South Dakota
Title 46 · Chapter 46-4
105 entries
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46-4-1. Dry-draw on agricultural lands--Right to construct dam--Right or permit for dam on stream or dry-draw subject to prior appropriation.
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46-4-1.1. Nonnavigable stream--Right to construct and maintain dam.
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46-4-2. Upper users priority for domestic use--Exception--Contest resolution--Appeal.
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46-4-3. Location notice required--Filing.
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46-4-4. Location notice--Contents--Verification.
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46-4-5. Vested right to water from dry-draw.
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46-4-6. Time for construction and completion of dam.
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46-4-7. 46-4-7, 46-4-8. Repealed by SL 1992, ch 254, §§ 82, 83
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46A-4-1. Creation of irrigation district--Filing petition--Number of electors required.
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46A-4-2. Elector defined.
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46A-4-3. Petition to organize irrigation district--Number of signers--Boundaries to be described--Request for organization.
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46A-4-3.1. Petition--Signing by electors--Form--Affidavit of circulator.
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46A-4-4. Petition for formation of irrigation district--Map of proposed district to accompany, contents.
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46A-4-4.1. Notice of hearing to consider petition--Publication--Contents--Approval of petition--Fixing date for election.
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46A-4-5. 46A-4-5 to 46A-4-7. Repealed by SL 1984, ch 294, §§ 7 to 9
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46A-4-8. Inclusion in irrigation district of lands capable of being irrigated from works in proposed district.
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46A-4-9. Ditches or canals constructed before July 1, 1917, and lands watered by them--Exemption--Rights of ditches already constructed.
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46A-4-10. Holding or taxing nonirrigable land for irrigation purposes.
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46A-4-11. 46A-4-11. Repealed by SL 1984, ch 294, § 11
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46A-4-12. Change in proposed boundaries by board--Exclusion of certain lands from district.
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46A-4-13. 46A-4-13. Repealed by SL 1984, ch 294, § 13
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46A-4-14. District divided into divisions by board--Size and number--Election of directors--Terms--Assessment of property within district.
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46A-4-14.1. Division representing tribal or trust lands--Excepted from chapter.
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46A-4-15. Notice of election on proposed district--Date of election--Contents of notice--Publication--Ballot form.
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46A-4-15.1. 46A-4-15.1, 46A-4-16. Repealed by SL 1998, ch 36, §§ 52, 53
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46A-4-17. Persons qualified to vote at elections.
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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.
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46A-4-19. Election procedure--Applicability of general laws--Resolution declaring district organized--District as political subdivision.
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46A-4-20. Resolution declaring district organized--Filing for record.
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46A-4-21. Election of director for each division.
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46A-4-22. Unentered public lands a major portion of district--Appointment of majority of directors by secretary of interior--Term of office.
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46A-4-23. Directors elected at large as a result of appointment of majority of directors by secretary of interior--Term of office.
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46A-4-24. Directors elected at election to establish district--Terms of office--Tie election, procedure.
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46A-4-25. Annual election of directors--Nomination--Election by receiving highest number of votes.
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46A-4-26. Hours of voting.
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46A-4-27. Director requirements--Elector--Residence.
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46A-4-27.1. Transmittal of election results.
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46A-4-28. Nominating petition for directors--Filing--Form--Signers.
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46A-4-29. 46A-4-29. Repealed by SL 1984, ch 294, § 26
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46A-4-30. Election not required where no question or contest--Retention of office by incumbent.
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46A-4-31. Notices of election after organization of district--Publication and posting.
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46A-4-32. Elections after district organized and first set of directors elected--Voting by mail.
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46A-4-33. Precinct election officers--Appointment by board of directors or electors.
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46A-4-34. Chair of election board--Oaths.
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46A-4-35. Precinct election boards--Oaths of members, administration, and certification.
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46A-4-36. Canvass of votes by board--Time and place.
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46A-4-37. Declaration of election results--Certificate of election.
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46A-4-38. Statement of election results--Filing--Contents.
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46A-4-39. Vacancy in office of board of directors--Filling--District treasurer appointed by board.
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46A-4-40. Elected directors--Qualifying--Term of office--Time for assumption of duties.
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46A-4-41. Directors' and officers' oath of office--Official bonds.
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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.
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46A-4-43. Bond of officers and directors--Form--Obligee--Cost of surety bonds, payment by the district.
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46A-4-44. Organization meeting of board of directors--Election of president and vice-president--Appointment of secretary.
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46A-4-45. Meetings of directors--Special meetings--Open to public--Quorum--Vote required for action.
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46A-4-46. Records of board of directors open for inspection--Publication of statement of proceedings--Filing of list of expenditures.
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46A-4-47. Compensation of district directors--Payment from district fund.
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46A-4-48. Powers and duties of board of directors of district--Distribution and printing of bylaws and procedures--Water rights appurtenant to land.
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46A-4-49. Interest in contract of district or acceptance of bribe by director or officer as felony.
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46A-4-50. Change of irrigation district boundaries--Exclusion of land within boundaries.
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46A-4-51. Common school and endowment irrigable lands within district--Sale--Inclusion in district.
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46A-4-52. Assent of secretary of interior necessary for change in boundaries of district contracting with United States.
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46A-4-53. Petition for inclusion of tract of land within boundaries of irrigation district--Contents.
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46A-4-54. Participation by conservators and personal representatives of estates.
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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.
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46A-4-56. Hearing on petition to change boundaries--Adjournment--Assent to change.
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46A-4-57. Rejection of petition to change boundaries--Resolution of board--Contents.
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46A-4-58. Land not included in irrigation district unless owner or lessee obligated to pay assessments or charges.
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46A-4-59. Payment by petitioners of share of original district assessments as condition for granting petition.
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46A-4-60. Board order for election on filing of protests--Publication of notice--Ballots--Boundary descriptions.
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46A-4-61. Order of board in conformity with election results on boundary change.
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46A-4-62. Filing and recording of order changing boundaries--Effect of change.
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46A-4-63. Petition for change of boundaries of irrigation district--Recording in minutes of board of directors, admissibility as evidence.
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46A-4-64. Redivision of district following inclusion of land--Election precints.
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46A-4-65. Exclusion of contiguous tracts of land from district--Petition--Contents.
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46A-4-66. Notice of petition to exclude land--Publication--Contents--Time for hearing.
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46A-4-67. Hearing on petition to exclude land--Assent of interested persons.
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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.
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46A-4-69. Grant or denial of petition to exclude land from district--Best interests of district--Conditions for exclusion.
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46A-4-70. Election ordered on exclusion after objections filed--Publication of notice--Contents--Conduct of election.
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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.
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46A-4-72. Order excluding land from irrigation district--Entry in minutes of board of directors--Filing and recording--Effect of order.
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46A-4-73. Exclusion of land from irrigation district--Refunding of assessments.
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46A-4-74. Exclusion of land from irrigation district--Effect of change on office of director.
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46A-4-75. Exclusion of land from irrigation district--Redivision of district by board of directors--Election precincts, establishment, change from time to time.
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46A-4-76. Resolution to exclude unproductive lands from district--Reasons--Service on owners and residents--Publication of notice.
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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.
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46A-4-78. Motion to reconsider exclusion of unproductive lands--Time--Appeal to circuit court--Contents--Trial--Filing of final resolution.
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46A-4-79. Rearrangement or reapportionment of district divisions upon exclusion of lands--Effects of exclusion--Procedural defects--Resolutions and bylaws.
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46A-4-80. Subirrigated land--Relief from district assessments--Recording of suspension order.
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46A-4-81. Dissolution of district--Petition by majority of assessment payers--Calling of election by board--Notice of election.
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46A-4-82. Dissolution of district contracting with United States--Assent of secretary of interior--Recording.
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46A-4-83. Election ballots on dissolution of district--Form and contents--Conduct of election.
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46A-4-84. Certification of election returns and ballots--Canvass of returns--Declaration of result--Recording.
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46A-4-85. Vote against dissolution precludes another election during year.
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46A-4-86. Majority vote for dissolution of irrigation district--Notice by board of directors to creditors of district--Settlement of claims.
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46A-4-87. Raising of money to pay debts--Valuation of property by appraisers--Appointment--Report.
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46A-4-88. Sale of property by board of directors--Advertisement--Notice of sale--Consideration of bids of purchasers by board of directors.
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46A-4-89. Rejection of bids for purchase of property--Private negotiations for sale--Deferred payments--Lien--Foreclosure.
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46A-4-90. Additional security for deferred payments--Collection.
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46A-4-91. Bonds and obligations of district--Redemption after sale of property on dissolution of district.
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46A-4-92. Payment of outstanding obligations with proceeds of property sales--Prices paid.
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46A-4-93. Proceeds of sale of property on dissolution of irrigation district insufficient to pay debts--Assessments against lands in the district.
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46A-4-94. Disposal of property--Payment of obligations--Report of board--Filing and recording--Contents--Time for action on unpaid claim.
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46A-4-95. Validation of previously created irrigation districts.