South Dakota Codified Laws
Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts
Section 46A-4-3 - Petition to organize irrigation district--Number of signers--Boundaries to be described--Request for organization.

South Dakota Codified Laws

Title 46A - Water Management

Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts

Section 46A-4-1 - Creation of irrigation district--Filing petition--Number of electors required.

Section 46A-4-2 - Elector defined.

Section 46A-4-3 - Petition to organize irrigation district--Number of signers--Boundaries to be described--Request for organization.

Section 46A-4-3.1 - Petition--Signing by electors--Form--Affidavit of circulator.

Section 46A-4-4 - Petition for formation of irrigation district--Map of proposed district to accompany, contents.

Section 46A-4-4.1 - Notice of hearing to consider petition--Publication--Contents--Approval of petition--Fixing date for election.

Section 46A-4-8 - Inclusion in irrigation district of lands capable of being irrigated from works in proposed district.

Section 46A-4-9 - Ditches or canals constructed before July 1, 1917, and lands watered by them--Exemption--Rights of ditches already constructed.

Section 46A-4-10 - Holding or taxing nonirrigable land for irrigation purposes.

Section 46A-4-12 - Change in proposed boundaries by board--Exclusion of certain lands from district.

Section 46A-4-14 - District divided into divisions by board--Size and number--Election of directors--Terms--Assessment of property within district.

Section 46A-4-14.1 - Division representing tribal or trust lands--Excepted from chapter.

Section 46A-4-15 - Notice of election on proposed district--Date of election--Contents of notice--Publication--Ballot form.

Section 46A-4-17 - Persons qualified to vote at elections.

Section 46A-4-18 - Corporate ownership of lands within proposed or existing irrigation districts--Designation of agent to vote in behalf of elections for organization of district.

Section 46A-4-19 - Election procedure--Applicability of general laws--Resolution declaring district organized--District as political subdivision.

Section 46A-4-20 - Resolution declaring district organized--Filing for record.

Section 46A-4-21 - Election of director for each division.

Section 46A-4-22 - Unentered public lands a major portion of district--Appointment of majority of directors by secretary of interior--Term of office.

Section 46A-4-23 - Directors elected at large as a result of appointment of majority of directors by secretary of interior--Term of office.

Section 46A-4-24 - Directors elected at election to establish district--Terms of office--Tie election, procedure.

Section 46A-4-25 - Annual election of directors--Nomination--Election by receiving highest number of votes.

Section 46A-4-26 - Hours of voting.

Section 46A-4-27 - Directors to be electors of division--Residence.

Section 46A-4-27.1 - Transmittal of election results.

Section 46A-4-28 - Nominating petition for directors--Filing--Form--Signers.

Section 46A-4-30 - Election not required where no question or contest--Retention of office by incumbent.

Section 46A-4-31 - Notices of election after organization of district--Publication and posting.

Section 46A-4-32 - Elections after district organized and first set of directors elected--Voting by mail.

Section 46A-4-33 - Precinct election officers--Appointment by board of directors or electors.

Section 46A-4-34 - Chair of election board--Oaths.

Section 46A-4-35 - Precinct election boards--Oaths of members, administration, and certification.

Section 46A-4-36 - Canvass of votes by board--Time and place.

Section 46A-4-37 - Declaration of election results--Certificate of election.

Section 46A-4-38 - Statement of election results--Filing--Contents.

Section 46A-4-39 - Vacancy in office of board of directors--Filling--District treasurer appointed by board.

Section 46A-4-40 - Elected directors--Qualifying--Term of office--Time for assumption of duties.

Section 46A-4-41 - Directors' and officers' oath of office--Official bonds.

Section 46A-4-42 - District appointed fiscal agent of United States to collect money for federal reclamation project--Additional bond required--Right to sue on bond.

Section 46A-4-43 - Bond of officers and directors--Form--Obligee--Cost of surety bonds, payment by the district.

Section 46A-4-44 - Organization meeting of board of directors--Election of president and vice-president--Appointment of secretary.

Section 46A-4-45 - Meetings of directors--Special meetings--Open to public--Quorum--Vote required for action.

Section 46A-4-46 - Records of board of directors open for inspection--Publication of statement of proceedings--Filing of list of expenditures.

Section 46A-4-47 - Compensation of district directors--Payment from district fund.

Section 46A-4-48 - Powers and duties of board of directors of district--Distribution and printing of bylaws and procedures--Water rights appurtenant to land.

Section 46A-4-49 - Interest in contract of district or acceptance of bribe by director or officer as felony.

Section 46A-4-50 - Change of irrigation district boundaries--Exclusion of land within boundaries.

Section 46A-4-51 - Common school and endowment irrigable lands within district--Sale--Inclusion in district.

Section 46A-4-52 - Assent of secretary of interior necessary for change in boundaries of district contracting with United States.

Section 46A-4-53 - Petition for inclusion of tract of land within boundaries of irrigation district--Contents.

Section 46A-4-54 - Participation by conservators and personal representatives of estates.

Section 46A-4-55 - Change of boundaries of irrigation district--Notice of filing of petition, contents--Time and place of hearing by board of directors--Cost of proceedings, advancement by petitioners.

Section 46A-4-56 - Hearing on petition to change boundaries--Adjournment--Assent to change.

Section 46A-4-57 - Rejection of petition to change boundaries--Resolution of board--Contents.

Section 46A-4-58 - Land not included in irrigation district unless owner or lessee obligated to pay assessments or charges.

Section 46A-4-59 - Payment by petitioners of share of original district assessments as condition for granting petition.

Section 46A-4-60 - Board order for election on filing of protests--Publication of notice--Ballots--Boundary descriptions.

Section 46A-4-61 - Order of board in conformity with election results on boundary change.

Section 46A-4-62 - Filing and recording of order changing boundaries--Effect of change.

Section 46A-4-63 - Petition for change of boundaries of irrigation district--Recording in minutes of board of directors, admissibility as evidence.

Section 46A-4-64 - Redivision of district following inclusion of land--Election precincts.

Section 46A-4-65 - Exclusion of contiguous tracts of land from district--Petition--Contents.

Section 46A-4-66 - Notice of petition to exclude land--Publication--Contents--Time for hearing.

Section 46A-4-67 - Hearing on petition to exclude land--Assent of interested persons.

Section 46A-4-68 - Resolution for exclusion of land when bonds or federal contract outstanding--Bondholders' or federal assent required--Assent waived by terms of bond issue.

Section 46A-4-69 - Grant or denial of petition to exclude land from district--Best interests of district--Conditions for exclusion.

Section 46A-4-70 - Election ordered on exclusion after objections filed--Publication of notice--Contents--Conduct of election.

Section 46A-4-71 - Majority vote against exclusion, denial and dismissal of petition--Majority vote in favor of exclusion, order of board of directors excluding land from irrigation district, contents.

Section 46A-4-72 - Order excluding land from irrigation district--Entry in minutes of board of directors--Filing and recording--Effect of order.

Section 46A-4-73 - Exclusion of land from irrigation district--Refunding of assessments.

Section 46A-4-74 - Exclusion of land from irrigation district--Effect of change on office of director.

Section 46A-4-75 - Exclusion of land from irrigation district--Redivision of district by board of directors--Election precincts, establishment, change from time to time.

Section 46A-4-76 - Resolution to exclude unproductive lands from district--Reasons--Service on owners and residents--Publication of notice.

Section 46A-4-77 - Hearing on exclusion of unproductive lands--Time and place--Objections--Failure to object deemed consent--Rescission of resolution or adoption of second exclusion resolution.

Section 46A-4-78 - Motion to reconsider exclusion of unproductive lands--Time--Appeal to circuit court--Contents--Trial--Filing of final resolution.

Section 46A-4-79 - Rearrangement or reapportionment of district divisions upon exclusion of lands--Effects of exclusion--Procedural defects--Resolutions and bylaws.

Section 46A-4-80 - Subirrigated land--Relief from district assessments--Recording of suspension order.

Section 46A-4-81 - Dissolution of district--Petition by majority of assessment payers--Calling of election by board--Notice of election.

Section 46A-4-82 - Dissolution of district contracting with United States--Assent of secretary of interior--Recording.

Section 46A-4-83 - Election ballots on dissolution of district--Form and contents--Conduct of election.

Section 46A-4-84 - Certification of election returns and ballots--Canvass of returns--Declaration of result--Recording.

Section 46A-4-85 - Vote against dissolution precludes another election during year.

Section 46A-4-86 - Majority vote for dissolution of irrigation district--Notice by board of directors to creditors of district--Settlement of claims.

Section 46A-4-87 - Raising of money to pay debts--Valuation of property by appraisers--Appointment--Report.

Section 46A-4-88 - Sale of property by board of directors--Advertisement--Notice of sale--Consideration of bids of purchasers by board of directors.

Section 46A-4-89 - Rejection of bids for purchase of property--Private negotiations for sale--Deferred payments--Lien--Foreclosure.

Section 46A-4-90 - Additional security for deferred payments--Collection.

Section 46A-4-91 - Bonds and obligations of district--Redemption after sale of property on dissolution of district.

Section 46A-4-92 - Payment of outstanding obligations with proceeds of property sales--Prices paid.

Section 46A-4-93 - Proceeds of sale of property on dissolution of irrigation district insufficient to pay debts--Assessments against lands in the district.

Section 46A-4-94 - Disposal of property--Payment of obligations--Report of board--Filing and recording--Contents--Time for action on unpaid claim.

Section 46A-4-95 - Validation of previously created irrigation districts.