South Dakota

46-10-1. Action for general adjudication of water or water use rights--When attorney general to bring.

46-10-1.1. Procedure in actions for general adjudication.

46-10-1.2. Orders in actions involving one hundred or more defendants.

46-10-2. Jurisdiction and venue of action for general adjudication.

46-10-2.1. Deposit of documents and orders with court.

46-10-2.2. Documents and orders as prima facie evidence--Certified copies admissible.

46-10-2.3. Powers and duties of court conducting general adjudication.

46-10-3. Parties to action for general adjudication.

46-10-3.1. Adding additional defendants as parties.

46-10-3.2. Commencement of action for general adjudication--Service.

46-10-3.3. Defendants numbering one hundred or more--Commencement of action--Service.

46-10-3.4. Captioning complaint for general adjudication.

46-10-4. 46-10-4. Repealed by SL 1980, ch 305, § 7

46-10-4.1. Action to determine conflicting water or water use rights--Court's powers and duties--Caption of action.

46-10-5. Action for general adjudication or to determine conflicting water rights--Copies of complaints mailed to Water Management Board.

46-10-6. Action for general adjudication or to determine conflicting rights--Proof of notice of suit to water management board.

46-10-7. Intervention by attorney general.

46-10-8. Judgment in action for general adjudication or to determine conflicting rights--Certified copy filed with board.

46-10-8.1. Appointment of water master to administer interim or final decree.

46-10-9. 46-10-9 to 46-10-12. Repealed by SL 1983, ch 314, §§ 158 to 161

46-10-13. Appeal to board from acts or decisions of water master--Appeal to circuit court.

46-10-14. 46-10-14 to 46-10-26. Repealed by SL 1983, ch 314, §§ 163 to 175

46-10-27. 46-10-27. Transferred to § 46-10A-16

46-10-28. 46-10-28. Repealed by SL 1983, ch 314, § 177

46-10A-1. Establishment of area--Petition of chief engineer.

46-10A-2. Establishment of area--Petition of water right holders.

46-10A-3. Identification of lands and waters in petition.

46-10A-4. Hearing on petition--Publication and notice.

46-10A-5. Approval of petition--When required.

46-10A-6. Water master--Appointment--Agent of board.

46-10A-7. Water master--Duties.

46-10A-8. Water measuring devices--Order for installation.

46-10A-9. Fee assessed--Maximum amount--Annual payment.

46-10A-10. 46-10A-10. Repealed by SL 2006, ch 2, § 32.

46-10A-11. Violations of orders of board or water master.

46-10A-12. Petition of chief engineer to abolish area, suspend operation, change boundaries, amend powers of or suspend water master, or adjust administration of area.

46-10A-13. Petition as in § 46-10A-12 by water rights holders.

46-10A-14. Hearing on petition under § 46-10A-12 or 46-10A-13--Publication and notice.

46-10A-15. Approval of petition under § 46-10A-12 or 46-10A-13--When required.

46-10A-16. Appeal from board actions relating to establishment or administration of area.

46A-10A-1. Definitions.

46A-10A-2. County drainage commission--Appointment--Filling vacancies--Majority required to act--Ex officio members.

46A-10A-3. Term and removal of members.

46A-10A-4. Meetings.

46A-10A-5. Compensation of members.

46A-10A-6. Employment of personnel.

46A-10A-7. Assistance by units of state government--Expense reimbursement.

46A-10A-7.1. Maintenance of correspondence file--Correspondence marked with date of receipt--Term of retention.

46A-10A-8. State Water Management Board, districts, and existing water rights unaffected--Effect on drainage districts.

46A-10A-9. Joint drainage efforts by counties.

46A-10A-9.1. Petition for assistance in development of intercounty drainage plan--Board defined.

46A-10A-9.2. Meeting to develop mutually acceptable joint county drainage activities.

46A-10A-9.3. Recommendation, notice, and hearing before Water Management Board--Cost of publication--Implementation.

46A-10A-9.4. Limitation on effectiveness of action required by Water Management Board.

46A-10A-9.5. Action required by board to be included in county drainage plan--Not subject to referendum procedure.

46A-10A-10. Joint powers agreements by local units of government as to drainage.

46A-10A-11. Agreements for receipt of federal or state funds for drainage.

46A-10A-12. Municipality contracting with county for services--Fees.

46A-10A-13. Joint county-municipal drainage activities.

46A-10A-14. Board to provide funds, equipment, and accommodations for county drainage activity.

46A-10A-15. Adoption of emergency drainage measures--Hearing--Notice--Limited term--Renewal.

46A-10A-16. County drainage plan--Preparation--Adjuncts--Considerations.

46A-10A-17. Purposes of drainage plan.

46A-10A-18. Drainage projects and coordinated drainage areas authorized.

46A-10A-19. Maps authorized.

46A-10A-20. Legal controls for drainage management--Right to continue existing drainage.

46A-10A-21. Official controls not limited.

46A-10A-22. Publication of notice of hearing on proposed drainage plan.

46A-10A-23. Board action on plan by ordinance or resolution.

46A-10A-24. Filing and publication of board action on plan--Effective date of plan--Public inspection.

46A-10A-25. Petition for election on adoption of plan--Notice of election--Ballots--Suspension of effective date--Inconsistent drainage efforts prohibited.

46A-10A-26. Rejection of plan by voters--Revision, filing, and publication.

46A-10A-27. Filing copy of adopted official control.

46A-10A-28. Approval required for rehabilitation or construction of drain covered by plan--Board review of commission decision.

46A-10A-29. Failure of commission to act as approval--Extension of period by board.

46A-10A-30. Permit system for drainage authorized--Fee--Modification of drainage--Use of unrecorded right--Penalty--Official control.

46A-10A-31. Recording existing drainage rights--Information required--Disputing rights--Appeals--Recording final decision.

46A-10A-31.1. Notice of recording requirements.

46A-10A-31.2. Local governments exempt from recording requirements.

46A-10A-32. Copy of recorded vested right to department.

46A-10A-33. Enforcement of chapter and official controls.

46A-10A-34. Adjudication functions of commission or board.

46A-10A-34.1. Board of adjudication by mutual agreement--Jurisdiction.

46A-10A-35. Appeals from commission and board--Time allowed--Commencing action in circuit court.

46A-10A-36. Regulation and elimination of nonconforming drains.

46A-10A-37. Amendment and repeal of drainage plan--Request by petition.

46A-10A-38. Petition by landowner for change of drainage restrictions--Notice to directly affected persons.

46A-10A-39. Hearing on petition--Commission recommendation to board.

46A-10A-40. Affected person's right to be heard--Resolution adopting or rejecting proposal--Review, publication, and effective date of adoption--Election.

46A-10A-41. Drainage plan or official controls for municipality--Approval or contract by municipality required for effectiveness.

46A-10A-42. Jurisdiction of incorporated municipality.

46A-10A-43. Drainage district continuation and dissolution--County plan to include districts, vested rights and plans or projects of local government units and coordinated drainage areas.

46A-10A-43.1. Petition for future maintenance of drain jointly and voluntarily maintained by landowners within ten years of July 1, 1985.

46A-10A-43.2. Signing of petition--Contents.

46A-10A-43.3. Presentation of petition--Filing--Transmittal to Department of Agriculture and Natural Resources--Hearing.

46A-10A-43.4. Opportunity to appear at hearing--When granted--Resolution by board as to maintenance of drain.

46A-10A-44. Recommendation that state's attorney seek injunction or other court action to prevent or abate violation.

46A-10A-45. Mandamus proceedings authorized.

46A-10A-46. Control of drainage construction, rehabilitation, or methods--Approval of board.

46A-10A-47. Coordinated drainage area--Application for establishment--Inconsistency with county plan or controls barring formation--Validity of information in county in process of adopting plan or controls.

46A-10A-48. Survey and map of proposed coordinated drainage area required--Availability for examination.

46A-10A-49. Form, verification, signatures, filing, and presentation of application for establishment of area.

46A-10A-50. Order establishing area subject to voters' approval--Notice of election--Exemption from election requirement.

46A-10A-51. Publication of election notice.

46A-10A-52. Hours polls open--Costs of election.

46A-10A-53. Establishment of area effective on voters' approval--Waiting period after rejection by voters.

46A-10A-54. Appointment and duties of election officers--Order declaring area established--Conclusiveness of order.

46A-10A-55. Expenditure of county funds for application for coordinated drainage area--Assessment of costs from benefiting landowners.

46A-10A-56. Public lands subject to drainage laws--Service of notices--Appearance by board or officer in charge.

46A-10A-57. Responsibilities for drainage projects.

46A-10A-58. Signatures required for board action on drainage project petition.

46A-10A-59. Contents of drainage project petition.

46A-10A-60. Presentation and filing of petition--Time for board action--Copy to department.

46A-10A-61. Survey and report contracted by board--Contents--Right of entry--Copy to department.

46A-10A-62. Survey report to be written--Inspection--Scheduling hearing--Notice requirements.

46A-10A-63. Appearances at hearing--Establishment of project--Variation from report--Adjournment of hearing--Notices.

46A-10A-64. Assistance by department--Reimbursement of expenses.

46A-10A-65. Denial of petition or establishment of project--Findings required.

46A-10A-66. Assessments authorized--Expenses paid.

46A-10A-67. Acquisition of easements.

46A-10A-68. Damages due to project--Determination--Hearing--Appeal.

46A-10A-69. Naming project--Record of proceedings.

46A-10A-70. Permissible drainage of land.

46A-10A-71. Drains along or across highways.

46A-10A-72. Open ditches restricted along highways.

46A-10A-73. Drains along and across railroads--Costs.

46A-10A-74. Construction of drainage facilities across railroads--Costs.

46A-10A-75. Construction contracts--Bids--Preference of landowners--Bond of contractor--Construction without contract.

46A-10A-76. Highway bridges and culverts--Construction--Maintenance--Modification--Costs.

46A-10A-77. Construction and contracting powers of board.

46A-10A-78. Maintenance and improvement of existing drains, watercourses, and levees.

46A-10A-79. Apportionment of original cost to annexed area when project extended.

46A-10A-80. Maintenance of drains--Assessment of costs.

46A-10A-81. Jurisdiction of improved existing drain--Maintenance--Assessments.

46A-10A-82. Maintenance without notice--Actions authorized.

46A-10A-83. Petition for repair or improvement of drain.

46A-10A-84. Repairs without contract--Cost reimbursement.

46A-10A-85. Replacing drain as repair.

46A-10A-86. Improvements--Survey and cost estimate--Ordering without notice.

46A-10A-87. Improvements requiring notice and hearing--Reclassification of benefits--Appeal.

46A-10A-88. Assessment of maintenance and improvement costs.

46A-10A-89. Maintenance and assessments for drainage work in more than one county.

46A-10A-90. Injury or obstruction of drainage as misdemeanor--Civil liability.

46A-10A-91. Drain or watercourse constructed to prevent entry of water as nuisance--Exception.

46A-10A-92. Abandonment of project--Procedure.

46A-10A-93. Approval required to alter drainage rights established with federal or state funds.

46A-10A-94. Accounts of expenditures maintained--Inspection.

46A-10A-95. Appeal by state as to public lands.

46A-10A-96. Stay of proceedings on appeal--Bond--Damages.

46A-10A-97. Costs on appeal.

46A-10A-98. Drainage district management by Board of Trustees.

46A-10A-99. Petition for election.

46A-10A-100. Election meeting--Appointments.

46A-10A-101. Publication of notice of election--Votes by proxy.

46A-10A-102. Election board to procure district records preceding election--Elected trustees to act as record custodians--Updates to district records.

46A-10A-103. Voting rights of title holder.

46A-10A-104. Landowner or joint landowners entitled to one vote collectively--Voting rights of minor or protected person.

46A-10A-105. Voting through agent or proxy--Power of attorney to specify election for which it is used--Delivery of power of attorney.

46A-10A-106. Superintendent's responsibilities--Manner and purpose of elections.

46A-10A-107. Ballots and poll list--Ballot delivery.

46A-10A-108. Vote count--Determination of election results--Election materials to be retained for sixty days.

46A-10A-109. Results of election to determine length of term.

46A-10A-110. Trustees to appoint superintendent and clerks for subsequent election board--Determination of compensation of election board.

46A-10A-111. Succeeding annual trustee elections.

46A-10A-112. Trustee qualifications.

46A-10A-113. Appointment to fill vacancy.

46A-10A-114. Compensation of trustees and clerk of board--Filing requirements.

46A-10A-115. Election of chair and clerk of board.

46A-10A-116. Powers and duties of board of trustees.

46A-10A-117. Costs and expenses--Levy.

46A-10A-118. Assessment on real property.

46A-10A-119. Tax--Tax fund.

46A-10A-120. Issuance of improvement certificates and drainage bonds.

46A-10A-121. Record of official acts and proceedings--Filing of financial report--Examination of report.

46A-10A-122. Grievances--Mediation.

46A-10A-123. Special election--Notice.

46A-10B-1. Definition of terms.

46A-10B-2. Counties or municipalities authorized to establish drainage basin utility districts.

46A-10B-3. Joint powers agreement required.

46A-10B-4. Joint powers agreement--Contents.

46A-10B-4.1. Amendment to agreement--Adding to or deleting from district.

46A-10B-5. Hearing required--Timing and attendance.

46A-10B-6. Publication of proposed agreement or amendment prior to hearing--Contents.

46A-10B-7. Approval and execution of agreement--Establishment or adjustment of district.

46A-10B-8. Boundaries.

46A-10B-9. Agreement to designate and define composition of governing body--Requirements--Powers.

46A-10B-10. Certain actions prohibited without county or municipal government approval.

46A-10B-11. Required notice--Contents.

46A-10B-12. Drainage basin utility district as municipal utility.

46A-10B-13. Additional administrative powers of governing body.

46A-10B-14. Effect of chapter upon Water Management Board and certain other state laws.

46A-10B-15. Establishment of district no guarantee flooding or damage will be eliminated.

46A-10B-16. Assessment of basins--Governing body to designate installation of facilities and method of assessment.

46A-10B-17. Benefit versus cost analysis required.

46A-10B-18. Adoption of master drainage plan and stormwater map--Contents--Revisions.

46A-10B-19. Solicitation of entities to carry out plan--Furnishment of maps.

46A-10B-20. Establishment of stormwater basin development and utility fees--Assessments against individual properties.

46A-10B-21. Payment of development fee as condition for development--Purpose and amount of fee.

46A-10B-22. Imposition of stormwater utility fee--Purpose, amount and separate components of fee.

46A-10B-23. Fees deposited in fund--Purpose.

46A-10B-24. Collection of unpaid charges--Lien created--Enforcement of provisions of chapter.

46A-10B-25. Owner's right to dispute fees or other determinations--Petition and hearing.

46A-10B-26. Reduction of fees upon completion or implementation of plan.

46A-10B-27. Application of fees or charges.

46A-10B-28. Accumulation of funds authorized.

46A-10B-29. Issuance of bonds authorized.

46A-10B-30. Drainage report and construction plans--Requirements for subdivision approval.

46A-10B-31. Contract with developer--Reimbursement of actual costs incurred.

46A-10B-32. Collection of charge from abutting property developer--Conditions--Repayment of original installer.

46A-10B-33. Stormwater facility property of governing body--Responsibility for operation and maintenance.

46A-10B-34. Technical assistance provided by Board of Water and Natural Resources and Department of Agriculture and Natural Resources.

46A-10B-35. Board to consider certain provisions and guidelines in establishing ordinances or procedures.

46A-10B-36. Dissolution of district.

46A-10B-37. Content and form of petition for dissolution.

46A-10B-38. Filing of petition.

46A-10B-39. Publication of petition prior to filing--Content.

46A-10B-40. Authority of circuit court to dissolve district.

46A-10B-41. Petition to suspend or cancel project--Content and form.

46A-10B-42. Publication of petition to cancel or suspend project--Requirements.

46A-10B-43. Authority of circuit to suspend or cancel project--Amendment of master plan.