State Codes and Statutes

State Codes and Statutes

Statutes > South-dakota > Title-46a > Chapter-13 > Statute-46a-13-10

46A-13-10. Petition for improvement of interstate drainage project--Filing with commission, jurisdiction--Number of signatures required--Verification--Landowners, qualifications--Description of project--Joint survey, appointment of engineers. Upon the filing with such interstate drainage district commission of a petition signed and verified by not less than twenty-five South Dakota resident owners of not less than ten acres of land each within such district, as shown by the records in the offices of the register of deeds and the clerk of courts of the county wherein such land is situated; and if such land is sold under contract for deed, which is of record in the office of the register of deeds of such county, both the landowner and his individual purchaser of such land, as named in such contract for deed, shall be treated as such owners, or by the governing authorities of any county or municipality likely to be affected by a proposed improvement, setting forth the necessity for such improvement to be constructed by joint arrangement and cooperation with the authorities of another state or other states, giving a general description thereof, and if a ditch or watercourse is involved, describing the starting point, the general route, and terminus together with a description of the territory likely to be affected; and if such improvement involves the raising, or lowering, or impounding, of water in any body of water or stream, there shall be included in such petition a description of such body of water or watercourse and the proposed changes to be made, setting forth the object of such changes and giving a description of the land likely to be affected thereby, and asking therein for the construction of any of the drainage or flood control improvements named and referred to in this chapter, such commissions shall have jurisdiction of all matters referred to in such petition in the several counties named within the limits of such district and shall have full authority to make such joint contracts or arrangements as may be deemed necessary or proper with the court, tribunal, or other body in such adjoining state or states, having authority therein relative to drainage and control of flood waters, for the appointment of one or more engineers to secure a joint survey of the territory affected by the proposed improvement, with a view to the adoption of a joint plan for cooperation in supplying the necessary and proper drainage of lands affected by such improvement, and impounding and controlling flood waters therein and the outlet therefrom. In the selection of such engineers preference shall be given to state engineers or engineers in charge of state drainage in the respective states.

Source: SDC 1939, § 61.1105; SL 1964, ch 222, § 2; SDCL, § 46-23-10.