State of South Dakota

South Dakota Legislature

South Dakota Codified Laws

 
46A-14 WATERSHED DISTRICTS
CHAPTER 46A-14

WATERSHED DISTRICTS

46A-14-1      Purpose of chapter--Construction and administration.
46A-14-2      Definition of terms.
46A-14-3      Formation of watershed district in conservation districts--Petition to hold hearings and put to vote--Boundaries--Appointment of first board of managers.
46A-14-4      Watershed districts--Conservation purposes authorizing establishment.
46A-14-5      Watershed districts--Initiating petition for establishment, filing, number of signatures required.
46A-14-6      Watershed districts--Contiguous land ownerships.
46A-14-7      Watershed districts--Inclusion of municipalities.
46A-14-8      Watershed districts--Petition for establishment--Contents.
46A-14-9      Repealed.
46A-14-10      Determination of status of petitioners--Certification to conservation district.
46A-14-11      Petition for establishment of watershed district--Receipt by conservation district, acknowledgment, preliminary report, adjustment of boundaries.
46A-14-12      Conservation commission duties as to watershed projects.
46A-14-13      Time and place for hearing on initiating petition--Publication of notice--Contents.
46A-14-14      Hearing by conservation district on petition--Right of interested persons to be heard.
46A-14-15      Organization of proposed watershed district--Submission of question to vote of landowners.
46A-14-16      Referendum on petition unnecessary where signed by sixty percent or more of the landowners.
46A-14-17      Organization of proposed watershed district--Submission of question to vote of landowners, publication of notice.
46A-14-18 to 46A-14-25.      Repealed.
46A-14-26      Result of referendum on organization of watershed district--Sixty percent or more voting in favor of organization--Procedure for organization.
46A-14-27      Result of referendum--Defeat of proposition to form a watershed district--Resubmission of proposal.
46A-14-28      Certification of favorable petition or vote--Creation of watershed district by conservation district supervisors, designation of name, certified copy of order, filing of order with secretary of state.
46A-14-29      Order of conservation district supervisors creating watershed district--Mailing copy to managers of district.
46A-14-30      Boundaries of watershed district--Minor adjustments by managers without referendum, exception.
46A-14-31      Annexation of additional areas to watershed district--Procedure.
46A-14-32      Combining of two or more watershed districts into one district--Procedure.
46A-14-33      Abolishment of original watershed district upon combining districts or annexing additional territory--Certification to secretary of state.
46A-14-34      Powers of watershed district--Perpetual existence--Right to sue and be sued--Eminent domain--Taxes and assessments--Borrowing of money.
46A-14-35      Oath of office of managers--Filing with conservation district.


46A-14-36      Organization of district by managers--Selection of officers--Appointment of nonmember as secretary-treasurer, compensation, bond--Providing necessary equipment.
46A-14-37      Annual election of managers of district by landowners--Term of office.
46A-14-38      Candidates for election as members of board of managers--Filing of application with secretary of board of managers--Qualifications.
46A-14-39      Vacancies in board of managers--Filling by appointment by remaining managers, term of office.
46A-14-40      Advisory committee--Appointment by board of managers--Number of members--Duties.
46A-14-41      Personnel of district, employment by board of managers, duties and compensation--Cost as part of project--Bond for performance of duties, amount, premium paid from district fund.
46A-14-42      Compensation of board members--Limitation.
46A-14-43      Duties of board of managers--Adoption of seal--Record of business transacted--Bylaws and regulations, adoption--Meetings, notice.
46A-14-43.1      District bylaws may be proposed by petition--Approval by board and special election.
46A-14-44      Conservation practices within the scope of proposed project--Power of board of managers to effectuate.
46A-14-45      Vested water rights--Exclusion from operation of chapter.
46A-14-46      Vested drainage rights--Exclusion from operation of chapter.
46A-14-47      General improvement plan within district--Adoption by managers, consultation with advisory committee and district supervisors of conservation district--Contents--Estimated benefits--Method of financing--Examination by board, report of recommendations.
46A-14-48      Determination of priority of specific projects--Surveys of work--Estimates--Reports of engineer, filing, public inspection.
46A-14-49      Board of Water and Natural Resources--Designation as state agency to act for state with respect to federal watershed projects.
46A-14-50      General improvement plan prior to formation of watershed district--Undertaken by local people with sponsoring assistance--Considered adopted plan.
46A-14-51      Examination and hearings on plans--Resolution as to doing work and paying costs--List of benefited lands and owners.
46A-14-52      Evidences of indebtedness of district for payment of costs of project--Issuance in installments instead of levy of entire tax at one time.
46A-14-53      Contract with conservation districts for funding.
46A-14-54      Meeting of managers for hearing on apportionment of benefits resulting from improvement--Rights of interested parties--Determination of fair and just apportionment.
46A-14-55      Referendum on financing arrangement for improvement--Necessary number of votes in favor of proposal.
46A-14-56      Referendum on financing arrangement for improvement--Eligibility to vote on proposed general tax levies, special assessments--Determination of outcome, counting of votes.
46A-14-57      Contracts between managers and municipalities for annual payments by municipality to district in lieu of tax or special assessment levies--Favorable vote by voters of municipality required.
46A-14-58      Completion of apportionment of benefits by managers--Resolution approving tax or assessment levy on property outside corporate limits of municipalities, detailed report filed with county auditor, collection of district levy.
46A-14-59      Assessed valuation for district tax purposes--Limitation on land taxed.
46A-14-60      Annual general tax levy against land and buildings of taxpayer--Maximum amount.
46A-14-61      Taxes collected by county officials--Delivery to district secretary-treasurer.
46A-14-62      Interested party aggrieved by apportionment of benefits or levy of taxes and assessments--Appeal, procedure.
46A-14-63      No-fund warrants to pay district obligations--Issuance by board of managers following favorable vote of voters on financing arrangement, limitation.
46A-14-64      Long-term financing arrangement authorized by voters--Notice to landowners by board of managers.
46A-14-65      Special election on question of raising money to cover increased costs of district business or to be applied to supplemental improvements, calling by board of managers.
46A-14-66      Annual maintenance of watershed project--Duty of managers to provide--Project schedule--Budgets.
46A-14-67      Annual operation and maintenance budget, provisions--Reserve fund.
46A-14-68      Repealed.
46A-14-69      Budgeted operation and maintenance expense--Inclusion in tax assessment list by board of managers.
46A-14-70      Certification of taxes and assessments to county auditor by board of managers--Extension upon tax list--Collection and deposit.
46A-14-71      Contributions by board of county commissioners to watershed district supplies, labor, and equipment.
46A-14-72      Acquisition of real estate or easement therein by watershed district--Purchase--Condemnation, appraisal of premises involved.
46A-14-73      Contracts with United States and other agencies, powers of board of managers--Purposes--Referendum by voters of watershed district where contract will require increased levy of taxes or assessments.
46A-14-74      Funds of district--Deposit by secretary-treasurer in approved depository--Warrants.
46A-14-75      Claims against district, payment--Warrants, required signatures, registration.
46A-14-76      Services performed by county officials and Board of Water and Natural Resources free of charge.
46A-14-77      Engineer of district--Reports to board of managers.
46A-14-78      Secretary-treasurer of district--Annual report to board of managers.
46A-14-79      Annual reports of board of managers of district--Financial conditions--Status of projects--Business transacted.
46A-14-79.1      Annual audit of district when loan agreement in effect--Filing of copies.
46A-14-80      Operation of watershed district, investigation by board--Hearings, order to correct detrimental operation--Enforcement of order by injunction.
46A-14-81      Dissolution of district--Federal project not certified infeasible--Petition by landowners--Special election--Notice--Ballots.
46A-14-82      Dissolution of district--Federal project not certified infeasible--Special election--Percent required to dissolve--Notice to creditors--Auction-- Proration of funds remaining.
46A-14-83      Dissolution of district--Federal project not certified infeasible--Proposal defeated, three years before another vote on question.
46A-14-84      Dissolution of district--Request that federal project be certified infeasible--Board may proceed after certification.
46A-14-85      Dissolution of district--Federal project certified infeasible--Vote by board--Statement submitted to commission.
46A-14-86      Dissolution of district--Federal project certified infeasible--Public hearing before commission--Informal poll of voter opinion--Notice of meeting.
46A-14-87      Dissolution of district--Federal project certified infeasible--Determination whether to approve dissolution--Matters considered.
46A-14-88      Dissolution of district--Federal project certified infeasible--Effective date of dissolution.
46A-14-89      Dissolution of district--Federal project certified infeasible--Apportionment of funds and assets to conservation districts.
46A-14-90      Dissolution of district--Notice to secretary of state.
46A-14-91      Vested rights protected.
46A-14-92      Citation of chapter.


Title 46A
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