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SB 39 to revise certain provisions regarding water user...

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  

         FOR AN ACT ENTITLED, An Act  to revise certain provisions regarding water user districts and water development districts.
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 , 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 lands within the proposed water user district and the proposed system of works, and by such other maps, plans, and estimates as may be necessary to describe fully the proposed system.
     Section  2.  That § 46A-9-12 be amended to read as follows:
     46A-9-12.   Upon receipt of such the petition, it shall be the duty of the department of water and natural resources to shall determine whether the petition complies with the requirements , hereinbefore set forth in § §  46A-9-4 to 46A-9-11, inclusive, and to dismiss the petition if such the requirements have not been complied with, but without prejudice to the right of the petitioners to present a new petition covering the same matter, or the same petition with

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 until his a successor is duly elected and qualified. Election of directors shall be conducted as provided by § §  46A-9-25 to 46A-9-29, inclusive.
     Section  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 board of water and natural resources district, but not later than the first of September, adopt a budget and prepare an operations and budget report. The report shall present estimates and itemizations of all the expenses and obligations of the water development district, including, but not limited to, expenses of directors, expenses of operating the office, debt service , and retirement, and obligations and liabilities to the United States for which provisions must be made. Prior to approval of the budget by the district board of directors, a public hearing shall be held. Notice of the hearing shall be published once each week for two successive weeks in the water development district's official newspapers. The notice shall state the time and place of the hearing, its purpose, and that at the hearing all persons interested may appear, either in person or by representative, and be heard and given an opportunity for a full and complete discussion of all items in the budget. With the first notice, the budget shall be published in a form approved by the auditor general and the board of water and natural resources . At the conclusion of the hearing, the water development district board may eliminate or amend any portion of the budget before adoption.
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