South Dakota Codified Laws
Chapter 09 - Water User Districts
Section 46A-9-46.1 - Municipal approval of location of wastewater plant or system--Exception for existing plant or system.

46A-9-46.1. Municipal approval of location of wastewater plant or system--Exception for existing plant or system.
No portion of any plant or system that is operated by a water user district for the collection, treatment, or disposal of wastewater, including sanitary sewers and sewage and sewage treatment plants and systems, may be located within a zone that extends ten miles outward from the corporate limits of any municipality without the approval of the municipality. However, if the ten-mile zones of more than one municipality overlap, the jurisdiction of each municipality over any such plant or system terminates at a boundary line equidistant from the respective corporate limits of the municipalities; and the water user district shall obtain the approval of each municipality that would have jurisdiction over any portion of the plant or system to be operated by the water user district. The restrictions provided in this section do not apply to any portion of any such plant or system if the portion was in existence on July 1, 2006 or if the portion predates any expansion by a municipality that would otherwise cause the plant or system to be in violation of this section.

Source: SL 2006, ch 226, §7.

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.