46A-9-4. Petition for organization of district--Filing with and approval by board--Contents.
A water user district may be organized under the provisions of this chapter by filing in the Department of Agriculture and Natural Resources a petition in compliance with the requirements set forth in this section, and the approval of the petition by the Board of Water and Natural Resources as provided in this chapter. The petition shall be addressed to the Board of Water and Natural Resources and shall state in substance that it is the intent and purpose of the petitioners to create a district under the provisions of this chapter, subject to approval by the board. The petition shall contain:
(1)The name of the proposed district;
(2)The object and purpose of the system proposed to be constructed or acquired, together with a general description of the nature, location, and method of operation of the proposed works;
(3)A description of the lands constituting the proposed district and of the boundaries of the proposed district, and the names of any municipalities included partly or wholly within the boundaries of the proposed district;
(4)The location of the principal place of business of the proposed district;
(5)A statement that the proposed district does not have the power to levy taxes or assessments;
(6)The number of members of the board of directors of the proposed district, which may not be less than five nor more than thirteen, a statement as to whether the directors shall be elected at large or shall be apportioned to election divisions and elected by the voters of the election divisions, the names and addresses of the members who shall serve until their successors are elected and qualified as provided in this chapter, and if election divisions are provided for, the respective divisions which the directors are to represent. The persons named in the petition as directors shall be owners of land or entrymen within the district, and, if election divisions are provided for, they shall be owners of land or entrymen within the respective divisions they are to represent.
Source: SL 1939, ch 291, §4; SL 1943, ch 310; SDC Supp 1960, §61.1304 (1); SDCL §46-16-4; SL 1974, ch 286, §3; SL 1992, ch 60, §2; SL 2011, ch 165, §465; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, 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.