46A-5-26. Liability for negligence in delivering or failure to deliver water--Notice to district chair--Time for service of notice and action.
Every irrigation district within this state is liable in damages for negligence in delivering or failure to deliver water to the users from its canal to the same extent as private persons and corporations if the person suffering damage, within thirty days after such negligence or failure, serves a notice in writing on the chair of the board of directors of the district, setting forth the acts or omissions on the part of the district which it is claimed constitute such negligence or failure, and that the person expects to hold the district liable for whatever damages may result. Such action may be brought not later than one year from the time the cause of action accrues.
Source: SDC 1939, §61.0853; SDCL §46-13-26; SL 2011, ch 165, §389.
Structure South Dakota Codified Laws
Chapter 05 - Irrigation District Projects And Operations
Section 46A-5-2 - Resolution of board of directors--General plan of proposed operation, contents.
Section 46A-5-4.1 - Eligibility to vote in bond election.
Section 46A-5-6 - Location of line of canal and branches--Purchase or condemnation of property.
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-5-12 - Acquisition of property--Actions and proceedings by and against district.
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-5-17 - Bids unnecessary for contract with United States.
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-5-23 - Flow of water through ditches and canals at full capacity.
Section 46A-5-25 - Apportionment of water by board.
Section 46A-5-28 - Appropriation from district general fund for advertising.