South Dakota Codified Laws
Chapter 09 - Water User Districts
Section 46A-9-42 - Transfer of obligations of nonprofit rural water supplier or wastewater system operator to water user district, sanitary district, or municipality--Majority vote of district.

46A-9-42. Transfer of obligations of nonprofit rural water supplier or wastewater system operator to water user district, sanitary district, or municipality--Majority vote of district.
Any nonprofit corporation, cooperative, or association engaged in the treatment, distribution, or sale of water or the collection, treatment, or disposal of wastewater to a rural area may, by majority vote of the membership voting in an election on the question, transfer all of its assets, liabilities, contracts, and other obligations to a water user district as defined in §46A-9-2, sanitary district authorized to operate a water system under §34A-5-41, or a municipality. No such action may be taken unless approved by majority vote of the water user district or sanitary district membership voting in an election on the action.

Source: SL 1974, ch 285; SL 1977, ch 368; SL 1982, ch 312, §2; SDCL Supp, §46-16-40.1; SL 2006, ch 226, §5.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 46A - Water Management

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-9-4 - Petition for organization of district--Filing with and approval by board--Contents.

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-9-9 - Petition for organization of district--Number of signatures required--Name, post office address, and location of land of petitioner.

Section 46A-9-10 - Instruments constituting petition for organization of district--Affidavit of circulator as to signatures on each sheet--Form.

Section 46A-9-11 - Maps, plans and estimates accompanying petition for organization of district--Location of lands within proposed district.

Section 46A-9-12 - Examination of petition by Department of Water and Natural Resources to determine compliance with law--Noncompliance with law, dismissal of petition.

Section 46A-9-13 - Publication of petition for organization of district.

Section 46A-9-14 - Protest against organization of district--Right to file with Board of Water and Natural Resources--Determination of validity by board.

Section 46A-9-15 - Investigation of proposed district and works by Board of Water and Natural Resources--Costs.

Section 46A-9-16 - Declaration of feasibility of proposed project and conformance to public convenience--Dismissal of petition or certificate of feasibility--Filing of certificate--District as public corporation.

Section 46A-9-17 - Validation of prior districts and boundaries--Validation of prior proceedings, bonds, and contracts.

Section 46A-9-18 - Board of directors--Qualification upon filing certificate of organization--Vacancy created by failure to qualify--First meeting.

Section 46A-9-19 - Additional territory, inclusion in district.

Section 46A-9-20 - Extension of district--Petition to include additional territory--Contents--Filing.

Section 46A-9-21 - Petition for expansion of district--Map showing location of lands to be included to accompany--Plans and estimates.

Section 46A-9-22 - Publication of notice for extension of district--Filing of protest.

Section 46A-9-23 - Action by Board of Water and Natural Resources on petition for extension of district--Certificate of approval--Filing--Effect.

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-9-24 - Members of board of directors succeeding original board--Nomination and election--Term of office.

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-9-29 - Candidate to fill vacancy or succeed an outgoing director--Vote necessary for election.

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-9-32 - Vacancies on board of directors--Declaration of existence--Filling--Member elected to fill, term of office.

Section 46A-9-33 - Reimbursement of expenses and compensation of board members.

Section 46A-9-34 - Officers--Election by board of directors--Appointment of executive committee and other employees.

Section 46A-9-35 - Bond of treasurer.

Section 46A-9-36 - Corporate powers of district vested in board of directors.

Section 46A-9-37 - Bylaws and procedures--Adoption by board of directors--Minutes of meetings--Records of account, kept at principal place of business, open to public inspection.

Section 46A-9-38 - Indemnification of directors, officers, employees, or agents of districts.

Section 46A-9-39 - Powers of district.

Section 46A-9-40 - Powers of corporation for public purposes--Acquisition and disposition of property.

Section 46A-9-41 - Acquisition, management, use, and operation of works and property--Disposition of works.

Section 46A-9-42 - Transfer of obligations of nonprofit rural water supplier or wastewater system operator to water user district, sanitary district, or municipality--Majority vote of district.

Section 46A-9-43 - Contracts with governmental agencies authorized for certain purposes.

Section 46A-9-44 - Extraterritorial powers of district.

Section 46A-9-45 - Appropriation of waters of state by district--Interference with existing water rights forbidden.

Section 46A-9-46 - Eminent domain--Appraisement of private property or interest.

Section 46A-9-46.1 - Municipal approval of location of wastewater plant or system--Exception for existing plant or system.

Section 46A-9-47 - District has no power to tax or levy assessments--Others have no liability for district indebtedness or obligations.

Section 46A-9-48 - Costs of operation of district--Contract for payment of rent or charge for water storage or water supply.

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-9-54 - Contracts for proposed construction work--Employment of citizens of state--Bond of contractor.

Section 46A-9-55 - Certain proposed works exempt from competitive bidding requirements.

Section 46A-9-56 - Borrowing power of district--Sources from which obligations payable--Authorization, issuance, and sale of bonds.

Section 46A-9-57 - District obligations--Pledge of revenue for payment--Collateral security for loan.

Section 46A-9-58 - Refunding of district obligations.

Section 46A-9-59 - Revenues of district--Payment into special fund--Collection and disposition of special fund, terms, and conditions.

Section 46A-9-60 - Agreement between directors and holders of district obligations as to charges for water, sewage disposal, or other services.

Section 46A-9-61 - Prices, rates, and charges--Contracts.

Section 46A-9-62 - Default in payment of money specified in agreement--Termination of contract--Right to recovery not affected by discontinuation of services.

Section 46A-9-63 - Funds of district--Creation by board of directors--Identification--Separate accounts.

Section 46A-9-65 - Water or wastewater fund--Credit of revenue of works and operations--Payment of operation and maintenance costs.

Section 46A-9-66 - Debt service fund--Transfer of balance from water fund--Moneys pledged for payment of evidences of indebtedness.

Section 46A-9-67 - Deposit of funds--Payment of claims.

Section 46A-9-68 - Fiscal year--Audit of financial affairs by board of directors, filing of written report.

Section 46A-9-69 - Disposition of water supply works, drainage works, or wastewater systems.

Section 46A-9-70 - Sale of unneeded works--Submission of question to Board of Water and Natural Resources--Special election--Notice--Majority vote authorizes sale.

Section 46A-9-71 - Mortgage or hypothecation of property to secure payment of loans from governmental agencies.

Section 46A-9-72 - Mortgage or trust deed to secure payment of borrowed money--Foreclosure upon default and appointment of receiver.

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.