South Dakota Codified Laws
Chapter 05 - Irrigation District Projects And Operations
Section 46A-5-23 - Flow of water through ditches and canals at full capacity.

46A-5-23. Flow of water through ditches and canals at full capacity.
The board of directors shall keep the water flowing through the ditches and canals under its control to the full capacity of the ditches and canals in times of high water and when the water can be beneficially applied to the lands thereunder and does not interfere with the rights of other appropriators.

Source: SDC 1939, §61.0927; SDCL §46-13-23; SL 2011, ch 165, §387.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 46A - Water Management

Chapter 05 - Irrigation District Projects And Operations

Section 46A-5-1 - Use of water and property for irrigation of lands--Public use--Regulation and control by state.

Section 46A-5-2 - Resolution of board of directors--General plan of proposed operation, contents.

Section 46A-5-3 - Determination of construction costs by board of directors--Examinations and surveys--Surveys, maps, plans, and estimates, certification by irrigation engineer.

Section 46A-5-4 - Determination of funds required--Authorization, issuance, and sale of bonds--Election--Amount of bonds.

Section 46A-5-4.1 - Eligibility to vote in bond election.

Section 46A-5-5 - Contract with United States for construction, operation, and maintenance of works--Bonds not deposited in connection therewith, issuance unnecessary--Issuance of bonds for funds in addition to amount of federal contract.

Section 46A-5-6 - Location of line of canal and branches--Purchase or condemnation of property.

Section 46A-5-7 - Construction of works for collection and distribution of water--Furnishing of water for irrigation.

Section 46A-5-8 - Right-of-way for laterals--Duties of board of directors--Eminent domain.

Section 46A-5-9 - Right-of-way for works for collection of water over state lands and waters.

Section 46A-5-10 - Construction of works across streams, watercourses, highways, and railways.

Section 46A-5-11 - Property acquired for project--Title vested in district--Management by board of directors.

Section 46A-5-12 - Acquisition of property--Actions and proceedings by and against district.

Section 46A-5-13 - Adoption of plan of works--Notice of plan and call for bids--Publication--Contents.

Section 46A-5-14 - Contractor's bond--Sureties--Approval by board of directors--Terms.

Section 46A-5-15 - Work done under engineer--Approval by board of directors.

Section 46A-5-16 - Contracts for material--Lowest responsible bidder--Security for bid, amount, forfeiture.

Section 46A-5-17 - Bids unnecessary for contract with United States.

Section 46A-5-18 - Contracts with United States concerning federal reclamation acts and water supply.

Section 46A-5-19 - Deposit of district bonds as security for federal contract.

Section 46A-5-20 - District bonds not deposited as security for federal contract.

Section 46A-5-21 - District appointment as fiscal agent of United States--Collection of money for federal reclamation projects.

Section 46A-5-23 - Flow of water through ditches and canals at full capacity.

Section 46A-5-24 - Measuring devices, placement--System for interchange of water--Duties of board of directors.

Section 46A-5-25 - Apportionment of water by board.

Section 46A-5-26 - Liability for negligence in delivering or failure to deliver water--Notice to district chair--Time for service of notice and action.

Section 46A-5-27 - Diversion of water from channel unauthorized without payment of just compensation.

Section 46A-5-28 - Appropriation from district general fund for advertising.

Section 46A-5-29 - General fund of district--Appropriation by board of directors for support of county fair, maximum amount.

Section 46A-5-31 - Contract to supply water to users for nonirrigation purposes--Authority of district to enter.