46A-9-2. Definition of terms.
Terms used in this chapter mean:
(1)"Board," the board of directors of a district organized under this chapter;
(2)"City" or "town," a municipal corporation as classified in §§9-2-1 and 9-2-2. The term, city, also means a city organized under special territorial charter;
(3)"Landowner," any resident of South Dakota who is an owner of land in any county containing any proposed or existing water user district as evidenced by records in the office of the register of deeds or director of equalization. However, if land is sold under a contract for deed, which is of record in the office of the register of deeds or director of equalization, both the vendor and vendee shall be treated as landowners;
(4)"Project," any one of the works defined in this section, or any combination of such works which are physically connected or jointly managed and operated as a single unit;
(5)"Water Management Board," the state board created in §1-41-15;
(6)"Water user district" or " district," any district organized under this chapter, either as originally organized or as the district is reorganized, altered, or extended;
(7)"Works" and "system," all lands, property, rights, rights-of-way, easements, and franchises relating thereto and deemed necessary or convenient for their operation, and all water rights acquired or exercised by the board in connection with the works or system. The terms, works and system, include all means of conserving, controlling, and distributing water, including reservoirs, dams, feeder canals, diversion canals, distributing canals, lateral ditches, structures, pumping units, mains, pipelines, and waterworks systems. The terms include all such works for the conservation, development, storage above or under the ground, spreading, distribution, utilization, and drainage of water, including works for the purpose of irrigation, drainage, flood control, stock watering, and supplying water for public, domestic, industrial, and other uses. The terms include any plant or system for the collection, treatment, or disposal of wastewater, including sanitary sewers and sewage and sewage treatment plants and systems.
Source: SL 1939, ch 291, §2; SDC Supp 1960, §61.1302; SDCL, §46-16-2; SL 1974, ch 286, §2; SL 1975, ch 277, §1; SL 1976, ch 279; SL 1990, ch 363, §6; SL 2006, ch 226, §2; SL 2021, ch 1 (Ex. Ord. 21-3), §14, eff. Apr. 19, 2021.
Structure South Dakota Codified Laws
Chapter 09 - Water User Districts
Section 46A-9-1 - Purpose of chapter.
Section 46A-9-2 - Definition of terms.
Section 46A-9-3 - Organization--Actions by and against--Creation and incorporation.
Section 46A-9-5 - Lands included in district.
Section 46A-9-6 - Organization within territorial boundaries of another district.
Section 46A-9-7 - Directors--Election at large or from election divisions--Boundaries of divisions
Section 46A-9-8 - Grouping of directors elected at large--Term of office.
Section 46A-9-13 - Publication of petition for organization of district.
Section 46A-9-19 - Additional territory, inclusion in district.
Section 46A-9-22 - Publication of notice for extension of district--Filing of protest.
Section 46A-9-23.1 - Exclusion of lands from district--Grounds--Procedure.
Section 46A-9-23.2 - Notices of hearing on exclusion--Protests.
Section 46A-9-25 - Hour and place of election.
Section 46A-9-26 - Election of directors--Voting rights.
Section 46A-9-27 - Notice of election time, place, and purpose--Mailing or publication.
Section 46A-9-28 - Registration of voters--Conduct of election--Costs.
Section 46A-9-30 - Director to be landowner or entryman.
Section 46A-9-31 - Removal of members of board of directors from office--Grounds--Procedure.
Section 46A-9-33 - Reimbursement of expenses and compensation of board members.
Section 46A-9-35 - Bond of treasurer.
Section 46A-9-36 - Corporate powers of district vested in board of directors.
Section 46A-9-38 - Indemnification of directors, officers, employees, or agents of districts.
Section 46A-9-39 - Powers of district.
Section 46A-9-43 - Contracts with governmental agencies authorized for certain purposes.
Section 46A-9-44 - Extraterritorial powers of district.
Section 46A-9-46 - Eminent domain--Appraisement of private property or interest.
Section 46A-9-49 - Grants or loans--Gifts.
Section 46A-9-50 - Cooperation with United States in acquisition and disposition of property.
Section 46A-9-51 - Eminent domain laws applicable to irrigation districts apply.
Section 46A-9-52 - Contracts governed by public agency procurement law.
Section 46A-9-53 - Filing of plans and specifications--Advertisement for bids.
Section 46A-9-55 - Certain proposed works exempt from competitive bidding requirements.
Section 46A-9-58 - Refunding of district obligations.
Section 46A-9-61 - Prices, rates, and charges--Contracts.
Section 46A-9-67 - Deposit of funds--Payment of claims.
Section 46A-9-69 - Disposition of water supply works, drainage works, or wastewater systems.
Section 46A-9-73 - Dissolution of district--Special election--Notice--Conditions for dissolution.
Section 46A-9-74 - Dissolution complete upon resolution of board canvassing vote--Filing.
Section 46A-9-75 - Cancellation of applications for appropriation of water upon dissolution.
Section 46A-9-76 - Municipalities excepted from chapter--Contracts with district.
Section 46A-9-77 - Irrigation districts--Powers and functions unaffected by chapter.
Section 46A-9-78 - Retirement system--Participation.
Section 46A-9-79 - Appointment of water master.
Section 46A-9-80 - Duties of water master.
Section 46A-9-81 - Removal of water master.
Section 46A-9-82 - Grievance appeal.
Section 46A-9-83 - Water Management Board not affected.
Section 46A-9-84 - Group insurance for members of board of directors.