State of South Dakota
|
SEVENTY-SECOND
SESSION
LEGISLATIVE ASSEMBLY, 1997 |
400A0219 |
HOUSE ENGROSSED
NO.
SB39
-
2/14/97
|
Introduced by: The Committee on Agriculture & Natural Resources at the request of the Department of Environment and Natural Resources |
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 46A-9-11 be amended to read as follows:
46A-9-11. The petition
Section 2. That § 46A-9-12 be amended to read as follows:
46A-9-12. Upon receipt of
additional signatures if additional signatures are necessary.
Section
3.
That
§
46A-9-13
be amended to read as follows:
46A-9-13.
Such
If the department determines the
petition
complies with requirements of this
chapter, a notice
shall be published in each county in which lands within the proposed water
user district lie, in
some
a legal
newspaper of general circulation
printed and published
in
such
the
county, once each week for at least two successive weeks
before the time the petition is filed
with the department of water and natural resources together with a list of names of the
petitioners within such county and their designated addresses and lands owned or entered
. The
last date of publication shall be at least thirty days prior to the Board of Water and Natural
Resources' meeting at which the petition is first considered. The notice shall be published at the
petitioners' expense. The notice shall contain the information required in
§
46A-9-4, shall state
when the petition was filed, shall state a public place in each county affected where the petition
may be examined, and shall state the date, time, and place at which the petition will be
considered by the Board of Water and Natural Resources. Any owner or entryman of land
within the area to be included, who did not sign the petition may file a written protest with the
department as provided in
§
46A-9-14
.
Section
4.
That
§
46A-9-21
be amended to read as follows:
46A-9-21.
The petition
when
shall be
filed with the Department of
Water
Environment
and
Natural Resources,
together with a list of the petitioners' names, mailing addresses, and lands
owned or entered. The petition
shall be accompanied by a map or maps showing the location
of the lands to be included, the proposed system of works and
such
by
other
maps,
plans
,
and
estimates as
are
may be
necessary to fully describe
such project
the proposed expansion
.
Section
5.
That
§
46A-9-22
be amended to read as follows:
46A-9-22.
The petition
A notice
shall be published in each county in which the lands to be
included lie, in a
legal
newspaper of general circulation
printed and published
in
such
the
county, once each week for at least two successive weeks
before the time such petition is filed
with the department of water and natural resources together with the list of names of the
petitioners and their designated addresses and land owned or entered. In case there is no
newspaper of general circulation published in such the unty, copies of such
petition shall be
posted in three of the most public places in such county at least two weeks days before the
filing of said petition
.
The last date of publication shall be at least thirty days prior to the Board
of Water and Natural Resources' meeting at which the petition is first considered. The notice
shall be published at the petitioners' expense. The notice shall contain the information required
in
§
46A-9-20, shall state when the petition was filed, shall state a public place in each county
affected where the petition may be examined, and shall state the date, time, and place at which
the petition will be considered by the Board of Water and Natural Resources.
Any owner or
entryman of land within the area to be included, who did not sign
such
the
petition may file a
written protest with the department
of water and natural resources
as provided in
§
46A-9-14.
Section
6.
That
§
46A-9-24
be amended to read as follows:
46A-9-24.
After the
election
qualification
of the original board
of directors of a water user
district as provided in
§
46A-9-4
, members
of the board
to succeed those in the three groups
provided for in
§
46A-9-8, respectively, and to fill unexpired terms, shall be nominated and
elected and shall take office, subject to the provisions of this chapter
, in the following manner:
upon the first Tuesday in February next following the qualification of the original board of
directors and upon the first Tuesday in February of each year thereafter,
. Prior to May first of
each year, on dates established by the board,
an election shall be held to elect directors to
succeed those whose terms are about to expire.
The term of each director thus elected shall
commence upon the third Tuesday in February next ensuing after his
Newly elected directors
shall assume office at the first board meeting following their
election and shall continue for a period of three years thereafter and untilSection 7. That § 46A-3E-10 be amended to read as follows:
46A-3E-10. The board of directors of a water development district shall at the time of the organization of the board and annually thereafter on a date established by the
BILL HISTORY
1/14/97 First read in Senate and referred to Agriculture & Natural Resources. S.J. 19
1/23/97 Scheduled for Committee hearing on this date.
1/23/97 Agriculture & Natural Resources Do Pass, AYES 8, NAYS 0.
1/24/97 Deferred to another day. S.J. 164
1/27/97 Senate Do Pass, AYES 34, NAYS 0. S.J. 176
1/28/97 First read in House and referred to Agriculture & Natural Resources. H.J. 181
1/30/97 Scheduled for Committee hearing on this date.
2/4/97 Scheduled for Committee hearing on this date.
2/11/97 Scheduled for Committee hearing on this date.
2/11/97 Agriculture & Natural Resources Do Pass, AYES 8, NAYS 5. H.J. 404
2/12/97 Deferred to another day. H.J. 457
2/13/97 Motion to Amend. H.J. 473
2/13/97 House of Representatives Do Pass Amended, AYES 63, NAYS 6. H.J. 474