South Dakota Codified Laws
Chapter 14 - Watershed Districts
Section 46A-14-86 - Public hearing--Publication of notice.

46A-14-86. Public hearing--Publication of notice.
Before action by the State Conservation Commission as provided in §46A-14-85, a public hearing open to all eligible voters in the watershed district shall be held by the commission to determine public feeling within the district. The district board may conduct an informal vote to determine voter opinion on dissolution if the board feels a vote is necessary. Notice of the meeting shall be published by the watershed district board in the major newspaper in the district at least once a week for at least two weeks before the meeting.

Source: SL 1980, ch 312, §6; SDCL Supp, §46-24-82.3; SL 2013, ch 228, §57.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 46A - Water Management

Chapter 14 - Watershed Districts

Section 46A-14-1 - Purpose of chapter--Construction and administration.

Section 46A-14-2 - Definition of terms.

Section 46A-14-4 - Conservation purposes supporting establishment.

Section 46A-14-4.1 - Functions and duties of commission.

Section 46A-14-5 - Initiating petition for establishment--Filing--Signatures required.

Section 46A-14-6 - Boundaries of district--Contiguous land ownerships.

Section 46A-14-7 - Inclusion of municipality.

Section 46A-14-8 - Initiating petition--Contents.

Section 46A-14-11 - Duties of supervisors on receipt of initiating petition.

Section 46A-14-13 - Time and place for hearing on initiating petition--Publication of notice--Contents.

Section 46A-14-14 - Hearing by conservation district on petition--Right of interested persons to be heard.

Section 46A-14-15 - Determination that public interest would be served by creation of district--Election on question.

Section 46A-14-15.1 - Eligible voter defined.

Section 46A-14-16 - Referendum unnecessary where petition signed by sixty percent of eligible voters.

Section 46A-14-26 - Organization to proceed on sixty percent favorable vote--New proposal permitted on defeat.

Section 46A-14-28 - Name of district--Perpetual existence--Findings and order--Political subdivision.

Section 46A-14-30 - Boundaries--Minor adjustments by managers without referendum--Exception.

Section 46A-14-31 - Annexation of additional areas to watershed district--Procedure.

Section 46A-14-32 - Combining of two or more watershed districts into one district--Procedure.

Section 46A-14-33 - Abolishment of original watershed district upon combining districts or annexing additional territory--Certification to secretary of state.

Section 46A-14-34 - Powers of district.

Section 46A-14-35 - Oath of office of managers--Filing with conservation district.

Section 46A-14-36 - Officers--Records--Transaction of district's business.

Section 46A-14-37 - Annual election of managers--Terms of office.

Section 46A-14-38 - Candidates for board of managers--Filing of application--Qualifications.

Section 46A-14-39 - Vacancies on board--Appointments--Terms of office.

Section 46A-14-39.1 - Watershed district--Reactivation--Hearing.

Section 46A-14-39.2 - Reactivated watershed district--Implementation of new tax levy.

Section 46A-14-40 - Advisory committee--Appointment by board of managers--Number of members--Duties.

Section 46A-14-41 - Appointment of personnel--Performance bond.

Section 46A-14-42 - Compensation of board members--Limitation.

Section 46A-14-43 - Duties of board of managers--Adoption of seal--Record of business transacted--Bylaws and regulations, adoption--Meetings, notice.

Section 46A-14-43.1 - District bylaws may be proposed by petition--Approval by board and special election.

Section 46A-14-45 - Vested water rights--Exclusion from operation of chapter.

Section 46A-14-46 - Vested drainage rights--Exclusion from operation of chapter.

Section 46A-14-47 - General improvement plan--Consultation with advisory committee and supervisors of conservation districts--Contents--Steering committee preparation of preliminary plan.

Section 46A-14-48 - Determination of priority of specific projects--Surveys of work--Estimates--Reports of engineer, filing, public inspection.

Section 46A-14-51 - Examination of and hearings on plans--Resolution as to payment of costs by general tax levy, special assessment, or improvement bonds--List of benefited lands and owners.

Section 46A-14-53 - Contract with conservation districts for funding.

Section 46A-14-54 - Publication of resolution and notice of hearing--Apportionment of benefits.

Section 46A-14-55 - Hearing and referendum on financing arrangements.

Section 46A-14-56 - Referendum on financing arrangements--Eligibility to vote--Counting of votes.

Section 46A-14-57 - Annual payments by municipality to district in lieu of tax or special assessment levies--Favorable vote by voters of municipality required.

Section 46A-14-58 - Resolution approving tax or assessment levy--Detailed reports.

Section 46A-14-59 - Assessed valuation for district tax purposes--Limitation on land taxed.

Section 46A-14-60 - Annual general tax levy against land and buildings--Maximum amount.

Section 46A-14-61 - Taxes collected by county officials--Delivery to district secretary-treasurer.

Section 46A-14-62 - Interested party aggrieved by apportionment of benefits or levy of taxes and assessments--Appeal, procedure.

Section 46A-14-63 - No-fund warrants to pay district obligations--Limitation on amounts.

Section 46A-14-64 - Long-term financing arrangement authorized by voters--Notice to landowners--Suit to set aside--Collection.

Section 46A-14-65 - Amended or supplemental general plan of improvements--Special election on additional taxes or special assessments.

Section 46A-14-66 - Annual maintenance of watershed project--Project schedule--Budgets.

Section 46A-14-67 - Annual operation and maintenance budget, provisions--Reserve fund.

Section 46A-14-69 - Budgeted operation and maintenance expense--Inclusion in tax assessment list.

Section 46A-14-70 - Budget--Operations and budget report--Publication--Hearing--Certification and collection of taxes and assessments.

Section 46A-14-71 - Contributions by board of county commissioners to watershed district supplies, labor, and equipment.

Section 46A-14-72 - Acquisition of real estate or easement therein by watershed district--Purchase--Condemnation, appraisal of premises involved.

Section 46A-14-73 - Contracts between district and others--Purposes--Referendum by voters where contract will require increased taxes or assessments.

Section 46A-14-74 - Funds of district--Deposit by secretary-treasurer in approved depository--Warrants.

Section 46A-14-75 - Claims against district--Payment by warrant or order--Registration.

Section 46A-14-76 - Services performed by county officials and Board of Water and Natural Resources free of charge.

Section 46A-14-77 - Annual reports of district engineer, secretary, and managers.

Section 46A-14-80 - Operation of watershed district, investigation by board--Hearings, order to correct detrimental operation--Enforcement of order by injunction.

Section 46A-14-81 - Dissolution of district where federal watershed project not certified infeasible--Special election--Notice--Ballots.

Section 46A-14-82 - Dissolution of district--Federal project not certified infeasible--Special election--Percent required to dissolve--Notice to creditors--Auction--Proration of funds remaining.

Section 46A-14-83 - Dissolution of district--Federal project not certified infeasible--Proposal defeated, three years before another vote on question.

Section 46A-14-84 - Request that federal project be certified infeasible.

Section 46A-14-85 - Dissolution of district where federal watershed project certified infeasible.

Section 46A-14-86 - Public hearing--Publication of notice.

Section 46A-14-87 - State Conservation Commission determination on proposed dissolution.

Section 46A-14-88 - Effective date of dissolution.

Section 46A-14-89 - Division and apportionment of funds and assets of dissolved district.

Section 46A-14-91 - Vested rights protected.