46-7-5.1. Repair of unsafe works by chief engineer--Cost as lien against property--Bidding provisions.
Upon failure or refusal of an owner of unsafe works to make the changes necessary to secure the safety of the works pursuant to the chief engineer's order or order of the board, the chief engineer may enter upon the property where the works are located and make the necessary changes. The cost of the work shall be borne by the owner of the works and may be recorded as a lien against any property of the owner until paid. This section does not limit any other remedy against the owner of the works. The chief engineer shall comply with the bidding provisions of chapters 5-18A and 5-18B unless the chief engineer determines that compliance with those provisions will result in harm to public health or property.
Source: SL 1983, ch 314, §121; SL 1987, ch 328, §1B; SL 2011, ch 2, §145; SL 2011, ch 165, §280.
Structure South Dakota Codified Laws
Chapter 07 - Storage, Diversion And Irrigation Works
Section 46-7-1 - Excess capacity of works--Availability for beneficial use.
Section 46-7-2 - Headgates or other measuring devices required.
Section 46-7-3 - Repair of works required--Rules.
Section 46-7-5.4 - Definition of terms.
Section 46-7-5.8 - Requirements as to form and content of owner's affidavit.
Section 46-7-5.9 - Board's acceptance of owner's affidavit--Conditions.
Section 46-7-5.10 - Recording requirements as to owner's affidavit.
Section 46-7-12 - Willful damage, destruction, or interference with works prohibited.
Section 46-7-14 - Unauthorized injury to or interference with pier, boom, or dam prohibited.