State of South Dakota

South Dakota Legislature

South Dakota Codified Laws

 
46A-4 ORGANIZATION, BOUNDARIES AND DISSOLUTION OF IRRIGATION DISTRICTS
CHAPTER 46A-4

ORGANIZATION, BOUNDARIES AND DISSOLUTION OF IRRIGATION DISTRICTS

46A-4-1      Creation of irrigation district--Filing petition--Number of electors required.
46A-4-2      Elector defined.
46A-4-3      Petition to organize irrigation district--Number of signers--Boundaries to be described--Request for organization.
46A-4-3.1      Petition--Signing by electors--Form--Affidavit of circulator.
46A-4-4      Petition for formation of irrigation district--Map of proposed district to accompany, contents.
46A-4-4.1      Notice of hearing to consider petition--Publication--Contents--Approval of petition--Fixing date for election.
46A-4-5 to 46A-4-7.      Repealed.
46A-4-8      Inclusion in irrigation district of lands capable of being irrigated from works in proposed district.
46A-4-9      Ditches or canals constructed prior to July 1, 1917, and lands watered thereby--Exemption from chapter, exception--Rights of ditches already constructed not affected.
46A-4-10      Holding or taxing nonirrigable land for irrigation purposes.
46A-4-11      Repealed.
46A-4-12      Change in proposed boundaries by Board of Water and Natural Resources--Exclusion from district upon request.
46A-4-13      Repealed.
46A-4-14      District divided into divisions by board--Size and number--Election of directors--Terms--Assessment of property within district.
46A-4-14.1      Division representing tribal or trust lands--Excepted from chapter.
46A-4-15      Notice of election on proposed district--Date of election--Contents of notice--Publication--Ballot form.
46A-4-15.1, 46A-4-16.      Repealed.
46A-4-17      Persons qualified to vote at elections for organization of irrigation district.
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-4-19      Election procedure--Applicability of general laws--Resolution declaring district organized--District as political subdivision.
46A-4-20      Resolution declaring district organized--Filing for record.
46A-4-21      Election of director for each division.
46A-4-22      Unentered public lands a major portion of district--Appointment of majority of directors by secretary of interior, qualifications, term of office.
46A-4-23      Directors elected at large as a result of appointment of majority of directors by secretary of interior--Term of office.
46A-4-24      Directors elected at election to establish district--Terms of office--Tie election, procedure.
46A-4-25      Directors--Annual election--Nomination--Election by receiving highest number of votes--Date for elections.
46A-4-26      Hours of voting.
46A-4-27      Directors to be electors of division--Residence.
46A-4-27.1      Nominating petitions for initial board of directors--Election not required if only one petition--Notice of vacancies and election--Results and certificate of election.
46A-4-28      Nominating petition for directors--Filing--Form--Signers.
46A-4-29      Repealed.
46A-4-30      Election not required where no question or contest--Retention of office by incumbent.
46A-4-31      Notices of election after organization of district--Publication and posting.
46A-4-32      Elections after district organized and first set of directors elected--Voting by mail.
46A-4-33      Precinct election officers--Appointment by board of directors or electors.
46A-4-34      Precinct election boards--Chairman, duties--Administration and certification of oaths.
46A-4-35      Precinct election boards--Oaths of members, administration, and certification.
46A-4-36      Canvass of votes by board of directors--Time and place--Made in public--Want of form insufficient ground for rejection of list, tally paper, or certificate.
46A-4-37      Results of election--Declaration by board of directors--Certificate of election, execution, and delivery by secretary of board.
46A-4-38      Statement of election results--Filing--Contents.
46A-4-39      Vacancy in office of board of directors--Filling--District treasurer appointed by board.
46A-4-40      Elected directors--Qualifying--Term of office--Time for assumption of duties.
46A-4-41      Directors' and officers' oath of office--Official bonds.
46A-4-42      District appointed fiscal agent of United States to collect money in connection with federal reclamation project--Additional bond required of officers, approval, recording, and filing--Right to sue on bond.
46A-4-43      Bond of officers and directors--Form--Obligee--Cost of surety bonds, payment by the district.
46A-4-44      Organization meeting of board of directors--Election of president and vice-president--Appointment of secretary.
46A-4-45      Meetings of directors--Special meetings--Open to public--Quorum--Vote required for action.
46A-4-46      Records of board of directors open for inspection--Publication of statement of proceedings--Filing of list of expenditures.
46A-4-47      Compensation of district directors--Payment from district fund.
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-4-49      Interest in contract of district or acceptance of bribe by director or officer as felony.
46A-4-50      Boundaries of irrigation district, change--Inclusion or exclusion of land--Effect of change.
46A-4-51      Common school and endowment irrigable lands within district--Sale--Inclusion in district.
46A-4-52      Irrigation district contracting with United States--Change of boundaries, assent of secretary of interior necessary.
46A-4-53      Petition for inclusion of tract of land within boundaries of irrigation district--Contents.
46A-4-54      Fiduciaries, signing of petitions for organization of district or changing boundaries of district.
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-4-56      Hearing of petition for change of boundaries of irrigation district by board of directors--Adjournment--Assent to change.
46A-4-57      Rejection of petition for change of boundaries of irrigation district by board of directors--Resolution of board ordering change of boundaries, contents.
46A-4-58      Land not included in irrigation district unless owner or lessee obligated to pay assessments or charges.
46A-4-59      Petition for change of boundaries of irrigation district--Condition precedent to granting--Payment of share of original cost by petitioners.
46A-4-60      Board order for election on filing of protests--Publication of notice--Ballots--Boundary descriptions.
46A-4-61      Order of board in conformity with election results on boundary change.
46A-4-62      Order of board of directors changing boundary of irrigation district--Certified copy, recording--Effect of change.
46A-4-63      Petition for change of boundaries of irrigation district--Recording in minutes of board of directors, admissibility as evidence.
46A-4-64      Redivision of district--Additional land included in boundaries of irrigation district--Election precincts.
46A-4-65      Exclusion of contiguous tracts of land from irrigation district--Petition by owners, contents, acknowledgment.
46A-4-66      Notice of petition to exclude land--Publication--Contents--Time for hearing.
46A-4-67      Hearing on petition to exclude land from irrigation district--Assent of parties interested.
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-4-69      Granting or denial of petition to exclude land from irrigation district--Best interests of district.
46A-4-70      Election ordered on exclusion after objections filed--Publication of notice--Contents--Conduct of election.
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-4-72      Order excluding land from irrigation district--Entry in minutes of board of directors--Filing and recording--Effect of order.
46A-4-73      Exclusion of land from irrigation district--Refunding of assessments.
46A-4-74      Exclusion of land from irrigation district--Effect of change on office of director.
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-4-76      Resolution to exclude unproductive lands from district--Reasons--Service on owners and residents--Publication of notice.
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-4-78      Motion to reconsider exclusion of unproductive lands--Time--Appeal to circuit court--Contents--Trial--Filing of final resolution.
46A-4-79      Rearrangement or reapportionment of district divisions upon exclusion of lands- -Effects of exclusion--Procedural defects--Resolutions and bylaws.
46A-4-80      Subirrigated land--Relief from district assessments--Suspension order by board of directors, recording of certified copy of order with register of deeds.
46A-4-81      Dissolution of irrigation district--Petition by majority of assessment payers--Submission to voters at special election--Calling of election by board of directors--Notice of election, publication and posting.
46A-4-82      Dissolution of irrigation district contracting with United States--Assent of secretary of interior required.
46A-4-83      Election on dissolution of irrigation district--Ballots, form and contents, deposit with election officers--Conduct of election.
46A-4-84      Election on dissolution of irrigation district--Returns and ballots, certification by election boards--Canvass of returns and declaration of result by board of directors--Recording of result.
46A-4-85      Majority vote against dissolution of irrigation district--Another election during year forbidden.
46A-4-86      Majority vote for dissolution of irrigation district--Notice by board of directors to creditors of district--Settlement of claims.
46A-4-87      Dissolution of irrigation district--Raising of money to pay debts--Valuation of property of district by appraisers--Appointment of appraisers--Report of appraisers to board of directors.
46A-4-88      Sale of property by board of directors--Advertisement--Notice of sale--Consideration of bids of purchasers by board of directors.
46A-4-89      Rejection of bids for purchase of property--Private negotiations for sale by board of directors, deferred payments.
46A-4-90      Purchasers of property on dissolution of irrigation district--Additional security for deferred payments--Collection.
46A-4-91      Bonds and obligations of irrigation district--Redemption by board of directors after sale of property on dissolution of district.
46A-4-92      Payment of outstanding obligations with proceeds of property sales--Prices paid.
46A-4-93      Proceeds of sale of property on dissolution of irrigation district insufficient to pay debts--Assessments against lands in the district.
46A-4-94      Dissolution of irrigation district--Disposal of property--Payment of obligations--Report of board of directors, filing and recording--Contents--Failure to sue on unpaid claim, effect.
46A-4-95      Validation of previously created irrigation districts.


Title 46A
Search Text: