South Dakota Codified Laws
Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts
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.

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.
If there are outstanding bonds of the district or if the district has entered into a contract with the United States as provided in chapters 46A-5 and 46A-6, the board of directors may adopt a resolution to the effect that the board deems it to be for the best interests of the district that the lands mentioned in the petition, or some portion of the lands, should be excluded from the district. The resolution shall describe the lands so that the boundaries of the lands can be readily traced. The holders of any such outstanding bonds may give their consent in writing to the effect that they severally consent that the board may make an order by which the lands mentioned in the resolution may be excluded from the district. If any contract has been made with the United States, the secretary of the interior may assent to the change. The assent may be acknowledged by the holders of the bonds in the same manner and form as required in case of a conveyance of land, except the assent of the secretary of the interior need not be acknowledged. The assent shall be filed with the board and shall be recorded in the minutes of the board. The minutes, or a certified copy of the minutes, are admissible in evidence with the same effect as the assent; but if the assent of the bondholders, and in case of any contract with the United States the assent of the secretary of the interior, is not filed, the board shall deny and dismiss the petition. However, if the resolution authorizing the issuance of the outstanding bonds explicitly provides that no bondholder assent is required for the exclusion of lands from the district or if the resolution provides that the bondholder assent is required only under certain specified conditions, then the terms of the resolution shall prevail and no bondholder assent need be obtained as provided in this section.

Source: SDC 1939, §61.0834; SDCL §46-12-67; SL 1976, ch 277, §3; SL 2011, ch 165, §363.

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Structure South Dakota Codified Laws

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.