State Codes and Statutes

State Codes and Statutes

Statutes > South-dakota > Title-46a > Chapter-13 > Statute-46a-13-9

46A-13-9. Powers and duties of commission. Whenever it shall become necessary or expedient in order to facilitate drainage into or from any lake, pond, or other body of water, or any river, stream, or watercourse, which forms to any extent a boundary line between this state and any other state, or when it shall become necessary in order to control to any extent flood waters into, through, or from any such lake, pond, body of water, river, stream, or watercourse, or in the interests of flood control to raise, lower, or otherwise affect the stage or depth of water therein, or whenever it shall be necessary or expedient to drain land included within a natural drainage basin lying along or extending across the boundary line of the state, by joint action with the authorities of any adjoining state, which drainage or flood control shall cause benefits or damages to, or otherwise affect property in this state and such other state, the commissioners of the drainage district, including the territory abutting upon such boundary waters, shall have authority to join with and enter into all necessary contracts or arrangements with the court, board, or tribunal of such adjoining state, having power or authority relative to drainage matters in such state, including the right to raise, lower, or fix the stage of water in such boundary waters, and also with the United States government by its authorized authority for the joint establishment and construction of all necessary ditches, drains, canals, dikes, levees, dams, locks, spillways, or other structures necessary to provide a proper watercourse, and provide for the raising or lowering and establishment of the stage of water in any of such lakes, ponds, bodies of water, rivers, streams, or watercourses, and the deepening, widening, and straightening of the channels of any river, stream, or watercourse connected therewith, or for otherwise controlling by dikes or levees the flow of water in such watercourse in such manner as may be found necessary to effectuate the provisions of this chapter and for securing and providing the necessary drainage facilities and control of flood waters into, through, and from such boundary waters and the rivers, streams, or ditches connected therewith, and for properly draining any natural drainage basin lying along or extending across the boundary line of the state. In order to carry out such contracts and arrangements such commissioners shall have the authority to determine the damages and benefits which may result to property located within their drainage district, to provide funds for the carrying out of such contracts and arrangements by special assessment upon the property benefited according to the benefits received, as such authority is more specifically provided for in this chapter.

Source: SDC 1939, § 61.1103; SDCL, § 46-23-9.