South Dakota Codified Laws
Chapter 10A - County Drainage
Section 46A-10A-95 - Appeal by state as to public lands.

South Dakota Codified Laws

Title 46A - Water Management

Chapter 10A - County Drainage

Section 46A-10A-1 - Definitions.

Section 46A-10A-2 - County drainage commission--Appointment--Filling vacancies--Majority required to act--Ex officio members.

Section 46A-10A-3 - Term and removal of members.

Section 46A-10A-4 - Meetings.

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-7.1 - Maintenance of correspondence file--Correspondence marked with date of receipt--Term of retention.

Section 46A-10A-8 - State Water Management Board, districts, and existing water rights unaffected--Effect on drainage districts.

Section 46A-10A-9 - Joint drainage efforts by counties.

Section 46A-10A-9.1 - Petition for assistance in development of intercounty drainage plan--Board defined.

Section 46A-10A-9.2 - Meeting to develop mutually acceptable joint county drainage activities.

Section 46A-10A-9.3 - Recommendation, notice, and hearing before Water Management Board--Cost of publication--Implementation.

Section 46A-10A-9.4 - Limitation on effectiveness of action required by Water Management Board.

Section 46A-10A-9.5 - Action required by board to be included in county drainage plan--Not subject to referendum procedure.

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-14 - Board to provide funds, equipment, and accommodations for county drainage activity.

Section 46A-10A-15 - Adoption of emergency drainage measures--Hearing--Notice--Limited term--Renewal.

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-24 - Filing and publication of board action on plan--Effective date of plan--Public inspection.

Section 46A-10A-25 - Petition for election on adoption of plan--Notice of election--Ballots--Suspension of effective date--Inconsistent drainage efforts prohibited.

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-28 - Approval required for rehabilitation or construction of drain covered by plan--Board review of commission decision.

Section 46A-10A-29 - Failure of commission to act as approval--Extension of period by board.

Section 46A-10A-30 - Permit system for drainage--Fee--Modification of drain or use of unrecorded right--Drainage without permit as misdemeanor--Civil penalty.

Section 46A-10A-31 - Recording existing drainage rights--Information required--Disputing rights--Appeals--Recording final decision.

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-35 - Appeals from commission and board--Time allowed--Commencing action in circuit court.

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-38 - Petition by landowner for change of drainage restrictions--Notice to directly affected persons.

Section 46A-10A-39 - Hearing on petition--Commission recommendation to board.

Section 46A-10A-40 - Affected person's right to be heard--Resolution adopting or rejecting proposal--Review, publication, and effective date of adoption--Election.

Section 46A-10A-41 - Drainage plan or official controls for municipality--Approval or contract by municipality required for effectiveness.

Section 46A-10A-42 - Jurisdiction of incorporated municipality.

Section 46A-10A-43 - Drainage district continuation and dissolution--County plan to include districts, vested rights and plans or projects of local government units and coordinated drainage areas.

Section 46A-10A-43.1 - Petition for future maintenance of drain jointly and voluntarily maintained by landowners within ten years of July 1, 1985.

Section 46A-10A-43.2 - Signing of petition--Contents.

Section 46A-10A-43.3 - Presentation of petition--Filing--Transmittal to Department of Agriculture and Natural Resources--Hearing.

Section 46A-10A-43.4 - Opportunity to appear at hearing--When granted--Resolution by board as to maintenance of drain.

Section 46A-10A-44 - Recommendation that state's attorney seek injunction or other court action to prevent or abate violation.

Section 46A-10A-45 - Mandamus proceedings authorized.

Section 46A-10A-46 - Control of drainage construction, rehabilitation, or methods--Approval of board.

Section 46A-10A-47 - Coordinated drainage area--Application for establishment--Inconsistency with county plan or controls barring formation--Validity of information in county in process of adopting plan or controls.

Section 46A-10A-48 - Survey and map of proposed coordinated drainage area required--Availability for examination.

Section 46A-10A-49 - Form, verification, signatures, filing, and presentation of application for establishment of area.

Section 46A-10A-50 - Order establishing area subject to voters' approval--Notice of election--Exemption from election requirement.

Section 46A-10A-51 - Publication of election notice.

Section 46A-10A-52 - Hours polls open--Costs of election.

Section 46A-10A-53 - Establishment of area effective on voters' approval--Waiting period after rejection by voters.

Section 46A-10A-54 - Appointment and duties of election officers--Order declaring area established--Conclusiveness of order.

Section 46A-10A-55 - Expenditure of county funds for application for coordinated drainage area--Assessment of costs from benefiting landowners.

Section 46A-10A-56 - Public lands subject to drainage laws--Service of notices--Appearance by board or officer in charge.

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-61 - Survey and report contracted by board--Contents--Right of entry--Copy to department.

Section 46A-10A-62 - Survey report to be written--Inspection--Scheduling hearing--Notice requirements.

Section 46A-10A-63 - Appearances at hearing--Establishment of project--Variation from report--Adjournment of hearing--Notices.

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-75 - Construction contracts--Bids--Preference of landowners--Bond of contractor--Construction without contract.

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-87 - Improvements requiring notice and hearing--Reclassification of benefits--Appeal.

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-91 - Drain or watercourse constructed to prevent entry of water as nuisance--Exception.

Section 46A-10A-92 - Abandonment of project--Procedure.

Section 46A-10A-93 - Approval required to alter drainage rights established with federal or state funds.

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-102 - Election board to procure district records preceding election--Elected trustees to act as record custodians--Updates to district records.

Section 46A-10A-103 - Voting rights of title holder.

Section 46A-10A-104 - Landowner or joint landowners entitled to one vote collectively--Voting rights of minor or protected person.

Section 46A-10A-105 - Voting through agent or proxy--Power of attorney to specify election for which it is used--Delivery of power of attorney.

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-108 - Vote count--Determination of election results--Election materials to be retained for sixty days.

Section 46A-10A-109 - Results of election to determine length of term.

Section 46A-10A-110 - Trustees to appoint superintendent and clerks for subsequent election board--Determination of compensation of election board.

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.

Section 46A-10A-121 - Record of official acts and proceedings--Filing of financial report--Examination of report.

Section 46A-10A-122 - Grievances--Mediation.

Section 46A-10A-123 - Special election--Notice.