the board shall dismiss the petition; but if the board deems the project feasible and conforming to public convenience and welfare, it shall immediately execute a certificate, in duplicate, setting forth a true copy of the petition and declaring that said petition is approved, and shall cause said certificate to be forwarded to and filed in the Office of the Secretary of State and a copy thereof, certified by him, in the office of the county auditor of each county in which any of the lands in such water user district shall be located. Thereupon, said district, under its designated name, shall be and constitute a body politic and corporate under the provisions of this chapter and shall be a public corporation of the State of South Dakota.

Source: SL 1939, ch 291, § 4; SL 1943, ch 310; SDC Supp 1960, § 61.1304 (1); SDCL, § 46-16-16.

State Codes and Statutes

Statutes > South-dakota > Title-46a > Chapter-09 > Statute-46a-9-16

46A-9-16. Declaration of board as to feasibility of proposed project and conformance to public convenience--Dismissal of petition where project not feasible--Finding of feasibility and public convenience, certificate, approval of petition--Filing of certificate, effect, district designated as public corporation. The Board of Water and Natural Resources, within ninety days from the receipt of the petition, or within ninety days from the time funds shall become available to defray the cost of the investigation, shall declare that the proposed project is or is not feasible and conforming to public convenience and welfare. If the project is deemed not feasible, the board shall dismiss the petition; but if the board deems the project feasible and conforming to public convenience and welfare, it shall immediately execute a certificate, in duplicate, setting forth a true copy of the petition and declaring that said petition is approved, and shall cause said certificate to be forwarded to and filed in the Office of the Secretary of State and a copy thereof, certified by him, in the office of the county auditor of each county in which any of the lands in such water user district shall be located. Thereupon, said district, under its designated name, shall be and constitute a body politic and corporate under the provisions of this chapter and shall be a public corporation of the State of South Dakota.

Source: SL 1939, ch 291, § 4; SL 1943, ch 310; SDC Supp 1960, § 61.1304 (1); SDCL, § 46-16-16.

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Statutes > South-dakota > Title-46a > Chapter-09 > Statute-46a-9-16

46A-9-16. Declaration of board as to feasibility of proposed project and conformance to public convenience--Dismissal of petition where project not feasible--Finding of feasibility and public convenience, certificate, approval of petition--Filing of certificate, effect, district designated as public corporation. The Board of Water and Natural Resources, within ninety days from the receipt of the petition, or within ninety days from the time funds shall become available to defray the cost of the investigation, shall declare that the proposed project is or is not feasible and conforming to public convenience and welfare. If the project is deemed not feasible, the board shall dismiss the petition; but if the board deems the project feasible and conforming to public convenience and welfare, it shall immediately execute a certificate, in duplicate, setting forth a true copy of the petition and declaring that said petition is approved, and shall cause said certificate to be forwarded to and filed in the Office of the Secretary of State and a copy thereof, certified by him, in the office of the county auditor of each county in which any of the lands in such water user district shall be located. Thereupon, said district, under its designated name, shall be and constitute a body politic and corporate under the provisions of this chapter and shall be a public corporation of the State of South Dakota.

Source: SL 1939, ch 291, § 4; SL 1943, ch 310; SDC Supp 1960, § 61.1304 (1); SDCL, § 46-16-16.