46A-10A-61. Survey and report contracted by board--Contents--Right of entry--Copy to department.
If the board determines it is necessary, it shall contract for a survey of the proposed drainage to be made by an engineer selected by the board. The survey and subsequent report shall show the starting point, the route, the terminus of any proposed ditch or drain or other improvement, and the course and length of any drain through each tract of land, together with the number of acres from each tract required for construction of improvements. The survey and report shall show the elevation of all lakes, ponds, and sloughs or depressions in the project and the boundary of the proposed project, to include all land that will be benefited by the proposed improvements. The survey and report shall include the approximate location of watersheds within the district, a description of each tract of land within the district, and the names of the owners and shall identify that tract of land most likely to receive average benefit from the project. The survey and report shall estimate the probable cost and shall include other facts and recommendations the engineer deems material so the board may determine the feasibility of the project. The survey may extend to lands other than those affected by the proposed project to determine the best practical method of draining the entire area under study. For the purpose of inspection or surveys, board members, engineers, or their employees may enter upon any land traversed by the proposed project that, in their judgment, is likely to be affected. The county auditor shall furnish the Department of Agriculture and Natural Resources a copy of the engineer's report and all maps and plans prepared by the engineer.
Source: SL 1985, ch 362, §62; SL 2011, ch 165, §498; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
Structure South Dakota Codified Laws
Section 46A-10A-1 - Definitions.
Section 46A-10A-3 - Term and removal of members.
Section 46A-10A-5 - Compensation of members.
Section 46A-10A-6 - Employment of personnel.
Section 46A-10A-7 - Assistance by units of state government--Expense reimbursement.
Section 46A-10A-9 - Joint drainage efforts by counties.
Section 46A-10A-9.2 - Meeting to develop mutually acceptable joint county drainage activities.
Section 46A-10A-9.4 - Limitation on effectiveness of action required by Water Management Board.
Section 46A-10A-10 - Joint powers agreements by local units of government as to drainage.
Section 46A-10A-11 - Agreements for receipt of federal or state funds for drainage.
Section 46A-10A-12 - Municipality contracting with county for services--Fees.
Section 46A-10A-13 - Joint county-municipal drainage activities.
Section 46A-10A-16 - County drainage plan--Preparation--Adjuncts--Considerations.
Section 46A-10A-17 - Purposes of drainage plan.
Section 46A-10A-18 - Drainage projects and coordinated drainage areas authorized.
Section 46A-10A-19 - Maps authorized.
Section 46A-10A-20 - Legal controls for drainage management--Right to continue existing drainage.
Section 46A-10A-21 - Official controls not limited.
Section 46A-10A-22 - Publication of notice of hearing on proposed drainage plan.
Section 46A-10A-23 - Board action on plan by ordinance or resolution.
Section 46A-10A-26 - Rejection of plan by voters--Revision, filing, and publication.
Section 46A-10A-27 - Filing copy of adopted official control.
Section 46A-10A-29 - Failure of commission to act as approval--Extension of period by board.
Section 46A-10A-31.1 - Notice of recording requirements.
Section 46A-10A-31.2 - Local governments exempt from recording requirements.
Section 46A-10A-32 - Copy of recorded vested right to department.
Section 46A-10A-33 - Enforcement of chapter and official controls.
Section 46A-10A-34 - Adjudication functions of commission or board.
Section 46A-10A-34.1 - Board of adjudication by mutual agreement--Jurisdiction.
Section 46A-10A-36 - Regulation and elimination of nonconforming drains.
Section 46A-10A-37 - Amendment and repeal of drainage plan--Request by petition.
Section 46A-10A-39 - Hearing on petition--Commission recommendation to board.
Section 46A-10A-42 - Jurisdiction of incorporated municipality.
Section 46A-10A-43.2 - Signing of petition--Contents.
Section 46A-10A-45 - Mandamus proceedings authorized.
Section 46A-10A-51 - Publication of election notice.
Section 46A-10A-52 - Hours polls open--Costs of election.
Section 46A-10A-57 - Responsibilities for drainage projects.
Section 46A-10A-58 - Signatures required for board action on drainage project petition.
Section 46A-10A-59 - Contents of drainage project petition.
Section 46A-10A-60 - Presentation and filing of petition--Time for board action--Copy to department.
Section 46A-10A-64 - Assistance by department--Reimbursement of expenses.
Section 46A-10A-65 - Denial of petition or establishment of project--Findings required.
Section 46A-10A-66 - Assessments authorized--Expenses paid.
Section 46A-10A-67 - Acquisition of easements.
Section 46A-10A-68 - Damages due to project--Determination--Hearing--Appeal.
Section 46A-10A-69 - Naming project--Record of proceedings.
Section 46A-10A-70 - Permissible drainage of land.
Section 46A-10A-71 - Drains along or across highways.
Section 46A-10A-72 - Open ditches restricted along highways.
Section 46A-10A-73 - Drains along and across railroads--Costs.
Section 46A-10A-74 - Construction of drainage facilities across railroads--Costs.
Section 46A-10A-76 - Highway bridges and culverts--Construction--Maintenance--Modification--Costs.
Section 46A-10A-77 - Construction and contracting powers of board.
Section 46A-10A-78 - Maintenance and improvement of existing drains, watercourses, and levees.
Section 46A-10A-79 - Apportionment of original cost to annexed area when project extended.
Section 46A-10A-80 - Maintenance of drains--Assessment of costs.
Section 46A-10A-81 - Jurisdiction of improved existing drain--Maintenance--Assessments.
Section 46A-10A-82 - Maintenance without notice--Actions authorized.
Section 46A-10A-83 - Petition for repair or improvement of drain.
Section 46A-10A-84 - Repairs without contract--Cost reimbursement.
Section 46A-10A-85 - Replacing drain as repair.
Section 46A-10A-86 - Improvements--Survey and cost estimate--Ordering without notice.
Section 46A-10A-88 - Assessment of maintenance and improvement costs.
Section 46A-10A-89 - Maintenance and assessments for drainage work in more than one county.
Section 46A-10A-90 - Injury or obstruction of drainage as misdemeanor--Civil liability.
Section 46A-10A-92 - Abandonment of project--Procedure.
Section 46A-10A-94 - Accounts of expenditures maintained--Inspection.
Section 46A-10A-95 - Appeal by state as to public lands.
Section 46A-10A-96 - Stay of proceedings on appeal--Bond--Damages.
Section 46A-10A-97 - Costs on appeal.
Section 46A-10A-98 - Drainage district management by Board of Trustees.
Section 46A-10A-99 - Petition for election.
Section 46A-10A-100 - Election meeting--Appointments.
Section 46A-10A-101 - Publication of notice of election--Votes by proxy.
Section 46A-10A-103 - Voting rights of title holder.
Section 46A-10A-106 - Superintendent's responsibilities--Manner and purpose of elections.
Section 46A-10A-107 - Ballots and poll list--Ballot delivery.
Section 46A-10A-109 - Results of election to determine length of term.
Section 46A-10A-111 - Succeeding annual trustee elections.
Section 46A-10A-112 - Trustee qualifications.
Section 46A-10A-113 - Appointment to fill vacancy.
Section 46A-10A-114 - Compensation of trustees and clerk of board--Filing requirements.
Section 46A-10A-115 - Election of chair and clerk of board.
Section 46A-10A-116 - Powers and duties of board of trustees.
Section 46A-10A-117 - Costs and expenses--Levy.
Section 46A-10A-118 - Assessment on real property.
Section 46A-10A-119 - Tax--Tax fund.
Section 46A-10A-120 - Issuance of improvement certificates and drainage bonds.