46A-6-31. Special court proceeding to confirm contracts or assessments-- Procedure--Partial approval--Curing of defects.
The board of directors may, in connection with making any contract with the United States or others, levying any assessment, or taking any particular steps or action, commence a special proceeding in the circuit court, in and by which the proceedings of the district leading up to or including the making of any such contract, and the validity of any of the terms of the contract, the levying of any such assessment, or the taking of any particular steps or action, shall be judicially examined, approved, and confirmed or disapproved and disaffirmed. The practice and procedure for the confirmation of any step or action provided for shall conform as nearly as possible with the practice and procedure now provided for the confirmation before the issuance and sale of bonds of irrigation districts. The court may approve and confirm the proceedings in part and may disapprove and declare illegal or invalid other and subsequent parts of the proceedings. Insofar as possible, the court shall remedy and cure all defects in the proceedings.
Source: SDC 1939, §61.0812; SDCL §46-14-30; SL 2011, ch 165, §404.
Structure South Dakota Codified Laws
Chapter 06 - Irrigation District Contracts And Financing
Section 46A-6-1 - Unauthorized debts and liabilities prohibited.
Section 46A-6-2 - Contracts for supply of water to irrigate lands--Source of supply.
Section 46A-6-3 - Payment within one year of purchase price of water supply--Tax levy.
Section 46A-6-4.1 - Eligibility to vote on water supply contract.
Section 46A-6-10 - Prior supplemental contracts with United States validated.
Section 46A-6-15 - Covenants and agreements to protect security and payment of bonds.
Section 46A-6-19 - Payment of bonds and interest--Annual assessment upon real property of district.
Section 46A-6-30 - Compliance with federal and state laws--Rights of district to contract.
Section 46A-6-39 - Borrowing to make payments on federal contracts.
Section 46A-6-40 - Borrowing for unforeseen or unusual conditions in operation and maintenance.
Section 46A-6-41 - Maximum amount of loans--Payment.
Section 46A-6-41.1 - Borrowing funds from conservancy district--Pledge of district credit.
Section 46A-6-45 - Additional bonds of district--Priority.
Section 46A-6-47 - Claims against district--Allowance--Warrants for payment.