State Codes and Statutes

Statutes > South-dakota > Title-46a > Chapter-09 > Statute-46a-9-4

46A-9-4. Petition for organization of district--Filing with and approval by board--Contents--Naming of directors. A water user district may be organized under the provisions of this chapter by filing in the Department of Water and Natural Resources a petition in compliance with the requirements hereinafter set forth, and the approval of said petition by the Board of Water and Natural Resources as hereinafter provided. Said petition shall be addressed to the Board of Water and Natural Resources and shall state in substance that it is the intent and purpose of the petitioners thereby to create a district under the provisions of this chapter, subject to approval by the board. Such petition must contain:
(1) The name of the proposed district;
(2) The object and purpose of the system proposed to be constructed or acquired, together with a general description of the nature, location, and method of operation of the proposed works;
(3) A description of the lands constituting the proposed district and of the boundaries thereof, and the names of any municipalities included partly or wholly within the boundaries of the proposed district;
(4) The location of the principal place of business of the proposed district;
(5) A statement that the proposed district shall not have the power to levy taxes or assessments;
(6) The number of members of the board of directors of the proposed district, which number shall be not less than five nor more than thirteen, a statement as to whether the directors shall be elected at large or shall be apportioned to election divisions and elected by the voters thereof, the names and addresses of the members who shall serve until their successors are elected and qualified as provided in this chapter, and if election divisions are provided for, the respective divisions which the directors are to represent. The persons named in the petition as directors shall be owners of land or entrymen within the district, and, if election divisions are provided for, they shall be owners of land or entrymen within the respective divisions they are to represent.

Source: SL 1939, ch 291, § 4; SL 1943, ch 310; SDC Supp 1960, § 61.1304 (1); SDCL, § 46-16-4; SL 1974, ch 286, § 3; SL 1992, ch 60, § 2.