South Dakota

46A-9-1. Purpose of chapter.

46A-9-2. Definition of terms.

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

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

46A-9-5. Lands included in district.

46A-9-6. Organization within territorial boundaries of another district.

46A-9-7. Directors--Election at large or from election divisions--Boundaries of divisions.

46A-9-8. Grouping of directors elected at large--Term of office.

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

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

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

46A-9-12. Petition to organize district--Initial review--Dismissal.

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

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

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

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

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

46A-9-19. Additional territory, inclusion in district.

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

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

46A-9-22. Publication of notice for extension of district--Filing of protest.

46A-9-23. Action by Board of Water and Natural Resources on petition for extension of district--Certificate of approval--Filing--Effect.

46A-9-23.1. Exclusion of lands from district--Grounds--Procedure.

46A-9-23.2. Notices of hearing on exclusion--Protests.

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

46A-9-25. Hour and place of election.

46A-9-26. Election of directors--Voting rights.

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

46A-9-28. Registration of voters--Conduct of election--Costs.

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

46A-9-30. Director to be landowner or entryman.

46A-9-31. Removal of members of board of directors from office--Grounds--Procedure.

46A-9-32. Vacancies on board of directors--Declaration of existence--Filling--Member elected to fill, term of office.

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

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

46A-9-35. Bond of treasurer.

46A-9-36. Corporate powers of district vested in board of directors.

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

46A-9-39. Powers of district.

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

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

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-9-43. Contracts with governmental agencies authorized for certain purposes.

46A-9-44. Extraterritorial powers of district.

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

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

46A-9-46.1. Municipal approval of location of wastewater plant or system--Exception for existing plant or system.

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

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

46A-9-49. Grants or loans--Gifts.

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

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

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

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

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

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

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

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

46A-9-58. Refunding of district obligations.

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

46A-9-60. Agreement between directors and holders of district obligations as to charges for water, sewage disposal, or other services.

46A-9-61. Prices, rates, and charges--Contracts.

46A-9-62. Default in payment of money specified in agreement--Termination of contract--Right to recovery not affected by discontinuation of services.

46A-9-63. Funds of district--Creation by board of directors--Identification--Separate accounts.

46A-9-64. Construction fund--Deposit of bond proceeds--Credit of interest received upon deposits--Disbursements--Balance transferred to debt service fund.

46A-9-65. Water or wastewater fund--Credit of revenue of works and operations--Payment of operation and maintenance costs.

46A-9-66. Debt service fund--Transfer of balance from water fund--Moneys pledged for payment of evidences of indebtedness.

46A-9-67. Deposit of funds--Payment of claims.

46A-9-68. Fiscal year--Audit of financial affairs by board of directors, filing of written report.

46A-9-69. Disposition of water supply works, drainage works, or wastewater systems.

46A-9-70. Sale of unneeded works--Submission of question to Board of Water and Natural Resources--Special election--Notice--Majority vote authorizes sale.

46A-9-71. Mortgage or hypothecation of property to secure payment of loans from governmental agencies.

46A-9-72. Mortgage or trust deed to secure payment of borrowed money--Foreclosure upon default and appointment of receiver.

46A-9-73. Dissolution of district--Special election--Notice--Conditions for dissolution.

46A-9-74. Dissolution complete upon resolution of board canvassing vote--Filing.

46A-9-75. Cancellation of applications for appropriation of water upon dissolution.

46A-9-76. Municipalities excepted from chapter--Contracts with district.

46A-9-77. Irrigation districts--Powers and functions unaffected by chapter.

46A-9-78. Retirement system--Participation.

46A-9-79. Appointment of water master.

46A-9-80. Duties of water master.

46A-9-81. Removal of water master.

46A-9-82. Grievance appeal.

46A-9-83. Water Management Board not affected.

46A-9-84. Group insurance for members of board of directors.

46A-9-85. Director or employee benefit from contract authorized.

46A-9-86. Director or employee benefit from contract authorized--Direct benefit described.