South Dakota Codified Laws
Title 46A - Water Management

Chapter 01 - State Water Resources Management

Section 46A-1-1 - Legislative findings and policy. - 46A-1-1. Legislative findings and policy. The general health, welfare, and...

Section 46A-1-2 - Legislative purpose for state water plan--Composition of plan. - 46A-1-2. Legislative purpose for state water plan--Composition of plan. It...

Section 46A-1-2.1 - Legislative finding--Preferred, priority objectives. - 46A-1-2.1. Legislative finding--Preferred, priority objectives. The Legislature finds that the...

Section 46A-1-3 - Definition of terms. - 46A-1-3. Definition of terms. Terms as used in this chapter,...

Section 46A-1-4 - Water rights not affected by chapter. - 46A-1-4. Water rights not affected by chapter. The enactment of...

Section 46A-1-7 - Establishment of state policy on water facilities--Recommended comments on federal policy. - 46A-1-7. Establishment of state policy on water facilities--Recommended comments on...

Section 46A-1-8 - Resolution of conflicting interests. - 46A-1-8. Resolution of conflicting interests. The objectives and purposes to...

Section 46A-1-10 - Recommendations to Governor and Legislature as to facilities needed in water resources management system. - 46A-1-10. Recommendations to Governor and Legislature as to facilities needed...

Section 46A-1-11 - Estimates of costs and revenues from proposed water facilities--Requests for legislative authorization of construction. - 46A-1-11. Estimates of costs and revenues from proposed water facilities--Requests...

Section 46A-1-12 - Allocation of benefits and costs among governmental and private interests--Determination of priorities. - 46A-1-12. Allocation of benefits and costs among governmental and private...

Section 46A-1-13 - Presentation of cost data to Governor and Legislature--Requests for financing authorization. - 46A-1-13. Presentation of cost data to Governor and Legislature--Requests for...

Section 46A-1-13.2 - Authorization of Belle Fourche irrigation rehabilitation project--Financial assistance limited. - 46A-1-13.2. Authorization of Belle Fourche irrigation rehabilitation project--Financial assistance limited....

Section 46A-1-13.4 - Authorization of Mni Wiconi rural system--Loans--Accrual of interest. - 46A-1-13.4. Authorization of Mni Wiconi rural system--Loans--Accrual of interest. Pursuant...

Section 46A-1-13.6 - Authorization of Lake Andes-Wagner/Marty II Irrigation Project--Research demonstration project required--Loans authorized--Indian lands exempted from payments. - 46A-1-13.6. Authorization of Lake Andes-Wagner/Marty II Irrigation Project--Research demonstration project...

Section 46A-1-13.7 - Sioux Falls Flood Control Project authorized. - 46A-1-13.7. Sioux Falls Flood Control Project authorized. Pursuant to §§46A-1-11...

Section 46A-1-13.8 - Black Hills Water Management Project and Black Hills Hydrology Study authorized. - 46A-1-13.8. Black Hills Water Management Project and Black Hills Hydrology...

Section 46A-1-13.10 - Lewis and Clark Rural Water System authorized. - 46A-1-13.10. Lewis and Clark Rural Water System authorized. Pursuant to...

Section 46A-1-13.11 - Southern Black Hills Water System authorized. - 46A-1-13.11. Southern Black Hills Water System authorized. Pursuant to §§46A-1-11...

Section 46A-1-13.12 - Belle Fourche irrigation upgrade project authorized. - 46A-1-13.12. Belle Fourche irrigation upgrade project authorized. Pursuant to §§46A-1-11...

Section 46A-1-14 - Annual report of activities of board--Contents. - 46A-1-14. Annual report of activities of board--Contents. January first of...

Section 46A-1-15 - Consideration of wild, scenic, and recreational rivers. - 46A-1-15. Consideration of wild, scenic, and recreational rivers. The Board...

Section 46A-1-17 - Borrowing on interim notes--Expenses paid and loans made from proceeds--Issuance of notes. - 46A-1-17. Borrowing on interim notes--Expenses paid and loans made from...

Section 46A-1-18 - Loan of interim note proceeds to public entity or person for project that state or federal agency is committed to finance--Notes issued prior to financing arrangement. - 46A-1-18. Loan of interim note proceeds to public entity or...

Section 46A-1-19 - Interim financing--Proper authority required. - 46A-1-19. Interim financing--Proper authority required. Before entering into any financing...

Section 46A-1-20 - Interim financing--Independent review of feasibility of project. - 46A-1-20. Interim financing--Independent review of feasibility of project. Before issuing...

Section 46A-1-21 - Interim financing--Proceeds pledged as security--Assignment to district of rights to proceeds. - 46A-1-21. Interim financing--Proceeds pledged as security--Assignment to district of rights...

Section 46A-1-22 - Terms of interim notes. - 46A-1-22. Terms of interim notes. Any resolution authorizing the issuance...

Section 46A-1-23 - Security for interim notes. - 46A-1-23. Security for interim notes. All such notes and the...

Section 46A-1-24 - Additional covenants and conditions to secure interim notes. - 46A-1-24. Additional covenants and conditions to secure interim notes. The...

Section 46A-1-25 - Registration of interim notes--Interest payment--Redemption prior to maturity. - 46A-1-25. Registration of interim notes--Interest payment--Redemption prior to maturity. The...

Section 46A-1-26 - Execution and attestation of interim notes--Sale. - 46A-1-26. Execution and attestation of interim notes--Sale. The notes may...

Section 46A-1-27 - Bond provisions applicable to interim financing. - 46A-1-27. Bond provisions applicable to interim financing. The provisions of...

Section 46A-1-28 - Payment of interim notes on issue of revenue bonds. - 46A-1-28. Payment of interim notes on issue of revenue bonds....

Section 46A-1-29 - Plan for project financing to be submitted to Legislature--Authorization for bond issuance--Amount of bonds. - 46A-1-29. Plan for project financing to be submitted to Legislature--Authorization...

Section 46A-1-30 - Purposes for bond issuance. - 46A-1-30. Purposes for bond issuance. The district may issue bonds...

Section 46A-1-31 - Bond issuance to finance or refinance statewide water plan projects--Bond issuance to purchase or finance loans by United States Department of Agriculture or to fund revolving fund programs under Clean Water Act or Safe Drinking Wa... - 46A-1-31. Bond issuance to finance or refinance statewide water plan...

Section 46A-1-32 - Terms of bonds. - 46A-1-32. Terms of bonds. The bonds may be issued and...

Section 46A-1-33 - Pledge of revenues to secure payment of bonds. - 46A-1-33. Pledge of revenues to secure payment of bonds. In...

Section 46A-1-33.1 - District may contract to manage payment or interest rate risk for bonds. - 46A-1-33.1. District may contract to manage payment or interest rate...

Section 46A-1-36 - Covenant to collect revenues sufficient for retirement of bonds. - 46A-1-36. Covenant to collect revenues sufficient for retirement of bonds....

Section 46A-1-37 - Covenant against alienation or encumbrance of projects while bonds outstanding. - 46A-1-37. Covenant against alienation or encumbrance of projects while bonds...

Section 46A-1-38 - Covenants as to management of project and accounting for funds. - 46A-1-38. Covenants as to management of project and accounting for...

Section 46A-1-39 - Trust agreements. - 46A-1-39. Trust agreements. The district may vest in a trustee...

Section 46A-1-40 - Additional covenants to secure bonds or make them more marketable. - 46A-1-40. Additional covenants to secure bonds or make them more...

Section 46A-1-41 - State general obligation not to be created. - 46A-1-41. State general obligation not to be created. Nothing in...

Section 46A-1-42 - Bonds not a state obligation--Payment restricted to revenues. - 46A-1-42. Bonds not a state obligation--Payment restricted to revenues. Any...

Section 46A-1-43 - Recording not required for bond protection. - 46A-1-43. Recording not required for bond protection. Neither the resolution...

Section 46A-1-44 - Validity of bonds not dependent upon signing officers remaining in office or regularity of proceedings. - 46A-1-44. Validity of bonds not dependent upon signing officers remaining...

Section 46A-1-45 - Sale of bonds--Procedure and price. - 46A-1-45. Sale of bonds--Procedure and price. All bonds issued under...

Section 46A-1-46 - Negotiability of bonds. - 46A-1-46. Negotiability of bonds. The coupon bonds shall be fully...

Section 46A-1-47 - Bonds as legal investments for fiduciaries and financial institutions. - 46A-1-47. Bonds as legal investments for fiduciaries and financial institutions....

Section 46A-1-48 - Bond and note proceeds--Payment into state treasury not required. - 46A-1-48. Bond and note proceeds--Payment into state treasury not required....

Section 46A-1-49 - Financing agreements to lend bond proceeds--Board resolution. - 46A-1-49. Financing agreements to lend bond proceeds--Board resolution. In addition...

Section 46A-1-50 - Financing agreements--Provisions to provide for and secure repayment of bonds and loan. - 46A-1-50. Financing agreements--Provisions to provide for and secure repayment of...

Section 46A-1-51 - Financing agreements--Proper authority required. - 46A-1-51. Financing agreements--Proper authority required. Before entering into any financing...

Section 46A-1-52 - Financing agreements--Independent review of feasibility of project. - 46A-1-52. Financing agreements--Independent review of feasibility of project. Before entering...

Section 46A-1-53 - Agreement as to custody and disposition of moneys. - 46A-1-53. Agreement as to custody and disposition of moneys. The...

Section 46A-1-54 - Remedies of bondholders. - 46A-1-54. Remedies of bondholders. The provisions of this chapter and...

Section 46A-1-55 - Persons executing district notes or bonds not subject to personal liability. - 46A-1-55. Persons executing district notes or bonds not subject to...

Section 46A-1-56 - Refunding bonds authorized for matured obligations. - 46A-1-56. Refunding bonds authorized for matured obligations. The district may...

Section 46A-1-57 - Sale of refunding bonds for matured obligations--Application of proceeds--Cancellation of instruments paid. - 46A-1-57. Sale of refunding bonds for matured obligations--Application of proceeds--Cancellation...

Section 46A-1-58 - Refunding bonds authorized for unmatured obligations. - 46A-1-58. Refunding bonds authorized for unmatured obligations. The district may...

Section 46A-1-59 - Sale of refunding bonds for unmatured obligations--Use of proceeds. - 46A-1-59. Sale of refunding bonds for unmatured obligations--Use of proceeds....

Section 46A-1-60 - Water and environment fund--Establishment--Moneys in fund. - 46A-1-60. Water and environment fund--Establishment--Moneys in fund. There is hereby...

Section 46A-1-60.1 - Water pollution control revolving fund program and state drinking water revolving fund program established--Program subfunds created--Deposits into subfunds and use thereof. - 46A-1-60.1. Water pollution control revolving fund program and state drinking...

Section 46A-1-60.2 - Disbursements from and administration of water pollution control revolving fund program and state drinking water revolving fund program--Sections 46A-1-61 to 46A-1-69 inapplicable. - 46A-1-60.2. Disbursements from and administration of water pollution control revolving...

Section 46A-1-60.3 - Rules for selection of projects to receive funds from water pollution control revolving fund program and state drinking water revolving fund program and administration of same. - 46A-1-60.3. Rules for selection of projects to receive funds from...

Section 46A-1-61 - Authorization required for disbursements from fund--Form of appropriation from fund--Limit on grants. - 46A-1-61. Authorization required for disbursements from fund--Form of appropriation from...

Section 46A-1-62 - Disbursements from capital projects fund. - 46A-1-62. Disbursements from capital projects fund. Disbursements from the South...

Section 46A-1-63 - Energy industry use funds deposit--Deposit of funds recovered through lawsuit or settlement. - 46A-1-63. Energy industry use funds deposit--Deposit of funds recovered through...

Section 46A-1-63.1 - Consolidated water facilities construction program--Disbursements. - 46A-1-63.1. Consolidated water facilities construction program--Disbursements. The state consolidated water...

Section 46A-1-64 - Limit on loans or grants to projects in water facilities plan--Security for loans. - 46A-1-64. Limit on loans or grants to projects in water...

Section 46A-1-65 - Criteria for selection of projects to receive loans or grants--Regulation of loans or grants. - 46A-1-65. Criteria for selection of projects to receive loans or...

Section 46A-1-66 - Interest on loans. - 46A-1-66. Interest on loans. Loans made from the South Dakota...

Section 46A-1-67 - Term of loans--Capitalization and refinancing of loans for purposes other than construction. - 46A-1-67. Term of loans--Capitalization and refinancing of loans for purposes...

Section 46A-1-67.1 - Repayment of loan may be deferred until execution of contract for project construction. - 46A-1-67.1. Repayment of loan may be deferred until execution of...

Section 46A-1-68 - Loan terms set by Legislature. - 46A-1-68. Loan terms set by Legislature. Sections 46A-1-66 and 46A-1-67...

Section 46A-1-68.1 - Deposit of money received from fund. - 46A-1-68.1. Deposit of money received from fund. Any person who...

Section 46A-1-69 - Suspension of annual installment due on loan for irrigation project. - 46A-1-69. Suspension of annual installment due on loan for irrigation...

Section 46A-1-70 - Financial reporting of projects--Auditing. - 46A-1-70. Financial reporting of projects--Auditing. It is hereby required, for...

Section 46A-1-71 - Legislative findings regarding need for program of statewide water development and financing. - 46A-1-71. Legislative findings regarding need for program of statewide water...

Section 46A-1-72 - Pipeline or aqueduct construction authorized--Use of water. - 46A-1-72. Pipeline or aqueduct construction authorized--Use of water. Construction of...

Section 46A-1-73 - Financing of pipelines or aqueducts--Bonds--Loans. - 46A-1-73. Financing of pipelines or aqueducts--Bonds--Loans. The South Dakota Conservancy...

Section 46A-1-78 - Moratorium on Oahe project construction as public policy of state--Study of alternate projects--Negotiation of settlement for land losses. - 46A-1-78. Moratorium on Oahe project construction as public policy of...

Section 46A-1-81 - Amount of funds required for dredge maintenance and repair and other expenses. - 46A-1-81. Amount of funds required for dredge maintenance and repair...

Section 46A-1-82 - Environment and water resources trust fund established--Subfund. - 46A-1-82. Environment and water resources trust fund established--Subfund. The South...

Section 46A-1-83 - State solid waste management program established. - 46A-1-83. State solid waste management program established. The state solid...

Section 46A-1-83.2 - Expenditure of fees deposited in environment and water resources trust fund--Access to fund--Appropriation. - 46A-1-83.2. Expenditure of fees deposited in environment and water resources...

Section 46A-1-84 - Adoption of rules to award financial assistance to sponsors of solid waste management projects--Purpose and preference of awards. - 46A-1-84. Adoption of rules to award financial assistance to sponsors...

Section 46A-1-88 - Conversion of study loans to grants. - 46A-1-88. Conversion of study loans to grants. The Board of...

Section 46A-1-91 - Financial assistance for recycling and processing facilities for waste tires. - 46A-1-91. Financial assistance for recycling and processing facilities for waste...

Section 46A-1-92 - Legislative findings and authorization of certain water development projects. - 46A-1-92. Legislative findings and authorization of certain water development projects....

Section 46A-1-93 - Priority in administration of funds. - 46A-1-93. Priority in administration of funds. In administering funds in...

Section 46A-1-94 - Perkins County rural water system. - 46A-1-94. Perkins County rural water system. Pursuant to §§46A-1-11 to...

Section 46A-1-95 - Clean lakes program, nonpoint source program, water quality monitoring program, and wetland grant program established. - 46A-1-95. Clean lakes program, nonpoint source program, water quality monitoring...

Section 46A-1-96 - Special purpose water district loan program established--Funding. - 46A-1-96. Special purpose water district loan program established--Funding. The special...

Section 46A-1-97 - Board authorized to contract for financial services. - 46A-1-97. Board authorized to contract for financial services. In administering...

Section 46A-1-98 - Confidentiality of trade secrets or commercial or financial information received by board or department. - 46A-1-98. Confidentiality of trade secrets or commercial or financial information...

Section 46A-1-99 - Additional financial assistance for solid waste management and recycling facilities. - 46A-1-99. Additional financial assistance for solid waste management and recycling...

Section 46A-1-100 - Definition of terms. - 46A-1-100. Definition of terms. Terms used in §§46A-1-100 to 46A-1-106,...

Section 46A-1-101 - State brownfields revitalization and economic development program established--Subfunds created--Deposit and use of money. - 46A-1-101. State brownfields revitalization and economic development program established--Subfunds created--Deposit...

Section 46A-1-102 - Disbursement and administration of money from subfunds--Rules--Application of provisions. - 46A-1-102. Disbursement and administration of money from subfunds--Rules--Application of provisions....

Section 46A-1-103 - Promulgation of rules by board--Content. - 46A-1-103. Promulgation of rules by board--Content. The Board of Water...

Section 46A-1-104 - Continuous appropriation of brownfields revitalization and economic development program subfunds--Purpose. - 46A-1-104. Continuous appropriation of brownfields revitalization and economic development program...

Section 46A-1-105 - Establishment of brownfields program by eligible entity. - 46A-1-105.Establishment of brownfields program by eligible entity. Any eligible entity...

Section 46A-1-106 - Powers of eligible entity establishing brownfields program. - 46A-1-106. Powers of eligible entity establishing brownfields program. Any eligible...

Chapter 02 - South Dakota Conservancy District

Section 46A-2-1 - Creation of South Dakota Conservancy District--Boundaries--Powers. - 46A-2-1. Creation of South Dakota Conservancy District--Boundaries--Powers. There is hereby...

Section 46A-2-2 - Purposes for which district created. - 46A-2-2. Purposes for which district created. The limited supply of,...

Section 46A-2-3 - Intent to relate financing of water resources projects to degree of benefits received. - 46A-2-3. Intent to relate financing of water resources projects to...

Section 46A-2-4 - Definition of terms. - 46A-2-4. Definition of terms. Terms used in this chapter and...

Section 46A-2-5 - Board of directors abolished--Performance of functions. - 46A-2-5. Board of directors abolished--Performance of functions. The board of...

Section 46A-2-6 - Offices of district. - 46A-2-6. Offices of district. The Department of Agriculture and Natural...

Section 46A-2-7 - Quorum of board--Actions on notes or bonds. - 46A-2-7. Quorum of board--Actions on notes or bonds. A majority...

Section 46A-2-8 - Rules--Delegation of authority by board. - 46A-2-8. Rules--Delegation of authority by board. The Board of Water...

Section 46A-2-11 - Board may sue and be sued. - 46A-2-11. Board may sue and be sued. The Board of...

Section 46A-2-12 - Legal adviser of board--Cooperation of state agencies at request of board. - 46A-2-12. Legal adviser of board--Cooperation of state agencies at request...

Section 46A-2-13 - Coordination of water resources project activities. - 46A-2-13. Coordination of water resources project activities. The Board of...

Section 46A-2-14 - Acquisition and disposition of property necessary for water resources projects--Use by local project sponsors. - 46A-2-14. Acquisition and disposition of property necessary for water resources...

Section 46A-2-15 - Powers of district with respect to project owned and operated by district or regulated public water utility. - 46A-2-15. Powers of district with respect to project owned and...

Section 46A-2-16 - Leverage lease agreements by board--District as lender and lessee--Sublease of equipment. - 46A-2-16. Leverage lease agreements by board--District as lender and lessee--Sublease...

Section 46A-2-17 - Eminent domain--Exercise of power by board. - 46A-2-17. Eminent domain--Exercise of power by board. The Board of...

Section 46A-2-18 - Acquisition of water rights by district--Rights to appropriate water for energy industry use. - 46A-2-18. Acquisition of water rights by district--Rights to appropriate water...

Section 46A-2-19 - Transfer of water rights or permits to appropriate water for energy industry use--Contract provisions. - 46A-2-19. Transfer of water rights or permits to appropriate water...

Section 46A-2-20 - Resource development works, construction, operation and maintenance--Exercising powers in water development districts. - 46A-2-20. Resource development works, construction, operation and maintenance--Exercising powers in...

Section 46A-2-21 - Interim financing--Eminent domain power--Limitation. - 46A-2-21. Interim financing--Eminent domain power--Limitation. The district, may, notwithstanding §46A-2-20,...

Section 46A-2-22 - Contract for payment of services or performance of work--Board as party--Amount limited to annual appropriation. - 46A-2-22. Contract for payment of services or performance of work--Board...

Section 46A-2-23 - Construction of water facilities--Prior approval of water resources project plans. - 46A-2-23. Construction of water facilities--Prior approval of water resources project...

Section 46A-2-24 - Cooperation with other agencies in development of water resources projects. - 46A-2-24. Cooperation with other agencies in development of water resources...

Section 46A-2-25 - Acceptance of assistance to aid and promote water resources projects. - 46A-2-25. Acceptance of assistance to aid and promote water resources...

Section 46A-2-26 - Cooperation and performance of obligations entered into with United States for water resources projects. - 46A-2-26. Cooperation and performance of obligations entered into with United...

Section 46A-2-28 - Federal contracts for multi-purpose projects--Mandatory contract terms. - 46A-2-28. Federal contracts for multi-purpose projects--Mandatory contract terms. No conservancy...

Section 46A-2-29 - Federal contracts for multi-purpose projects--Approval of contract provisions. - 46A-2-29. Federal contracts for multi-purpose projects--Approval of contract provisions. No...

Section 46A-2-30 - Federal loans contracted by district. - 46A-2-30. Federal loans contracted by district. The district may contract...

Section 46A-2-31 - Contracts with United States for marketing federal water service--State interests not prejudiced--Purpose--Recommendation to Legislature. - 46A-2-31. Contracts with United States for marketing federal water service--State...

Section 46A-2-34 - Generation and sale of hydroelectric power authorized. - 46A-2-34. Generation and sale of hydroelectric power authorized. The Board...

Section 46A-2-35 - Appropriations to accomplish duties of district--Request to state Legislature. - 46A-2-35. Appropriations to accomplish duties of district--Request to state Legislature....

Section 46A-2-36 - Powers granted to district and water development districts--Construction. - 46A-2-36. Powers granted to district and water development districts--Construction. The...

Section 46A-2-37 - Construction of conservancy district law--Supplementary to laws governing water management board--Laws relating to irrigation, conservancy, drainage, soil conservation, or watershed districts unaffected. - 46A-2-37. Construction of conservancy district law--Supplementary to laws governing water...

Section 46A-2-38 - Areas outside development districts. - 46A-2-38. Areas outside development districts. For benefit of areas of...

Chapter 03A - Water Development Districts--Establishment

Section 46A-3A-1 - Establishment of districts--Procedure--Political subdivision status. - 46A-3A-1. Establishment of districts--Procedure--Political subdivision status. In order to attain...

Section 46A-3A-1.1 - Districts to promote conservation, development and management of resources--Serve as clearinghouse for water quality and supply projects. - 46A-3A-1.1. Districts to promote conservation, development and management of resources--Serve...

Section 46A-3A-2 - Central Plains district. - 46A-3A-2. Central Plains district. The Central Plains Water Development District...

Section 46A-3A-3 - East Dakota district. - 46A-3A-3. East Dakota district. The East Dakota Water Development District...

Section 46A-3A-4 - James River district. - 46A-3A-4. James River district. The James River Water Development District...

Section 46A-3A-5 - South Central district. - 46A-3A-5. South Central district. The South Central Water Development District...

Section 46A-3A-6 - West Dakota district. - 46A-3A-6. West Dakota district. The West Dakota Water Development District...

Section 46A-3A-7 - West River district. - 46A-3A-7. West River district. The West River Water Development District...

Section 46A-3A-7.1 - Vermillion basin district. - 46A-3A-7.1. Vermillion basin district. The Vermillion Basin Water Development District...

Section 46A-3A-8 - Petition for election on establishment of district. - 46A-3A-8. Petition for election on establishment of district. Fifteen percent...

Section 46A-3A-9 - Contents and form of petition. - 46A-3A-9. Contents and form of petition. A petition arising under...

Section 46A-3A-10 - Approval of petition--Referral to election. - 46A-3A-10. Approval of petition--Referral to election. If a petition proposing...

Section 46A-3A-11 - Ballots on establishment. - 46A-3A-11. Ballots on establishment. The question of forming a water...

Section 46A-3A-12 - Conduct of election. - 46A-3A-12. Conduct of election. An election to form a water...

Section 46A-3A-13 - Separate districts for election--Vote required. - 46A-3A-13. Separate districts for election--Vote required. Any municipality included within...

Section 46A-3A-14 - Approval by only some of election districts--Effect--Withdrawal from district. - 46A-3A-14. Approval by only some of election districts--Effect--Withdrawal from district....

Section 46A-3A-15 - Resolution creating district--Filing. - 46A-3A-15. Resolution creating district--Filing. If all of the election districts...

Section 46A-3A-16 - Additions and withdrawals of territory. - 46A-3A-16. Additions and withdrawals of territory. After a water development...

Section 46A-3A-17 - Costs of elections. - 46A-3A-17. Costs of elections. The costs associated with an election...

Chapter 03B - Water Development Districts--Board Of Directors

Section 46A-3B-1 - Initial board of directors--Election--Terms. - 46A-3B-1. Initial board of directors--Election--Terms. The initial board of directors...

Section 46A-3B-2 - Number of directors--Qualifications. - 46A-3B-2. Number of directors--Qualifications. The board of directors of a...

Section 46A-3B-2.1 - Directors to continue in office following realignment of district--Election--Terms of office. - 46A-3B-2.1. Directors to continue in office following realignment of district--Election--Terms...

Section 46A-3B-3 - Adjusting number of directors--Redistricting. - 46A-3B-3. Adjusting number of directors--Redistricting. As soon as possible following...

Section 46A-3B-4 - Nomination of director candidates. - 46A-3B-4. Nomination of director candidates. A director candidate may be...

Section 46A-3B-5 - Certification of nominating petitions--Ballots--Primary election. - 46A-3B-5. Certification of nominating petitions--Ballots--Primary election. If three or more...

Section 46A-3B-6 - Run-off elections for initial directors. - 46A-3B-6. Run-off elections for initial directors. Not later than thirty...

Section 46A-3B-7 - Notices of elections. - 46A-3B-7. Notices of elections. A water development district, or the...

Section 46A-3B-8 - Certification of election. - 46A-3B-8. Certification of election. The respective county auditors shall transmit...

Section 46A-3B-9 - Commencement of directors' terms--Vacancies. - 46A-3B-9. Commencement of directors' terms--Vacancies. Each director shall take office...

Section 46A-3B-10 - Directors to provide for compensation and reimbursement of board members. - 46A-3B-10. Directors to provide for compensation and reimbursement of board...

Section 46A-3B-11 - Officers of board of directors. - 46A-3B-11. Officers of board of directors. At the first meeting...

Section 46A-3B-12 - Quorum of board of directors. - 46A-3B-12. Quorum of board of directors. A majority of the...

Section 46A-3B-13 - Directors of Central Plains, East Dakota, James River, and South Central districts. - 46A-3B-13. Directors of Central Plains, East Dakota, James River, and...

Chapter 03C - Water Development Districts--Dissolution

Section 46A-3C-1 - Election of dissolution of district--Vote required--Petition. - 46A-3C-1. Election of dissolution of district--Vote required--Petition. A water development...

Section 46A-3C-2 - Form of petition for dissolution. - 46A-3C-2. Form of petition for dissolution. The petition of dissolution...

Section 46A-3C-3 - Approval of petition--Referral to election. - 46A-3C-3. Approval of petition--Referral to election. Upon presentation of a...

Section 46A-3C-4 - Vote required for dissolution--Period in which another election prohibited--Costs. - 46A-3C-4. Vote required for dissolution--Period in which another election prohibited--Costs....

Section 46A-3C-5 - Exercising powers of dissolved district to satisfy obligations. - 46A-3C-5. Exercising powers of dissolved district to satisfy obligations. If...

Section 46A-3C-6 - Elections--Conduct. - 46A-3C-6. Elections--Conduct. Any election held to carry out the purposes...

Chapter 03D - Water Development Districts--Powers And Duties

Section 46A-3D-1 - Office of district--Employees. - 46A-3D-1. Office of district--Employees. A water development district board of...

Section 46A-3D-2 - Group insurance for employees. - 46A-3D-2. Group insurance for employees. A water development district board...

Section 46A-3D-3 - Records required of districts--Public inspection. - 46A-3D-3. Records required of districts--Public inspection. A water development district...

Section 46A-3D-4 - Fiscal year--Audit--Report--Publication of notice. - 46A-3D-4. Fiscal year--Audit--Report--Publication of notice. The fiscal year of the...

Section 46A-3D-5 - Actions by and against boards of directors. - 46A-3D-5. Actions by and against boards of directors. The water...

Section 46A-3D-6 - Contracting power of boards. - 46A-3D-6. Contracting power of boards. The water development district board...

Section 46A-3D-7 - Insurance authorized. - 46A-3D-7. Insurance authorized. A water development district board of directors...

Section 46A-3D-8 - Property acquisition and disposition. - 46A-3D-8. Property acquisition and disposition. A water development district board...

Section 46A-3D-9 - Eminent domain. - 46A-3D-9. Eminent domain. A water development district board of directors...

Section 46A-3D-10 - Acceptance of funds, property, and services. - 46A-3D-10. Acceptance of funds, property, and services. A water development...

Section 46A-3D-11 - Designation of legal newspapers. - 46A-3D-11. Designation of legal newspapers. Each year each water development...

Section 46A-3D-12 - Accumulation of capital reserve fund. - 46A-3D-12. Accumulation of capital reserve fund. To carry out the...

Section 46A-3D-13 - Federal wildlife mitigation requirements. - 46A-3D-13. Federal wildlife mitigation requirements. It is the intent of...

Chapter 03E - Water Development Districts--Tax Levies And Special Assessments

Section 46A-3E-1 - Tax levies. - 46A-3E-1. Tax levies. A water development district board of directors...

Section 46A-3E-2 - Special assessments. - 46A-3E-2. Special assessments. A water development district board of directors...

Section 46A-3E-3 - Contractual agreement of landowner for special assessment. - 46A-3E-3. Contractual agreement of landowner for special assessment. Only those...

Section 46A-3E-4 - Hearing on special assessment--Notice--Resolution of intent. - 46A-3E-4. Hearing on special assessment--Notice--Resolution of intent. Upon receipt of...

Section 46A-3E-5 - Notice of resolution of intent to specially assess. - 46A-3E-5. Notice of resolution of intent to specially assess. Within...

Section 46A-3E-6 - Effective date of assessment in absence of protest--Form of protest. - 46A-3E-6. Effective date of assessment in absence of protest--Form of...

Section 46A-3E-7 - Contract required for district participation in project--Approval. - 46A-3E-7. Contract required for district participation in project--Approval. A water...

Section 46A-3E-8 - Levies and assessments to cover obligations--Restrictions on obligations. - 46A-3E-8. Levies and assessments to cover obligations--Restrictions on obligations. A...

Section 46A-3E-9 - Collection of levies and assessments--Deposit of proceeds--Disbursement--Assurance of payment of contract obligations. - 46A-3E-9. Collection of levies and assessments--Deposit of proceeds--Disbursement--Assurance of payment...

Section 46A-3E-10 - Budgets--Annual report--Hearing--Notice--Adoption. - 46A-3E-10. Budgets--Annual report--Hearing--Notice--Adoption. The board of directors of a water...

Section 46A-3E-11 - Apportionment of tax levy--Form of levy. - 46A-3E-11. Apportionment of tax levy--Form of levy. Upon completion and...

Section 46A-3E-12 - Certification of levy to tax officials. - 46A-3E-12. Certification of levy to tax officials. Immediately after completion...

Section 46A-3E-13 - Extension of levy. - 46A-3E-13. Extension of levy. Appropriate officials shall extend the levy...

Section 46A-3E-14 - Collection of taxes and assessments--Payment--Deposit. - 46A-3E-14. Collection of taxes and assessments--Payment--Deposit. Appropriate tax collecting officials...

Section 46A-3E-15 - Deposit and disbursement of collections. - 46A-3E-15. Deposit and disbursement of collections. All moneys collected pursuant...

Chapter 04 - Organization, Boundaries And Dissolution Of Irrigation Districts

Section 46A-4-1 - Creation of irrigation district--Filing petition--Number of electors required. - 46A-4-1. Creation of irrigation district--Filing petition--Number of electors required. Twenty-five...

Section 46A-4-2 - Elector defined. - 46A-4-2. Elector defined. The term, elector, as used in this...

Section 46A-4-3 - Petition to organize irrigation district--Number of signers--Boundaries to be described--Request for organization. - 46A-4-3. Petition to organize irrigation district--Number of signers--Boundaries to be...

Section 46A-4-3.1 - Petition--Signing by electors--Form--Affidavit of circulator. - 46A-4-3.1. Petition--Signing by electors--Form--Affidavit of circulator. Each elector signing a...

Section 46A-4-4 - Petition for formation of irrigation district--Map of proposed district to accompany, contents. - 46A-4-4. Petition for formation of irrigation district--Map of proposed district...

Section 46A-4-4.1 - Notice of hearing to consider petition--Publication--Contents--Approval of petition--Fixing date for election. - 46A-4-4.1. Notice of hearing to consider petition--Publication--Contents--Approval of petition--Fixing date...

Section 46A-4-8 - Inclusion in irrigation district of lands capable of being irrigated from works in proposed district. - 46A-4-8. Inclusion in irrigation district of lands capable of being...

Section 46A-4-9 - Ditches or canals constructed before July 1, 1917, and lands watered by them--Exemption--Rights of ditches already constructed. - 46A-4-9. Ditches or canals constructed before July 1, 1917, and...

Section 46A-4-10 - Holding or taxing nonirrigable land for irrigation purposes. - 46A-4-10. Holding or taxing nonirrigable land for irrigation purposes. In...

Section 46A-4-12 - Change in proposed boundaries by board--Exclusion of certain lands from district. - 46A-4-12. Change in proposed boundaries by board--Exclusion of certain lands...

Section 46A-4-14 - District divided into divisions by board--Size and number--Election of directors--Terms--Assessment of property within district. - 46A-4-14. District divided into divisions by board--Size and number--Election of...

Section 46A-4-14.1 - Division representing tribal or trust lands--Excepted from chapter. - 46A-4-14.1. Division representing tribal or trust lands--Excepted from chapter. In...

Section 46A-4-15 - Notice of election on proposed district--Date of election--Contents of notice--Publication--Ballot form. - 46A-4-15. Notice of election on proposed district--Date of election--Contents of...

Section 46A-4-17 - Persons qualified to vote at elections. - 46A-4-17. Persons qualified to vote at elections. No person may...

Section 46A-4-18 - Corporate ownership of lands within proposed or existing irrigation districts--Designation of agent to vote in behalf of elections for organization of district. - 46A-4-18. Corporate ownership of lands within proposed or existing irrigation...

Section 46A-4-19 - Election procedure--Applicability of general laws--Resolution declaring district organized--District as political subdivision. - 46A-4-19. Election procedure--Applicability of general laws--Resolution declaring district organized--District as...

Section 46A-4-20 - Resolution declaring district organized--Filing for record. - 46A-4-20. Resolution declaring district organized--Filing for record. The Board of...

Section 46A-4-21 - Election of director for each division. - 46A-4-21. Election of director for each division. There shall be...

Section 46A-4-22 - Unentered public lands a major portion of district--Appointment of majority of directors by secretary of interior--Term of office. - 46A-4-22. Unentered public lands a major portion of district--Appointment of...

Section 46A-4-23 - Directors elected at large as a result of appointment of majority of directors by secretary of interior--Term of office. - 46A-4-23. Directors elected at large as a result of appointment...

Section 46A-4-24 - Directors elected at election to establish district--Terms of office--Tie election, procedure. - 46A-4-24. Directors elected at election to establish district--Terms of office--Tie...

Section 46A-4-25 - Annual election of directors--Nomination--Election by receiving highest number of votes. - 46A-4-25. Annual election of directors--Nomination--Election by receiving highest number of...

Section 46A-4-26 - Hours of voting. - 46A-4-26. Hours of voting. Notwithstanding any other provision of this...

Section 46A-4-27 - Directors to be electors of division--Residence. - 46A-4-27. Directors to be electors of division--Residence. Each director shall...

Section 46A-4-27.1 - Transmittal of election results. - 46A-4-27.1. Transmittal of election results. The results of the election...

Section 46A-4-28 - Nominating petition for directors--Filing--Form--Signers. - 46A-4-28. Nominating petition for directors--Filing--Form--Signers. Subsequent to the election for...

Section 46A-4-30 - Election not required where no question or contest--Retention of office by incumbent. - 46A-4-30. Election not required where no question or contest--Retention of...

Section 46A-4-31 - Notices of election after organization of district--Publication and posting. - 46A-4-31. Notices of election after organization of district--Publication and posting....

Section 46A-4-32 - Elections after district organized and first set of directors elected--Voting by mail. - 46A-4-32. Elections after district organized and first set of directors...

Section 46A-4-33 - Precinct election officers--Appointment by board of directors or electors. - 46A-4-33. Precinct election officers--Appointment by board of directors or electors....

Section 46A-4-34 - Chair of election board--Oaths. - 46A-4-34. Chair of election board--Oaths. One of the judges shall...

Section 46A-4-35 - Precinct election boards--Oaths of members, administration, and certification. - 46A-4-35. Precinct election boards--Oaths of members, administration, and certification. Before...

Section 46A-4-36 - Canvass of votes by board--Time and place. - 46A-4-36. Canvass of votes by board--Time and place. The board...

Section 46A-4-37 - Declaration of election results--Certificate of election. - 46A-4-37. Declaration of election results--Certificate of election. The board of...

Section 46A-4-38 - Statement of election results--Filing--Contents. - 46A-4-38. Statement of election results--Filing--Contents. The secretary of the board...

Section 46A-4-39 - Vacancy in office of board of directors--Filling--District treasurer appointed by board. - 46A-4-39. Vacancy in office of board of directors--Filling--District treasurer appointed...

Section 46A-4-40 - Elected directors--Qualifying--Term of office--Time for assumption of duties. - 46A-4-40. Elected directors--Qualifying--Term of office--Time for assumption of duties. The...

Section 46A-4-41 - Directors' and officers' oath of office--Official bonds. - 46A-4-41. Directors' and officers' oath of office--Official bonds. Before assuming...

Section 46A-4-42 - District appointed fiscal agent of United States to collect money for federal reclamation project--Additional bond required--Right to sue on bond. - 46A-4-42. District appointed fiscal agent of United States to collect...

Section 46A-4-43 - Bond of officers and directors--Form--Obligee--Cost of surety bonds, payment by the district. - 46A-4-43. Bond of officers and directors--Form--Obligee--Cost of surety bonds, payment...

Section 46A-4-44 - Organization meeting of board of directors--Election of president and vice-president--Appointment of secretary. - 46A-4-44. Organization meeting of board of directors--Election of president and...

Section 46A-4-45 - Meetings of directors--Special meetings--Open to public--Quorum--Vote required for action. - 46A-4-45. Meetings of directors--Special meetings--Open to public--Quorum--Vote required for action....

Section 46A-4-46 - Records of board of directors open for inspection--Publication of statement of proceedings--Filing of list of expenditures. - 46A-4-46. Records of board of directors open for inspection--Publication of...

Section 46A-4-47 - Compensation of district directors--Payment from district fund. - 46A-4-47. Compensation of district directors--Payment from district fund. For the...

Section 46A-4-48 - Powers and duties of board of directors of district--Distribution and printing of bylaws and procedures--Water rights appurtenant to land. - 46A-4-48. Powers and duties of board of directors of district--Distribution...

Section 46A-4-49 - Interest in contract of district or acceptance of bribe by director or officer as felony. - 46A-4-49. Interest in contract of district or acceptance of bribe...

Section 46A-4-50 - Change of irrigation district boundaries--Exclusion of land within boundaries. - 46A-4-50. Change of irrigation district boundaries--Exclusion of land within boundaries....

Section 46A-4-51 - Common school and endowment irrigable lands within district--Sale--Inclusion in district. - 46A-4-51. Common school and endowment irrigable lands within district--Sale--Inclusion in...

Section 46A-4-52 - Assent of secretary of interior necessary for change in boundaries of district contracting with United States. - 46A-4-52. Assent of secretary of interior necessary for change in...

Section 46A-4-53 - Petition for inclusion of tract of land within boundaries of irrigation district--Contents. - 46A-4-53. Petition for inclusion of tract of land within boundaries...

Section 46A-4-54 - Participation by conservators and personal representatives of estates. - 46A-4-54. Participation by conservators and personal representatives of estates. A...

Section 46A-4-55 - Change of boundaries of irrigation district--Notice of filing of petition, contents--Time and place of hearing by board of directors--Cost of proceedings, advancement by petitioners. - 46A-4-55. Change of boundaries of irrigation district--Notice of filing of...

Section 46A-4-56 - Hearing on petition to change boundaries--Adjournment--Assent to change. - 46A-4-56. Hearing on petition to change boundaries--Adjournment--Assent to change. The...

Section 46A-4-57 - Rejection of petition to change boundaries--Resolution of board--Contents. - 46A-4-57. Rejection of petition to change boundaries--Resolution of board--Contents. If...

Section 46A-4-58 - Land not included in irrigation district unless owner or lessee obligated to pay assessments or charges. - 46A-4-58. Land not included in irrigation district unless owner or...

Section 46A-4-59 - Payment by petitioners of share of original district assessments as condition for granting petition. - 46A-4-59. Payment by petitioners of share of original district assessments...

Section 46A-4-60 - Board order for election on filing of protests--Publication of notice--Ballots--Boundary descriptions. - 46A-4-60. Board order for election on filing of protests--Publication of...

Section 46A-4-61 - Order of board in conformity with election results on boundary change. - 46A-4-61. Order of board in conformity with election results on...

Section 46A-4-62 - Filing and recording of order changing boundaries--Effect of change. - 46A-4-62. Filing and recording of order changing boundaries--Effect of change....

Section 46A-4-63 - Petition for change of boundaries of irrigation district--Recording in minutes of board of directors, admissibility as evidence. - 46A-4-63. Petition for change of boundaries of irrigation district--Recording in...

Section 46A-4-64 - Redivision of district following inclusion of land--Election precincts. - 46A-4-64. Redivision of district following inclusion of land--Election precints. In...

Section 46A-4-65 - Exclusion of contiguous tracts of land from district--Petition--Contents. - 46A-4-65. Exclusion of contiguous tracts of land from district--Petition--Contents. The...

Section 46A-4-66 - Notice of petition to exclude land--Publication--Contents--Time for hearing. - 46A-4-66. Notice of petition to exclude land--Publication--Contents--Time for hearing. The...

Section 46A-4-67 - Hearing on petition to exclude land--Assent of interested persons. - 46A-4-67. Hearing on petition to exclude land--Assent of interested persons....

Section 46A-4-68 - Resolution for exclusion of land when bonds or federal contract outstanding--Bondholders' or federal assent required--Assent waived by terms of bond issue. - 46A-4-68. Resolution for exclusion of land when bonds or federal...

Section 46A-4-69 - Grant or denial of petition to exclude land from district--Best interests of district--Conditions for exclusion. - 46A-4-69. Grant or denial of petition to exclude land from...

Section 46A-4-70 - Election ordered on exclusion after objections filed--Publication of notice--Contents--Conduct of election. - 46A-4-70. Election ordered on exclusion after objections filed--Publication of notice--Contents--Conduct...

Section 46A-4-71 - Majority vote against exclusion, denial and dismissal of petition--Majority vote in favor of exclusion, order of board of directors excluding land from irrigation district, contents. - 46A-4-71. Majority vote against exclusion, denial and dismissal of petition--Majority...

Section 46A-4-72 - Order excluding land from irrigation district--Entry in minutes of board of directors--Filing and recording--Effect of order. - 46A-4-72. Order excluding land from irrigation district--Entry in minutes of...

Section 46A-4-73 - Exclusion of land from irrigation district--Refunding of assessments. - 46A-4-73. Exclusion of land from irrigation district--Refunding of assessments. In...

Section 46A-4-74 - Exclusion of land from irrigation district--Effect of change on office of director. - 46A-4-74. Exclusion of land from irrigation district--Effect of change on...

Section 46A-4-75 - Exclusion of land from irrigation district--Redivision of district by board of directors--Election precincts, establishment, change from time to time. - 46A-4-75. Exclusion of land from irrigation district--Redivision of district by...

Section 46A-4-76 - Resolution to exclude unproductive lands from district--Reasons--Service on owners and residents--Publication of notice. - 46A-4-76. Resolution to exclude unproductive lands from district--Reasons--Service on owners...

Section 46A-4-77 - Hearing on exclusion of unproductive lands--Time and place--Objections--Failure to object deemed consent--Rescission of resolution or adoption of second exclusion resolution. - 46A-4-77. Hearing on exclusion of unproductive lands--Time and place--Objections--Failure to...

Section 46A-4-78 - Motion to reconsider exclusion of unproductive lands--Time--Appeal to circuit court--Contents--Trial--Filing of final resolution. - 46A-4-78. Motion to reconsider exclusion of unproductive lands--Time--Appeal to circuit...

Section 46A-4-79 - Rearrangement or reapportionment of district divisions upon exclusion of lands--Effects of exclusion--Procedural defects--Resolutions and bylaws. - 46A-4-79. Rearrangement or reapportionment of district divisions upon exclusion of...

Section 46A-4-80 - Subirrigated land--Relief from district assessments--Recording of suspension order. - 46A-4-80. Subirrigated land--Relief from district assessments--Recording of suspension order. If...

Section 46A-4-81 - Dissolution of district--Petition by majority of assessment payers--Calling of election by board--Notice of election. - 46A-4-81. Dissolution of district--Petition by majority of assessment payers--Calling of...

Section 46A-4-82 - Dissolution of district contracting with United States--Assent of secretary of interior--Recording. - 46A-4-82. Dissolution of district contracting with United States--Assent of secretary...

Section 46A-4-83 - Election ballots on dissolution of district--Form and contents--Conduct of election. - 46A-4-83. Election ballots on dissolution of district--Form and contents--Conduct of...

Section 46A-4-84 - Certification of election returns and ballots--Canvass of returns--Declaration of result--Recording. - 46A-4-84. Certification of election returns and ballots--Canvass of returns--Declaration of...

Section 46A-4-85 - Vote against dissolution precludes another election during year. - 46A-4-85. Vote against dissolution precludes another election during year. If...

Section 46A-4-86 - Majority vote for dissolution of irrigation district--Notice by board of directors to creditors of district--Settlement of claims. - 46A-4-86. Majority vote for dissolution of irrigation district--Notice by board...

Section 46A-4-87 - Raising of money to pay debts--Valuation of property by appraisers--Appointment--Report. - 46A-4-87. Raising of money to pay debts--Valuation of property by...

Section 46A-4-88 - Sale of property by board of directors--Advertisement--Notice of sale--Consideration of bids of purchasers by board of directors. - 46A-4-88. Sale of property by board of directors--Advertisement--Notice of sale--Consideration...

Section 46A-4-89 - Rejection of bids for purchase of property--Private negotiations for sale--Deferred payments--Lien--Foreclosure. - 46A-4-89. Rejection of bids for purchase of property--Private negotiations for...

Section 46A-4-90 - Additional security for deferred payments--Collection. - 46A-4-90. Additional security for deferred payments--Collection. In addition to the...

Section 46A-4-91 - Bonds and obligations of district--Redemption after sale of property on dissolution of district. - 46A-4-91. Bonds and obligations of district--Redemption after sale of property...

Section 46A-4-92 - Payment of outstanding obligations with proceeds of property sales--Prices paid. - 46A-4-92. Payment of outstanding obligations with proceeds of property sales--Prices...

Section 46A-4-93 - Proceeds of sale of property on dissolution of irrigation district insufficient to pay debts--Assessments against lands in the district. - 46A-4-93. Proceeds of sale of property on dissolution of irrigation...

Section 46A-4-94 - Disposal of property--Payment of obligations--Report of board--Filing and recording--Contents--Time for action on unpaid claim. - 46A-4-94. Disposal of property--Payment of obligations--Report of board--Filing and recording--Contents--Time...

Section 46A-4-95 - Validation of previously created irrigation districts. - 46A-4-95. Validation of previously created irrigation districts. All irrigation districts,...

Chapter 05 - Irrigation District Projects And Operations

Section 46A-5-1 - Use of water and property for irrigation of lands--Public use--Regulation and control by state. - 46A-5-1. Use of water and property for irrigation of lands--Public...

Section 46A-5-2 - Resolution of board of directors--General plan of proposed operation, contents. - 46A-5-2. Resolution of board of directors--General plan of proposed operation,...

Section 46A-5-3 - Determination of construction costs by board of directors--Examinations and surveys--Surveys, maps, plans, and estimates, certification by irrigation engineer. - 46A-5-3. Determination of construction costs by board of directors--Examinations and...

Section 46A-5-4 - Determination of funds required--Authorization, issuance, and sale of bonds--Election--Amount of bonds. - 46A-5-4. Determination of funds required--Authorization, issuance, and sale of bonds--Election--Amount...

Section 46A-5-4.1 - Eligibility to vote in bond election. - 46A-5-4.1. Eligibility to vote in bond election. Any other provision...

Section 46A-5-5 - Contract with United States for construction, operation, and maintenance of works--Bonds not deposited in connection therewith, issuance unnecessary--Issuance of bonds for funds in addition to amount of federal contract. - 46A-5-5. Contract with United States for construction, operation, and maintenance...

Section 46A-5-6 - Location of line of canal and branches--Purchase or condemnation of property. - 46A-5-6. Location of line of canal and branches--Purchase or condemnation...

Section 46A-5-7 - Construction of works for collection and distribution of water--Furnishing of water for irrigation. - 46A-5-7. Construction of works for collection and distribution of water--Furnishing...

Section 46A-5-8 - Right-of-way for laterals--Duties of board of directors--Eminent domain. - 46A-5-8. Right-of-way for laterals--Duties of board of directors--Eminent domain. The...

Section 46A-5-9 - Right-of-way for works for collection of water over state lands and waters. - 46A-5-9. Right-of-way for works for collection of water over state...

Section 46A-5-10 - Construction of works across streams, watercourses, highways, and railways. - 46A-5-10. Construction of works across streams, watercourses, highways, and railways....

Section 46A-5-11 - Property acquired for project--Title vested in district--Management by board of directors. - 46A-5-11. Property acquired for project--Title vested in district--Management by board...

Section 46A-5-12 - Acquisition of property--Actions and proceedings by and against district. - 46A-5-12. Acquisition of property--Actions and proceedings by and against district....

Section 46A-5-13 - Adoption of plan of works--Notice of plan and call for bids--Publication--Contents. - 46A-5-13. Adoption of plan of works--Notice of plan and call...

Section 46A-5-14 - Contractor's bond--Sureties--Approval by board of directors--Terms. - 46A-5-14. Contractor's bond--Sureties--Approval by board of directors--Terms. The person or...

Section 46A-5-15 - Work done under engineer--Approval by board of directors. - 46A-5-15. Work done under engineer--Approval by board of directors. The...

Section 46A-5-16 - Contracts for material--Lowest responsible bidder--Security for bid, amount, forfeiture. - 46A-5-16. Contracts for material--Lowest responsible bidder--Security for bid, amount, forfeiture....

Section 46A-5-17 - Bids unnecessary for contract with United States. - 46A-5-17. Bids unnecessary for contract with United States. The provisions...

Section 46A-5-18 - Contracts with United States concerning federal reclamation acts and water supply. - 46A-5-18. Contracts with United States concerning federal reclamation acts and...

Section 46A-5-19 - Deposit of district bonds as security for federal contract. - 46A-5-19. Deposit of district bonds as security for federal contract....

Section 46A-5-20 - District bonds not deposited as security for federal contract. - 46A-5-20. District bonds not deposited as security for federal contract....

Section 46A-5-21 - District appointment as fiscal agent of United States--Collection of money for federal reclamation projects. - 46A-5-21. District appointment as fiscal agent of United States--Collection of...

Section 46A-5-23 - Flow of water through ditches and canals at full capacity. - 46A-5-23. Flow of water through ditches and canals at full...

Section 46A-5-24 - Measuring devices, placement--System for interchange of water--Duties of board of directors. - 46A-5-24. Measuring devices, placement--System for interchange of water--Duties of board...

Section 46A-5-25 - Apportionment of water by board. - 46A-5-25. Apportionment of water by board. If the water supply...

Section 46A-5-26 - Liability for negligence in delivering or failure to deliver water--Notice to district chair--Time for service of notice and action. - 46A-5-26. Liability for negligence in delivering or failure to deliver...

Section 46A-5-27 - Diversion of water from channel unauthorized without payment of just compensation. - 46A-5-27. Diversion of water from channel unauthorized without payment of...

Section 46A-5-28 - Appropriation from district general fund for advertising. - 46A-5-28. Appropriation from district general fund for advertising. The board...

Section 46A-5-29 - General fund of district--Appropriation by board of directors for support of county fair, maximum amount. - 46A-5-29. General fund of district--Appropriation by board of directors for...

Section 46A-5-31 - Contract to supply water to users for nonirrigation purposes--Authority of district to enter. - 46A-5-31. Contract to supply water to users for nonirrigation purposes--Authority...

Chapter 06 - Irrigation District Contracts And Financing

Section 46A-6-1 - Unauthorized debts and liabilities prohibited. - 46A-6-1. Unauthorized debts and liabilities prohibited. Neither the board of...

Section 46A-6-2 - Contracts for supply of water to irrigate lands--Source of supply. - 46A-6-2. Contracts for supply of water to irrigate lands--Source of...

Section 46A-6-3 - Payment within one year of purchase price of water supply--Tax levy. - 46A-6-3. Payment within one year of purchase price of water...

Section 46A-6-4 - Contract to supply water to irrigate lands--Payments extending more than one year--Submission to voters for approval or disapproval, general or special election, notice, conduct of election--Approval of contract by voters--Annual ta... - 46A-6-4. Contract to supply water to irrigate lands--Payments extending more...

Section 46A-6-4.1 - Eligibility to vote on water supply contract. - 46A-6-4.1. Eligibility to vote on water supply contract. Only those...

Section 46A-6-5 - Drainage of land by district--Special assessments and funds--Surveys--Eminent domain--Contract with United States. - 46A-6-5. Drainage of land by district--Special assessments and funds--Surveys--Eminent domain--Contract...

Section 46A-6-6 - Contract with United States for drainage of lands in district--Contract by board of directors for drainage of contiguous outside lands, assumption of cost and repayment to United States. - 46A-6-6. Contract with United States for drainage of lands in...

Section 46A-6-7 - Submission of federal contract to voters at general or special election--Notice--Approval by voters. - 46A-6-7. Submission of federal contract to voters at general or...

Section 46A-6-8 - Supplemental or amendatory contracts with United States--Amount of principal indebtedness not increased. - 46A-6-8. Supplemental or amendatory contracts with United States--Amount of principal...

Section 46A-6-9 - Election and judicial confirmation not required for supplementary or amendatory contracts--Resolution of board. - 46A-6-9. Election and judicial confirmation not required for supplementary or...

Section 46A-6-10 - Prior supplemental contracts with United States validated. - 46A-6-10. Prior supplemental contracts with United States validated. Any contract...

Section 46A-6-15 - Covenants and agreements to protect security and payment of bonds. - 46A-6-15. Covenants and agreements to protect security and payment of...

Section 46A-6-16 - Bonds of district to be delivered to United States under reclamation contract--Form--Terms--Denominations. - 46A-6-16. Bonds of district to be delivered to United States...

Section 46A-6-17 - Issuance of bond not necessary--Cost and expenses of property and works covered by contract between district and United States. - 46A-6-17. Issuance of bond not necessary--Cost and expenses of property...

Section 46A-6-19 - Payment of bonds and interest--Annual assessment upon real property of district. - 46A-6-19. Payment of bonds and interest--Annual assessment upon real property...

Section 46A-6-22 - Debt service fund--Investment in federal or state bonds or certificates of deposit, deposits in banks within state. - 46A-6-22. Debt service fund--Investment in federal or state bonds or...

Section 46A-6-23 - Interest on due and unpaid interest coupons of bonds--Election to authorize--Form of ballots. - 46A-6-23. Interest on due and unpaid interest coupons of bonds--Election...

Section 46A-6-24 - Interest on unpaid coupons--Majority vote of electors--Adoption declared by board--Levy for capital projects fund--Stamping of coupons by county treasurer. - 46A-6-24. Interest on unpaid coupons--Majority vote of electors--Adoption declared by...

Section 46A-6-29 - Contract with United States guaranteeing bonds of district or extending financial credit. - 46A-6-29. Contract with United States guaranteeing bonds of district or...

Section 46A-6-30 - Compliance with federal and state laws--Rights of district to contract. - 46A-6-30. Compliance with federal and state laws--Rights of district to...

Section 46A-6-31 - Special court proceeding to confirm contracts or assessments-- Procedure--Partial approval--Curing of defects. - 46A-6-31. Special court proceeding to confirm contracts or assessments-- Procedure--Partial...

Section 46A-6-32 - Confirmation of issue and sale of bonds by board of directors--Judicial examination in special proceeding--Approval or disapproval by circuit court. - 46A-6-32. Confirmation of issue and sale of bonds by board...

Section 46A-6-33 - Petition of board of directors for confirmation of issue and sale of bonds--Filed in circuit court--Contents. - 46A-6-33. Petition of board of directors for confirmation of issue...

Section 46A-6-34 - Hearing of petition of board of directors for confirmation of issue and sale of bonds--Notice of filing, publication--Time and place. - 46A-6-34. Hearing of petition of board of directors for confirmation...

Section 46A-6-35 - Pleading to petition of board of directors for confirmation of issue and sale of bonds--Law governing. - 46A-6-35. Pleading to petition of board of directors for confirmation...

Section 46A-6-36 - Contract with United States amendatory of individual water right contracts--Exception. - 46A-6-36. Contract with United States amendatory of individual water right...

Section 46A-6-37 - Court hearing on organization of district or issuance of bonds--Determination of legality--Disregard of certain irregularities--Partial approval--Costs. - 46A-6-37. Court hearing on organization of district or issuance of...

Section 46A-6-38 - Statement by board--Preparation, contents, and certification--Statement and bonds presented to department--Recording of statement--Registration of bonds. - 46A-6-38. Statement by board--Preparation, contents, and certification--Statement and bonds presented...

Section 46A-6-39 - Borrowing to make payments on federal contracts. - 46A-6-39. Borrowing to make payments on federal contracts. The board...

Section 46A-6-40 - Borrowing for unforeseen or unusual conditions in operation and maintenance. - 46A-6-40. Borrowing for unforeseen or unusual conditions in operation and...

Section 46A-6-41 - Maximum amount of loans--Payment. - 46A-6-41. Maximum amount of loans--Payment. The total sum borrowed by...

Section 46A-6-41.1 - Borrowing funds from conservancy district--Pledge of district credit. - 46A-6-41.1. Borrowing funds from conservancy district--Pledge of district credit. The...

Section 46A-6-42 - Funds of district--Deposit in bank, designation by board of directors, release of district treasurer from personal liability. - 46A-6-42. Funds of district--Deposit in bank, designation by board of...

Section 46A-6-43 - Withdrawal from construction fund and deposit in county treasury--Disbursement by county treasurer--Monthly report. - 46A-6-43. Withdrawal from construction fund and deposit in county treasury--Disbursement...

Section 46A-6-44 - Costs of acquisition of property and construction of works and improvements--Payment out of construction fund or in district bonds. - 46A-6-44. Costs of acquisition of property and construction of works...

Section 46A-6-45 - Additional bonds of district--Priority. - 46A-6-45. Additional bonds of district--Priority. If the bonds or the...

Section 46A-6-46 - Claims against district--Verification required--Oaths administered by district secretary. - 46A-6-46. Claims against district--Verification required--Oaths administered by district secretary. All...

Section 46A-6-47 - Claims against district--Allowance--Warrants for payment. - 46A-6-47. Claims against district--Allowance--Warrants for payment. No claim may be...

Section 46A-6-48 - Insufficient funds for payment of warrants--Endorsement of district treasurer--Interest. - 46A-6-48. Insufficient funds for payment of warrants--Endorsement of district treasurer--Interest....

Section 46A-6-49 - Register of warrants by district treasurer--Payment of warrants in order of presentation. - 46A-6-49. Register of warrants by district treasurer--Payment of warrants in...

Section 46A-6-50 - District treasurer--Monthly report. - 46A-6-50. District treasurer--Monthly report. The district treasurer shall also report...

Section 46A-6-51 - Transfer of assets and liabilities of nonprofit entity to district--Approval by governing board and electors. - 46A-6-51. Transfer of assets and liabilities of nonprofit entity to...

Chapter 07 - Irrigation District Assessments And Levies

Section 46A-7-1 - Tolls, charges, and assessments--Expenses covered--Levy of assessments. - 46A-7-1. Tolls, charges, and assessments--Expenses covered--Levy of assessments. For the...

Section 46A-7-2 - Expenses for completion of irrigation system--Issuance of additional bonds or levy of assessment. - 46A-7-2. Expenses for completion of irrigation system--Issuance of additional bonds...

Section 46A-7-3 - Special assessment--Submission of question of levy--Notice of election--Authorization by majority of votes--Levy of assessment--Entry upon assessment roll and tax list--Collection. - 46A-7-3. Special assessment--Submission of question of levy--Notice of election--Authorization by...

Section 46A-7-3.1 - Eligibility to vote on special assessment. - 46A-7-3.1. Eligibility to vote on special assessment. Only those electors...

Section 46A-7-4 - Apportionment of benefits accruing to land by irrigation--Basis for annual assessments. - 46A-7-4. Apportionment of benefits accruing to land by irrigation--Basis for...

Section 46A-7-5 - Apportionment of benefits to land by irrigation works--Assessment made in lieu of bonds or other authorized obligations--Assessment not invalid because in name of wrong person. - 46A-7-5. Apportionment of benefits to land by irrigation works--Assessment made...

Section 46A-7-6 - List of apportionment or distribution--Contents--Map of each subdivision with rate of apportionment--Copy filed with department. - 46A-7-6. List of apportionment or distribution--Contents--Map of each subdivision with...

Section 46A-7-7 - Assessments to meet obligations of contracts with United States--Apportionment of benefits unnecessary under contract. - 46A-7-7. Assessments to meet obligations of contracts with United States--Apportionment...

Section 46A-7-8 - Delivery of assessment roll to secretary--Notice of equalization meeting--Time for meeting--Roll available for inspection. - 46A-7-8. Delivery of assessment roll to secretary--Notice of equalization meeting--Time...

Section 46A-7-9 - Board of equalization, board of directors constituting--Meetings, purpose--Apportionment of benefits and assessments--Duties of secretary. - 46A-7-9. Board of equalization, board of directors constituting--Meetings, purpose--Apportionment of...

Section 46A-7-10 - Acreage assessment to cover bond and contract payments--Special fund. - 46A-7-10. Acreage assessment to cover bond and contract payments--Special fund....

Section 46A-7-11 - Assessment for operation, salaries and expenses. - 46A-7-11. Assessment for operation, salaries and expenses. If the board...

Section 46A-7-12 - Assessments--Rate of levy, computation. - 46A-7-12. Assessments--Rate of levy, computation. In all assessments for the...

Section 46A-7-13 - Contract with United States providing different deficiency assessment. - 46A-7-13. Contract with United States providing different deficiency assessment. If...

Section 46A-7-14 - Neglect or refusal of board to make assessment--Adoption of assessment for preceding year. - 46A-7-14. Neglect or refusal of board to make assessment--Adoption of...

Section 46A-7-15 - Modification of contract with United States to eliminate charges or change time of payment--Cancellation of levy or assessment. - 46A-7-15. Modification of contract with United States to eliminate charges...

Section 46A-7-16 - Assessments--Computation and entry by secretary--Certification--Tax list. - 46A-7-16. Assessments--Computation and entry by secretary--Certification--Tax list. The secretary of...

Section 46A-7-17 - Assessments levied for bond and United States contract fund--Collection by county treasurer. - 46A-7-17. Assessments levied for bond and United States contract fund--Collection...

Section 46A-7-18 - Capital projects fund tax--Interest coupons received in payment. - 46A-7-18. Capital projects fund tax--Interest coupons received in payment. Such...

Section 46A-7-19 - Assessments levied for general fund--Due date--Warrants received in payment. - 46A-7-19. Assessments levied for general fund--Due date--Warrants received in payment....

Section 46A-7-20 - Taxes received for capital projects and general funds--Remittance by county treasurer. - 46A-7-20. Taxes received for capital projects and general funds--Remittance by...

Section 46A-7-21 - Responsibilities of county treasurer for taxes. - 46A-7-21. Responsibilities of county treasurer for taxes. All such taxes...

Section 46A-7-22 - Alternative method of collection of assessments against acreage within United States reclamation project. - 46A-7-22. Alternative method of collection of assessments against acreage within...

Section 46A-7-23 - Notice of decision to collect assessments against acreage in United States reclamation project. - 46A-7-23. Notice of decision to collect assessments against acreage in...

Section 46A-7-24 - Decision of board of directors to collect assessments against acreage within United States reclamation project--Certificate, time for filing--Payment of assessments, time. - 46A-7-24. Decision of board of directors to collect assessments against...

Section 46A-7-25 - Collection of assessments against acreage within United States reclamation project--Single assessment for operation and maintenance funds and contract funds, time for payment. - 46A-7-25. Collection of assessments against acreage within United States reclamation...

Section 46A-7-26 - Determination of benefits--Fixing annual assessments--Completion and delivery of assessment roll. - 46A-7-26. Determination of benefits--Fixing annual assessments--Completion and delivery of assessment...

Section 46A-7-27 - Filing of certificate of decision to collect assessments against acreage within United States reclamation project--Treasurer of irrigation district to act in lieu of county auditor and treasurer. - 46A-7-27. Filing of certificate of decision to collect assessments against...

Section 46A-7-28 - Collection of assessments against acreage within United States reclamation project--Duties of treasurer of district, certification of delinquencies. - 46A-7-28. Collection of assessments against acreage within United States reclamation...

Section 46A-7-29 - Reversion to prior method of collection--Filing of certificate of change--Collection through office of county treasurer. - 46A-7-29. Reversion to prior method of collection--Filing of certificate of...

Section 46A-7-30 - Assessments--Payment under protest, disposition of money. - 46A-7-30. Assessments--Payment under protest, disposition of money. When any person...

Section 46A-7-31 - Refund of taxes or assessments--Filing of tax receipt showing payment under protest--Affidavit stating grounds for refund. - 46A-7-31. Refund of taxes or assessments--Filing of tax receipt showing...

Section 46A-7-32 - Relevy of invalid, void or defective special tax or assessment--Assessment not invalidated by erroneous extension--Correction. - 46A-7-32. Relevy of invalid, void or defective special tax or...

Section 46A-7-33 - Assessment as lien against property assessed--Interest--Collection--Sale of land. - 46A-7-33. Assessment as lien against property assessed--Interest--Collection--Sale of land. All...

Section 46A-7-34 - Bond series lien preferences--Federal contract payments lien preferences. - 46A-7-34. Bond series lien preferences--Federal contract payments lien preferences. The...

Section 46A-7-35 - Application of funds from assessment and levy--Priority in distribution. - 46A-7-35. Application of funds from assessment and levy--Priority in distribution....

Section 46A-7-36 - Delinquent assessments--Compromise, abatement, or reallocation. - 46A-7-36. Delinquent assessments--Compromise, abatement, or reallocation. If the board of...

Section 46A-7-37 - Delinquent assessments--Sales of land, bidding in by board of directors, striking off land to district, certificate of tax sale. - 46A-7-37. Delinquent assessments--Sales of land, bidding in by board of...

Section 46A-7-38 - Special revenue fund for purchase of tax certificates and titles--Purpose--Resolution--Payment of taxes, assessments, interest, and penalties. - 46A-7-38. Special revenue fund for purchase of tax certificates and...

Section 46A-7-39 - Taxes paid by district--Distribution by county treasurer--Redemption or sale of property--Deposit of proceeds. - 46A-7-39. Taxes paid by district--Distribution by county treasurer--Redemption or sale...

Section 46A-7-40 - Expenditure from special revenue fund--Transfer of balance in inactive fund to debt service fund. - 46A-7-40. Expenditure from special revenue fund--Transfer of balance in inactive...

Section 46A-7-41 - Tax sale certificate issued to county--Purchase by district--Purchase price, payment by board of directors. - 46A-7-41. Tax sale certificate issued to county--Purchase by district--Purchase price,...

Section 46A-7-42 - Land sold at tax sale to district--Tax deed, issuance to holder of certificate of tax sale in the absence of redemption. - 46A-7-42. Land sold at tax sale to district--Tax deed, issuance...

Section 46A-7-43 - Tax deed issued to district--Sale of land--Price. - 46A-7-43. Tax deed issued to district--Sale of land--Price. After the...

Section 46A-7-44 - Land not subject to sale for delinquent taxes before delivery of water. - 46A-7-44. Land not subject to sale for delinquent taxes before...

Section 46A-7-45 - Warrants of districts--Limitation on amount issued--Additional levy. - 46A-7-45. Warrants of districts--Limitation on amount issued--Additional levy. No irrigation...

Section 46A-7-46 - Claims against fund fully paid--Transfer of unused balance. - 46A-7-46. Claims against fund fully paid--Transfer of unused balance. If...

Chapter 08 - Water Users' Associations

Section 46A-8-1 - Association organized under state law in conformity with federal law--Amendment of articles of incorporation, purposes. - 46A-8-1. Association organized under state law in conformity with federal...

Section 46A-8-2 - Proposed amendment of articles of incorporation of association, time and manner of making, submission to shareholders, publication. - 46A-8-2. Proposed amendment of articles of incorporation of association, time...

Section 46A-8-3 - Bylaws of association--Repeal and amendment, submission of proposition to shareholders, publication. - 46A-8-3. Bylaws of association--Repeal and amendment, submission of proposition to...

Section 46A-8-4 - Acceptance of association books for public record by county commissioners--Recording of stock subscriptions--Charges. - 46A-8-4. Acceptance of association books for public record by county...

Section 46A-8-5 - Election of officers and directors of association. - 46A-8-5. Election of officers and directors of association. At all...

Section 46A-8-6 - Assessments against shareholders--Purpose--Bylaws--Nonpayment. - 46A-8-6. Assessments against shareholders--Purpose--Bylaws--Nonpayment. Any water users' association organized under...

Section 46A-8-7 - Lien of association for unpaid assessments--Priority--Duration--Foreclosure and sale of land. - 46A-8-7. Lien of association for unpaid assessments--Priority--Duration--Foreclosure and sale of...

Section 46A-8-8 - Authority of association to transfer assets to municipality. - 46A-8-8. Authority of association to transfer assets to municipality. Any...

Chapter 09 - Water User Districts

Section 46A-9-1 - Purpose of chapter. - 46A-9-1. Purpose of chapter. Conservation of the state's water resources...

Section 46A-9-2 - Definition of terms. - 46A-9-2. Definition of terms. Terms used in this chapter mean:...

Section 46A-9-3 - Organization--Actions by and against--Creation and incorporation. - 46A-9-3. Organization--Actions by and against--Creation and incorporation. A water user...

Section 46A-9-4 - Petition for organization of district--Filing with and approval by board--Contents. - 46A-9-4. Petition for organization of district--Filing with and approval by...

Section 46A-9-5 - Lands included in district. - 46A-9-5. Lands included in district. The lands proposed to be...

Section 46A-9-6 - Organization within territorial boundaries of another district. - 46A-9-6. Organization within territorial boundaries of another district. Nothing in...

Section 46A-9-7 - Directors--Election at large or from election divisions--Boundaries of divisions - 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. - 46A-9-8. Grouping of directors elected at large--Term of office. In...

Section 46A-9-9 - Petition for organization of district--Number of signatures required--Name, post office address, and location of land of petitioner. - 46A-9-9. Petition for organization of district--Number of signatures required--Name, post...

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

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

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. - 46A-9-12. Examination of petition by Department of Water and Natural...

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

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

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

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. - 46A-9-16. Declaration of feasibility of proposed project and conformance to...

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

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

Section 46A-9-19 - Additional territory, inclusion in district. - 46A-9-19. Additional territory, inclusion in district. The procedure for extending...

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

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

Section 46A-9-22 - Publication of notice for extension of district--Filing of protest. - 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. - 46A-9-23. Action by Board of Water and Natural Resources on...

Section 46A-9-23.1 - Exclusion of lands from district--Grounds--Procedure. - 46A-9-23.1. Exclusion of lands from district--Grounds--Procedure. If the board of...

Section 46A-9-23.2 - Notices of hearing on exclusion--Protests. - 46A-9-23.2. Notices of hearing on exclusion--Protests. Following the setting of...

Section 46A-9-24 - Members of board of directors succeeding original board--Nomination and election--Term of office. - 46A-9-24. Members of board of directors succeeding original board--Nomination and...

Section 46A-9-25 - Hour and place of election. - 46A-9-25. Hour and place of election. The board of directors...

Section 46A-9-26 - Election of directors--Voting rights. - 46A-9-26. Election of directors--Voting rights. Every owner of land and...

Section 46A-9-27 - Notice of election time, place, and purpose--Mailing or publication. - 46A-9-27. Notice of election time, place, and purpose--Mailing or publication....

Section 46A-9-28 - Registration of voters--Conduct of election--Costs. - 46A-9-28. Registration of voters--Conduct of election--Costs. At the time and...

Section 46A-9-29 - Candidate to fill vacancy or succeed an outgoing director--Vote necessary for election. - 46A-9-29. Candidate to fill vacancy or succeed an outgoing director--Vote...

Section 46A-9-30 - Director to be landowner or entryman. - 46A-9-30. Director to be landowner or entryman. No person is...

Section 46A-9-31 - Removal of members of board of directors from office--Grounds--Procedure. - 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. - 46A-9-32. Vacancies on board of directors--Declaration of existence--Filling--Member elected to...

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

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

Section 46A-9-35 - Bond of treasurer. - 46A-9-35. Bond of treasurer. The treasurer shall furnish and maintain...

Section 46A-9-36 - Corporate powers of district vested in board of directors. - 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. - 46A-9-37. Bylaws and procedures--Adoption by board of directors--Minutes of meetings--Records...

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

Section 46A-9-39 - Powers of district. - 46A-9-39. Powers of district. A water user district organized under...

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

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

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...

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

Section 46A-9-44 - Extraterritorial powers of district. - 46A-9-44. Extraterritorial powers of district. The district may exercise any...

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

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

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...

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

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

Section 46A-9-49 - Grants or loans--Gifts. - 46A-9-49. Grants or loans--Gifts. Any water user district organized under...

Section 46A-9-50 - Cooperation with United States in acquisition and disposition of property. - 46A-9-50. Cooperation with United States in acquisition and disposition of...

Section 46A-9-51 - Eminent domain laws applicable to irrigation districts apply. - 46A-9-51. Eminent domain laws applicable to irrigation districts apply. All...

Section 46A-9-52 - Contracts governed by public agency procurement law. - 46A-9-52. Contracts governed by public agency procurement law. Any water...

Section 46A-9-53 - Filing of plans and specifications--Advertisement for bids. - 46A-9-53. Filing of plans and specifications--Advertisement for bids. Before publication...

Section 46A-9-54 - Contracts for proposed construction work--Employment of citizens of state--Bond of contractor. - 46A-9-54. Contracts for proposed construction work--Employment of citizens of state--Bond...

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

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

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

Section 46A-9-58 - Refunding of district obligations. - 46A-9-58. Refunding of district obligations. Such resolution or agreement may...

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

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South Dakota Codified Laws Title 46A - Water Management

South Dakota Codified Laws
Title 46A - Water Management