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State of South Dakota
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EIGHTY-SIXTH SESSION LEGISLATIVE ASSEMBLY, 2011 |
| 741S0002 | SENATE BILL NO. 1 |
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Introduced by: Senators Hansen (Tom), Bradford, Frerichs, Fryslie, Rhoden, and Tidemann and
Representatives Vanneman, Brunner, Gibson, Hoffman, Kloucek, Lucas, and
Schrempp at the request of the Interim Department of Environment and Natural
Resources Agency Review Committee
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 1-40-6 be amended to read as follows:
1-40-6. The Board of Water and Natural Resources shall annually elect from its members such officers as it deems advisable. A majority of the board members
Section 2. That § 1-40-17 be amended to read as follows:
1-40-17. A majority of the appointed members of the Water Management Board
Section 3. That § 1-40-25 be amended to read as follows:
1-40-25. The Board of Minerals and Environment
appointed by the Governor, not all of whom shall may be from the same political party. The terms of
the members of the board shall be are for four years. Each present member of the former Board of
Environmental Protection, however, shall continue his existing term on the board without this order
affecting the length or conditions of the present term. Appointments to fill vacancies created by the
expiration of the terms of present members of the former Board of Environmental Protection shall be
for four years. The terms of members of the board first appointed after July 1, 1981, shall be such that
no more than three and no less than two members of the board, including those members continuing
from the former Board of Environmental Protection, shall have terms expiring in any one calendar year.
The length of such initial terms shall be designated by the Governor. Any member appointed to fill a
vacancy arising from other than the natural expiration of a term shall serve for only the unexpired
portion of the term.
Section 4. That § 1-40-26 be amended to read as follows:
1-40-26. The Board of Minerals and Environment shall annually elect from its members such
officers as it deems advisable. A majority of the board members shall be required to constitute
constitutes a quorum. The board shall hold meetings at the call of the chairman chair or a majority of
the members, but there shall be held at least one meeting shall be held every three months.
Section 5. That § 34-44-22 be amended to read as follows:
34-44-22. In addition to the requirements under § 34-44-21, the person providing a training
course for which approval is sought shall demonstrate his the person's ability and proficiency to
conduct the training to the department's satisfaction.
Section 6. That § 34A-1-4 be amended to read as follows:
34A-1-4. The secretary shall have power to may secure necessary scientific, technical,
administrative, and operational services, including laboratory facilities by contract or otherwise.
Section 7. That § 34A-1-5 be amended to read as follows:
34A-1-5. The administration of this chapter
Section 8. That § 34A-1-9 be amended to read as follows:
34A-1-9. The department
Section 9. That § 34A-1-10 be amended to read as follows:
34A-1-10. The department may:
interested persons or groups.;
Section 10. That § 34A-1-13 be amended to read as follows:
34A-1-13. The board
Section 11. That § 34A-1-19 be amended to read as follows:
34A-1-19.
by the board. The owner or operator of an air contaminant source may apply to the board for
permission to use alternative methods, construction features, machines, or devices upon a showing by
the owner or operator that the alternative methods, construction features, machines, or devices are as
effective as those required by the board. Any person who violates this section is subject to § 34A-1-39.
Section 12. That § 34A-1-23 be amended to read as follows:
34A-1-23. Nothing in § 34A-1-19 or 34A-1-21 shall be construed to authorize authorizes the
board to require the use of machinery, devices, or equipment from a particular supplier or produced
by a particular manufacturer, if the required performance standards may be met by machinery,
devices, or equipment otherwise available.
Section 13. That § 34A-1-25 be amended to read as follows:
34A-1-25. No variance shall may be granted pursuant to §§ 34A-1-24 to 34A-1-35, inclusive,
until the board has considered the relative interests of the applicant, the owners of property likely to
be affected by the discharges, and the general public.
Section 14. That § 34A-1-26 be amended to read as follows:
34A-1-26. In determining whether or not to grant a variance shall be granted by the board it shall
take into consideration whether or not the board shall consider whether the facility was in existence
on July 1, 1970, and if such. If the facility was constructed after July 1, 1970, the board shall consider
whether or not such the facility was in compliance at the time of its construction.
Section 15. That § 34A-1-29 be amended to read as follows:
34A-1-29. A variance or renewal shall not be is not a right of the applicant or holder thereof of
the variance or renewal but shall be in is at the discretion of the board.
Section 16. That § 34A-1-30 be amended to read as follows:
34A-1-30. Any variance or renewal
Section 17. That § 34A-1-33 be amended to read as follows:
34A-1-33. If the variance is granted on the ground that it is justified to relieve or prevent hardship of a kind other than that provided for in §§ 34A-1-31 and 34A-1-32,
Section 18. That § 34A-1-34 be amended to read as follows:
34A-1-34. Any variance granted pursuant to §§ 34A-1-24 to 34A-1-35, inclusive, may be renewed on terms and conditions and for periods which would be appropriate on initial granting of a variance. If complaint is made to the board on account of the variance, no renewal
Section 19. That § 34A-1-35 be amended to read as follows:
34A-1-35. Nothing in §§ 34A-1-24 to 34A-1-34, inclusive, and no variance or renewal granted pursuant
Section 20. That § 34A-1-36 be amended to read as follows:
34A-1-36. Each municipality and each county may, with the approval of the Board of Minerals and Environment, establish and thereafter administer
control program which provides by ordinance or local law for requirements as strict or more strict and
more extensive than those imposed by this chapter and regulations rules issued thereunder under this
chapter, or, upon prior review and approval by the board, less restrictive requirements. The air
pollution control jurisdiction authorized pursuant to this section shall apply applies to state facilities
located within the boundaries of the municipality or county in the event if the municipality or county has
been found to be in violation of National Ambient Air Quality Standards.
Section 21. That § 34A-1-39 be amended to read as follows:
34A-1-39. Any person subject to this section, as provided in this chapter, is liable for a civil
penalty not to exceed ten thousand dollars per day of violation or for damages to the environment of
the state, or both. An action for the recovery of a civil penalty shall, upon demand, be tried to a jury.
Section 22. That § 34A-1-41 be amended to read as follows:
34A-1-41. Any duly authorized officer, employee, or representative of the department may enter
and inspect that part of any property, premise, or place in which he the officer, employee, or
representative has reasonable grounds to believe is the source of air pollution at any reasonable time
for the purpose of investigating the air pollution or of ascertaining the state of compliance with this
chapter and rules and regulations in force pursuant thereto. No person shall promulgated pursuant to
this chapter. No person may refuse entry or access to any authorized representative of the department
who requests entry for the purpose of such investigation, and who presents appropriate credentials;
nor shall may any person obstruct, hamper, or interfere with any such investigation.
Section 23. That § 34A-1-43 be amended to read as follows:
34A-1-43. In addition to any other powers conferred on it by law the board shall have power to
may hold hearings relating to any aspect of or matter in the administration of this chapter, and in
connection therewith with the hearings, exercise the powers granted by chapter 1-26.
Section 24. That § 34A-1-44 be amended to read as follows:
34A-1-44. In addition to any other powers conferred on it by law the board
Section 25. That § 34A-1-45 be amended to read as follows:
34A-1-45.
Section 26. That § 34A-1-47 be amended to read as follows:
34A-1-47. If the secretary has reason to believe that a violation of any provision of this chapter or rule
Section 27. That § 34A-1-48 be amended to read as follows:
34A-1-48. Any order issued pursuant to § 34A-1-47
request in the order requests in writing a hearing before the board. Upon such request, the board shall
proceed in compliance with chapter 1-26.
Section 28. That § 34A-1-49 be amended to read as follows:
34A-1-49. In lieu of an order, the board chairman chair may schedule a contested case under
chapter 1-26 before the board. Nothing in this chapter shall prevent prevents the department from
notifying an alleged violator of violations and negotiating a consent agreement instead of initiating
proceedings under § 34A-1-47. Any consent agreement shall be approved by the board.
Section 29. That § 34A-1-52 be amended to read as follows:
34A-1-52. Action pursuant to § 34A-1-39 or the second paragraph of § 34A-1-14 shall not be
is not a bar to enforcement of this chapter or rules in force pursuant thereto to this chapter, and orders
made pursuant to this chapter by injunction or other appropriate remedy.
Section 30. That § 34A-1-53 be amended to read as follows:
34A-1-53. Nothing in this chapter shall prevent prevents the department from making efforts to
obtain voluntary compliance through warning, conference, or any other appropriate means.
Section 31. That § 34A-1-54 be amended to read as follows:
34A-1-54. Nothing in this chapter shall be construed to abridge, limit, or otherwise impair
abridges, limits, or otherwise impairs the right of any person to damages or other relief on account of
injury to persons or property and to maintain any action or other appropriate proceedings therefor for
damages or other relief.
Section 32. That § 34A-1-55 be repealed.
34A-1-55. If a part of this chapter is invalid, all valid parts that are severable from the invalid part
remain in effect. If a part of this chapter is invalid in one or more of its applications, the part remains
in effect in all valid applications that are severable from the invalid application.
Section 33. That § 34A-1-58 be amended to read as follows:
34A-1-58. Concurrent with the submittal of a permit application pursuant to this chapter and annually for the duration of the permit, the applicant shall submit to the department a fee not to exceed twenty-five dollars per ton of each regulated pollutant as determined by the provisions of Title V of the Federal Clean Air Act, 42 U.S.C. 7401 et seq. as amended to January 1,
Section 34. That subdivision (6) of § 34A-2-2 be amended to read as follows:
34A-2-6. The secretary
process consistent with the requirements of the Federal Water Pollution Control Act, as amended to
January 1, 2011, including but not limited to the establishment and application of maximum daily loads
of pollutants.
Section 36. That § 34A-2-11 be amended to read as follows:
34A-2-11. The Water Management Board shall promulgate rules pursuant to chapter 1-26 to
establish water quality standards and to classify water according to its beneficial uses. The board shall
consider environmental, technical, social, and economic factors and present use, persons adversely
affected, natural background waters in relationship to the contaminants and pollutants contained therein
in the waters, existing degradation, and irretrievable man-induced conditions placed on those waters.
The standards shall protect the public health and welfare and the use of the waters for public water
supplies, propagation of fish and aquatic life and wildlife, recreational purposes, and agricultural,
industrial, and other legitimate uses in accordance with the Federal Water Pollution Control Act as
amended to January 1, 1993 2011. A violation of standards promulgated pursuant to this section is
subject to § 34A-2-75.
Section 37. That § 34A-2-13 be amended to read as follows:
34A-2-13. The board shall promulgate rules pursuant to chapter 1-26 to formulate effluent
standards, which include as a minimum all categories for which the federal government has set
standards pursuant to the Federal Water Pollution Control Act, as amended to January 1, 1993 2011.
The state standards shall be at least as stringent as the standards adopted by the federal government.
Any person who violates these standards is subject to § 34A-2-75.
Section 38. That § 34A-2-15 be amended to read as follows:
34A-2-15. Any industrial user of publicly owned treatment works who violates pretreatment
standards is subject to § 34A-2-75. The secretary or the owner of a publicly owned treatment works
shall implement all provisions of section 307 of the Federal Water Pollution Control Act as amended
to January 1, 1992 2011, including issuing pretreatment industrial user permits to significant industrial
users in accordance with §§ 34A-2-30 and 34A-2-36.
Section 39. That § 34A-2-24 be amended to read as follows:
34A-2-24. Notwithstanding § 34A-2-22, discharge of wastes into waters of the state which
reduce the quality of such waters below the water quality level existing on March 27, 1973, will be
allowed when and if it is affirmatively demonstrated to the board and the board finds by a majority
vote of its members, after a public hearing on such request, that there may be a discharge, which if the
discharge will not result in the violation of applicable water standards, which and if the discharge is
found justifiable as a result of necessary economic or social development. The board may not allow
a discharge if the discharge results in a violation of the existing water standards.
Section 40. That § 34A-2-29 be amended to read as follows:
34A-2-29. The secretary, under such conditions as he the secretary may prescribe, may require
the submission of such plans, specifications, and other information as he the secretary deems necessary
to carry out the provisions of this chapter or to carry out the rules and regulations adopted rules
promulgated pursuant to the provisions of this chapter.
Section 41. That § 34A-2-33 be amended to read as follows:
34A-2-33. The secretary may certify, in accordance with rules promulgated by the board pursuant
to chapter 1-26, that an applicant for a federal license or permit necessary to conduct any activity
which may result in a discharge into waters of the state has satisfactorily shown that he the applicant
will comply with sections 301, 302, 306, and 307 of the Federal Water Pollution Control Act as
amended to January 1, 1993 2011. This section and § 34A-2-34 shall be interpreted to implement
the purposes of section 401 of the Federal Water Pollution Control Act as amended to January 1,
1993 2011.
Section 42. That § 34A-2-35 be amended to read as follows:
34A-2-35. Before issuing any permit pursuant to § 34A-2-36, the secretary shall provide an
opportunity for public hearing, with notice thereof of the opportunity for hearing, in accordance with
applicable laws, rules, and regulations. If the recommendation of the department pursuant to § 34A-2-24, 34A-2-27, or 34A-2-36, is not contested, that recommendation shall become a final
determination on the application. If an uncontested recommendation is for approval or conditional
approval of the application, the permit shall be issued by the secretary consistent with his the
recommendation.
Section 43. That § 34A-2-37 be amended to read as follows:
34A-2-37. The secretary shall require as permit conditions under § 34A-2-36 the achievement
of:
Section 44. That § 34A-2-39.1 be amended to read as follows:
34A-2-39.1. The secretary may issue an extension to a point source or nonpoint source discharger,
that:
Section 45. That § 34A-2-43 be amended to read as follows:
34A-2-43. No permit
Section 46. That § 34A-2-48 be amended to read as follows:
34A-2-48. The secretary shall issue orders to any person to clean up any material which
person or his the person's employee, agent, or subcontractor had accidentally or purposely dumped,
spilled, or otherwise deposited in or in such proximity to state waters that they may pollute state
waters. A violation of an order issued pursuant to this section is subject to § 34A-2-75.
Section 47. That § 34A-2-49 be amended to read as follows:
34A-2-49. Any permit issued pursuant to this chapter may be revoked, modified, or suspended,
in whole or in part, during its term for cause, including but not limited to the following:
Section 48. That § 34A-2-50 be amended to read as follows:
34A-2-50. If the secretary recommends denial of an application for a permit, or revokes, suspends, or modifies a permit,
Section 49. That § 34A-2-53 be amended to read as follows:
34A-2-53. If the secretary has reason to believe that a violation of this chapter or any rule made or permit issued under it is threatened or has occurred,
Section 50. That § 34A-2-54 be amended to read as follows:
34A-2-54. In a notice given under § 34A-2-53, the secretary may also require the alleged violator to appear for a public hearing to be conducted before the board, and to answer the charges made against
Section 51. That § 34A-2-70 be amended to read as follows:
34A-2-70. Upon issuing an order pursuant to § 34A-2-68, the secretary shall fix a place and time for a hearing before the board, not later than five days thereafter, unless the person to whom the order is directed
Section 52. That § 34A-2-75 be amended to read as follows:
34A-2-75. Any person subject to this section, as provided in this chapter, is guilty of a Class 1 misdemeanor. In addition to a jail sentence authorized by § 22-6-2, a Class 1 misdemeanor imposed by this chapter is subject to a criminal fine not to exceed ten thousand dollars per day of violation. The violator is also subject to a civil penalty not to exceed ten thousand dollars per day of violation, or for damages to the environment of this state, or both.
Section 53. That § 34A-2-79 be amended to read as follows:
34A-2-79. A purpose of this chapter is to provide additional and cumulative remedies to prevent,
abate, and control the pollution of state waters. This chapter shall not be construed to abridge or alter
Nothing in this chapter abridges or alters any rights or action of remedies in equity or under the
common law or statutory law, criminal or civil, nor shall may any provision of this chapter be construed
as estopping the state or any municipality or person as owners of water rights or otherwise in the
exercise of their rights in equity or under the common law or statutory law to suppress nuisances or
to abate pollution.
Section 54. That § 34A-2-80.1 be amended to read as follows:
34A-2-80.1. Municipalities, counties, conservation districts, and other political subdivisions of the
state may join together under chapter 1-24 to form a separate agency to act as a waste treatment
management agency under § 34A-2-80 and for the purpose of planning, consulting, and coordinating
their efforts to implement area-wide waste treatment under the Federal Water Pollution Control Act,
as amended to January 1, 1986 2011, within designated water quality management areas.
Section 55. That § 34A-2-86 be amended to read as follows:
34A-2-86. The secretary shall establish a project priority list of municipalities, sewer or sanitary
districts, state institutions, and other political subdivisions, who that are eligible for federal water
pollution project grants for the purpose of his the secretary certifying to the federal government that
allotted federal grant funds are, or shall will be, available for a project and that a particular project is
higher than other projects on the project priority list eligible for such funds.
Section 56. That § 34A-2-87 be amended to read as follows:
34A-2-87. The Board of Water and Natural Resources shall promulgate pursuant to chapter 1-26
and the secretary shall implement rules for the effective administration of such federally allotted funds
in conjunction with state grants, for such projects including the determination of need, priority of
construction, and standards for construction consistent with the requirements of the Federal Water
Pollution Control Act as amended to January 1, 1993 2011. The secretary and Board of Water and
Natural Resources shall seek to achieve expeditious approval and certification of grant applications,
sound environmental planning, cost effectiveness in distribution of grant funds, and an appreciation of
the numerous public pollution control needs in the state as allowed under the federal act.
Section 57. That § 34A-2-93 be amended to read as follows:
34A-2-93. The board may promulgate rules pursuant to chapter 1-26:
cleanup of contamination consistent with the American Society for Testing and Materials
Standard ES38-94, entitled Emergency Standard Guide for Risk Based Corrective Action
Applied at Petroleum Release Sites, as in effect on January 1, 1995 2011, or other
generally accepted risk-based cleanup methods;
Section 58. That § 34A-2-94 be amended to read as follows:
34A-2-94. Any records, reports, or information obtained under this chapter shall, in the case of effluent data, be related to any applicable effluent limitations, pretreatment, or new source performance standards, and shall be available to the public
secretary shall consider such the record, report, or information, or particular portion thereof of the
record, report, or information, confidential, except that such record, report, or information may be
disclosed to other officers, employees, or authorized representatives of the state or federal government
concerned with carrying out this chapter, or when relevant, in any proceeding under this chapter.
Section 59. That § 34A-2-95 be repealed.
34A-2-95. If any part of this chapter is invalid, all valid parts that are severable from the invalid
part remain in effect. If a part of this chapter is invalid in one or more of its applications, the part
remains in effect in all valid applications that are severable from the invalid applications.
Section 60. That § 34A-2-98 be amended to read as follows:
34A-2-98. Terms used in this section and § 34A-2-99, unless the context otherwise requires,
mean:
inclusive, of this subdivision.
Section 61. That § 34A-2-99 be amended to read as follows:
34A-2-99. The board shall adopt promulgate rules, pursuant to chapter 1-26 to develop:
Section 62. That § 34A-2-100 be amended to read as follows:
34A-2-100. The term
Section 63. That § 34A-2-101 be amended to read as follows:
34A-2-101. The board shall
Section 64. That § 34A-2-114 be amended to read as follows:
34A-2-114. In order to enhance economic development, provide improved coordination between governmental agencies, and safeguard the public health, safety, welfare, and the environment of this state through a customer service approach, the department
Section 65. That § 34A-2-115 be amended to read as follows:
34A-2-115.
Section 66. That § 34A-2-116 be amended to read as follows:
34A-2-116. A pretreatment program shall be developed for any publicly owned treatment works or combination of publicly owned treatment works operated by the same authority as required by
section 307 of the Federal Water Pollution Control Act as amended to January 1, 1992 2011. The
owner of any publicly owned treatment works that is required to develop a program may request the
secretary to assume local pretreatment responsibilities for that publicly owned treatment works.
Section 67. That § 34A-2-117 be amended to read as follows:
34A-2-117. There is hereby imposed an annual fee upon all facilities permitted under the national
pollutant discharge elimination system program provisions of section 402 of the Federal Water
Pollution Control Act, 33 U.S.C. 1342, as amended to January 1, 1992 2011, except for feedlot
facilities, stormwater discharge systems and construction dewatering activities. The fee shall be
assessed as provided in §§ 34A-2-118 to 34A-2-120, inclusive.
Section 68. That § 34A-2-119 be amended to read as follows:
34A-2-119. For industrial and governmental treatment works with significant water quality
loadings, the fee imposed in § 34A-2-117 is as follows:
dollars per year.
Section 69. That § 34A-2-122 be amended to read as follows:
34A-2-122. The obligation to pay the annual fee imposed by §§ 34A-2-117 to 34A-2-120,
inclusive, is on the owner or operator of a surface water discharge or pretreatment system and accrues
on July first, for all nonpublicly-owned facilities. The fee is due and payable by July thirty-first and shall
be remitted to the Department of Revenue and Regulation along with such forms as may be prescribed
by the secretary of revenue and regulation in rules promulgated pursuant to chapter 1-26.
Section 70. That § 34A-3-8 be amended to read as follows:
34A-3-8. If a vacancy occurs in the appointed membership of the board, the secretary may appoint a member for the remaining portion of the unexpired term created by the vacancy. The
membership of any board member who leaves his or her field of employment or who moves from the
State of South Dakota shall be automatically terminated automatically terminates.
Section 71. That § 34A-3-11 be amended to read as follows:
34A-3-11. The secretary shall have the duty and authority:
Section 72. That § 34A-3-13 be amended to read as follows:
34A-3-13. It is a Class 2 misdemeanor for any person, firm, or corporation, municipal or private, operating a water supply system or wastewater system to operate the water treatment plant, wastewater treatment plant, water distribution and wastewater collection systems unless the competency of the operator who is in direct responsible charge is certified by the secretary
of his or her employment to, become certified under the provision provisions of this chapter. It is a
Class 2 misdemeanor for any person to perform the duties of an operator without being certified.
Section 73. That § 34A-3-15 be amended to read as follows:
34A-3-15. Each applicant shall be examined by the secretary or his duly authorized
representative. Such department. The examination shall consist of such questions and such phases of
the practice as may be prescribed from time to time by said secretary the department.
Section 74. That § 34A-3-19 be amended to read as follows:
34A-3-19. The secretary
Section 75. That § 34A-3-21 be amended to read as follows:
34A-3-21. The secretary
Section 76. That § 34A-3-22 be amended to read as follows:
34A-3-22. No certificate
1-26.
Section 77. That § 34A-3-25 be repealed.
34A-3-25. If a part of this chapter is invalid, all valid parts that are severable from the invalid part
remain in effect. If a part of this chapter is invalid in one or more of its applications, the part remains
in effect in all valid applications that are severable from the invalid applications.
Section 78. That § 34A-3A-1 be amended to read as follows:
34A-3A-1. It is hereby declared to be the public policy of the state to achieve and maintain safe
drinking water for the public which will protect human health and safety and prevent the creation of
public nuisances. To these ends it is the purpose of this chapter to ensure that public water systems
in the state meet or exceed minimum standards for drinking water quality and to foster cooperation
and coordination with other state and local agencies, other states, and the federal government pursuant
to the Federal Safe Drinking Water Act, Public Law 93-523, as amended to July 1, 1986 January 1,
2011.
Section 79. That subdivision (8) of § 34A-3A-2 be amended to read as follows:
34A-3A-3. The Water Management Board shall promulgate rules, pursuant to chapter 1-26, establishing:
public health and safety. No maximum contaminant level may be more stringent than those
established under the Federal Safe Drinking Water Act, as amended to January 1, 1988
2011; and
Section 81. That § 34A-3A-19 be amended to read as follows:
34A-3A-19. In order to safeguard the public health, safety, and welfare of this state through a customer service approach, the state shall retain administration of the public water system supervision program as provided in the
Section 82. That § 34A-3A-20 be amended to read as follows:
34A-3A-20. There is hereby imposed an annual fee upon all public water systems under the provisions of section 1411 of the Federal Safe Drinking Water Act, 42 U.S.C. 300F et seq. as amended to
| Population Range | Fee ($) |
| 25 to 50 | 15 |
| 51 to 100 | 30 |
| 101 to 200 | 60 |
| 201 to 300 | 100 |
| 301 to 400 | 140 |
| 401 to 500 | 180 |
| 501 to 600 | 220 |
| 601 to 700 | 260 |
| 701 to 800 | 300 |
| 801 to 900 | 340 |
| 901 to 1,000 | 380 |
| 1,001 to 2,000 | 600 |
| 2,001 to 3,000 | 1,000 |
| 3,001 to 4,000 | 1,400 |
| 4,001 to 5,000 | 1,800 |
| 5,001 to 6,000 | 2,200 |
| 6,001 to 7,000 | 2,600 |
| 7,001 to 8,000 | 3,000 |
| 8,001 to 9,000 | 3,400 |
| 9,001 to 10,000 | 3,800 |
| 10,001 to 11,000 | 4,200 |
| 11,001 to 12,000 | 4,600 |
| 12,001 to 13,000 | 5,000 |
| 13,001 to 14,000 | 5,400 |
| 14,001 to 15,000 | 5,800 |
| 15,001 to 16,000 | 6,200 |
| 16,001 to 17,000 | 6,600 |
| 17,001 to 18,000 | 7,000 |
| 18,001 to 19,000 | 7,400 |
| 19,001 to 20,000 | 7,800 |
| 20,001 to 30,000 | 10,000 |
| 30,001 to 40,000 | 14,000 |
| 40,001 to 50,000 | 18,000 |
| 50,001 to 60,000 | 22,000 |
| 60,001 to 70,000 | 26,000 |
| 70,001 to 80,000 | 30,000 |
| 80,001 to 90,000 | 34,000 |
| 90,001 to 100,000 | 38,000 |
| 100,001 or more | 41,000 |
Section 83. That § 34A-3A-21 be amended to read as follows:
34A-3A-21. From the amount recovered pursuant to § 34A-3A-20 and appropriated through § 34A-3A-22, the department shall expend such sums as are necessary to pay the cost of initial lead and copper monitoring as required by the Federal Safe Drinking Water Act as amended to January 1,
Section 84. That § 34A-3A-25 be amended to read as follows:
34A-3A-25. In order to carry out the requirements of the
resources shall promulgate rules, pursuant to chapter 1-26, establishing:
Section 85. That § 34A-5-1 be amended to read as follows:
34A-5-1.
Section 86. That § 34A-5-3 be amended to read as follows:
34A-5-3. Any person making application for the organization of a sanitary district shall first cause an accurate map to be made of the territory intended to be
Section 87. That § 34A-5-7 be amended to read as follows:
34A-5-7. If the board of county commissioners
Section 88. That § 34A-5-14 be amended to read as follows:
34A-5-14.
Section 89. That § 34A-5-21.2 be amended to read as follows:
34A-5-21.2. A sanitary district trustee shall be a resident of the sanitary district
Section 90. That § 34A-5-22 be amended to read as follows:
34A-5-22. The members of the board of trustees shall organize by electing one of
to call such meeting or meetings, then such meeting or meetings. If the president fails or refuses to call
a special meeting, a special meeting may be called by a majority of the board.
Section 91. That § 34A-5-27 be amended to read as follows:
34A-5-27. The board of trustees shall have the power to may employ and prescribe the duties
and fix the compensation of all necessary officers and employees of said the sanitary district, and to
may employ such additional engineering, legal, financial, and other professional assistance as it may
deem the board deems necessary.
Section 92. That § 34A-5-28 be amended to read as follows:
34A-5-28. No trustee or employee of a sanitary district shall may be directly or indirectly
interested in any contract, work, or business of the district, or the sale of any article, the expense,
price, or cost of which is paid by such the district, nor in the purchase of any real, personal, or other
property belonging to the district, or which shall be sold for taxes or assessments, or by virtue of legal
process at the suit of said the district.
Section 93. That § 34A-5-32 be amended to read as follows:
34A-5-32. In the event If a sanitary district commences a condemnation action and files a
declaration of taking and obtains an order of possession as provided in chapter 31-19, and later
abandons the action when the property is no longer necessary for public purposes or the use of which
the property was originally sought to be condemned no longer exists, the board of trustees of a
sanitary district, upon order of the circuit court in which the condemnation action is pending, shall
convey such the property to the original owner and the original owner shall return the deposit on file
with the clerk of courts. This section shall apply applies to any condemnation action abandoned by a
sanitary district, organized under this chapter, prior to the effective date hereof of this section.
Section 94. That § 34A-5-33 be amended to read as follows:
34A-5-33. The board of trustees of a sanitary district may sell and convey real property held by a sanitary district, the title to which has been obtained from any source, and which is not required for public purposes and has been or is about to be abandoned for public purposes.
Section 95. That § 34A-5-34 be amended to read as follows:
34A-5-34. The board of trustees
Section 96. That § 34A-5-36 be amended to read as follows:
34A-5-36. The board of trustees
Section 97. That § 34A-5-37 be amended to read as follows:
34A-5-37.
Section 98. That § 34A-5-38 be amended to read as follows:
34A-5-38.
actually collected and received therein in the bond fund, to pay all principal and interest when due on
such the bonds and to create and maintain such further reserves for the security thereof of the bonds
as may be agreed in the resolutions authorizing such the bonds. Bonds issued and secured as
authorized in the preceding sentence this section may be designated as special assessment and revenue
bonds, and may be issued to finance an improvement or a group of improvements to the facilities of
the district, when if any portion of the cost thereof of the improvement is to be paid by the levy of
special assessments.
Section 99. That § 34A-5-39 be amended to read as follows:
34A-5-39. When If a sanitary district has been established in accordance with the procedures
provided in this chapter, no further proceedings shall be are required under the provisions of §§ 9-48-26 to 9-48-31, inclusive, and funds derived from its the district's sewer rates and charges shall not be
are not subject to the limitations provided in those sections.
Section 100. That § 34A-5-40 be amended to read as follows:
34A-5-40. The board of trustees shall have the power to may cause the amount of any charges,
and interest and penalties thereon on the charges, for sewer service rendered or made available to any
land within the district, which are due and unpaid on the first day of October in each year to be
certified by the clerk of the district to the county auditor in the manner provided in § 10-12-7 together
with any taxes levied by the district for corporate purposes, and all. All amounts so certified shall be
inserted by the county auditor upon the tax list of the current year and shall be payable and delinquent
at the same time and shall incur penalty and interest and shall be collected by the same procedure as
real estate taxes on the same property. In the event of a tax sale or the issuance of a tax deed, the
provisions of §§ 9-43-39 to 9-43-41, inclusive, shall apply to all amounts so certified and then
delinquent, in the same manner as delinquent installments of special assessments.
Section 101. That § 34A-5-41 be amended to read as follows:
34A-5-41. The board of trustees of any sanitary district incorporated under this chapter may submit to the voters of the district at an annual election or a special election called and held in accordance with chapter 9-13 the question whether the district shall be authorized to acquire and operate a water system, or the application for incorporation filed in accordance with § 34A-5-6 may request such authority. Upon approval of the grant of such authority by a majority of the qualified electors voting on the question, or upon entry of the order incorporating the district if the application has requested such authority, the board of trustees
Section 102. That § 34A-5-42 be amended to read as follows:
34A-5-42. On petition in writing signed by not less than twenty percent of the legal voters residing within the district, as shown by the vote for the member of the board of trustees receiving the highest vote at large at the last preceding annual election
board of trustees by proper resolution may declare its intention to annex territory lying adjacent to the
district or exclude territory being upon the border thereof. Such of the district. The resolution shall
describe said the property, the intended action, and the time and place the trustees will meet to
consider the adoption of the resolution and. The resolution shall be published once a week for two
consecutive weeks prior to before the time set for such the hearing.
Section 103. That § 34A-5-43 be amended to read as follows:
34A-5-43. At the time of the hearing, or of any adjournment thereof of the hearing, the trustees
shall consider any objections to such the proposed resolution and may adopt such the resolution, with
or without amendment, as it may deem proper but no. However, no amendment shall may be made
affecting any property not described in the original resolution. No such resolution shall may be adopted
until the same unless the resolution has been approved by the board of county commissioners of the
county wherein such in which the land is situated.
Section 104. That § 34A-5-44 be amended to read as follows:
34A-5-44. Upon failure of the board of trustees to grant the request contained in the petition of
the voters said, the petitioners or any party feeling aggrieved thereby may within thirty days after the
decision of the board of trustees or county commissioners, or within ninety days after the filing of the
petition where if no action has been taken thereon on the petition by the board, present their petition
or appeal to the circuit court for the county in which said the district or the greater portion thereof of
the district is situated by filing such the petition or appeal with the clerk of courts. Notice of such the
filing shall be served by the petitioners upon the president of the board of trustees together with a
notice of the time and place, when and where a hearing will be had thereon held on the petition, at least
ten days before the date of such the hearing. If upon the hearing the court shall find the court finds that
the request of the petitioners ought to be granted and can be granted without injustice to the district,
the court shall so order. If the court shall find finds against the petitioners, the petition or appeal shall
be dismissed at the cost of the petitioners.
Section 105. That § 34A-5-45 be amended to read as follows:
34A-5-45. Whenever If the limits of any district are changed by resolution or by decree of court
it shall be the duty of, the president of the board of trustees to shall cause an accurate map of the
territory, together with a copy of the resolution or decree, duly certified, to be recorded in the office
of the register of deeds of the county or counties in which such the territory is situated and thereupon
such the territory shall be becomes a part of said the district or be excluded therefrom is excluded from
the district, as the case may be.
Section 106. That § 34A-5-48 be amended to read as follows:
34A-5-48. If the voters of each corporation approve the formation of the consolidated sanitary
district by a majority of their votes cast on the consolidation question, the governing body of each
corporation shall so declare by resolution, and. Each governing body shall cause a certified copy of
all proceedings taken for the consolidation to be filed with its auditor or clerk and, with the secretary
of state, and in the office of the register of deeds of the county, who shall record the same copy. When
such the certified copies are so filed, the consolidation shall be is effective and complete, and the
consolidated sanitary district shall have each and has all of the powers conferred upon a sanitary
district by this chapter, for the purpose of the construction or acquisition and operation of sewer
facilities or both water and sewer facilities, as shall have been authorized by the voters.
Section 107. That § 34A-5-49 be amended to read as follows:
34A-5-49. The consolidated sanitary district shall may not, however, by virtue of its incorporation,
acquire any of the property or assume any of the debts, obligations, or liabilities of any municipality
or sanitary district included within its boundaries.
Section 108. That § 34A-5-55 be repealed.
Section 109. That subdivision (17) of § 34A-6-1.3 be amended to read as follows:
34A-6-1.5. The board shall adopt a statewide comprehensive solid waste management plan. The plan shall be prepared in cooperation with all municipalities and counties in the state and shall be approved pursuant to the rule-making procedure of chapter 1-26. The plan shall cover a fifteen-year time period and shall serve as the basis for the board's decisions on the need for additional facilities
to be issued permits under § 34A-6-1.13. The plan shall include an analysis of the volume and
composition of solid waste from all sources,; projection of changes in volume and composition,; an
inventory of all existing and planned solid waste facilities and their permit status,; an evaluation of the
capacity of existing facilities,; an assessment of special site or other facility characteristics which may
affect the suitability of facilities for continued or future operation,; an evaluation of the adequacy of
existing capacity to handle the anticipated future volume and composition of waste,; an evaluation of
the feasibility and desirability of achieving waste stream volume or contaminant reductions through
source reductions, recycling, waste type segregation, compaction, incineration, or other technology,;
an assessment of the need for new facilities on the basis of these analyses,; and a facility plan for
meeting these needs which shall consider among other things location, site suitability, appropriateness
of facility type, and the utility and desirability of shared or regional facilities. The plan shall be updated
from time to time as circumstances shall warrant. A comprehensive updating of the plan shall be
undertaken no later than the tenth anniversary of the date on which the plan was approved by the
board.
Section 111. That § 34A-6-1.13 be amended to read as follows:
34A-6-1.13. The board or the secretary, after public notice and opportunity for public hearing, may issue a permit with reasonable terms and conditions for installation, establishment, modification, operation, or abandonment of a solid waste facility. After publication of the secretary's
recommendation on a permit application as provided for under § 34A-6-1.14, if no petition for
contested case is timely filed, the recommendation of the secretary becomes the final determination
on the application. If an uncontested recommendation is for approval or conditional approval of the
application, the permit shall be issued by the secretary consistent with his the secretary's
recommendation. The board may issue a permit in a contested case on the basis of information in the
application itself or on the basis of evidence received at a hearing, if any, on the matter only if the
board finds that the facility will meet the requirements of §§ 34A-6-1.1 to 34A-6-1.38, inclusive, and
is in the public interest.
Section 112. That § 34A-6-1.14 be amended to read as follows:
34A-6-1.14. The board shall
Section 113. That § 34A-6-1.22 be amended to read as follows:
34A-6-1.22. If the secretary has reason to believe that a violation of §§ 34A-6-1.1 to 34A-6-1.38, inclusive, has occurred,
§§ 34A-6-1.1 to 34A-6-1.38, inclusive, service by mail shall be is deemed complete on the date of
mailing.
Section 114. That § 34A-6-1.23 be amended to read as follows:
34A-6-1.23. In a notice given under § 34A-6-1.22, the secretary may also require the alleged
violator to appear for a public hearing to be conducted before the board, and to answer the charges
made against him the alleged violator. If the secretary does not require an alleged violator to appear
for a public hearing pursuant to this section, the alleged violator, a member of the board, or an
interested person may request the board to conduct such a hearing. Such request shall be in writing
and shall be filed with the board no later than ten days after service of a notice under § 34A-6-1.22.
If such a request is filed, a hearing shall be held as soon as practicable. In such event, notice of hearing
shall be provided which meets the requirements of § 1-26-17, and notice shall also be given in a
manner which will reasonably inform the public.
Section 115. That § 34A-6-1.27 be amended to read as follows:
34A-6-1.27. Upon issuing an order pursuant to § 34A-6-1.26, the secretary shall fix a place and
time for a hearing before the board, not later than five days thereafter after the order is issued, unless
the person to whom the order is directed shall request requests a later time. The secretary may deny
a request for a later time if he the secretary finds that the person to whom the order is directed is not
complying with the order. The hearing shall be conducted by the board in compliance with chapter 1-26 and rules promulgated by the board pursuant to chapter 1-26.
Section 116. That § 34A-6-1.34 be amended to read as follows:
34A-6-1.34. The board may enforce through its permit procedures those regulations rules
promulgated by the secretary pursuant to chapter 34-21 which that pertain to the land disposal of
radioactive substances. The department is designated the agency for all state purposes of the Federal
Solid Waste Disposal Act (Public Law 89-272) as amended to January 1, 1989 2011, and the
Hazardous and Solid Waste Amendments of 1984 (Public Law 98-616) as amended to January 1,
1989 2011.
Section 117. That § 34A-6-1.38 be amended to read as follows:
34A-6-1.38. In addition to the solid waste disposal fee assessed by the state under § 34A-6-1.17
and by a political subdivision under § 34A-6-29, a county or municipality may impose and levy a solid
waste disposal fee upon the disposal of solid waste at a solid waste facility within, or operated under,
its jurisdiction. Fees imposed under this section shall be are in addition to all other fees and taxes levied
by law.
Section 118. That § 34A-6-24 be amended to read as follows:
34A-6-24. Any municipality may grant and regulate franchises for the purpose of collection and
disposal of solid waste, as solid waste is defined by in subdivision 34A-6-1.3(17), originating in such
if the solid waste originates in the municipality or in a zone adjacent thereto, to the municipality that is
not a part of another municipality, and does not to exceed two miles around the boundaries of such the
municipality. Such The franchise may not be granted for a longer period than ten years.
Section 119. That § 34A-6-25 be amended to read as follows:
34A-6-25. No franchise shall may be granted by any municipality pursuant to § 34A-6-24 unless
the governing body of the municipality shall submit submits the proposition of issuing such the franchise
to a vote of the electors at a general or special election called for that purpose. Before submitting such
the proposition, the governing body shall first approve the proposed franchise by ordinance duly
adopted, incorporating the proposed franchise in full and providing for submission of such the
proposition at an election to be held not sooner than thirty days after the publication thereof of the
election and proposition. The notice of election and the proposition shall refer to such the ordinance by
number and shall include the full title thereof of the ordinance. No such franchise or franchise ordinance
shall be is effective unless the proposal to grant the same be franchise is approved at such the election
by a majority vote of the electors.
Section 120. That § 34A-6-29 be amended to read as follows:
34A-6-29. The governing body of a municipality, county, or subdivision may levy and collect such
fees and charges and require such licenses as are necessary to discharge their responsibility, and such.
The fees, charges, and licenses shall be based on a fee schedule set forth in an ordinance or resolution.
In the event If any fee, charge, or license so levied, other than a municipal garbage collection fee,
becomes delinquent, it the delinquency may be certified to the county treasurer and shall be collected
by the county treasurer in the following year as a condition precedent to payment of the real property
tax on the lot or parcel of land with respect to which the fee, charge, or license was levied. The chief
fiscal officer of a municipality shall collect a delinquent municipal garbage collection fee as a condition
precedent to the payment of any water, sewer, utility, or other charge collected by the municipality.
Section 121. That § 34A-6-50 be repealed.
34A-6-50. If a part of this chapter is invalid, all valid parts that are severable from the invalid part
remain in effect. If a part of this chapter is invalid in one or more of its applications, the part remains in
effect in all valid applications that are severable from the invalid application.
Section 122. That § 34A-6-55 be amended to read as follows:
34A-6-55. The Board of Minerals and Environment shall cause any existing large-scale solid waste
facility to cease operation unless or until legislative approval as prescribed in § 34A-6-53 has been
obtained.
Section 123. That § 34A-6-59 be amended to read as follows:
34A-6-59. The Legislature finds that the implementation of federal regulations under subtitle D of
the Resource Conservation and Recovery Act, P.L. 94-580, as amended to January 1, 1992 2011, will
reduce the available landfill capacity in the state for the disposal of municipal solid waste. The Legislature
further finds:
Section 124. That § 34A-6-70 be amended to read as follows:
34A-6-70. Each county and first class municipality shall prepare or have prepared, on or before January 1, 1993, a solid waste evaluation coordinated with the state solid waste management plan provided for in § 34A-6-1.5. The evaluation shall cover a fifteen-year time period, shall serve as the basis for county and municipal decisions on the need for facilities, and shall be provided to the board for its consideration in determining whether to issue facility permits under § 34A-6-1.13. The evaluation shall include an analysis of the current and projected volume of solid waste, disposal capacity including all existing and planned facilities, the potential for source reduction, reuse, recycling, resource recovery, and shared and regional recycling and waste management facilities. The evaluation shall include a full accounting of the true and total cost, including the long-term costs, of all options analyzed in the evaluation. Counties and municipalities subject to this section shall consider in their solid waste evaluation, 40 CFR parts 257 and 258 of the environmental protection agency solid waste disposal criteria commonly known as "RCRA subtitle D regulations," as finally adopted and published in the
Section 125. That subdivision (5) of § 34A-7-1 be amended to read as follows:
of improperly;
34A-7-3. For purposes of § 34A-7-2,
Section 127. That § 34A-7-7 be amended to read as follows:
34A-7-7. No person
Section 128. That § 34A-7-8 be amended to read as follows:
34A-7-8. In addition to any penalty imposed under this chapter, a person convicted of violating § 34A-7-7 while operating a motor vehicle
traffic violation. A report of conviction of the provisions of this chapter shall be forwarded to the
Department of Public Safety by the court, or the judge thereof, within ten days after the date the
conviction is entered.
Section 129. That § 34A-7-9 be amended to read as follows:
34A-7-9. No person
Section 130. That § 34A-7-14 be amended to read as follows:
34A-7-14. Municipalities and counties
Section 131. That § 34A-7-15 be amended to read as follows:
34A-7-15. Except as otherwise provided,
person from custody. Any person refusing to give such written promise to appear may be prosecuted
as in the manner of other violations of city ordinances.
Section 132. That § 34A-9-2 be amended to read as follows:
34A-9-2. As used in this chapter, unless the context otherwise requires, "actions" include the term,
actions, includes:
Section 133. That § 34A-9-3 be amended to read as follows:
34A-9-3. As used in this chapter,
Section 134. That § 34A-9-7 be amended to read as follows:
34A-9-7. An environmental impact statement shall be prepared in accordance with the procedural requirements relating to citizen participation of the National Environmental Policy Act of 1969 as
amended to January 1, 1992 2011, and implementing regulations adopted pursuant to that act, and shall
include, at a minimum, a detailed statement setting forth the following:
Section 135. That § 34A-9-11 be amended to read as follows:
34A-9-11.
Section 136. That § 34A-9-12 be amended to read as follows:
34A-9-12. The requirements of this chapter
Section 137. That § 34A-10-2.1 be amended to read as follows:
34A-10-2.1. Any person making application to the Water Management Board or the Board of Minerals and Environment for a permit, a license, or an extension, amendment, or renewal of an existing
permit or license, which authorizes activity that could result in a significant risk of pollution,
contamination, or degradation of the environment and that is not covered by a performance or damage
bond or other financial assurance instrument, may be required, as a condition of the permit, to provide
financial assurance guaranteeing the performance of corrective actions to contain, mitigate, and
remediate all pollution, contamination, or degradation which may be caused by such the activity. The
financial assurance in a reasonable and proper amount shall be in a form and an amount approved by
the board, and may include, but is not limited to insurance, company net worth considerations, a surety
bond, escrow account, letter of credit, trust, guarantee, or cash deposit.
Section 138. That § 34A-10-2.2 be amended to read as follows:
34A-10-2.2. All right and title in any bond or other security required by the Water Management
Board or the Board of Minerals and Environment under any provision of this title, Title 45, or Title 46
for the protection of the environment or reclamation of lands or other resources shall be in the state until
such time as the board by order releases the security. Such The bond or other security does not
constitute an asset of the person required to provide it, and may not be cancelled, assigned, revoked,
disbursed, replaced, or allowed to terminate without board approval. The bond or other security shall
be in a form and a reasonable and proper amount approved by the board, and may include, but is not
limited to a surety bond, escrow account, letter of credit, trust, guarantee, or cash deposit. The board
may permit the use of financial assurance other than a bond, including company net worth
considerations. Interest earned on any bond or deposit made under § 34A-10-2.1 shall be returned
annually to the person required to provide the bond.
Section 139. That § 34A-10-2.5 be amended to read as follows:
34A-10-2.5. The secretary of the Department of Environment and Natural Resources may bring
an action without furnishing of bond, for an injunction against any person who fails to comply with an
order issued by the secretary or any official under his the secretary's supervision having authority to issue
such order by virtue of this title, Title 45, or Title 46. The court to which the department applies for an
injunction may issue a temporary injunction, if it finds that there is reasonable cause to believe that the
allegations of the department are true, and it may issue a temporary restraining order pending action on
the temporary injunction.
Section 140. That § 34A-10-3 be amended to read as follows:
34A-10-3. If the court has reasonable ground to doubt the solvency of the plaintiff or the plaintiff's
ability to pay any cost or judgment which might be rendered against him the plaintiff in an action brought
under this chapter, the court may order the plaintiff to post a surety bond or cash not to exceed five
hundred dollars.
Section 141. That § 34A-10-4 be amended to read as follows:
34A-10-4. The court may appoint a master or referee, who shall be a disinterested person and
technically qualified, to take testimony and make a record and a report of his or her findings to the court
in the action.
Section 142. That § 34A-10-5 be amended to read as follows:
34A-10-5. If, in an action pursuant to § 34A-10-1, administrative, licensing, or other proceedings
are required or available to determine the legality of the defendant's conduct, the court shall remit the
parties to such proceedings, which. The proceedings shall be conducted in accordance with and subject
to the provisions of chapters 34A-1 and 34A-2. In so remitting the court may grant temporary equitable
relief where if necessary for the protection of the air, water, and other natural resources or the public
trust therein in such resources from pollution, impairment, or destruction. In so remitting the court shall
retain jurisdiction of the action pending completion thereof of the action for the purpose of determining
whether adequate protection from pollution, impairment, or destruction has been afforded.
Section 143. That § 34A-10-6 be amended to read as follows:
34A-10-6.
Section 144. That § 34A-10-8 be amended to read as follows:
34A-10-8. In any
Section 145. That § 34A-11-3 be amended to read as follows:
34A-11-3. The Department of Environment and Natural Resources is designated as the agency for all state purposes of the Federal Resource Conservation Recovery Act as amended to January 1,
Section 146. That § 34A-11-9 be amended to read as follows:
34A-11-9. The Board of Minerals and Environment may promulgate rules, pursuant to chapter 1-26, governing the generation, transportation, treatment, storage, and disposal of hazardous wastes necessary to execute the provisions of this chapter. The rules may include
container use, inspections, closure, post-closure procedures and requirements, contingency planning,
enforcement, and use of a manifest system to assure all hazardous wastes are designated for treatment,
storage, or disposal at a permitted hazardous waste management facility. The board may adopt rules
which promulgate rules pursuant to chapter 1-26 that are consistent with the Hazardous Materials
Transportation Act (88 Stat. 2156; 49 U.S.C. § 1801 et seq.), as amended to January 1, 2011, and
the regulations thereunder adopted pursuant to that Act.
Section 147. That § 34A-11-11 be amended to read as follows:
34A-11-11. Any person may file a complaint with the secretary of environment and natural resources regarding a violation of this chapter. The secretary may conduct an investigation of the alleged violation and make a written report of the investigation to the person. If the secretary determines that a violation has occurred,
Section 148. That § 34A-11-15 be amended to read as follows:
34A-11-15. Any permit issued pursuant to this chapter may be revoked, modified, or suspended, in whole or in part, during its term for cause, including
Section 149. That § 34A-11-17 be amended to read as follows:
34A-11-17. If the secretary of environment and natural resources determines that a person is in
violation of this chapter, or any rule made hereunder, he promulgated pursuant to this chapter, the
secretary may cause written notice and an order to be served personally or by mail upon the alleged
violator or his the alleged violator's agent. The notice and order shall state the statute or rule allegedly
violated, the pertinent facts, the nature of any corrective action that may be required and the time within
which the action is to be taken. A notice and order may include a suspension or revocation of a permit
issued under this chapter. For purposes of this chapter, service by mail is considered complete on the
date of mailing.
Section 150. That § 34A-11-23 be amended to read as follows:
34A-11-23. This chapter may not be construed to abridge or alter Nothing in this chapter abridges
or alters any rights of action or remedies in equity or under the common law or statutory law, criminal
or civil, nor may it. Nothing in this chapter may be construed as estopping any person in the exercise
of his the person's rights in equity or under the common law or statutory law to suppress nuisances or
to abate pollution.
Section 151. That § 34A-11-26 be amended to read as follows:
34A-11-26. In addition to the hazardous waste disposal fee assessed by the state under § 34A-11-25, a county or municipality may impose and levy a hazardous waste disposal fee upon the disposal of
hazardous waste at any hazardous waste disposal facility within, or operated under, its jurisdiction
excluding those facilities disposing of hazardous waste in a process of energy recovery. Fees imposed
under this section shall be are in addition to all other fees and taxes levied by law. The incineration or
thermal destruction of hazardous waste shall be is considered disposal for the purpose of this fee.
facility may collect these fees from persons disposing of hazardous waste at his the owner's facility. The
fee imposed by this section shall be is payable on or before the fifteenth day of the month next
succeeding the month in which the fee accrued together with a return on such forms as may be
prescribed by the county or municipal treasurer. Each person required to pay the fee imposed by this
section shall keep complete and accurate records in such form as the county or municipal treasurer may
require a form required by the county or municipal treasurer.
Section 152. That subdivision (8) of § 34A-12-1 be amended to read as follows:
9601 to 9675, inclusive), as amended to January 1, 2011; and petroleum, petroleum
substances, oil, gasoline, kerosene, fuel oil, oil sludge, oil refuse, oil mixed with other wastes,
crude oils, substances, or additives to be utilized in the refining or blending of crude
petroleum or petroleum stock, and any other oil or petroleum substance. This term does not
include sewage and sewage sludge;
34A-12-3.1. A subfund of the regulated substances response fund is hereby created for recovered leaking underground storage tank trust fund moneys. The subfund shall be separately maintained and administered in the manner required by the Superfund Amendments and Reauthorization Act of 1986 as amended as of January 1,
Section 154. That § 34A-13-6 be amended to read as follows:
34A-13-6. If the director has reason to believe that a release has occurred,
Section 155. That § 34A-13-7 be amended to read as follows:
34A-13-7. Any person who the director has reason to believe is a covered party, or the owner of real property where corrective action is ordered to be taken, or any person who may have information concerning a release or a corrective action, shall, if requested by the director
Failure on the part of the covered party to do so allows denial of benefits under this chapter pursuant
to subdivision 34A-13-8.5(6).
Section 156. That § 34A-13-8 be amended to read as follows:
34A-13-8. The director or his designee, may, upon presentation of official fund credentials:
Section 157. That § 34A-13-9.1 be amended to read as follows:
34A-13-9.1. Reimbursement, without a corrective action plan, may be allowed for tank pulling
Section 158. That § 34A-13-41 be amended to read as follows:
34A-13-41. The board shall provide reimbursement to licensed petroleum marketers, and other tank owners as defined by the board pursuant to rule for liability to third parties. Coverage
of Water Management, in any amount not to exceed nine hundred ninety thousand dollars as described
in §§ 34A-13-8.1 and 34A-13-40 and set forth in §§ 34A-13-42 to 34A-13-46, inclusive.
Section 159. That § 34A-14-19 be amended to read as follows:
34A-14-19. Any member or employee of the authority who has, will have, or later acquires a
personal interest, direct or indirect, in any transaction with the authority shall immediately disclose the
nature and extent of such the interest in writing to the authority as soon as he the member or employee
has knowledge of such actual or prospective interest. Such The disclosure shall be entered upon the
minutes of the authority. Upon such the disclosure, such the member or employee may not participate
in any action by the authority authorizing such the transaction. Actions taken when such the member or
employee reasonably believed that he the member or employee had no and would not have any conflict
are not invalidated because of such conflict. The fact that a member is also an officer or owner of an
organization is not deemed to be a direct or indirect interest unless:
Section 160. That subdivision (4) of § 34A-15-2 be amended to read as follows:
45-1-2.
surveys of the state in relation to geology, natural history, archaeology, and anthropology, particularly
studying and emphasizing the economic geology of this state.
Section 162. That § 45-1-3 be amended to read as follows:
45-1-3. It is the duty of the state geologist, when so The state geologist, if requested by the
commissioner of school and public lands, to shall examine any state or school land in this state and make
a written report to the commissioner of school and public lands concerning the geology thereof of the
state or school land and such other related matters relating thereto as may be embraced included in the
request.
Section 163. That § 45-1-4 be repealed.
45-1-4. Subject to the provisions of chapter 45-9, the state geologist is charged with the duty of
enforcing all of the laws of this state relating to the oil and gas industry and the conservation of oil and
gas deposits in this state.
Section 164. That § 45-2-4.2 be amended to read as follows:
45-2-4.2. The state geologist is hereby directed to shall continue the making of the actual geological
survey of the lands, and earth, and the area beneath the surface of the lands of this state as provided by
this chapter.
Section 165. That § 45-2-4.3 be amended to read as follows:
45-2-4.3. The state geologist
necessary, in the carrying out of other items necessary for conducting surveys and implementing the
provisions of this chapter in the making of said survey or surveys, including. Authorized expenses include
the cost of placing all information secured at the disposition of the Governor and the executive office,
and as may be otherwise provided by law, for use in the advertising and development of the resources
of said the State of South Dakota.
Section 166. That § 45-4-1 be amended to read as follows:
45-4-1. No location of a mining claim
Section 167. That § 45-4-2 be amended to read as follows:
45-4-2. Before filing a location certificate pursuant to § 45-4-4, the discoverer shall locate
Section 168. That § 45-4-3 be amended to read as follows:
45-4-3.
account because of rock or precipitous ground to sink such posts, they may be placed in a monument
of stone.
Section 169. That § 45-4-4 be amended to read as follows:
45-4-4. The discoverer of a lode shall within sixty days from the date of discovery record his the
claim in the office of the register of deeds of the county in which such the lode is located by a location
certificate which shall contain:
Section 170. That § 45-4-5 be amended to read as follows:
45-4-5. No location certificate
Section 171. That § 45-4-6 be amended to read as follows:
45-4-6. The length of any lode claim
Section 172. That § 45-4-7 be amended to read as follows:
45-4-7. The register of deeds
Section 173. That § 45-4-8 be amended to read as follows:
45-4-8. If
the locator or the locator's assigns may file an additional certificate subject to the provisions of this chapter.
Section 174. That § 45-4-10 be amended to read as follows:
45-4-10. The location or location certificate of any lode claim
Section 175. That § 45-4-14 be amended to read as follows:
45-4-14. Any person, firm, association, or corporation who makes or sinks discovery shafts, open cuts, adits, or equivalents
Section 176. That § 45-4-16 be amended to read as follows:
45-4-16. In all actions in any circuit court of this state
of any of the parties to such the suit, enter an order for the underground as well as surface survey of such
the part of the property in dispute as may be necessary to a just determination of the question involved.
Section 177. That § 45-4-17 be amended to read as follows:
45-4-17. Such order The order specified in § 45-4-16 shall designate some competent surveyor
not related to any of the parties to such the suit or in anywise nor in any way interested in the result of
the same; and upon suit to conduct the survey. Upon the application of the party adverse to such the
application, the court may also appoint some competent surveyor to be selected by such the adverse
applicant whose duty it shall be to who shall attend upon such the survey and observe the method of
making the same survey at the cost of the party asking therefor. It shall also be lawful in such order to
for the survey. The order may specify the names of witnesses named by either party, not exceeding three
on each side, to examine such property, who shall be allowed to enter into such property and examine
the same who may enter into and examine the property.
Section 178. That § 45-4-18 be amended to read as follows:
45-4-18. No such order shall may be made for survey and inspection except in open court or in
chambers upon notice of at least six days, and not then except only by agreement of parties or upon the
affidavit of two or more persons that such the survey and inspection is necessary to the just
determination of the suit, which. The affidavits shall state the facts in such the case and wherein the
necessity for the survey exists; nor shall such order. No such order may be made unless it appears that
the party asking therefor for the order has been refused the privilege of survey and inspection by the
adverse party.
Section 179. That § 45-4-19 be amended to read as follows:
45-4-19. Such court or judge thereof The court may also cause the removal of any rock, debris,
or other obstacle in any of the drifts or shafts of such the property when such if removal is shown to be
necessary to a just determination of the question involved.
Section 180. That § 45-4-20 be amended to read as follows:
45-4-20. Any person who associates with another to obtain possession of a lode, gulch, or placer
claim, then in the actual possession of another, by force and violence or by threats of violence or by
stealth, and carry who carries out such purpose by:
Section 181. That § 45-4-21 be amended to read as follows:
45-4-21. On trials under § 45-4-20, proof of a common purpose of two or more persons to obtain possession of property
Section 182. That § 45-4-22 be amended to read as follows:
45-4-22. The circuit court
of any mining property from:
Section 183. That § 45-5-1 be amended to read as follows:
45-5-1.
shall be entitled to may exercise the power of eminent domain as to the surface estate only, and in. In
the exercise of eminent domain, the owner may proceed as condemnation proceedings are conducted
by the state Department of Transportation pursuant to chapter 31-19, or as may otherwise be provided.
Section 184. That § 45-5-2 be amended to read as follows:
45-5-2. Whenever the owner of any mining claim shall desire to work the same and to enable him
to do so If, in order to enable the owner of a mining claim to successfully and conveniently work the
claim, it is necessary that he the owner have a right-of-way for any of the purposes mentioned set forth
in § 45-5-1, and such if such a right-of-way shall not have has not been acquired by agreement between
him the owner of the mining claim and the owner of the claim over, under, across, or upon which he the
owner of the mining claim seeks to establish such the right-of-way, he the owner of the mining claim may
present to the judge of the circuit court for the county in which the desired right-of-way or some part
thereof of the right-of-way is situated, and file with the clerk of said the court a petition praying
requesting that such the right-of-way be awarded to him. Such. The petition shall be verified and contain
a particular description of the character and extent of the right sought, a description of the mine or claim
of the petitioner, and the claim or claims on lands to be affected by such the right or privilege, with the
names of the occupants or owners thereof; it of the lands. The petition may also set forth any tender or
offer mentioned in § 45-5-14 and shall demand the relief sought.
Section 185. That § 45-5-3 be amended to read as follows:
45-5-3. Upon the filing of such a petition with the clerk of such the court pursuant to § 45-5-2, the
judge shall direct an order to issue to the owners named in the petition of mining claims and lands to be
affected by the proceeding, directing each of them to appear before the judge on a day therein named,
which shall named in the order, not be less than ten days from the service thereof of the order, and show
cause why such the right-of-way should not be allowed as prayed for. Such requested. The order shall
be served on each of the parties in the manner prescribed by law for serving summons in a civil action.
Section 186. That § 45-5-4 be amended to read as follows:
45-5-4. Upon the return day of the order or upon any day to which the hearing shall be is
adjourned, the judge shall proceed to hear the allegations and proofs of the respective parties; and if
upon such hearing he. If upon the hearing the judge is satisfied that the claim of the petitioner should be
worked by means of the privilege prayed for, he requested, the judge shall make an order adjudging and
awarding to the petitioner such the right-of-way, and shall appoint three commissioners who shall be
disinterested residents of the county to assess the damage resulting to the lands or claims affected by
such the order.
Section 187. That § 45-5-5 be amended to read as follows:
45-5-5. The commissioners so appointed pursuant to § 45-5-4 shall be sworn or affirmed to
discharge their duties faithfully and impartially, and. They shall proceed without unreasonable delay to
examine the premises and, shall assess the damage resulting from such the right or privilege prayed for
requested, and shall report the amount to the judge appointing them; and if such. If the right-of-way shall
affect affects the property of more than one person or company, such the report shall contain an
assessment of the damages to each company or person.
Section 188. That § 45-5-6 be amended to read as follows:
45-5-6. Upon the payment of the sum assessed as damages to the persons to whom it shall be
awarded or a tender thereof of the sum to them, the person petitioning shall be entitled to the
right-of-way prayed for in his is entitled to the right-of-way requested in the petition and may
immediately proceed to occupy the same and to erect thereon such work and structures and make
thereon such excavations the right-of-way and erect works and structures and conduct excavations in
the right-of-way as may be necessary to the use and enjoyment of the right-of-way so awarded.
Section 189. That § 45-5-11 be amended to read as follows:
45-5-11. The prosecution of any appeal
Section 190. That § 45-5-12 be amended to read as follows:
45-5-12. If the appellant
Section 191. That § 45-5-13 be amended to read as follows:
45-5-13. The costs and expenses under the provisions of this chapter, except as
Section 192. That § 45-5-14 be amended to read as follows:
45-5-14. If the applicant
Section 193. That § 45-5A-5 be amended to read as follows:
45-5A-5. The mineral developer shall give the surface owner written notice of proposed mineral development, other than exploration activities, at least thirty days
commenced. This notice shall be given to the record surface owner at his the surface owner's address
as shown by the records of the county register of deeds at the time the notice is given. This notice shall
sufficiently disclose the plan of work and operations to enable the surface owner to evaluate the effect
of drilling operations on the surface owner's use of the property. Included with this notice shall be a form
prepared by the Department of Environment and Natural Resources advising the surface owner of his
or her rights and options under this chapter.
Section 194. That § 45-5A-6 be amended to read as follows:
45-5A-6. The mineral developer shall be is responsible for all damages to property, real or
personal, resulting from the lack of ordinary care by the mineral developer. The mineral developer shall
also be is also responsible for all damages to property, real or personal, resulting from an interference
caused by mineral development.
Section 195. That § 45-5A-7 be amended to read as follows:
45-5A-7. The affected surface owner, to receive compensation, under pursuant to §§ 45-5A-8 and
45-5A-9, shall notify the mineral developer, in writing, of the damages sustained by the affected surface
owner within two years after the injury becomes apparent or should have become apparent to a
reasonable man person.
Section 196. That § 45-6-72 be amended to read as follows:
45-6-72. Together with the annual one hundred dollar license fee, the operator shall submit the
following information for each location mined during the previous year: the tonnage of material removed,
a map showing the areas mined, the areas reclaimed, and the acreage of each.
Section 197. That § 45-6-69 be amended to read as follows:
45-6-69. The operator shall submit notification, consisting of a map of the affected area and the
information required in the newspaper notice to the South Dakota Department of Environment and
Natural Resources, the South Dakota Department of Game, Fish and Parks, the South Dakota
Department of Education, and the local conservation district, of his the operator's intent to commence
mining at a new mine site at least thirty days prior to before beginning mining operations.
Section 198. That § 45-6-76 be amended to read as follows:
45-6-76. It is a violation of the terms and conditions of an operator's license to refuse entry or
access to any authorized representative of the Board of Minerals and Environment who, after presenting
appropriate credentials, requests entry for the purpose of inspection under §§ 45-6-64 to 45-6-77,
inclusive. No operator may obstruct, hamper, or interfere with any such investigation. If he so requests,
the The operator of the mining site may request and shall receive a report within ten days after the
inspection setting forth the observations made by the person making the inspection which relate to
compliance with §§ 45-6-64 to 45-6-77, inclusive.
Section 199. That § 45-6B-5 be amended to read as follows:
45-6B-5. Any person desiring to engage in a mining operation shall make written application to the
Board of Minerals and Environment for a permit for each mining operation on forms furnished by the
board. The permit, if approved, shall authorize authorizes the operator to engage in the mining operation
on the affected lands described in his the application for the life of the mine. The application shall consist
of:
Section 200. That § 45-6B-22 be amended to read as follows:
45-6B-22. In determining whether the surety of an operator shall be guaranteed by a corporate surety bond and in determining the form of surety to be provided by the operator if other than a bond, the Board of Minerals and Environment shall consider, with respect to the operator, such factors as
Section 201. That § 45-6B-27 be amended to read as follows:
45-6B-27. The penalty of the surety shall from time to time be increased or reduced by the Board of Minerals and Environment so that the bond covers the cost of reclamation which would accrue to the state, if the state were required to reclaim the affected areas within the permit or in accordance with the number of acres to which the bond is no longer operative because of the operator's withdrawal of acreage or by reason of
Section 202. That § 45-6B-28 be amended to read as follows:
45-6B-28. Any person
Section 203. That § 45-6B-33.1 be amended to read as follows:
45-6B-33.1. Before making a determination pursuant to subdivision 45-6B-33(6), the board shall
require the applicant to submit a socioeconomic impact study. The socioeconomic impact study shall
be prepared at the operator's expense by a contractor approved by the board. An applicant may
request board approval of a contractor at any time before or after filing a permit application.
Section 204. That § 45-6B-45 be amended to read as follows:
45-6B-45. Depending on the reclamation plan approved by the board, the operator shall meet the following requirements:
Board of Minerals and Environment, select the type of trees to be planted. Planting methods
and care of stock shall be governed by good planting practices. If the operator is unable to
acquire sufficient planting stock of desired tree species from the state or elsewhere at a
reasonable cost, he the operator may defer planting until planting stock is available to plant
such land as originally planned, or he the operator may select an alternative method of
reclamation;
the requirements necessary for such reclamation shall be agreed upon by the operator,
landowner, and the board. "Industrial or other uses" The term, industrial or other uses, may
not be construed to include future mineral exploration or development unless the board,
operator, landowner, and local board of county commissioners agree that reclamation for
future mineral exploration or development will result in a beneficial future use of the affected
land.
Section 205. That § 45-6B-47 be amended to read as follows:
45-6B-47. Any mining operation permit may be transferred. If one operator succeeds another at any uncompleted operation,
Section 206. That § 45-6B-48 be amended to read as follows:
45-6B-48. If the secretary of environment and natural resources has reason to believe that a
violation of an order, permit, notice of intent, or rule issued under the authority of this chapter has
occurred, written notice shall be given to the operator of the alleged violation. The notice shall be served
personally or by registered mail upon the alleged violator or his the alleged violator's agent for service
of process. The notice shall state the provision alleged to be violated and the facts alleged to constitute
the violation and shall recommend possible corrective action.
Section 207. That § 45-6B-72 be amended to read as follows:
45-6B-72. It is a violation of a mining permit's terms and conditions to refuse entry or access to any
authorized representative of the Board of Minerals and Environment who after presenting appropriate
credentials requests entry for the purpose of inspection under this chapter; nor shall may any person
obstruct, hamper, or interfere with any such investigation. If requested, the operator of the mining site
shall is entitled to receive a report setting forth the observations made by the person making the
inspection which relate to compliance with this chapter.
Section 208. That § 45-6B-87 be amended to read as follows:
45-6B-87. Nothing in this chapter relieves the holder of any large-scale gold or silver surface mining
permit from any of the requirements of the Clean Air Act of 1955, as amended to January 1, 2011, the
Clean Water Act of 1977, as amended to January 1, 2011, the South Dakota Air Quality Act (chapter
34A-1), the Federal Water Pollution Control Act of 1972, as amended to January 1, 2011, the Safe
Drinking Water Act (P.L. 93-523), as amended to January 1, 2011, the Mine Safety and Health
Administration regulations (30 C.F.R. Part 3830), as amended to January 1, 2011, United States Forest
Service surface mining and exploration reclamation requirements (43 C.F.R., page 228), as amended
to January 1, 2011, Bureau of Land Management mining and exploration requirements (43 C.F.R. Part
3800), as amended to January 1, 2011, the Mined Land Reclamation Act (this chapter), the regulated
substance discharges statutes in chapter 34A-12, the Resource Conservation and Recovery Act of
1976, as amended to January 1, 2011, the Comprehensive Environmental Response, Compensation
and Liability Act of 1980 (P.L. 95-510), as amended to January 1, 2011, the Toxic Substance Control
Act of 1976 (P.L. 94-469), as amended to January 1, 2011, Lawrence County extractive industries
ordinances, as amended to January 1, 2011, and all rules and regulations promulgated to implement
existing statutes, including rules dealing with air pollution, control of visible emissions, open burning,
control of particulate emissions, control of sulfur compound emissions, new source performance
standards, standards of performance for storage vessels of petroleum liquids, air standards, spill control
plans, buried tanks, water pollution, public water systems, and dredge and fill permit requirements.
Section 209. That § 45-6B-96 be amended to read as follows:
45-6B-96. The board may not issue new permits to or amendments to existing permits for presently
operating large-scale gold or silver surface mining operations for expanded acres of surface mining
disturbed lands until reclamation has been performed in accord with § 45-6B-97, except that presently
operating large-scale gold or silver surface mining operations shall not be are not subject to this provision
until the permitted acres of surface mining disturbed lands shall total two hundred acres more per each
individual permit than its permitted surface mining disturbed land total acreage as of January 1, 1992.
Section 210. That § 45-6B-99 be amended to read as follows:
45-6B-99. Presently operating or new underground mining operations shall not be are not subject
to the provisions of §§ 45-6B-94 to 45-6B-99, inclusive.
Section 211. That § 45-6C-20 be amended to read as follows:
45-6C-20. Criteria which shall be considered to determine the amount of surety necessary to
guarantee the costs of reclamation of affected public and private lands and facilities shall include, but not
be limited to include:
made water storage and transport facilities, domestic and public water wells and water
supply, waste water transport, storage and treatment facilities, or crops;
Section 212. That § 45-6C-21 be amended to read as follows:
45-6C-21. In determining whether the surety of an operator shall be guaranteed by a corporate surety bond and in determining the form of surety to be provided by the operator if other than a bond, the Board of Minerals and Environment shall consider, with respect to the operator, such factors as
Section 213. That § 45-6C-33 be amended to read as follows:
45-6C-33. The operator shall restore each drill site and other affected land as nearly as possible to its original condition including
Section 214. That § 45-6C-36 be amended to read as follows:
45-6C-36. If the secretary of environment and natural resources has reason to believe that a violation of this chapter has occurred, written notice shall be given to the operator of the alleged violation.
violated and the facts alleged to constitute the violation and shall recommend possible corrective action.
Section 215. That § 45-6C-51 be amended to read as follows:
45-6C-51. Any person engaged in recreational, hobby, amateur, or field activities independently or
sponsored by educational institutions or by organizations involved in earth science activities including, but
not limited to, geology, mineralogy, paleontology, treasure hunting, gold panning, archaeology, and
noncommercial agate and gem hunting and using hand- held tools and equipment is exempt from the
provisions of this chapter.
Section 216. That § 45-6C-53 be amended to read as follows:
45-6C-53. Any exploration notice of intent may be transferred. If one operator succeeds another
at any uncompleted exploration operation, he the successor operator shall make application for a transfer
to the Board of Minerals and Environment. The board may not deny a transfer unless the operation is not
in compliance or cannot be brought into compliance, with all applicable local, state, and federal laws
pertaining to the operation prior to before the transfer, or unless the successor operator is in violation of
state statutes, rules, notice restrictions, mining permit conditions, or requirements with respect to any
exploration or mining operation in the state. The board shall release the first operator from reclamation
liability as to that particular exploration operation and shall release his the first operator's surety posted
to cover the costs of reclamation if the successor operator assumes, as part of his the successor
operator's obligation under this chapter, all liability for the reclamation of the affected land not completed
by the first operator and reclamation of any additional lands affected under the notice. The obligation to
complete this reclamation shall be covered by an appropriate surety. The successor may only conduct
exploration work authorized in the notice and shall comply with the terms and conditions established
when the original notice was issued. Notice of a transfer shall be given to the board and shall be
accompanied by a two hundred fifty dollar transfer fee.
Section 217. That § 45-6D-20 be amended to read as follows:
45-6D-20. Criteria which shall be considered to determine the amount of surety necessary to guarantee the costs of reclamation of affected public and private lands and facilities
Section 218. That § 45-6D-21 be amended to read as follows:
45-6D-21. In determining whether the surety of an operator shall be guaranteed by a corporate surety bond and in determining the form of surety to be provided by the operator if other than a bond, the Board of Minerals and Environment shall consider, with respect to the operator, such factors as
Section 219. That § 45-6D-26 be amended to read as follows:
45-6D-26. Any person
on the question of whether the permit should be granted. The applicant shall be notified by the board or
Department of Environment and Natural Resources within five days of receipt of any objections to his
the application and shall be supplied with provided a copy of the written objections.
Section 220. That § 45-6D-38 be amended to read as follows:
45-6D-38. The operator shall restore each drill site and other affected land as nearly as possible to
its original condition including, but not limited to, backfilling all mudpits, scattering any drill cuttings left
on the surface, reseeding the drill site and approach trails, removing shot wire, or other action as may be
necessary.
Section 221. That § 45-6D-52 be amended to read as follows:
45-6D-52. If the secretary of environment and natural resources determines that any violation of any
provisions of this chapter or of any notice, permit, or rule issued or promulgated under authority of this
chapter exists, the board, not less than forty-eight hours after service of the notice required by § 45-6D-51, may issue a cease and desist order. The order shall set forth the provisions alleged to be violated, the
facts alleged to constitute the violation, and the time by which the acts or practices complained of shall
be terminated and shall recommend possible corrective action. The order shall be served personally or
by registered mail upon the alleged violator or his the alleged violator's agent for service of process.
Section 222. That § 45-6D-62 be amended to read as follows:
45-6D-62. It is a violation of a uranium exploration operation permit's terms and conditions to refuse
entry or access to any authorized representative of the Board of Minerals and Environment who, after
presenting appropriate credentials requests entry for the purpose of inspection under this chapter; nor
shall may any person obstruct, hamper, or interfere with any such investigation. If requested, the operator
of the uranium exploration site shall receive a report setting forth the observations made by the person
making the inspection which relate to compliance with this chapter.
Section 223. That § 45-6D-64 be amended to read as follows:
45-6D-64. The Department of Agriculture, the Department of Environment and Natural Resources, the Department of Game, Fish and Parks, the Department of Education, the commissioner of school and public lands, and local conservation districts shall furnish the Board of Minerals and Environment
Section 224. That § 45-9-5 be amended to read as follows:
45-9-5. Without limiting its general authority, the Board of Minerals and Environment may require, or may delegate to the
Section 225. That § 45-9-6 be amended to read as follows:
45-9-6. Without limiting its general authority, the Board of Minerals and Environment may require, or may delegate to the
Section 226. That § 45-9-8 be amended to read as follows:
45-9-8. Without limiting its general authority, the Board of Minerals and Environment may classify, or may delegate to the
Section 227. That § 45-9-9 be amended to read as follows:
45-9-9. Without limiting its general authority, the Board of Minerals and Environment may require, or may delegate to the
to require metering or other measuring of oil, gas, or product.
Section 228. That § 45-9-10 be amended to read as follows:
45-9-10. Without limiting its general authority, the Board of Minerals and Environment may require,
or may delegate to the office of the state geologist secretary of environment and natural resources,
specific authority to require that wells not be operated with inefficient gas-oil or water-oil ratios, and to
fix their ratios, and to limit production from wells with inefficient gas-oil or water-oil ratios.
Section 229. That § 45-9-12 be amended to read as follows:
45-9-12. Without limiting its general authority, the Board of Minerals and Environment may regulate,
or may delegate to the office of the state geologist secretary of environment and natural resources,
specific authority to regulate the production of oil and gas from any field, pool, or area, where physical
waste is created.
Section 230. That § 45-9-14 be amended to read as follows:
45-9-14. Without limiting its general authority, the Board of Minerals and Environment may require,
or may delegate to the office of the state geologist secretary of environment and natural resources,
specific authority to require the drilling, casing, operation, and plugging of wells in such manner as to
prevent:
Section 231. That § 45-9-15 be amended to read as follows:
45-9-15. Without limiting its general authority, the Board of Minerals and Environment may require,
or may delegate to the office of the state geologist secretary of environment and natural resources,
specific authority to require the furnishing of a plugging and performance bond in the amount of five
thousand dollars per well drilled, or twenty thousand dollars blanket, with good and sufficient surety,
conditioned for the performance of the duty to plug each dry or abandoned well, to restore the premises,
insofar as possible, to the condition which existed prior to that existed before the filing of the application
to drill; and conditioned on the proper performance of all of the requirements of §§ 45-9-5 to 45-9-18,
inclusive. The condition of the bond insofar as it relates to restoration of the surface shall be is deemed
to have been complied with if the landowner or lessee and the producer or driller adopt a different plan
as approved by the board. The board may require additional bond if the circumstances require.
Section 232. That § 45-9-15.1 be amended to read as follows:
45-9-15.1. The Board of Minerals and Environment shall require the furnishing of a surface
restoration bond when if the landowner or lessee is not a party to the oil or gas leasing agreement in the
amount of two thousand dollars per well drilled, or ten thousand dollars blanket, with good and sufficient
surety, conditioned for the performance of the duty to restore the premises, insofar as possible, to the
condition which existed prior to before the filing of the application to drill. The term, premises, as used
herein is deemed to include in this section, includes the surface property of the landowner or lessee, both
real and personal, and the ingress to and the egress from such the real property.
Section 233. That § 45-9-16 be amended to read as follows:
45-9-16. Without limiting its general authority, the Board of Minerals and Environment may require,
or may delegate to the office of the state geologist secretary of environment and natural resources,
specific authority to require that every person who produces, sells, purchases, acquires, stores,
transports, refines, or processes oil or gas in this state shall keep and maintain complete and accurate
records of the quantities thereof, which of the oil or gas. The records shall be available for examination
by the board or its agents upon request.
Section 234. That § 45-9-17 be amended to read as follows:
45-9-17. Without limiting its general authority, the Board of Minerals and Environment may require,
or may delegate to the office of the state geologist secretary of environment and natural resources,
specific authority to require the filing with the board of reports or plats that it may prescribe.
Section 235. That § 45-9-18 be amended to read as follows:
45-9-18. Without limiting its general authority, the Board of Minerals and Environment may require,
or may delegate to the office of the state geologist secretary of environment and natural resources,
specific authority to require the making and filing in the office of the state geologist within thirty days after
the completion or abandonment of the well filing of all mechanical well logs, directional surveys, and
reports on well location, drilling, and production, and for with the secretary within thirty days after the
completion or abandonment of the well. The board may also require the filing free of charge of samples
and core chips and of complete cores, if taken, when and if requested in the office of the state geologist,
with the secretary within six months after the completion or abandonment of the well; provided, however,
that. However, the log and samples and cores of an exploratory or wildcat well may, upon written
request by the operator, be held confidential until six months after the completion of the well.
Section 236. That § 45-9-22 be amended to read as follows:
45-9-22. An order establishing spacing units shall specify the size and shape of the units, which shall
be such as will in the opinion of the Board of Minerals and Environment result in the efficient and
economical development of the pool as a whole. The size of the spacing units shall may not be smaller
than the maximum area that can be efficiently and economically drained by one well.
Section 237. That § 45-9-24 be amended to read as follows:
45-9-24. Where If spacing units of different sizes or shapes exist in a pool, the Board of Minerals
and Environment shall, if necessary, when and if production is limited due to physical waste, make such
adjustment of adjust the allowable production from the well or wells drilled thereon any wells drilled in
the pool so that each person entitled thereto to a share of the production in each spacing unit will have
has a reasonable opportunity to produce or receive his or her just and equitable share of the production.
Section 238. That § 45-9-27 be amended to read as follows:
45-9-27. Upon application, if the office of the state geologist secretary of environment and natural
resources finds that a well drilled at the prescribed location would not be likely to produce in paying
quantities, or that surface conditions would substantially add to the burden or hazard of drilling such wells
or for other good cause shown, the office of the state geologist is authorized to secretary may permit the
well to be drilled at a location other than that prescribed by such the spacing order.
Section 239. That § 45-9-31 be amended to read as follows:
45-9-31. In the absence of voluntary pooling, the Board of Minerals and Environment, upon the
application of any interested person, shall enter an order pooling all interests in the spacing unit for the
development and operation thereof of the spacing unit, and for the sharing of production therefrom from
the spacing unit. Each such pooling order shall be made after notice and hearing, and shall be upon terms
and conditions that are just and reasonable, and that afford to the owner of each tract or interest in the
spacing unit the opportunity to recover or receive without unnecessary expense, his or her just and
equitable share.
Section 240. That § 45-9-32 be amended to read as follows:
45-9-32. Each such pooling order shall authorize the drilling, equipping, and operation of a well on
the spacing unit; shall provide who may drill and operate the well; shall prescribe the time and manner
in which all the owners in the spacing unit may elect to participate therein in such well drilling, equipping,
and operation; and shall make provision provide for the payment by all those who elect to participate
therein of the reasonable actual cost thereof of the well drilling, equipping, and operation by all those who
elect to participate, plus a reasonable charge for supervision and interest.
Section 241. That § 45-9-33 be amended to read as follows:
45-9-33. If requested, each such pooling order shall provide for one or more just and equitable
alternatives whereby an owner who does not elect to participate in the risk and cost of the drilling and
operation of a well may elect to surrender his or her leasehold interest to the participating owners on
some reasonable basis and for a reasonable consideration which if. If such terms are not agreed upon,
they shall be determined by the Board of Minerals and Environment, or. The owner may elect to
participate in the drilling and operation of the well, on a limited or carried basis, upon terms and
conditions determined by the board to be just and reasonable.
Section 242. That § 45-9-35 be amended to read as follows:
45-9-35. If one or more of the owners shall drill, equip, and operate, or pay any of the owners drills,
equips, and operates, or pays the costs of drilling, equipping, and operating a well for the benefit of
another person as provided for in an order of pooling, then such owner or owners shall be the owner is
entitled to the share of production from the spacing unit accruing to the interest of such the other person,
exclusive of a royalty not to exceed one-eighth of the production, until the market value of such the other
person's share of the production exclusive of such the royalty, equals the sums payable by or charged
to the interest of such the other person. If there is a dispute as to the costs of drilling, equipping, or
operating a well, the Board of Minerals and Environment shall determine such the costs.
Section 243. That § 45-9-43 be amended to read as follows:
45-9-43. An order providing for unit operations may be amended by an order made by the Board
of Minerals and Environment in the same manner and subject to the same conditions as an original order
providing for unit operations, provided under the following conditions:
Section 244. That § 45-9-46 be amended to read as follows:
45-9-46. All operations, including
Section 245. That § 45-9-49 be amended to read as follows:
45-9-49. Except to the extent that the parties affected
Section 246. That § 45-9-50 be amended to read as follows:
45-9-50. No division order or other contract relating to the sale or purchase of production from a separately owned tract
Section 247. That § 45-9-52 be amended to read as follows:
45-9-52. An agreement for the unit or cooperative development or operation of a field, pool, or part
Section 248. That § 45-9-55 be amended to read as follows:
45-9-55. The Board of Minerals and Environment
Section 249. That § 45-9-59 be amended to read as follows:
45-9-59. The Board of Minerals and Environment
Section 250. That § 45-9-60 be amended to read as follows:
45-9-60.
of the board, may in term time or vacation issue an attachment for such the person and compel him the
person to comply with such the subpoena, and to attend appear before the board and produce such
records, books, and documents for examination, and to give his testimony. Such court shall have the
power to The court may punish for contempt as in the case of disobedience to a like subpoena issued
by the court, or for refusal to testify therein in the case.
Section 251. That § 45-9-70 be amended to read as follows:
45-9-70. The office of the state geologist secretary of environment and natural resources, acting for
the Board of Minerals and Environment, has authority to may shut down any operation and place under
seal any property or equipment for failure to comply with the oil and gas law or rules and regulations, to,
may enter upon any land and perform any operation that the operator fails to perform when ordered so
to do if ordered to do so in writing, and to may recommend cancellation of any state lease and forfeiture
under the bond for noncompliance with the applicable law, lease terms, and regulations rules.
Section 252. That § 45-9-71 be amended to read as follows:
45-9-71. Whenever If it appears that any person is violating or threatening to violate any provision
of this chapter, or any rule, regulation, or order of the Board of Minerals and Environment, and unless
the board without litigation can effectively prevent violation or threat of violation, the board shall bring
suit against such the person in the circuit court for any county where the violation occurs is occurring or
is threatened, to restrain such the person from continuing such the violation or from carrying out the threat
of violation. Upon the filing of any such suit, summons issued to such the person may be directed to the
sheriff of any county in this state for service by such the sheriff or his deputies. In any such suit, the court
shall have has jurisdiction to grant to the board, without bond or other undertaking, such prohibitory and
mandatory injunctions as the fact facts may warrant, including temporary restraining orders and
preliminary injunctions.
Section 253. That § 45-9-72 be amended to read as follows:
45-9-72. If the Board of Minerals and Environment
Section 254. That § 46-1-4 be amended to read as follows:
46-1-4. It is hereby declared that, because of conditions prevailing in this state, the general welfare requires that the water resources of the state be put to beneficial use to the fullest extent of which they are capable, and that the waste or unreasonable method of use of water be prevented, and that the conservation of such water is to be exercised with a view to the reasonable and beneficial use
Section 255. That § 46-1-9 be amended to read as follows:
46-1-9. The term
Section 256. That § 46-2-18 be amended to read as follows:
46-2-18. The provisions of chapter 1-26 notwithstanding, the chief engineer may, after appropriate investigation, issue an order to any person to shut off or limit
Section 257. That § 46-2-19 be amended to read as follows:
46-2-19. The chief engineer
owner or possessor of the property of the entry. This section does not apply to entry into a house or the
curtilage of a home.
Section 258. That § 46-2A-23 be amended to read as follows:
46-2A-23. Following the issuance of a recommendation to approve an application pursuant to § 46-2A-2, the chief engineer may publish, at the expense of the applicant, a notice to determine if whether
any person opposes the application or recommendation of the chief engineer. The notice shall be
published as provided for in § 46-2A-4, and the notice shall contain the information provided for in
subdivisions 46-2A-4(1), (2), (3), (5), (6), and (10). The notice is not required to refer to a board
meeting or hearing date. In addition, the notice shall include a statement that if the applicant intends to
contest the recommendation, the applicant shall file a petition with the chief engineer, and any interested
person who intends to oppose or support the application or recommendation shall file a petition with the
chief engineer and the applicant. Any petition shall be filed within ten days of the second published notice.
postponement of the original hearing date. The written notice requesting postponement shall be filed
within twenty days of the date of the notice scheduling the board hearing, but not less than ten days
before the date the application is scheduled for hearing. Upon timely receipt of a written notice, the chief
engineer shall cancel the original hearing and reschedule the hearing not less than twenty days after the
original hearing date. Notice of hearing shall be provided by personal service or by first class mail to the
applicant and parties of record.
Section 259. That § 46-3A-1 be amended to read as follows:
46-3A-1. As used in this chapter:
Section 260. That § 46-3A-12 be amended to read as follows:
46-3A-12. The Department of Environment and Natural Resources, in order to carry into effect the
provisions of this chapter, is authorized and empowered to may enter into any contracts or memoranda
of agreement as are necessary; to and may accept funds from the state Legislature and from private and
public sources, in carrying out the provisions of this chapter.
Section 261. That § 46-3A-30 be amended to read as follows:
46-3A-30. The Department of Environment and Natural Resources shall administer and enforce the
provisions of this chapter, provided, however, that. However, the Water Management Board shall retain
retains the authority and policy powers reserved to it by § 46-3A-5.
Section 262. That § 46-3A-31 be repealed.
46-3A-31. If any provision of this chapter is declared unconstitutional or the applicability thereof to
any person or circumstance is held invalid, the constitutionality of the remainder of this chapter and
applicability thereof to any other persons or circumstances shall not be affected thereby.
Section 263. That § 46-4-3 be amended to read as follows:
46-4-3. Any person desiring to avail himself of take advantage of any of the rights provided in this
chapter shall file a location notice with the register of deeds of the county in which the right is located and
shall mail a copy of the notice to the Water Management Board.
Section 264. That § 46-4-5 be amended to read as follows:
46-4-5. The right of any person to continue the use of water from any dry-draw is a vested right, to
the extent it is not abandoned or forfeited and:
and water actually applied for such use within a reasonable time thereafter after that date, to
the extent of actual beneficial use thereof of the water; or
Section 265. That § 46-5-1 be amended to read as follows:
46-5-1. No landowner may prevent the natural flow of a stream, or of a natural spring from where it starts its definite course, or of a natural spring arising on his or her land which flows into and constitutes a part of the water supply of a natural stream, nor pursue nor pollute any of these, except as provided by § 46-5-2.
Section 266. That § 46-5-6.1 be amended to read as follows:
46-5-6.1. The seventy acre restriction
Section 267. That § 46-5-11 be amended to read as follows:
46-5-11. Water Management Board rules
Section 268. That § 46-5-25 be amended to read as follows:
46-5-25. The work of construction shall be diligently prosecuted to completion
Section 269. That § 46-5-37 be amended to read as follows:
46-5-37.
Section 270. That § 46-5-37.1 be amended to read as follows:
46-5-37.1. Upon the initiative of the chief engineer or upon petition by any interested person and after reasonable notice to the holder of the right or permit, if
Section 271. That § 46-5-38.1 be amended to read as follows:
46-5-38.1. Water Management Board approval of an application to appropriate water for future use is a reservation of a definite amount of water with a specified priority date and is not a grant of authority to construct the works or to put the water to beneficial use.
a future use permit initiates construction of the works and puts water to beneficial use, he the holder shall
file an application for a water permit pursuant to the procedure contained in chapter 46-2A. If the holder
of the future use permit is granted a water permit to develop only a portion of the water reserved by the
future use permit, he the holder shall apply for and receive an additional water permit, or permits, before
developing and using the remaining water reserved in the future use permit. Permits for future uses shall
be reviewed by the board every seven years and shall be are subject to cancellation if the board
determines that the permit holder cannot demonstrate a reasonable need for a future use permit.
Section 272. That § 46-5-47 be amended to read as follows:
46-5-47. No person may construct facilities on any watercourse to control floods for the purpose
of preventing or alleviating damage without a permit issued pursuant to the procedure contained in
chapter 46-2A. The permit may be approved subject to conditions deemed necessary, including, but not
limited to, conditions to safeguard water supplies for existing water permits and licenses, to assure the
safety of works, and to prevent damage to property. No person may construct works in a manner not
approved in the permit for those works. This section applies only to watercourses whose flow exceeds
that of a dry-draw as defined in subdivision 46-1-6(8).
Section 273. That § 46-5-50 be amended to read as follows:
46-5-50. For purposes of § 46-5-51, the term, "drip irrigation," means a planned irrigation system
in which water is applied directly to the root zone of plants by means of applicators, such as orifices,
emitters, porous tubing, or perforated pipe, that are operated under low pressure and are placed on or
below the surface of the ground.
Section 274. That § 46-6-1 be amended to read as follows:
46-6-1. The term ", vested rights", as used in this chapter, unless the context otherwise plainly
requires, shall mean means:
Section 275. That § 46-6-11 be amended to read as follows:
46-6-11. On each well drilled the driller shall keep accurate records and complete a record of well construction on a form supplied by the chief engineer. If for any reason well construction is begun but not completed, the well driller shall complete the record of well construction to the extent possible. Within one month of completion of a well driller's work on a well,
Section 276. That § 46-6-15 be amended to read as follows:
46-6-15.
Section 277. That § 46-6-30 be amended to read as follows:
46-6-30. The chief engineer, during or immediately following construction of a well, may order the owner or driller of the well to properly construct or repair the well if
well is located and plug or otherwise control the well. The cost of plugging or controlling the well shall
be borne by the owner of the property and shall be recorded with the county register of deeds as a lien
against the property until paid. This section does not limit any other remedy against an owner or driller
of a well.
Section 278. That § 46-6-31 be amended to read as follows:
46-6-31. The chief engineer, when if plugging or otherwise controlling a well pursuant to the
provisions of §§ 46-6-29 and 46-6-30, shall comply with the bidding provisions of chapter 5-18 unless
he the chief engineer determines that compliance with those provisions will result in harm to health or
property or will result in an unreasonable waste of water.
Section 279. That § 46-7-5 be amended to read as follows:
46-7-5. The chief engineer may inspect any works described in § 46-7-3, including abandoned
works, to determine the safety of the works whether the works are safe. If works are found to be unsafe,
the chief engineer shall notify the owner and shall order the owner to make changes necessary to secure
the safety of the works, allowing a reasonable time, not to exceed six months, for putting the works in
a safe condition. The order may specify that if the owner fails to make the repairs in the time allowed, the
chief engineer may enter the property and put the works in a safe condition. Any costs incurred shall be
borne by the owner in accordance with § 46-7-5.1. The owner may contest the order of the chief
engineer by filing a protest in writing with the chief engineer within twenty days of the service of the order
upon him the owner. Upon receiving the protest, the chief engineer shall schedule the matter for hearing
with the board in accordance with the provisions of chapter 46-2A. The filing of the written protest
suspends the operation of the chief engineer's order until further action by the board. The board may
affirm, modify, or reverse the order of the chief engineer. No owner of unsafe works as determined by
the chief engineer or, after a protest and hearing, by the board may fail or refuse to make changes
necessary to secure the works' safety pursuant to the order. The chief engineer, the state, or its
employees shall do not incur any liability, either sovereign or personal, as a result of the duties imposed
by this section or other provisions related to the inspection and repair, maintenance, or alteration of
works or the notification to owners of unsafe conditions.
Section 280. That § 46-7-5.1 be amended to read as follows:
46-7-5.1. Upon failure or refusal of an owner of unsafe works to make the changes necessary to
secure the safety of the works pursuant to the chief engineer's order or order of the board as applicable,
the chief engineer may enter upon the property where the works are located and make the necessary
changes. The cost of the work shall be borne by the owner of the works and may be recorded as a lien
against any property of the owner until paid. This section does not limit any other remedy against the
owner of the works. The chief engineer shall comply with the bidding provisions of chapter 5-18 unless
he the chief engineer determines that compliance with those provisions will result in harm to public health
or property.
Section 281. That § 46-7-5.5 be amended to read as follows:
46-7-5.5. The provisions of §§ 46-7-5.4 to 46-7-5.11, inclusive, only apply to privately owned
high-hazard dams constructed prior to before January 1, 1990, if the owner and his the owner's
immediate family are the only persons residing below the dam within the flood plain. The flood plain will
be determined by the chief engineer shall determine the flood plain.
Section 282. That § 46-7-5.8 be amended to read as follows:
46-7-5.8. The owner's affidavit referred to in § 46-7-5.7 shall:
Section 283. That § 46-10-2.1 be amended to read as follows:
46-10-2.1. The court conducting a general adjudication may
court.
Section 284. That § 46-10-3.3 be amended to read as follows:
46-10-3.3. An action for general adjudication is commenced by the filing of a complaint in circuit
court in any case in which the named defendants number one hundred or more. In such a case personal
service of a summons and complaint shall is not be required but may be made. If personal service is not
made, the court shall order service to be made by the plaintiff on named defendants by mailing a court
approved notice of the action by registered or certified mail, return receipt requested, and the. The court
shall order the plaintiff to obtain service on all unnamed defendants by publication of said the notice for
four consecutive weeks in a newspaper published in each of the counties within which interest in rights
to use of the water and water rights may be affected by the adjudication. If there is no newspaper in one
or more of said the counties, then publication for such the counties shall be in one or more newspapers
published in the state, and of general circulation within such the counties. If publication is in a daily
newspaper, one insertion a week shall be is sufficient.
Section 285. That § 46A-1-4 be amended to read as follows:
46A-1-4. The enactment of this chapter shall not be construed as creating does not create any right
to water or the use thereof nor as affecting of water and does not affect any existing legislation with
respect to water or water rights, except as expressly may be provided herein, nor shall anything herein
contained affect or be construed as affecting provided in this chapter. Nothing in this chapter affects
vested water rights.
Section 286. That § 46A-1-5 be repealed.
46A-1-5. If a part of this chapter is invalid, all valid parts that are severable from the invalid part
remain in effect. If a part of this chapter is invalid in one or more of its applications, the part remains in
effect in all valid applications that are severable from the invalid applications.
Section 287. That § 46A-1-11 be amended to read as follows:
46A-1-11.
Section 288. That § 46A-1-15 be amended to read as follows:
46A-1-15. The Board of Water and Natural Resources shall along with its review of the state water plan consider, in cooperation with the Game, Fish and Parks Commission, the designation of certain rivers or sections of rivers as "wild, scenic, and recreational rivers" upon which no development
Section 289. That § 46A-1-18 be amended to read as follows:
46A-1-18. In addition to its other powers, the district may enter into financing arrangements with any public entity or person to loan the proceeds of the district's interim notes to any public entity or person for a project anywhere within this state
of South Dakota or an agency or instrumentality of the United States government, has committed itself
to make a grant or loan to such the public entity or person. Under this section, the district may only
provide interim financing less than or equal to the combined federal and state grant or loan commitments
on each project and may not apply the proceeds of the interim notes and financing to any purpose other
than expenses allowed by § 46A-1-17 and the project for which the financing arrangement is made. The
person or public entity receiving this interim financing may apply the proceeds of the district's interim
notes to the project without specific authorization of the project by the Legislature.
Section 290. That § 46A-1-23 be amended to read as follows:
46A-1-23. All such notes and the interest
Section 291. That § 46A-1-24 be amended to read as follows:
46A-1-24. The district, in order further to secure the payment of the interim notes,
the foregoing, authorized and empowered to may make any other or additional covenants, terms, and
conditions not inconsistent with the provisions of this chapter, and do any and all acts and things as
anything that may be necessary or convenient or desirable in order to secure payment of its interim notes,
or in the discretion of the district, as will tend to make the interim notes more acceptable to lenders,
notwithstanding that the covenants, acts, or things may not be enumerated herein in this chapter.
Section 292. That § 46A-1-26 be amended to read as follows:
46A-1-26. The notes may be executed by the chairman of the board and shall be attested by the
secretary of the Department of Water Environment and Natural Resources. The district may by resolution
provide that any signatures, other than the authentication signature of the trustee, on the notes may be
printed, lithographed, engraved, or otherwise reproduced thereon on the notes. The notes shall be sold
in such a manner and at such a price as the district shall by resolution determine determined by the district
by resolution.
Section 293. That § 46A-1-29 be amended to read as follows:
46A-1-29. Upon presentation of a request to authorize the construction of a water facility of the state
water resources management system by the Board of Water and Natural Resources in accordance with
§ 46A-1-11, the board shall provide a plan for financing the construction of the project to the Legislature,
including, in the case of a project to be financed under § 46A-1-49, a general description of the
anticipated financing agreement with the participating persons or public entities. If the board deems it
necessary to request authorization for the issuance of bonds by the district, the Legislature shall determine
whether such authorization shall be given in the same act as it authorizes the inclusion of construction of
such the project as part of the state water resources management system. In the event If the Legislature
authorizes the issuance of bonds for the construction of the facilities, it shall specify the amount of bonds
which that may be issued by the district for construction of such the project, including any amount of
bonds issued to fund a debt service reserve for the bonds or for capitalized interest during construction
of the project. Pursuant to authorization by the Legislature, the district shall have the power to may issue
bonds to acquire or construct or arrange for construction of, or to enter into a financing agreement with
persons or public entities for, any one project, or more than one, or to refund bonds heretofore or
hereafter issued for each project or facility or to fund a debt service reserve for such the bonds or for
capitalized interest during construction of such the project and to provide for the security and payment
of said the bonds and for the rights of the holders thereof of the bonds. The board may issue bonds in
the amount of up to thirty percent greater than the specific amount authorized by the Legislature for
financing any specific project in the event that if increases in construction costs, changes in engineering
designs, or minor changes in the area or number of persons served by a project require such an increase
to complete the project, provided that and if the amount of funds obtained from the district through its
bonding power shall does not exceed the authorization of the Legislature by more than thirty percent for
any specific project.
Section 294. That § 46A-1-30 be amended to read as follows:
46A-1-30. The district may issue bonds authorized by the Legislature pursuant to § 46A-1-29 or
by § 46A-1-31 for the following purposes, which are hereby determined to be in the public interest and
to constitute lawful and public purposes:
from such obligations;
Section 295. That § 46A-1-31 be amended to read as follows:
46A-1-31. In addition to the aggregate indebtedness authorized by the Legislature and Board of
Water and Natural Resources pursuant to §§ 46A-1-29 and 46A-1-30, the district may issue bonds in
an amount not to exceed in aggregate eight million dollars at any time for the purpose of financing projects
as defined in subdivision 46A-2-4(5) which that are components of the statewide water plan subject to
the provisions of §§ 46A-1-49 to 46A-1-52, inclusive. In addition to the aggregate indebtedness
authorized by the Legislature and Board of Water and Natural Resources pursuant to §§ 46A-1-29 and
46A-1-30, the district may issue bonds in any amount at any time for the purpose of purchasing or
otherwise financing or providing for the purchase or payment of loans made by the United States
Farmers' Home Administration Department of Agriculture to any person or public entity, whether or not
the person or public entity or the project financed with the loan are located in South Dakota or formed
under or recognized by South Dakota law, as community facilities loans or water and waste disposal
loans, which. The purchasing, financing, or payment activities are hereby determined to be components
of the state water plan and are authorized without regard to § 46A-2-20. The district may enter into
financing agreements with the persons or public entities to secure and provide for the payment of the
bonds, without regard to § 46A-2-20 or §§ 46A-1-63.1 to 46A-1-69, inclusive. The district may make
payments or deposits for the purchase or payment of the loans from funds obtained from the persons or
public entities, whether or not bonds have been issued. The purchase or payment of loans for persons
or public entities or projects located outside of the State of South Dakota is hereby authorized and
declared to be a public purpose whenever if, at the discretion and in the determination of the district, the
purchase or payment is expected to result in economies of scale, fees, interest savings, financing, or other
benefits to the district, South Dakota persons, or public entities or the State of South Dakota. The
district, in the proceedings for the issuance of the bonds, shall establish the manner in which the trustee
shall manage and disperse any savings for the benefit of the persons and public entities whose community
facilities loans and water and waste disposal loans have been purchased or prepaid by the district. In
addition to the aggregate indebtedness authorized by the Legislature and the Board of Water and Natural
Resources pursuant to §§ 46A-1-29 and 46A-1-30, the district may also issue bonds in any amount at
any time for the purpose of funding all or part of the revolving funds required for either the state water
pollution control revolving fund program or the state drinking water revolving fund program or both under
either the federal Clean Water Act, as amended to January 1, 2011, or federal Safe Drinking Water Act,
as amended to January 1, 2011, or both. The bonds issued for these revolving fund programs shall be
used to purchase or otherwise finance or provide for the purchase or payment of bonds or other
obligations, including the refinancing of obligations previously issued or for projects previously completed,
which. The purchasing, financing, or payment activities are hereby determined to be components of the
state water facilities plan and are authorized without regard to § 46A-2-20. The district may enter into
financing agreements with such the persons or public entities to secure and provide for the payment of
such the bonds, without regard to § 46A-2-20 or §§ 46A-1-63.1 to 46A-1-69, inclusive. The district
may pledge or assign to or hold in trust for the benefit of the holder or holders of the bonds those moneys
appropriated by the Legislature for the purpose of funding state contributions to the state water pollution
control revolving fund program and the state drinking water revolving fund program, which. The moneys
may be held and invested pursuant to a trust agreement for the payment of the principal of, premium, if
any, and interest on, the bonds.
Section 296. That § 46A-1-36 be amended to read as follows:
46A-1-36. The district shall have power to may covenant with or for the benefit of the holder or
holders of the of any bonds issued under this chapter that so long as if any such bonds shall remain
outstanding and unpaid, the district will fix, maintain, and collect in such installments as may be agreed
upon, all revenues authorized to be pledged under § 46A-1-33, the aggregate of which until the bonds
and accruing interest have been paid in accordance with their terms. The aggregate revenues shall be
sufficient at all times to pay all necessary expenses of the operation and maintenance of any project, to
pay the bonds at maturity and accruing interest thereon on the bonds in accordance with their terms, and
to create and maintain all reserves therefor for the bonds as provided by the resolution authorizing said
the bonds, until said bonds and accruing interest have been paid in accordance with their terms.
Section 297. That § 46A-1-37 be amended to read as follows:
46A-1-37. The district shall have the power to may covenant that so long as if any of the bonds
issued under this chapter shall remain outstanding and unpaid, it the district will not, except upon such
terms and conditions as may be determined, voluntarily create or cause to be created any debt, lien,
mortgage, pledge, assignment, encumbrance, or other charge having priority to the lien of the bonds
issued under this chapter upon any of the income and revenues derived from all revenues pledged
pursuant to § 46A-1-33, or convey or otherwise alienate any project or the real estate upon which such
the project shall be is located, except at a price sufficient to pay all the bonds issued for such the project
then outstanding and interest accrued thereon on the bonds, and then only in accordance with any
agreements with the holder or holders of such of the bonds.
Section 298. That § 46A-1-38 be amended to read as follows:
46A-1-38. The district shall have power to may covenant with or for the benefit of the holder or
holders of of any bonds issued under this chapter as to all matters deemed advisable by the district
including:
Section 299. That § 46A-1-39 be amended to read as follows:
46A-1-39. The district
agreements which may set setting forth the powers and duties of and the remedies available to the trustee
or trustees and, limiting the liabilities thereof and of the trustee, describing what occurrences shall
constitute events of default, and prescribing the terms and conditions upon which the trustee or trustees
or the holder or holders of any specified amount or percentage of the bonds may exercise such right and
enforce any and all such covenants and resort to remedies as may be appropriate.
Section 300. That § 46A-1-40 be amended to read as follows:
46A-1-40. The district shall have power to covenant to perform any and all acts and to do any and
all such things may covenant to perform any act and to do anything as may be necessary or convenient
or desirable in order to secure its bonds, or as may in the judgment of the district tend to make the bonds
more marketable, notwithstanding that such acts or things may not be enumerated herein, it being the
intention hereof in this section or this chapter. It is the intention of this chapter to give empower the district
issuing bonds pursuant to this chapter power to make all covenants, to perform all acts, and to do all
things not inconsistent with the Constitution of the State of South Dakota.
Section 301. That § 46A-1-42 be amended to read as follows:
46A-1-42. All Any bonds issued pursuant to this chapter shall be are obligations of the district
payable only in accordance with the terms thereof and shall not be of the bonds and are not obligations
general, special, or otherwise, of the State of South Dakota. Such bonds shall do not constitute a debt,
legal or moral, of the State of South Dakota, and shall not be are not enforceable against the state, nor
shall payment thereof be. Payment of the bonds is not enforceable out of any funds of the district other
than the income and revenues pledged and assigned to, or in trust for the benefit of, the holder or holders
of such the bonds.
Section 302. That § 46A-1-44 be amended to read as follows:
46A-1-44. The bonds bearing the signatures of officers of the district in office on the date of the
signing thereof shall be of the bonds are valid and binding obligations, notwithstanding that before the
delivery thereof of and payment therefor any or all persons whose signatures appear thereon shall for the
bonds any person whose signature appears on the bonds may have ceased to be such officers an officer.
The validity of the bonds shall not be is not dependent on nor affected by the validity or regularity of any
proceedings to acquire any project financed by the bonds, or to refund outstanding bonds, or taken in
connection therewith with the bonds.
Section 303. That § 46A-1-48 be amended to read as follows:
46A-1-48. Notwithstanding the provisions of any other law, no moneys derived from the sale of
bonds or notes issued under the provisions of this chapter, or pledged or assigned to or in trust for the
benefit of the holder or holders thereof, shall of the bonds or notes, may be required to be paid into the
state treasury.
Section 304. That § 46A-1-49 be amended to read as follows:
46A-1-49. In addition to its other powers, the district may, by appropriate resolution of the Board
of Water and Natural Resources, enter into financing agreements with any public entity or person to loan
the proceeds of the district's bonds to any public entity or person for a project within or without a water
development district, subject to the requirement of § 46A-2-20, without regard to the limitations,
provisions, or requirements of any other law except chapter 46A-2 and this chapter. The persons or
public entities receiving this financing shall have the authority and power to may apply the borrowed funds
to the project without further authorization of such the project by the Legislature.
Section 305. That § 46A-1-53 be amended to read as follows:
46A-1-53. Section 46A-1-48 shall not be construed as limiting The provisions of § 46A-1-48 do
not limit the power of the district to agree in connection with the issuance of any of its bonds as to the
custody and the disposition of the moneys received from the sale of such the bonds or from the income
and revenues pledged or assigned to or in trust for the benefit of the holder or holders thereof of the
bonds.
Section 306. That § 46A-1-56 be amended to read as follows:
46A-1-56. The district shall have power to may issue negotiable refunding bonds for the following
purposes:
Section 307. That § 46A-1-58 be amended to read as follows:
46A-1-58. The district s
Section 308. That § 46A-1-59 be amended to read as follows:
46A-1-59. Refunding bonds issued pursuant to § 46A-1-58 may be sold at
holders thereof of the bonds, for the payment thereof of the bonds;
Section 309. That § 46A-1-90 be amended to read as follows:
46A-1-90. The South Dakota Conservancy District in carrying out the authority established in subdivision 46A-2-2(7) through a contractual agreement with the federal government to upgrade federal
hydroelectric facilities shall ensure that the power realized from upgrading federal hydroelectric facilities
is marketed subject to the statutory limitation contained in section 5 of the Flood Control Act of 1944,
16 U.S.C. § 825s, as amended to January 1, 1992 2011. Funds accruing to the district under such
contracts shall be deposited into the South Dakota water and environment fund established by § 46A-1-60 for the purposes of debt service of any bond indebtedness incurred pursuant to the upgrade of federal
hydroelectric facilities and for grants and loans authorized from the water and environment fund.
Section 310. That § 46A-1-94 be amended to read as follows:
46A-1-94. Pursuant to §§ 46A-1-11 to 46A-1-13, inclusive, construction of a twenty-seven million
nine hundred ninety-nine thousand two hundred fifty dollar Perkins County Rural Water System as
generally described in the report, Final Engineering Report, for Perkins County Rural Water System Inc.,
Bison, South Dakota, dated January 2003, is hereby authorized for the purpose of providing safe and
adequate municipal, rural, and industrial water supplies in Perkins County.
repayment shall be is due and payable one year following the certification of construction completion.
Loan terms and conditions shall be set by the Board of Water and Natural Resources.
Section 311. That § 46A-1-104 be amended to read as follows:
46A-1-104. The brownfields revitalization and economic development program subfunds are hereby continuously appropriated to the South Dakota Board of Water and Natural Resources. Money received for these programs may be used only for purposes authorized by the federal Small Business Liability Relief and Brownfields Revitalization Act (P.L. 107-118) as amended to January 1,
Section 312. That § 46A-1-105 be amended to read as follows:
46A-1-105. Any eligible entity may establish a brownfields program to prevent, assess, safely clean up, promote the economic development of, and sustainably reuse eligible brownfields sites as authorized in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended to January 1,
Section 313. That § 46A-2-6 be amended to read as follows:
46A-2-6. The Department of
may equip, operate, and maintain an office as the principal place of business for the district and to
establish other offices as required.
Section 314. That § 46A-2-11 be amended to read as follows:
46A-2-11. The Board of Water and Natural Resources shall have the power to may sue and be sued
in the name of the district.
Section 315. That § 46A-2-14 be amended to read as follows:
46A-2-14. The Board of Water and Natural Resources may acquire, under the provisions of this
chapter and chapters 46A-3A to 46A-3E, inclusive, by purchase or lease, all real and other property
as may be necessary for the construction, maintenance, and operation of any or all water resources
projects project; hold and use the property, lease, or otherwise dispose of any part or parcel thereof, of
the property; or sell the property if not required for water resources project use, and no longer necessary
to its use. The board may enter into rental or other agreements with local project sponsors to allow local
project sponsors to use property controlled by the board or Department of Water Environment and
Natural Resources according to terms and conditions specified by the board. In carrying out this section
the board shall follow the procedures required in the case of counties under the laws of South Dakota.
Section 316. That § 46A-2-19 be amended to read as follows:
46A-2-19. The district may sell, grant, convey, assign, lease, or otherwise transfer perfected water
rights or permits to appropriate water for energy industry use to energy industry users for such
consideration and under such terms and conditions as are fixed by contract or instrument of conveyance.
Such The contracts shall represent the entire financial obligation for the use of water owed by an energy
industry user to the State of South Dakota and no further fee, tax, or assessment shall may be levied
against such the user except for an ad valorem tax as assessed under chapter 10-37. Any such contract
may provide that for failure to perform any condition of performance, for breach, for failure of
consideration, or for failure to perform any other contractual obligation, the transfer shall be is void. If
the Board of Water and Natural Resources determines that such a failure to perform a condition of
performance or breach has occurred, it may file with the division of water rights a notice to cancel the
permit or license evidencing such the transfer after complying with any notice of breach provision or other
condition precedent to cancellation specified in the contract.
Section 317. That § 46A-2-21 be amended to read as follows:
46A-2-21. The district, may, notwithstanding § 46A-2-20, exercise the power of eminent domain
as provided by law when if necessary for the purposes of acquiring and securing any right, title, interest,
estate, or easement necessary for any project for which the district has entered into a financing
arrangement under § 46A-1-18, which cannot be acquired by negotiation. However, this power shall
may not be exercised in connection with any project which that may provide or assist in providing water
for use in a coal slurry pipeline.
Section 318. That § 46A-2-22 be amended to read as follows:
46A-2-22. The Board of Water and Natural Resources may become a party to long or short-term
contracts as principal or guarantor for payment for such services or for performance of construction,
operation, or maintenance work as is deemed beneficial or advisable by the board, provided that.
However, nothing contained in this chapter or chapters 46A-3A to 46A-3E, inclusive, shall permit said
permits the board to enter into any contracts or agreements whatsoever as shall that obligate the State
of South Dakota beyond the extent of said the board's then current annual or biennial appropriation.
Section 319. That § 46A-2-25 be amended to read as follows:
46A-2-25. The Board of Water and Natural Resources shall have the power to may accept funds,
property, and services or other assistance, financial or otherwise, from federal, state, and other public
sources for the purpose of aiding and promoting the construction, maintenance, and operation of any or
all water resources projects water resource project.
Section 320. That § 46A-2-26 be amended to read as follows:
46A-2-26. The Board of Water and Natural Resources shall have the power to may cooperate with
and to may furnish assurances of cooperation and act as principal and guarantor or either to enter into
a contract, or contracts, with the United States of America, with public entities of South Dakota, or with
persons for the performance of obligations entered into with the United States for the construction,
operation, or maintenance of water resources projects or for accomplishment of the purposes and intents
of this chapter and chapters 46A-3A to 46A-3E, inclusive.
Section 321. That § 46A-2-31 be amended to read as follows:
46A-2-31. The district, upon recommendation by the Board of Water and Natural Resources and
approval of the Governor, may enter into contracts with the United States for the marketing of water
service from federal projects. Any such contracts No such contract entered into by the state shall not may
prejudice state interests and rights to water resources within the boundaries of the state pursuant to state
and federal statutes. Such contracts shall be for the express purpose of compensating the United States
for the storage facilities provided by federal water projects. Prior to Before the implementation such the
contracts shall be recommended to the Legislature for inclusion in the state water resources management
system pursuant to chapter 46A-1.
Section 322. That § 46A-2-33 be amended to read as follows:
46A-2-33. The Board of Water and Natural Resources shall have the power to may exercise the
necessary power and authority of a subdistrict board of directors, when such if the subdistrict has been
dissolved under provisions of chapter 46A-3, until such time as all responsibilities, obligations, and
contractual commitments of such the dissolved subdistrict shall have been satisfied. The board shall may
not levy taxes on any election district as defined in § 46A-3-8 for the continuation of any project not
supported by a majority of the election district voters in a subdistrict election called by the board for that
purpose unless the subdistrict's contracting authority specifically approves the project or contract and the
tax levy allowable therefor for the contract or project.
Section 323. That § 46A-2-37 be amended to read as follows:
46A-2-37. The provisions of this chapter and chapters 46A-3A to 46A-3E, inclusive, shall not be
construed to, in any manner, do not abrogate or limit the rights, powers, duties, and functions of the State
Water Management Board, but shall be held to be are supplementary thereto and in aid thereof. Nor shall
said chapters be construed as limiting or in any way affecting to and in aid of such rights, powers, duties,
and functions. Chapters 46A-3A to 46A-3E, inclusive, do not limit or affect the laws of this state relating
to the organization and maintenance of irrigation districts, water user districts, drainage districts, soil
conservation districts, or watershed districts, nor from infringing upon or establishing. Chapters 46A-3A
to 46A-3E, inclusive, do not infringe upon or establish any rights superior to any existing water rights, nor
as precluding and do not preclude the establishment of any such or similar public entity wholly or in part
within the boundaries of the district created by this chapter.
Section 324. That § 46A-3A-8 be amended to read as follows:
46A-3A-8. Fifteen percent of the owners of real property in a geographical area, as shown by the
records in the offices of the register of deeds of the county wherein such the real property is situated, may
petition the Board of Water and Natural Resources to submit to an election the question of whether such
the geographical area shall become a water development district. If land is sold under a contract for deed,
which is of record in the office of the register of deeds in the county wherein such the land is situated,
both the landowner and his the landowner's individual purchaser of such the land, as named in such the
contract for deed, shall be treated as owners of real property.
Section 325. That § 46A-3A-9 be amended to read as follows:
46A-3A-9. A petition arising under the provisions of § 46A-3A-8 shall describe the exact boundaries of the area to be included within the proposed water development district, and each person signing the petition shall add to
________________________________________________________________________
P.O. Address
________________________________________________________________________
Subscribed and sworn to before me this ________ day of ________,
________________________________________________________________________
Notary Public".
Section 326. That § 46A-3A-15 be amended to read as follows:
46A-3A-15. If all of the election districts within a proposed water development district become a part of
election districts become a part thereof of the water development district, the board shall by resolution
create and establish the water development district, give it a name and, upon filing a true copy of such
the resolution with the secretary of state, the water development district shall become a political
subdivision of the state with the authority, powers, and duties prescribed by this chapter.
Section 327. That § 46A-3B-11 be amended to read as follows:
46A-3B-11. At the first meeting in January of each year, designated as the annual meeting of the
water development district, the directors shall elect a chairman, a vice-chairman chair, a vice chair, and
a secretary from among their membership. The officers shall hold office until the next annual meeting of
the water development district or until their successors have been elected. In addition, the directors shall
appoint a treasurer who may or may not be a director and who shall serve at the pleasure of the board
of directors or until his a successor is appointed. The treasurer shall be bonded in such amounts and with
such sureties as the directors shall may specify and, conditioned on faithful performance of the treasurer's
duties. The chairman, vice-chairman chair, vice chair, secretary, and treasurer shall constitute the officers
of the board of directors, provided that the. The treasurer, if not a director, shall have has no voting
privileges.
Section 328. That § 46A-3C-2 be amended to read as follows:
46A-3C-2. The petition of dissolution pursuant to § 46A-3C-1 shall request that the water
development district be dissolved and shall include the legal name of the water development district. Each
person signing the petition shall add to his the person's signature, in his the person's own handwriting, his
the person's place of residence and the date of signing. The petition may contain more than one page, and
each page shall have identical headings, and any. Any number of identical petition forms may be
circulated and each be a part of the petition. Every page of the petition containing signatures shall have
upon it and below the signatures an affidavit by the circulator in substantially the following form:
STATE OF SOUTH DAKOTA)
) SS
COUNTY OF __________ )
Section 329. That § 46A-3E-3 be amended to read as follows:
46A-3E-3. Only those landowners who contractually agree for special assessments to finance a water delivery project may be specially assessed. The provisions of § 46A-3E-4 notwithstanding, any person who wishes to join a water delivery project after a petition has been filed with the water development district board of directors pursuant to § 46A-3E-4 may contractually agree to join the project. However, a person contractually joining a water delivery project late may be required to make special payments in addition to special assessments in order to bear
Section 330. 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 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
Section 331. That § 46A-4-2 be amended to read as follows:
46A-4-2. The term
land, as named in the contract for deed, shall be treated as an elector.
Section 332. That § 46A-4-3.1 be amended to read as follows:
46A-4-3.1. Each elector signing a petition shall add to his the elector's signature, in his the elector's
own handwriting, his the elector's post office address, the legal description of sufficient land to qualify him
as an elector, and the date of signing. The petition may contain any number of pages, and each page shall
have an identical heading and any. Any number of identical petition forms may be circulated as a part of
the petition. Every page of a petition containing signatures shall have below the signatures an affidavit by
the circulator in substantially the following form:
State of South Dakota )
) SS
County of ____________ )
Section 333. That § 46A-4-9 be amended to read as follows:
46A-4-9.
Section 334. That § 46A-4-10 be amended to read as follows:
46A-4-10. In no case
Section 335. That § 46A-4-12 be amended to read as follows:
46A-4-12. The Board of Water and Natural Resources may make changes in the proposed boundaries as it deems proper and shall exclude from the district proposed by the petitioners land that is not susceptible of irrigation by the proposed system of works. The board may not allow land which will not be benefited by irrigation by the system of works or a portion thereof to be included in the proposed district. Upon written request by an owner or entryman
Section 336. That § 46A-4-17 be amended to read as follows:
46A-4-17. No person
Section 337. That § 46A-4-22 be amended to read as follows:
46A-4-22. If the majority of the lands within the district are unentered public lands, a majority of the board of directors shall be appointed by the secretary of the interior
Section 338. That § 46A-4-25 be amended to read as follows:
46A-4-25. Each year after establishing the district, there shall be elected for a term of three years one or more members of the board of directors, as the case may be. The member of the board of directors from each division shall be nominated as
Section 339. That § 46A-4-30 be amended to read as follows:
46A-4-30. If there is no question to be submitted to the electors and if only one nominating petition for any vacancy to be filled has been filed, then no election
Section 340. That § 46A-4-33 be amended to read as follows:
46A-4-33.
under a district system of voting by mail. If the board fails to appoint a board of election or the members
appointed do not attend at the opening of the polls on the morning of election, the electors of the precinct
present at the hour may appoint the board or supply the place of an absent member thereof of the board
of election. The board of directors must shall, in its order appointing the board of election, designate the
hour and place in the precinct where the election must will be held.
Section 341. That § 46A-4-34 be amended to read as follows:
46A-4-34. One of the judges shall be chairman chair of the election board and may administer all
oaths required in the progress of an election, and. The chair may appoint judges and clerks, if during the
progress of the election any judge or clerk ceases to act. Any member of the board of election, or any
clerk thereof of the board of election, may administer and certify oaths required to be administered during
the progress of an election.
Section 342. That § 46A-4-36 be amended to read as follows:
46A-4-36. The board of directors must shall meet at its usual place of meeting on the first Monday
after each election and canvass the return. If at the time of meeting the returns from each precinct in the
district in which the polls were opened have been received, the board of directors must shall proceed to
canvass the returns; but. However, if all some of the returns have not been received, the canvass must
shall be postponed from day to day until all the returns have been received, or until postponements have
been had. The canvass must shall be made in public and by opening the returns and ascertaining the vote
of the district for each person voted for and declaring the results thereof of the canvass. No list, tally
paper, or certificate returned from any election shall may be set aside or rejected for want of form if it
can be satisfactorily understood.
Section 343. That § 46A-4-37 be amended to read as follows:
46A-4-37. The board of directors shall declare elected the person having the highest number of votes
cast for each vacancy elected. The secretary shall immediately make out and deliver to that person a
certificate of election, signed by him the secretary and authenticated with the seal of the district.
Section 344. That § 46A-4-38 be amended to read as follows:
46A-4-38. The secretary of the board of directors must shall, as soon as the result is declared, enter
upon the records of such the board and file in the office of the auditor of the county or counties where
such each county in which the district is located a statement of such results, which statement must the
results. The statement shall show:
Section 345. That § 46A-4-39 be amended to read as follows:
46A-4-39. In case of a vacancy in the office of a member of the board of directors, the vacancy shall be filled by appointment by a majority of the remaining members of the board. Any director so appointed shall hold
Section 346. That § 46A-4-42 be amended to read as follows:
46A-4-42.
require,. The bond shall be conditioned for the faithful discharge of the duties of his the office and the
faithful discharge by the district of its duties as fiscal or other agent of the United States under any such
appointment or authorization, such. The additional bonds to shall be approved, recorded, and filed as
provided in § 46A-4-41 for other official bonds, and any such additional bonds may be sued upon by
the United States or any person injured by the failure of such the officer or the district fully, promptly, and
completely to perform their respective duties.
Section 347. That § 46A-4-46 be amended to read as follows:
46A-4-46. All records of the board of directors must shall be open to the inspection of any elector
during business hours, and such the board shall cause to be published at the close of each regular or
special meeting a brief statement of the proceedings thereof of the board in one newspaper of general
circulation in the district, at the legal rate for advertising legal notices, and. The board shall file an itemized
list of all expenditures approved at any such meeting at the office of the auditor of the county or counties
where such the district is located within ten days of any such meeting.
Section 348. That § 46A-4-49 be amended to read as follows:
46A-4-49. No director or officer named in this chapter, or chapters 46A-5 to 46A-7, inclusive, may
be interested in any manner, directly or indirectly, in any contract awarded, or to be awarded, by the
irrigation district board, or in the profits to be derived therefrom, nor may he from the contract. No such
director or officer may receive any bonds, gratuity, or bribe. Such a Any such director or officer who is
interested in any manner, directly or indirectly, in any contract awarded, or to be awarded, by the board
of directors provided for in said chapters 46A-5 to 46A-7, inclusive, or in the profits derived therefrom
from the contract, or who receives any bonds, gratuity, or bribe, is guilty of a Class 5 felony.
Section 349. That § 46A-4-50 be amended to read as follows:
46A-4-50. The boundaries of any irrigation district organized under the provisions of this chapter
may be changed, and tracts of land included within the boundaries of such the district at or after its
organization under the provisions of this chapter may be excluded therefrom, from the district in the
manner prescribed in this chapter; but neither such. However, neither a change of boundaries of the
district nor such an exclusion of lands from the district shall may impair or affect its organization, or its
rights in or to property, or any of its rights or privileges, of whatever kind or nature; nor shall it. No such
boundary change or exclusion of lands may affect, impair, or discharge any contract, obligation, lien, or
charge for or upon which it the district is or might become liable or chargeable, had such change of its
boundaries not been made or had not any land been excluded from the district.
Section 350. That § 46A-4-52 be amended to read as follows:
46A-4-52. In case If any contract has been made between the district and the United States as
provided in chapters 46A-5 and 46A-6, no change shall may be made in the boundaries of the district
and the. The board of directors shall may make no order changing the boundaries of the district until the
secretary of the interior shall assent thereto assents to the change in writing and such assent be the assent
is filed with the board of directors.
Section 351. That § 46A-4-54 be amended to read as follows:
46A-4-54. A conservator or personal representative of an estate, who is appointed as such under
the laws of this state and who, as such conservator or personal representative, is entitled to the
possession of the lands belonging to the estate which he the conservator or personal representative
represents, may on behalf of his or her ward or the estate which he or she represents, upon being
thereunto authorized by the proper court, sign and acknowledge the petition provided in this chapter
provided, and may show cause, as provided in this chapter provided, why the boundaries of a district
should not be changed.
Section 352. That § 46A-4-56 be amended to read as follows:
46A-4-56. The board of directors at the time and place mentioned in the notice, or at such other time
Section 353. That § 46A-4-57 be amended to read as follows:
46A-4-57.
survey to be made of such portions of such the boundaries as is deemed the board deems necessary.
Section 354. That § 46A-4-58 be amended to read as follows:
46A-4-58. No provision of this chapter may authorize or empower authorizes or empowers the
board of directors to include any land within its the district unless the owner or lessee thereof shall pay
or obligate of the land pays or obligates the land to pay the same assessments or charges as all other
lands have originally paid or have been obligated for. This shall include, including the cost of studies,
construction, operation, and maintenance charges and the cost of water deliveries.
Section 355. That § 46A-4-59 be amended to read as follows:
46A-4-59. The board of directors to whom such a petition to include land within the district is
presented may require, as a condition precedent to the granting of the same petition, that the petitioners
shall severally pay to such the district such prospective sums to be determined by the board, as nearly
as the same can be estimated, the several amounts to be determined by the board, as such the petitioners
or their grantors would have been required to pay to such the district, as assessments, had such the lands
been included in such the district at the time the same district was originally formed.
Section 356. That § 46A-4-60 be amended to read as follows:
46A-4-60. Upon the adoption of the resolution specified in § 46A-4-57, if twenty-five percent of
the electors of the district have made written protests against the proposed inclusion of lands within the
district and have not withdrawn the same protests, the board of directors shall order that an election be
held within the district to determine whether the boundaries of the district shall be changed as mentioned
in the resolution, and shall fix the time at which such the election shall be held and. The board shall cause
notice thereof of the election to be given, posted, and published, and such the election shall be held and
conducted, the. The returns thereof of the election shall be made and canvassed, the result of the election
ascertained and declared, and all things pertaining thereto to the election conducted in the manner
prescribed by chapter 46A-6 in case of a special election to determine whether bonds of an irrigation
district shall be issued. The ballots cast at the election shall have contain the words, "for change of
boundary" or "against change of boundary," or words equivalent thereto terms. The notice of election
shall describe the boundaries in such manner and terms that the boundary can be readily traced.
Section 357. That § 46A-4-61 be amended to read as follows:
46A-4-61. If at such the election a majority of all the votes cast shall be are against such the change
of boundaries, the board of directors shall order that the petition be denied and shall may proceed no
further in the matter. But However, if a majority of such votes be in favor of such the votes are in favor
of the change, or if no election is held due to a lack of sufficient written protests as provided in § 46A-4-60, the board shall thereupon order the boundaries of the district to be changed in accordance with the
resolutions adopted by the board. The order shall describe the entire boundaries of the district, and for
that purpose the board may cause a survey of such portions thereof of the district to be made as the
board may deem necessary.
Section 358. That § 46A-4-62 be amended to read as follows:
46A-4-62. Upon a change of If the boundaries of a district being made are changed, a copy of the
order of the board of directors ordering such the change, certified by the president and secretary of the
board, shall be filed for record in the office of the Board of Water and Natural Resources and also the
register of deeds office of each county within which are situated any of the lands of the district, and
thereupon the. The district shall be and remain an irrigation district as fully, to every intent and purpose,
as if the lands which are included in the district by the boundary change of such boundaries had been
included therein in the district at the original organization of the district.
Section 359. That § 46A-4-64 be amended to read as follows:
46A-4-64. In case of the inclusion of any land within any district by proceedings under this chapter,
the board of directors must shall, at least thirty days prior to before the next succeeding general election,
make an order redividing such the district into three, five, or seven divisions, as nearly equal in size as may
be practicable, which. The divisions shall be numbered, and one director shall thereafter be elected by
each division. For the purposes of elections the board of directors must shall establish a convenient
number of election precincts in the district and define the precinct boundaries thereof, which precincts.
The precincts may be changed from time to time as the board may deem deems necessary.
Section 360. That § 46A-4-65 be amended to read as follows:
46A-4-65. The owner or owners in fee of one or more tracts any tract of land, entrymen of
unpatented lands, and the secretary of the interior for unentered public lands, which constitute a portion
of an irrigation district, may file with the board of directors of the district a petition praying that such tracts
and any other tracts contiguous thereto may tracts be excluded and taken from the district. The petition
shall describe the boundaries of the land which the petitioners desire to have excluded from the district
and also the lands of each of such the petitioners which that are included within such the boundaries; but
the. The description of such the lands need not be more particular nor certain than is required when the
lands are entered in the assessment book by the county director of equalization; such and the petition
must shall be acknowledged in the same manner and form as required in case of a conveyance of land.
Section 361. That § 46A-4-66 be amended to read as follows:
46A-4-66. The secretary of the board of directors shall cause publish a notice of the filing of such
the petition to be published once each week for at least two successive weeks in some newspaper
published in the county where the office of the board of directors is situated, and if. If any portion of such
the territory to be excluded lies within another county or counties, then such the notice shall be so
published in a newspaper published within each of such the counties; or if. If no newspaper be is
published therein, then in such counties, notice shall be provided by posting such the notice for the same
time in at least three public places in the district, and in. In the case of the posting of notices, one of such
notices must notice shall be posted on the lands proposed to be excluded. The notice shall state the filing
of such the petition, the names of the petitioners, a description of the lands mentioned in such the petition,
and the prayer of the petition; and it. The notice shall notify all persons interested in or that may be
affected by such the change of the boundaries of the district to appear at the office of the board, at a time
named in the notice, and show cause in writing, if any they have, why the change in the boundaries of such
the district, as proposed in such the petition, should not be made. The time to be specified in the notice
at which they shall be required to show cause shall be at the next regular meeting of the board next after
the expiration of the time for the publication of the notice.
Section 362. That § 46A-4-67 be amended to read as follows:
46A-4-67. The board of directors, at the time and place mentioned in the notice or at the time or
times to which the hearing of such the petition may be adjourned, shall proceed to hear the petition and
all objections thereto to the petition, presented in writing by any person, showing cause why the prayer
of such petition should not be granted. The failure of any person interested in the district to show cause,
in writing, why the tract or tracts of land mentioned in the petition should not be excluded from such
district shall be the district is deemed an assent by him the person to the exclusion of such tract or tracts
the tract of land, or any part thereof; and the of the tract. The filing of such the petition with such the
board shall be is deemed an assent by each and all of such petitioners petitioner to the exclusion of the
lands mentioned in the petition, or any part thereof of the lands.
Section 363. That § 46A-4-68 be amended to read as follows:
46A-4-68. If there be are outstanding bonds of the district or if the district shall have has entered into
a contract with the United States as provided in chapters 46A-5 and 46A-6, the board of directors may
adopt a resolution to the effect that the board deems it to be for the best interests of the district that the
lands mentioned in the petition, or some portion thereof of the lands, should be excluded from the district.
The resolution shall describe such the lands so that the boundaries thereof of the lands can be readily
traced. The holder or holders of any such outstanding bonds may give their consent in writing to the effect
that they severally consent that the board may make an order by which the lands mentioned in the
resolution may be excluded from the district and in case. If any contract has been made with the United
States, the secretary of the interior may assent to such the change. The assent may be acknowledged by
the several holders of such holders of the bonds in the same manner and form as required in case of a
conveyance of land, except the assent of the secretary of the interior need not be acknowledged. The
assent shall be filed with the board and shall be recorded in the minutes of the board; and such. The
minutes, or a certified copy thereof, shall be of the minutes, are admissible in evidence with the same
effect as the assent; but if such the assent of the bondholders, and in case of any contract with the United
States such the assent of the secretary of the interior, is not filed, the board shall deny and dismiss the
petition; provided, however, that. However, if the resolution or resolutions authorizing the issuance of the
outstanding bonds explicitly provide provides that no bondholder assent shall be is required for the
exclusion of lands from the district or if the resolution or resolutions provide provides that the bondholder
assent shall be is required only under certain specified conditions, then the terms of the resolution or
resolutions shall prevail and no bondholder assent need necessarily be obtained as provided in this
section.
Section 364. That § 46A-4-69 be amended to read as follows:
46A-4-69. The If the board of directors, if it deems it not for in the best interests of the district that
the lands mentioned in the petition, or some portion thereof of the lands, should be excluded from the
district, the board shall order that the petition be denied. If it the board deems it for in the best interests
of the district, the board may order that the lands mentioned in the petition, or some portion thereof of
the lands, be excluded from the district and if less under the following conditions:
Section 365. That § 46A-4-80 be amended to read as follows:
46A-4-80. If any tract of land, or any part
recorded in the office of the register of deeds in the county in which such the land is situated, and
thereafter. After the order has been recorded, all the obligations against the land from which such the
water right has been taken, arising by reason of such the water right, shall thereupon be canceled and
such the obligation shall follow and attach with such the water right to the land so included, if any.
Section 366. That § 46A-4-81 be amended to read as follows:
46A-4-81. Whenever If a majority of the assessment payers, representing a majority of the number
of acres of irrigable land within any irrigation district, shall petition the board of directors to call a special
election for the purpose of submitting to the qualified electors of such the irrigation district a proposition
to vote on the discontinuance of such the irrigation district and a settlement of its bonded and other
indebtedness, it shall be the duty of the board of directors to shall call an election, setting forth the object
of the same, and to cause a notice of such election to be published election. The board shall publish a
notice of the election in some newspaper in each of the counties in which the district is located, and in
which a newspaper is published, for a period of thirty days prior to such before the election, setting forth
the time and place for holding such the election in each of the voting precincts in the district; and it. The
board shall also cause post a written or printed notice of such election to be posted the election in some
conspicuous place in each of the voting precincts.
Section 367. That § 46A-4-82 be amended to read as follows:
46A-4-82. In case If a contract has been made with the United States, no action shall may be taken
by the board of directors for the dissolution of any irrigation district, as herein provided in this chapter,
unless the assent of the secretary of the interior thereto to the dissolution in writing has been filed with the
secretary of the board of directors and a certified copy thereof of the assent filed with the register of
deeds of each county where such the district lands are situated.
Section 368. That § 46A-4-83 be amended to read as follows:
46A-4-83.
Section 369. That § 46A-4-84 be amended to read as follows:
46A-4-84. The return of the election, together with the ballots cast
Section 370. That § 46A-4-85 be amended to read as follows:
46A-4-85. If a majority of the votes
Section 371. That § 46A-4-87 be amended to read as follows:
46A-4-87. For the purpose of raising money to pay any
be sworn by any officer authorized by law to administer oaths and who has an official seal, to appraise
the canal, franchises, and other property of the district at its cash value; and, as soon thereafter as
practicable, such. As soon as practicable, the appraisers shall make an appraisement and shall report in
writing their appraisement of all the property owned by the district, to the board of directors.
Section 372. That § 46A-4-89 be amended to read as follows:
46A-4-89. The board of directors shall have power to reject any and all bids which may reject any
bids that are not, in the judgment of the board, a fair and just consideration for the property; and after.
After bids are thus rejected by the board, it the board may by private negotiations with any person sell
and convey by deed, executed by such the board, all of the property for part cash and part in deferred
payments, bearing the same interest as the bonded indebtedness of such the district; and in case. If the
district has no bonded indebtedness, the interest upon such the deferred payments shall be such as may
be as agreed upon by the board and the purchaser, not exceeding the rate allowed by law. Such The
deferred payments shall be are a lien upon all the property thus sold by the board which shall and have
the same force and effect as a mortgage against such the property and may, when due, be foreclosed in
the manner provided by law for the foreclosure of mortgages.
Section 373. That § 46A-4-90 be amended to read as follows:
46A-4-90. In addition to such the lien, the board of directors may require the purchaser of the
property to furnish the district with such additional security upon all deferred payments as in its judgment
shall make such payments secure; and all. All notes, bonds, mortgages, and other securities shall be made
out to and in the name of the irrigation district, and shall be, together with the money received from such
the sale, deposited with the county treasurer of the county in which the district was originally organized
and shall. The notes, bonds, mortgages, and other securities may be paid out only upon warrants duly
authorized by the board of directors of the district, signed by the president and secretary of such the
board. All actions at law or in equity brought for the purpose of collecting such indebtedness, shall be
brought in the name of such the district by counsel employed by the district board; and in case the board
shall be. If the board is disorganized, such employment shall be by the board of county commissioners.
Section 374. That § 46A-4-91 be amended to read as follows:
46A-4-91. In all cases where If bonds and other obligations of irrigation districts shall be issued, such
are issued, the bonds and obligations shall become are subject to redemption by the board of directors
of any irrigation district, as soon as the property and franchise of such the district shall be sold after such
are sold after the district has elected to dissolve as a district, as herein provided in this chapter.
Section 375. That § 46A-4-92 be amended to read as follows:
46A-4-92. After a sale of the property and franchises of the district, the board of directors shall, with
the amount realized from such the sale, together with such other funds as such district may have of the
district, make settlement, payment, and redemption, if possible, of all outstanding bonded and other
indebtedness of the district, but shall in. However, in no case may the district pay more than the par value
of such the outstanding bonds with interest up to the time of payment plus any redemption premium
agreed upon by the district at the time the outstanding bonds are issued.
Section 376. That § 46A-4-94 be amended to read as follows:
46A-4-94. After all the property of the district shall be is disposed of and all of the obligations of
such district shall have been are paid, the directors of such the district shall file in the office of the county
auditor of each county in which such the district is located, and in the office of the Board of Water and
Natural Resources, a report attested by the secretary and under the seal of the board of directors, stating
that the district has disposed of its property and franchises and become is disorganized and dissolved,
which. The report shall be recorded in the miscellaneous record of such the counties; and if. If any
person, having who has any claim against such the district that is not settled or disposed of at the time of
the filing of such the report, shall fail or neglect fails or neglects to bring suit upon such the claim within
five years from the time of the filing of such the report, such the claim shall be is forever barred against
such the district as well as against all persons and property therein in the district.
Section 377. That § 46A-4-95 be amended to read as follows:
46A-4-95. All irrigation districts, created under the provisions of this chapter, and additions thereto,
and deletions therefrom any addition to or deletion from any such district, heretofore established or
purporting to be established or adjusted pursuant to the provisions of this chapter and chapters 46A-5
to 46A-7, inclusive, and having a de facto existence of at least one year, are hereby declared to be valid
and legally created political subdivisions of the state, and the. The regularity and validity of the creation
of such the irrigation districts or any boundary adjustments thereof shall not be of the districts are not
open to question in any court in this state; and all. All acts and proceedings of any such irrigation district
or of its board of directors, or both, leading up to the authorization and execution of an existing contract
between any such irrigation district and the United States of America, and all acts and proceedings of any
such irrigation district or of its board of directors, or both, leading up to the issuance and deliverance of
bonds of any such irrigation district are hereby legalized, ratified, confirmed, and declared valid to all
intents and purposes and all. All such existing contracts and outstanding bonds are hereby legalized and
declared to be valid and legal obligations of and against the irrigation district executing or causing the
execution of the same contracts or bonds.
Section 378. That § 46A-5-6 be amended to read as follows:
46A-5-6. The board of directors, its agents, and employees, shall have the right to may enter upon
any land within the district to make surveys, and may locate the line of any canal or canals and the
necessary branches for such the location. The board of directors shall also have the right to may acquire,
either by purchase or condemnation, all lands and waters and other property necessary for the
construction, use, maintenance, repair, and improvement of any canal, canals, power plants of any kind
or nature, pumping stations of any kind or nature, and lands for reservoirs for storage of water and all
necessary appurtenances. The board of directors shall also have the right to may acquire by purchase
or condemnation, for the use of such the district, any irrigation works, power plant, pumping station,
ditches, canals, or reservoirs already constructed. In case of purchase, the bonds of the district
hereinafter in this title provided for may be used at their par value in payment, as provided in this title.
Section 379. That § 46A-5-10 be amended to read as follows:
46A-5-10. The board of directors shall have the power to may construct such works across any
stream of water, watercourse, street, avenue, highway, railway, canal, ditch, or flume which that the route
of such canal or canals the canal may intersect or cross, in such manner as to afford security to life and
property; but. However, the board shall restore the same, when so crossed or intersected, stream of
water, watercourse, street, avenue, highway, railway, canal, ditch, or flume to its former state as near as
may be, or in such a manner as that will not unnecessarily to impair its usefulness; and every. Any
company whose railroad shall be is intersected or crossed by such works shall may unite with the board
in forming such the intersections and crossings, and grant the privileges aforesaid, and if such specified
in this section. If the railroad company and such the board, or the owners and controllers of the property,
thing, or franchise so to be crossed, cannot agree upon the amount to be paid therefor for the crossing,
or the points or the manner of the crossing, the same issues shall be ascertained and determined in all
respects as provided in condemnation proceedings.
Section 380. That § 46A-5-12 be amended to read as follows:
46A-5-12. The board of directors is hereby authorized to may take conveyances or other assurances
for all property acquired by it under the provisions of chapters 46A-4 to 46A-7, inclusive, in the name
of such the irrigation district, to and for the uses and purposes herein expressed, and to provided in this
chapter. The board may institute and maintain any and all actions and proceedings at law or in equity,
necessary or proper in order to carry out fully the provisions of said chapters 46A-4 to 46A-7, inclusive,
and to enforce, maintain, protect, or preserve any and all rights, privileges, and immunities created by said
those chapters or acquired in pursuance thereof of such rights, privileges, and immunities. In all actions
or proceedings the board may sue, appear, and defend, in person or by attorney, and in the name of such
the irrigation district.
Section 381. That § 46A-5-13 be amended to read as follows:
46A-5-13. After adopting a plan of canal or canals, storage reservoirs, and works, the board of
directors shall give notice, by publication thereof publish notice of the plan, not less than twenty days after
it is adopted, in one newspaper published in each of the counties in which the district is situated, if a
newspaper is published therein in the counties, and in such other newspapers as it may deem the board
deems advisable, calling for bids for the construction of the work or any portion thereof; if of the work.
If less than the whole work is advertised, the portion so advertised must shall be particularly described
in such the notice. The notice shall set forth that plans and specifications can be seen at the office of the
board, and that the board will receive sealed proposals therefor for the work, and that the contract will
be let to the lowest responsible bidder, stating. The notice shall state the time and place for opening the
proposals, which at the time and place shall be opened in public; and as. As soon as convenient thereafter
after the bids are opened, the board shall let such work, either in part or as a whole, to the lowest
responsible bidder or it. Alternatively, the board may reject any or all bids bid and readvertise for
proposals, or may proceed to construct the work under its own superintendence.
Section 382. That § 46A-5-17 be amended to read as follows:
46A-5-17. The provisions of §§ 46A-5-13 to 46A-5-16, inclusive, shall do not apply in case of any
contract between the district and the United States.
Section 383. That § 46A-5-18 be amended to read as follows:
46A-5-18. The board of directors may enter into any obligation or contract with the United States for the construction, operation, and maintenance of the necessary works for the delivery and distribution of water
Section 384. That § 46A-5-19 be amended to read as follows:
46A-5-19.
Section 385. That § 46A-5-20 be amended to read as follows:
46A-5-20. If bonds of the district are not deposited with the United States pursuant to § 46A-5-19,
Section 386. That § 46A-5-21 be amended to read as follows:
46A-5-21. The board of directors may accept on behalf of the district appointment of the district as fiscal agent of the United States or authorization of the district by the United States to make collections of the money for and on behalf of the United States in connection with any federal reclamation project, organized
Section 387. That § 46A-5-23 be amended to read as follows:
46A-5-23.
Section 388. That § 46A-5-25 be amended to read as follows:
46A-5-25.
Section 389. That § 46A-5-26 be amended to read as follows:
46A-5-26. Every irrigation district within this state
corporations; provided that if the person suffering such damage shall, within thirty days after such
negligence or failure, serve serves a notice in writing on the chairman chair of the board of directors of
such the district, setting forth particularly the acts or omissions on the part of the district which it is
claimed constitute such negligence or failure, and that he the person expects to hold such the district liable
for whatever damages may result; and provided further that such. Such action shall may be brought within
not later than one year from the time the cause of action accrues.
Section 390. That § 46A-5-27 be amended to read as follows:
46A-5-27. Nothing contained in chapters 46A-4 to 46A-7, inclusive, shall be deemed to authorize
authorizes any person to divert the waters of any river, creek, stream, canal, or ditch from its channel,
whereby so that the vested right of any person having any interest in such the river, creek, stream, canal,
or ditch, or the waters thereof of the river, creek, stream, canal, or ditch, is invaded or interfered with,
unless previous compensation be ascertained and paid therefor has been determined and paid under the
laws of this state authorizing the taking of private property for public use.
Section 391. That § 46A-5-28 be amended to read as follows:
46A-5-28. The board of directors of any irrigation district may appropriate money from its general
fund for the purpose of advertising the district's possibilities and advantages to the world as a home and
as a location for agriculture, factories, and other legitimate enterprises. Such The appropriation shall may
not exceed the sum of two and one-half cents for each irrigable acre within such the irrigation district.
Section 392. That § 46A-6-1 be amended to read as follows:
46A-6-1. The Neither the board of directors, or nor any other officers of an irrigation district, shall
have no power to may incur any debt or liability, either by issuing bonds or otherwise, in excess of the
express provisions of chapters 46A-4 to 46A-7, inclusive, and any debt or liability incurred in excess of
such express provisions shall be and remain absolutely is void.
Section 393. That § 46A-6-2 be amended to read as follows:
46A-6-2. The board of directors of any
Section 394. That § 46A-6-3 be amended to read as follows:
46A-6-3. If the contract provided in § 46A-6-2 provides for payment of the entire purchase price of
Section 395. That § 46A-6-5 be amended to read as follows:
46A-6-5. Any organized irrigation district
extend the drainage ditches outside of the limits of such the district for the purpose of conducting the
drainage water to other lands upon which the same water may be lawfully used or to return the same
water to some natural watercourse. The powers herein granted shall granted in this section include the
power to enter into a contract with the United States of America to carry out and effectuate all proper
drainage of the district or any part thereof, of the district; and any such contract shall be treated, to all
intents and purposes, as if made under the provisions of this chapter.
Section 396. That § 46A-6-7 be amended to read as follows:
46A-6-7. The board of directors shall submit the contract referred to in § 46A-6-6 to the electors
of the irrigation district at a general election, or at a special election called for that purpose. If a special
election is called for that purpose, notice of election shall be given, the election shall be conducted, and
the votes shall be canvassed, so far as practicable, in the manner provided for elections held for the
purpose of voting upon the issuance of bonds. The ballots at such the election shall have printed thereon
on the ballots "For the approval of contract for drainage of contiguous lands outside the boundaries of
the irrigation district," and "Against approval of contract for drainage of contiguous lands outside the
boundaries of the irrigation district." The notice of election need not give the entire contract but it shall
be. It is sufficient if it the notice states in a general way the substance thereof of the contract. If a majority
of the voters voting on the proposition vote for approval of the contract, the board of directors shall be
authorized to enter into such may enter into the contract.
Section 397. That § 46A-6-8 be amended to read as follows:
46A-6-8. The board of directors of any irrigation district established and organized under and by
virtue of the laws of South Dakota, whenever if deemed advisable and to in the best interests of the
district, shall have the power and authority to may enter into any contract with the United States
supplementing or amending any original contract with the United States, said if the original contract having
been was entered into pursuant to the provisions of chapters 46A-4 to 46A-7, inclusive; provided, that
such, and if the supplementary or amendatory contract does not increase the amount of principal
indebtedness of the district to the United States as it exists at the date of the supplementary or
amendatory contract.
Section 398. That § 46A-6-9 be amended to read as follows:
46A-6-9. In case If any supplementary or amendatory contract shall be is made with the United
States under § 46A-6-8, no election shall be is necessary, nor shall is the board of directors of such the
irrigation district be required to proceed for a judicial confirmation of the making of such the contract and
the terms thereof of the contract. It shall be is sufficient in the case of a contract made with the United
States under § 46A-6-8 for the board of directors of any irrigation district to authorize the execution of
the same contract by its president and secretary by appropriate resolution adopted at any regular or
special meeting of the board of directors.
Section 399. That § 46A-6-15 be amended to read as follows:
46A-6-15. Any resolution or resolutions authorizing the issuance of bonds of the irrigation district
may contain covenants and agreements on the part of the district to protect and safeguard the security
and payment of such the bonds, which. The covenants and agreements shall be a part of the contract with
the holders of the bonds thereby authorized, including agreements for the setting aside of reserves or debt
service funds and the regulation, investment, and disposition thereof, and including of the reserves or debt
service funds; agreements as on the use of trustees to further protect the interest of bondholders,; and
including any other agreements, of a like or different nature, which that in any way affect the security or
protection of bonds of the district.
Section 400. That § 46A-6-16 be amended to read as follows:
46A-6-16. Bonds authorized and issued as provided in § 46A-5-4 for the purpose of being delivered
to the United States and held or sold by it, shall be in the form, terms, and denominations as may be fixed
by the secretary of the interior in carrying out the provisions of the act of Congress of June 17, 1902, (32
Stat. 388) and all acts amendatory thereof or supplementary thereto, or that may be enacted as
amendatory or supplementary thereto, as amended to January 1, 2011, and any acts that are
supplementary to the act.
Section 401. That § 46A-6-19 be amended to read as follows:
46A-6-19. Such The bonds, and the interest thereon on the bonds, shall be paid by revenue derived
from an annual assessment upon the real property of the district, and all. All real property of the district
shall be and remain is liable to be assessed for such payments as provided in chapter 46A-7, and for all
payments due or to become due to the United States under any contract between the district and the
United States, accompanying which contract for which bonds of the district have not been deposited with
the United States.
Section 402. That § 46A-6-29 be amended to read as follows:
46A-6-29. Any irrigation district heretofore or hereafter organized under the laws of this state for
irrigation or drainage purposes is authorized and empowered to may enter into contracts with the United
States whereby the bonds of the district are guaranteed by the United States, or financial credit is
extended by the United States to the district, and for the sale, purchase or use of any canal, ditch,
reservoir, right-of-way, irrigation or drainage system, or other property owned or to be acquired for the
use of such the district.
Section 403. That § 46A-6-30 be amended to read as follows:
46A-6-30. Any such district is authorized to irrigation district may accept any of the provisions of
any act of Congress of the United States applicable to such the district and to may obligate itself to
comply with such laws, rules, and regulations as may be promulgated by any department of the United
States in pursuance of such act, and irrigation pursuant to the act. Irrigation districts contracting with the
United States under the provisions of this chapter shall be governed in all matters by the laws of the state
relating to irrigation or drainage districts, as the case may be, except in such things as may be otherwise
provided for such districts. This section shall does not limit the rights which of any irrigation district has
under existing laws to purchase a water supply, or otherwise contract, and shall be is cumulative thereto
to such existing laws.
Section 404. That § 46A-6-31 be amended to read as follows:
46A-6-31. The board of directors may, in their discretion, before or after in connection with the
making of any contract with the United States or others, the levying of any assessment, or taking of any
particular steps or action, commence a special proceeding in the circuit court, in and by which the
proceedings of such board and of said the district leading up to or including the making of any such
contract, and the validity of any of the terms thereof of the contract, the levying of any such assessment,
or the taking of any particular steps or action, shall be judicially examined, approved, and confirmed or
disapproved and disaffirmed. The practice and procedure for the confirmation of any step or action
provided for shall be conform as nearly as possible in conformity with the practice and procedure now
provided for the confirmation before the issuance and sale of bonds of irrigation districts. The court may
approve and confirm such the proceedings in part and may disapprove and declare illegal or invalid other
and subsequent parts of the proceedings and insofar. Insofar as possible, the court shall remedy and cure
all defects in said the proceedings.
Section 405. That § 46A-6-36 be amended to read as follows:
46A-6-36. In case If an irrigation district organized under the laws of this state, enters into a contract
with the United States for the payment of charges due the United States in connection with a federal
reclamation project, and such the district contract is inconsistent in any respect with the individual water
right contracts between the United States and the landowners of the district, such the district contract will
be taken as amendatory of individual water right contracts affecting district land, the owners, mortgagees,
or lienors of which fail to answer said the petition. Provided however, that such However, the contract
entered into with the United States, providing for a different deficiency assessment, has been shall be
approved by a majority vote of the owners of land at an election properly called for such purpose.
Section 406. That § 46A-6-37 be amended to read as follows:
46A-6-37. Upon the hearing of such the special proceeding the court shall have power and
jurisdiction to may examine and determine the legality and validity of, and approve and confirm or
disapprove and disaffirm, each and all of the proceedings for the organization of such the district, from
and including the petition for the organization of the district and all other steps and matters which that may
affect the legality or validity of the proceedings and objects set forth in the petition, including any
proceedings connected with the voting and issuing of bonds by the district. The court in inquiring into the
regularity, legality, or correctness of such the proceedings must shall disregard any error, irregularity, or
omission which that does not affect the substantial rights of the parties, and it. The court may approve and
confirm such the proceedings in part and disapprove and declare illegal or invalid other and subsequent
parts of the proceedings, and insofar as possible the court shall remedy and cure all defects in such the
proceedings. The court shall find and determine whether the notice of the filing of the petition has been
duly given and published for the time and in the manner prescribed by this chapter. The costs of the
special proceeding may be allowed and apportioned between the parties in the discretion of the court.
Section 407. That § 46A-6-38 be amended to read as follows:
46A-6-38. If the court shall determine determines the proceedings for the organization of the district
to be legal and valid and the proceedings for the voting and issuing of the bonds legal and valid, the board
of directors shall then proceed to prepare a written statement, beginning with the filing of the petition for
the organization of the district and including all subsequent proceedings for the organization of the district,
the voting and issuing of such bonds or other objects of such petition, and ending with the decree of the
court finding the proceedings for the organization of the district and subsequent proceedings legal and
valid; and when. If the proceedings are for the confirmation of a bond issue, the board shall present such
the written statement and the bonds to the Department of Water Environment and Natural Resources and
such the written statement shall be certified under oath by the board of directors of the district, and the.
The Department of Water Environment and Natural Resources shall record the statement and register
the bonds in its office, and no such bonds shall may be issued or be valid unless they shall be so are
registered and have endorsed thereon on the bonds a certificate of the Department of Water Environment
and Natural Resources showing that such the bonds are issued pursuant to law, the date filed in the office
of such the department being the basis of such the certificate.
Section 408. That § 46A-6-39 be amended to read as follows:
46A-6-39. The board of directors of any irrigation district in this state sustaining contractual relations
with the United States shall have the power to may borrow funds for the purpose of making any
necessary payments thereon on the contracts, and to may pledge the credit of the district for the payment
of the same contracts.
Section 409. That § 46A-6-40 be amended to read as follows:
46A-6-40. The board of directors shall have the power to may borrow funds to meet the necessities
of any unforeseen or unusual conditions arising in the operation and maintenance of the irrigation system
of said district and to the district and may pledge the credit of such the district for the payment thereof
of the debt.
Section 410. That § 46A-6-41 be amended to read as follows:
46A-6-41. The total sum borrowed by any district under the provisions of §§ 46A-6-39 and 46A-6-
40 shall may at no time exceed two-thirds of the amount of the general fund levy of such the district for
the preceding year. If the levy for the then current year shall be is insufficient to provide for the payment
of the sum or sums so borrowed, then such the payment shall be provided for in the levy for the next
ensuing year.
Section 411. That § 46A-6-43 be amended to read as follows:
46A-6-43. The board of directors may draw from time to time from the construction fund and
deposit, in the county treasury of the county where the office of the board is situated, any sum in excess
of twenty-five thousand dollars. The county treasurer is hereby authorized and required to shall receive
and receipt for the same deposit and place the same deposit to the credit of the district, and he shall be
responsible upon his. The county treasurer is responsible on the treasurer's official bond for the
safekeeping and disbursement of the same as in this chapter provided. He shall pay out the same, or any
part thereof deposit as provided in this chapter. The county treasurer shall pay out the deposit, or any
part of the deposit, only to the treasurer of the district and upon the order of the board, signed by the
president and attested by the secretary. The county treasurer shall report in writing on the second
Monday in each month the amount of money in the county treasury credited to the district, the amount
of receipts for the month preceding, and the amount of money paid out; the. The report shall be verified
and filed with the secretary of the board.
Section 412. That § 46A-6-47 be amended to read as follows:
46A-6-47. No claim shall may be paid by the district treasurer until the same shall have claim has
been allowed by the board of directors, and only upon warrants signed by the president and
countersigned by the secretary. All warrants shall be drawn and payable to the claimant or bearer, the
same as county warrants.
Section 413. That § 46A-6-48 be amended to read as follows:
46A-6-48. If the district treasurer does not have sufficient money on hand to pay any warrant when it is presented for payment,
Section 414. That § 46A-6-49 be amended to read as follows:
46A-6-49. The district treasurer shall keep a register
Section 415. That § 46A-7-1 be amended to read as follows:
46A-7-1. For the purpose of defraying the expenses of the organization of an irrigation district, and for the purpose of defraying all expenses incurred in formulating a general plan for the proposed operation of an irrigation district including surveys, maps, estimates, examinations, and plans made in order to demonstrate the practicability of such general plan, all as authorized by §§ 46A-5-2 and 46A-5-3, and for the purpose of defraying all expenses related to the care, operation, management, repair, and improvement of such portions of its canal and works as are completed and in use, including salaries of officers and employees, the board of directors
county commissioners in this state, and such. The assessment shall be collected as provided in this
chapter.
Section 416. That § 46A-7-3 be amended to read as follows:
46A-7-3. The board of directors may at any time, when in its judgment deemed advisable, call a
special election and submit to the qualified electors of the district the question whether or not a special
assessment shall be levied for the purpose of raising money to be applied for any of the purposes
provided for in chapters 46A-4 to 46A-7, inclusive. Such The election must shall be called upon the
notice prescribed, and the same election shall be held and the result thereof of the election determined
and declared in all respects in conformity with the provisions of said chapters 46A-4 to 46A-7, inclusive.
The notice must shall specify the amount of money proposed to be raised, and the purpose for which it
is intended to be raised, at such election; the. The ballots shall contain the words "Assessment--Yes,"
"Assessment--No." If a majority of the votes are "Assessment--Yes," the board shall, at the time of the
annual levy thereunder, levy an assessment sufficient to raise the amount voted; the. The assessment so
levied and computed shall be entered upon the assessment roll and upon the tax list by the county auditor
and collected at the same time and in the same manner as other assessments, and all. All revenue laws
of this state for the collection of real estate taxes and sale of land for taxes are hereby made applicable
apply to the assessment herein provided for; and when collected such in this section. When collected,
the assessment shall be paid over by the county treasurer to the district treasurer for the purpose specified
in the notice of such the special election.
Section 417. That § 46A-7-4 be amended to read as follows:
46A-7-4. The director of equalization must shall, between the first Monday in May and the first
Monday in July in each year, examine each tract or legal subdivision of land in an irrigation district
including entered and unentered public lands of the United States, subject thereto to the irrigation district
under the act of Congress approved August 11, 1916, entitled "An Act to promote the irrigation of arid
lands," and as amended to January 1, 2011. The director of equalization shall determine the benefits
which that will accrue to each of such tracts or subdivisions tract or subdivision on account of the
construction or acquisition of such the irrigation works, and the. The amount so apportioned or
distributed to each of such tracts or subdivisions tract or subdivision as finally equalized or confirmed by
the court, as the case may be, shall be and remain is the basis for fixing the annual assessments levied
against such the tracts or subdivisions in carrying out the purposes of chapters 46A-4 to 46A-7, inclusive.
Section 418. That § 46A-7-6 be amended to read as follows:
46A-7-6. The director of equalization shall make or cause to be made a list of such the
apportionment or distribution, which. The list shall contain a complete description of each subdivision or
tract of land of such the district, with the amount and rate per acre of such the apportionment or
distribution of cost and the name of the owners thereof; or he of the subdivision or tract. Alternatively,
the director of equalization may prepare a map on a convenient scale showing each of such subdivisions
or tracts with the rate per acre of such the apportionment entered thereon. Where on the map. If all lands
on any map or section of a map are assessed at the same rate, a general statement to that effect shall be
is sufficient. Such The list or map shall be made in duplicate, one of which shall be filed in the office of
the Department of Environment and Natural Resources and the other shall remain in the office of the
board of directors for public inspection.
Section 419. That § 46A-7-7 be amended to read as follows:
46A-7-7. Whenever If any irrigation district, organized under the laws of this state, shall have has
contracted with the United States for a supply of water for the irrigation of lands within the district, the
construction of irrigation or drainage works, or the operation thereof of such works, or both, or other
purposes authorized by law, the board of directors is authorized to may make the assessments intended
to meet the obligations of the district under such the contract in accordance with the method and terms
as provided by such the contract, and no. No apportionment of benefits by the director of equalization
shall be is necessary when if so provided in said the contract.
Section 420. That § 46A-7-8 be amended to read as follows:
46A-7-8. On or before the fifteenth day of July in each year, the director of equalization must
complete his shall complete the assessment roll and deliver it to the secretary of the board of directors,
who must. The board shall immediately give notice thereof of the assessment and of the time the board
of directors, acting as a board of equalization, will meet to equalize assessments, by publication once each
week for at least two consecutive weeks in a newspaper published in each of the counties comprising
the district. The time fixed for the meeting shall may not be less than ten nor more than twenty days from
the first publication of the notice; and in the meantime the assessment rolls must shall remain in the office
of the secretary for the inspection of all persons interested.
Section 421. That § 46A-7-13 be amended to read as follows:
46A-7-13. Where If an irrigation district organized under the laws of this state is under contract with
the United States providing for a different deficiency assessment than is prescribed in § 46A-7-12, the
provisions of such the contract shall govern such the district in making its assessments, provided such if
the contract has been approved by the necessary majority vote of the owners of the land affected at an
election properly called for such purpose.
Section 422. That § 46A-7-14 be amended to read as follows:
46A-7-14. In case of the neglect or refusal of a If the board of directors of any irrigation district
neglects or refuses to cause an assessment and levy to be made as in this chapter provided in this chapter,
the assessment of property made for the preceding year shall be adopted and shall be the basis of
assessment for the district, and the. The county commissioners of the county in which the district was
originally organized shall cause an assessment roll of such the district to be prepared and shall make the
levy for the payment of the principal and interest on bonds and, to meet all payments due or to become
due the ensuing year to the United States under any contract between the district and the United States,
and to meet the expenses for organizing and operating such the district, in the same manner and with like
effect as if the same levy had been made by such the board of directors; and the. The expense incident
thereto to making the levy shall be borne by such the district.
Section 423. That § 46A-7-15 be amended to read as follows:
46A-7-15. In any cases where If the board of directors has made a levy or assessment under any
contract between the United States and the district, and the United States shall thereafter modify or
supplement such modifies or supplements the contract or agreement so as to eliminate certain charges
under said the contract or agreement or so as to make such to make the charges due at a later date or
dates than originally provided in said the contract or agreement, said the board is empowered to may
direct the cancellation of said the levy or assessment theretofore previously made to raise funds to pay
the United States that are under such the modification or supplemental contract or agreement made due
and payable at a later date or dates.
Section 424. That § 46A-7-16 be amended to read as follows:
46A-7-16. The secretary of the board of directors must shall compute and enter in separate columns
of the assessment books the respective sums of dollars and cents in each fund, together with the sum
payable by each tract obligated to the United States by contract, if any, for the payment of water charges
to be paid on the property therein enumerated; and the. The secretary shall certify to the auditor of the
county in which the land is located the amount of such the taxes in each fund levied upon each tract of
land by such the board, including sums due the United States, and the auditor shall enter the amount of
each in separate columns of the tax list of his the county; and all. All tax lists when delivered to the county
treasurer shall contain all taxes in each fund levied on each tract of land by the board of such the irrigation
district.
Section 425. That § 46A-7-21 be amended to read as follows:
46A-7-21. All such taxes collected and paid to the county treasurer shall be received by such the
treasurer in his the treasurer's official capacity and he shall be. The treasurer is responsible for the
safekeeping, disbursement, and payment thereof of the taxes, the same as for other money collected by
him as such treasurer in the treasurer's official capacity.
Section 426. That § 46A-7-22 be amended to read as follows:
46A-7-22. In addition to other provisions of the laws of this state for the collection of assessments
levied against the acreage of an irrigation district, the board of directors of any irrigation district, organized
within a United States reclamation project is hereby authorized and empowered to may make collections
of all assessments levied against the acreage of said the irrigation district through the office of said the
board.
Section 427. That § 46A-7-26 be amended to read as follows:
46A-7-26. In districts which are following that use the alternative method of collecting assessments,
as provided for by § 46A-7-22, the director of equalization must shall, between the first day in
September and the first day of November, in each year, make the examination and determine the benefits
and fix the annual assessments to be levied against the tracts in said the district, as provided for and in
§§ 46A-7-4 to 46A-7-7, inclusive. The director of equalization must shall, on or before the fifteenth day
of November in each year, complete his the assessment roll and deliver it to the secretary of the board
of directors, who must then proceed to shall give notice thereof of the assessment as provided in § 46A-7-8.
Section 428. That § 46A-7-27 be amended to read as follows:
46A-7-27.
Section 429. That § 46A-7-29 be amended to read as follows:
46A-7-29. Any irrigation district, organized within a United States reclamation project,
desires to make such a change. Thereupon, and after the filing of said certificate After the certificate is
filed, beginning with the first day of May of the year in which such the change is desired to be made, all
requirements of the laws of this state for the collection of taxes and assessments through the county
treasurer's office shall be complied with to the extent and purpose as though §§ 46A-7-22 to 46A-7-28,
inclusive, had not been enacted.
Section 430. That § 46A-7-31 be amended to read as follows:
46A-7-31. No taxes or assessments shall may be ordered refunded unless the person complaining
shall file files in the office of the secretary of such the district a copy of his the person's tax receipt,
showing the same paid under protest, together with a sworn affidavit in writing showing one of the
following reasons why such tax or assessment should be refunded:
Section 431. That § 46A-7-32 be amended to read as follows:
46A-7-32.
prerequisites, or conditions prior to before equalization have been had met. If in any case there shall be
there is an erroneous extension of the water charge assessment or assessments, either as against the
wrong tract of land or against the wrong person, the assessment shall may not, for that reason, be
invalidated, but the. The district board upon the discovery of such error shall have full power to the error
may release, abate, refund, or otherwise correct such assessment or assessments the assessment by
directing the county auditor to release, abate, refund, or otherwise correct such the assessment and to
spread the assessment against the proper person or against the correct tract, or to abate the same
assessment, or to refund the water charge assessment or assessments erroneously collected, as the case
may require.
Section 432. That § 46A-7-33 be amended to read as follows:
46A-7-33. All assessments on real property and to the extent provided by the act of Congress of
August 11, 1916, as amended to January 1, 2011, on entered and unentered public lands, are a lien
against the property assessed from and after the day the real estate taxes become a lien, and. The
assessments shall draw interest at the same rate and from the same date as unpaid real estate taxes, and
such lien is not removed until the assessments are paid or the property sold for the payment thereof, and
it shall be the duty of the of the assessments. The county treasurer to shall collect such the assessments
in the same manner as other taxes against real estate are collected, and the revenue laws of the state for
the collection of taxes and sale of land for such taxes are hereby made applicable apply to the collection
of assessments under this chapter.
Section 433. That § 46A-7-36 be amended to read as follows:
46A-7-36. In any case where If the board of directors determines that assessments levied before
February 25, 1933 against the lands of the district for either its general fund or bond and United States
contract fund are delinquent to such an extent that the enforcement of the payments thereof through tax
title proceedings is impracticable, and further determines that it is to the benefit of the irrigation district
to compromise, abate, or reallocate any part or all of such assessments, the board is hereby authorized
and empowered to may compromise, abate, or reallocate any or all of said of the delinquent assessments,
subject to the following conditions:
Section 434. That § 46A-7-38 be amended to read as follows:
46A-7-38. For the purpose of paying
Section 435. That § 46A-7-39 be amended to read as follows:
46A-7-39.
Section 436. That § 46A-7-40 be amended to read as follows:
46A-7-40. No expenditures
Section 437. That § 46A-7-43 be amended to read as follows:
46A-7-43. After the issuance of any such tax deed to an irrigation district, the directors
power to may sell and convey the land so purchased, or any part thereof of the land, at either public or
private sale, whether or not the price received therefor for the land equals the amount of delinquent taxes,
assessments, penalties, interest, and costs against said lands or not; but if such lands be the lands.
However, if the lands are offered for sale at public sale, such the directors may reject any and all bids
thereon, and no such lands shall be sold by such bids on the lands, and no such lands may be sold by the
directors at private sale until the same shall lands have been offered for sale at public sale, nor at a price
less than the highest price bid therefor for the lands at the public sale at which such the lands were
offered, and if. If no bid is received for such the lands when the same lands are offered for public sale,
the said directors may then sell the same lands in such manner and for such price as in their judgment they
shall they deem to be for in the best interests of said the district.
Section 438. That § 46A-7-44 be amended to read as follows:
46A-7-44. Sections The provisions of §§ 46A-7-37 to 46A-7-43, inclusive, shall apply only when
or after such if the irrigation district shall have has commenced delivery of water to any lands within such
the irrigation district.
Section 439. That § 46A-7-45 be amended to read as follows:
46A-7-45. No irrigation district shall may in any year issue warrants in excess of ninety percent of
the levy for such the year, except that. However, in case of due and outstanding obligations against the
district on account of operation, maintenance, and current expenses contracted prior to before the year
in which any levy is made, the district board shall have power to may make an additional levy, not to
exceed one dollar per acre upon all irrigable lands within the district, to create a special fund for the
payment of past due obligations.
Section 440. That § 46A-7-46 be amended to read as follows:
46A-7-46. Whenever If the claims or obligations against any fund for any year are fully paid, the
board of directors shall have power to may transfer any unused balance to any other fund for the
preceding or succeeding year.
Section 441. That § 46A-7A-3 be amended to read as follows:
46A-7A-3. Lands initially within the district shall be are those lands on a list provided by local project
sponsors to be filed with the state board. The list shall contain the name and address of each landowner
whose lands are to be included in the district. Before it fixes the date for the validation election required
by § 46A-7A-11, the state board shall notify each such landowner, by first class mail, that:
Section 442. That § 46A-7A-10 be amended to read as follows:
46A-7A-10. In the validation election required by § 46A-7A-11, each elector may cast one vote in the division in which the majority of
valuation of district land to which he the elector holds title. The district assessed valuation shall be is the
valuation assessed by the district.
Section 443. That § 46A-7A-12 be amended to read as follows:
46A-7A-12. Any holder of title to land included in the original district or any land subsequently
annexed to the district may elect to exclude all or any part of his or her lands without any obligation
whatsoever by notice to the board within one hundred eighty days following the validation election.
Section 444. That § 46A-7A-20 be amended to read as follows:
46A-7A-20. Any director shall either be an elector, or the designated representative of an elector,
holding title to a minimum of one hundred acres of district land within the division he the director
represents and shall reside within the general boundaries of his the division as set forth in the notice
provided in § 46A-7A-21 or as later modified by the board.
Section 445. That § 46A-7A-27 be amended to read as follows:
46A-7A-27. In the calendar year following the validation election and each year thereafter, the
district shall call a regular election, at which there shall be elected for a term of three years, two or more
members of the board, as the case may be. Any nominee from each division shall be nominated as
provided and shall be elected by receiving the highest number of votes cast by the electors of his the
nominee's division. Any regular election of the district shall be held on the last Tuesday in October of each
year.
Section 446. That § 46A-7A-28 be amended to read as follows:
46A-7A-28. After the initial election of directors, the directors shall be nominated by filing with the
board, not less than thirty days before the regular election, nominating petitions for the vacancies to be
filled. The petitions shall be in the form prescribed by the State Board of Elections and shall be signed
by at least ten qualified electors of the division in which a vacancy will occur. No petition may contain
the name of more than one candidate for any vacancy to be filled. Each elector may sign petitions for
vacancies in each division in which he the elector is a holder of title, but no elector may sign more than
one petition for any particular vacancy.
Section 447. That § 46A-7A-36 be amended to read as follows:
46A-7A-36. In case of a vacancy in the office of a member of the board, the vacancy shall be filled
by appointment by a majority of the remaining members of the board. Any director so appointed shall
hold his office until the next election of such the division and until his the director's successor is elected
and qualified.
Section 448. That § 46A-7A-37 be amended to read as follows:
46A-7A-37. Any director elected in compliance with § 46A-7A-24 shall enter immediately into the
duties of his the office upon qualifying as provided in § 46A-7A-38 and shall hold his office until the next
regular election of the district, when his a successor is elected and qualified. Any director elected
thereafter shall assume the duties of his the office on the last Tuesday in November after his the election
and shall hold his office until his a successor is elected and qualified.
Section 449. That § 46A-7A-38 be amended to read as follows:
46A-7A-38. Before assuming the duties of his the office, any director or officer shall take and
subscribe an official oath. The district treasurer shall execute an official bond, approved by the board of
directors, in the sum of not less than one thousand dollars, plus such additional amounts as determined
by the board. Any official bond shall be in the form prescribed by law for official bonds of county
officers, except. However, the obligee named in such the bond shall be the district, and if approved surety
company bonds are furnished, the cost of such the bonds shall be paid by the district.
Section 450. That § 46A-7A-44 be amended to read as follows:
46A-7A-44. For time actually employed in the duties of his the office and in attending and returning
from sessions of the board and other meetings approved by the board, any director shall receive
compensation, per diem, and mileage allowances in an amount not to exceed state rates. Any exception
may be granted by an affirmative vote of the board. The board shall fix the compensation to be paid to
district officers and employees. Such compensation shall be paid from the district general fund.
Section 451. That § 46A-7A-47 be amended to read as follows:
46A-7A-47. No director or officer of the district may be interested in any manner, directly or
indirectly, in any contract awarded by the district or in the profits to be derived therefrom from the
contract, nor may he the director or officer receive any gratuity or bribe. Any director or officer who is
interested in any manner, directly or indirectly, in any contract awarded by the board or in the profits
derived therefrom from the contract, or who receives any gratuity or bribe, is guilty of a Class 5 felony.
Section 452. That § 46A-7A-54 be amended to read as follows:
46A-7A-54. The board may enter into any obligation or contract with the United States for
construction, operation, and maintenance of all or any part of necessary works for delivery and
distribution of water therefrom from the works under the provisions of federal reclamation acts and all
acts, amendatory thereof or supplementary thereto, as amended to January 1, 2011, any acts
supplementary to the reclamation acts, and any rules and regulations established thereunder under the
reclamation acts or supplementary acts. The board may contract with the United States for water and
power supplies under any act of Congress providing for or permitting such contracts. Any contract with
the United States shall be approved by district electors in the same manner as approval of a bond issue.
Section 453. That § 46A-7A-56 be amended to read as follows:
46A-7A-56. The board, whenever if it deems it in the best interests of the district, has the power and
authority to may enter into any contract with the United States supplementing or amending any original
contract with the United States, provided that such if the supplementary or amendatory contract does
not increase the amount of principal indebtedness of the district to the United States as it exists at that
date.
Section 454. That § 46A-7A-58 be amended to read as follows:
46A-7A-58. To estimate the cost of any construction work, the board shall have surveys,
examinations, and plans made to demonstrate the practicability of such the plan and to furnish the proper
basis for an estimate of the cost of construction. Any surveys, examinations, maps, plans, and estimates
shall be made under the direction of, and certified by, a registered professional engineer and shall be
certified by him. The board of directors shall file a copy of them the surveys, examinations, maps, plans,
and estimates with the state board.
Section 455. That § 46A-7A-60 be amended to read as follows:
46A-7A-60. If any contract for construction is made with the United States as provided in § 46A-7A-54 and bonds are required to raise funds in addition to the amount of the contract, they shall may be
issued only in the amount needed.
Section 456. That § 46A-7A-63 be amended to read as follows:
46A-7A-63. The board may make all necessary acquisitions of right-of-way to provide service to
each tract of land subject to assessment and may exercise its right of eminent domain to procure
right-of-way for conveyance facilities. This section does not deprive any person entitled thereto from
exercising his the person's right of eminent domain.
Section 457. That § 46A-7A-126 be amended to read as follows:
46A-7A-126. Each county auditor, treasurer, and director of equalization shall file annually with the
county commissioners of his the county an itemized statement showing additional expenses to his or her
office caused by performance of the duties imposed upon him the office by this chapter. Upon filing of
such the statement, the county commissioners, by order in its minutes, shall deduct such expenses from
the assessment money of the district and transfer it into the county general fund.
Section 458. That § 46A-7A-131 be amended to read as follows:
46A-7A-131. When If the district has levied an assessment and the board determines that the
assessment, together with interest thereon on the assessment, will provide an amount greater than is
required to meet all obligations incurred for the purposes for which the assessment was levied, the board,
provided that if no bonds are outstanding, by resolution may declare its intention to cancel all or any
portion of the assessment balance. For purposes of this section, the term ", assessment balance", means
the assessment and the interest thereon on the assessment. The board, subject to limitations provided in
this chapter, may cancel such the assessment balance, including the interest thereon, a part of the
assessment and the interest thereon, all of the interest on the assessment or a part of the interest on the
assessment.
Section 459. That § 46A-7A-146 be amended to read as follows:
46A-7A-146. All funds belonging to the district, other than funds deposited with trustees or fiscal
agents for payment of the principal of and interest on bonds of the district, shall be deposited by the
treasurer in any bank within the state, which. The bank shall be designated by the board. If no depository
is designated, the treasurer shall select a bank as a depository for such the funds. Deposit of such funds
shall relieve the funds relieves the district treasurer from personal liability for loss of deposited funds
through the insolvency or failure of the depository while funds are deposited therein pursuant to this
section.
Section 460. That § 46A-7A-147 be amended to read as follows:
46A-7A-147. The board may draw from any district fund to deposit in the state treasury any sum
in excess of twenty-five thousand dollars. The state treasurer shall receive and receipt the deposit and
place it to the credit of the district or to any designated fund of the district. He The state treasurer is
responsible upon his the state treasurer's official bond for investment, safekeeping, and disbursement of
the funds as provided in this chapter. He The state treasurer shall pay out funds only to the treasurer of
the district upon an order of the board, signed by the president and attested by the secretary. The state
treasurer shall report in writing each month on the amount of money in the state treasury credited to the
district, the amount of receipts for the month preceding and the amount of money paid out. The report
shall be verified and filed with the secretary of the board.
Section 461. That § 46A-7A-182 be amended to read as follows:
46A-7A-182. After all property of the district is disposed of and all obligations of the district have
been paid, the directors shall file, in the office of the auditor of each county in which the district is located
and in the office of the state board, a report attested by the secretary and under the seal of the board.
The report shall state that the district has disposed of its property and franchises and become
disorganized and dissolved. The report shall be recorded in the miscellaneous record of the counties. If
any person having any claim against the district not settled or disposed of at the time of the filing of the
report fails to bring action upon his the claim within five years from the time of filing of the report, the
claim shall be is forever barred against the district and against all persons and property therein in the
district.
Section 462. That § 46A-8-4 be amended to read as follows:
46A-8-4. The board of county commissioners of any county in which there has been a water users'
association organized in conformity with the requirements of the United States under the Reclamation Act
of June 17, 1902, as amended to January 1, 2011, and which, under its articles of incorporation, is
authorized to furnish water only to its stockholders, is hereby authorized to may accept such the water
users' association books for public record, containing printed copies of their articles of incorporation and
forms of subscription to stock and to use such the books for recording the stock subscriptions of such
the association. The charges for the recording of such the stock subscriptions shall be made on the basis
of the number of words actually written therein.
Section 463. That § 46A-8-6 be amended to read as follows:
46A-8-6. Any water users' association organized under the laws of this state and in conformity with
the requirements of the United States under the Reclamation Act of June 17, 1902, as amended to
January 1, 2011, and which, under its articles of incorporation, is authorized to may furnish water only
to its shareholders, is authorized may, for the purpose of raising revenue necessary for the
accomplishment of the purposes of such the association, to levy assessments from time to time, as
required, against its shareholders; and the shareholders shall have authority to. The shareholders may
make and enforce the necessary bylaws for the making, levying, collecting, and enforcing of such the
assessments. The nonpayment of any one or more of such of the assessments shall not be is not a bar to
the levying and collecting of other assessments against the same shareholders.
Section 464. That § 46A-8-7 be amended to read as follows:
46A-8-7. Such associations shall have the first and prior lien for all unpaid assessments on the lands
of the shareholder against which such the assessments are levied, and for all deferred payments on the
water right appurtenant to such lands; such lien to be the lands. The lien is in all respects prior to any and
all other liens created or attempted to be created by the owner and possessor of such lands; such lien to
the lands. The lien shall remain in full force and effect until the last deferred payment for the water right
and any unpaid assessments levied by such the association against such the land are fully paid and
satisfied, according to the terms of the contract under which such the water right was acquired, the
provisions of this chapter, and the bylaws of such the association relating to assessments. Such The lien
shall be enforced by the association by the foreclosure and sale of such the lands, or so much thereof as
may be necessary, in the manner provided by law for the foreclosure of mortgages on real property.
Section 465. That § 46A-9-4 be amended to read as follows:
46A-9-4. A water user district may be organized under the provisions of this chapter by filing in the Department of
persons named in the petition as directors shall be owners of land or entrymen within the
district, and, if election divisions are provided for, they shall be owners of land or entrymen
within the respective divisions they are to represent.
Section 466. That § 46A-9-6 be amended to read as follows:
46A-9-6. Nothing in this chapter shall be construed to prevent prevents the organization of a water
user district hereunder under this chapter within, or partly within, the territorial boundaries of another
district organized hereunder under this chapter, or of an irrigation district organized under the provisions
of chapter 46A-4, so long as if the works or systems, the operations of the same the works or systems,
the exercise of powers and the assumptions of duties and responsibilities hereunder under this chapter,
of or on the part of one such district, do not nullify, conflict with, or materially affect those of or on the
part of another such district.
Section 467. That § 46A-9-7 be amended to read as follows:
46A-9-7. Directors may be elected either at large, or from election divisions, without regard to
whether municipality areas are included within the water user district. If the petition states that the
directors shall be elected from election divisions, the petition shall describe the boundaries of such
divisions, which the divisions. The boundaries may be drawn either with or without regard to the
corporate limits of any municipality included partly or wholly within the district boundaries.
Section 468. That § 46A-9-9 be amended to read as follows:
46A-9-9. Said The petition must shall be signed by twenty-five percent of the landowners or
entrymen within the area constituting the proposed water user district, or by their duly authorized
representatives; provided, that. However, if the proposed district includes any portion of the area within
a municipality, the petition must shall be signed by twenty-five percent of the landowners or entrymen in
the portion of the proposed district area within each such municipality, or by their duly authorized
representatives, and must shall also be signed by twenty-five percent of the landowners or entrymen in
the area lying outside the limits of such the municipalities or by their duly authorized representatives. On
each petition, set opposite the signature of each petitioner, shall be stated his the petitioner's name and
post office address and the location of land of which he the petitioner is the owner or entryman.
Section 469. That § 46A-9-15 be amended to read as follows:
46A-9-15. If the Board of Water and Natural Resources shall determine determines that the
petitioners have complied with the requirements hereinbefore set forth, it of this chapter, the board shall
make an immediate investigation of the proposed water user district and of its proposed works, systems,
or plans and of the engineering and economic feasibility of the project; provided, that the. The board, in
its discretion, may make an estimate of the cost of such the investigation and may require the petitioners
to defray part or all of the estimated cost before proceeding with the investigation.
Section 470. That § 46A-9-16 be amended to read as follows:
46A-9-16. The Board of Water and Natural Resources, within ninety days from the receipt of the
petition, or within ninety days from the time funds shall become available to defray the cost of the
investigation, shall declare that the proposed project is or is not feasible and conforming to public
convenience and welfare. If the project is deemed not feasible, the board shall dismiss the petition; but.
However, if the board deems the project feasible and conforming to public convenience and welfare, it
the board shall immediately execute a certificate, in duplicate, setting forth a true copy of the petition and
declaring that said the petition is approved, and shall cause said certificate to be forwarded to and filed.
The board shall file the certificate in the Office of the Secretary of State and a copy thereof, certified by
him of the certificate, certified by the secretary of state, in the office of the county auditor of each county
in which any of the lands in such the water user district shall be are located. Thereupon, said the district,
under its designated name, shall be and constitute is a body politic and corporate under the provisions
of this chapter and shall be is a public corporation of the State of South Dakota.
Section 471. That § 46A-9-17 be amended to read as follows:
46A-9-17. All water user districts, created under the provisions of this chapter, and additions
thereto, and deletions therefrom to and deletions from the districts, established or purporting to be
established or adjusted prior to before July 1, 1978, pursuant to the provisions of this chapter and having
a de facto existence of at least one year, are hereby declared to be valid and legally created political
subdivisions of the state. The regularity and validity of the creation of such water user districts in existence
for one year or any boundary adjustments thereof shall of the districts is not be open to question in any
court in the state. All acts and proceedings of any water user district or of its board of directors, or both,
leading up to the authorization and execution of an existing contract between any water user district and
the United States of America, and all acts and proceedings of any water user district or of its board of
directors, or both, leading up to the issuance and deliverance of bonds of any water user district are
hereby legalized, ratified, confirmed, and declared valid to all intents and purposes. All existing contracts
and outstanding bonds are hereby legalized and declared to be valid and legal obligations of and against
the water user district executing or causing the execution of the same contracts or bonds. This section
shall does not apply to any suit or proceeding legally initiated prior to before July 1, 1978.
Section 472. That § 46A-9-20 be amended to read as follows:
46A-9-20. A water user district may be extended by including additional territory by filing in the
Department of Water Environment and Natural Resources a petition in writing, verified by the circulator
thereof of the petition, addressed to the department, signed by at least twenty-five percent of the
landowners or entrymen in any area to be included, and bearing the approval by resolution, of a majority
of the board of directors of such the water user district, upon compliance with the requirements
hereinafter set forth in this chapter. Such The petition shall contain a description of the lands to be
included.
Section 473. That § 46A-9-23 be amended to read as follows:
46A-9-23. Upon receipt of such the petition it shall be the duty of the Board of Water and Natural
Resources to shall act upon the petition in the same manner as required upon an original petition to create
a water user district, as set forth in §§ 46A-9-12 to 46A-9-16, inclusive, and § 46A-9-18.
Section 474. That § 46A-9-25 be amended to read as follows:
46A-9-25. The board of directors of the water user district shall fix the hour and place, within the boundaries of the district, of each election and shall preside at the
Section 475. That § 46A-9-27 be amended to read as follows:
46A-9-27.
election, a notice that such the election will be held and giving the purpose, time, and place.
Section 476. That § 46A-9-30 be amended to read as follows:
46A-9-30. No person shall be is qualified to hold office as a member of the board of directors of
any water user district unless he or she shall be the person is a landowner or entryman of such the district.
Section 477. That § 46A-9-39 be amended to read as follows:
46A-9-39. A water user district organized under the provisions of this chapter shall have has the
powers provided by §§ 46A-9-40, 46A-9-41, and §§ 46A-9-43 to 46A-9-45, inclusive, and shall be
entitled to may own, have, or exercise the rights, privileges, and franchises provided by said those
sections.
Section 478. That § 46A-9-40 be amended to read as follows:
46A-9-40. Such The water user district shall have has all the usual powers of a corporation for public
purposes, and. The district may acquire by purchase, gift, condemnation, or other lawful means and may
hold any real or personal property reasonably necessary for the conduct of its business, or may lease
such property for its proper purposes, and. The district may sell, lease, or otherwise dispose of such
property when if not needed by the district.
Section 479. That § 46A-9-41 be amended to read as follows:
46A-9-41. Such The water user district shall have the right and power to may own, construct,
reconstruct, improve, purchase, condemn, lease, receive by gift, or otherwise acquire, hold, extend,
manage, use, or operate any "works," as defined in this chapter, and any and every works and any kind
of property, personal or real, necessary, useful, or incident to such acquisition, extension, management,
use, and operation, and. The district may sell, mortgage, alienate, or otherwise dispose of such the works
or any part thereof of the works only under the terms and subject to the conditions provided in §§ 46A-9-69 to 46A-9-72, inclusive.
Section 480. That § 46A-9-44 be amended to read as follows:
46A-9-44.
Section 481. That § 46A-9-46 be amended to read as follows:
46A-9-46. In addition to any other rights and powers
Section 482. That § 46A-9-47 be amended to read as follows:
46A-9-47. The district
or private organization and said the district.
Section 483. That § 46A-9-49 be amended to read as follows:
46A-9-49. Any water user district organized hereunder shall have and under this chapter may
exercise any power conferred by this chapter for the purpose of obtaining grants or loans or both from
any federal agency pursuant to or by virtue of any and all acts of Congress independently or in
conjunction with any other power or powers conferred by this chapter, or heretofore or hereafter
conferred by any other law, and shall have power to. The district may accept from private owners or
other sources, gifts, deeds, or instruments of trust or title relating to land, water rights, and any other form
of property.
Section 484. That § 46A-9-50 be amended to read as follows:
46A-9-50. Such The water user district shall have power to may purchase and acquire lands, water
rights, rights-of-way, and real and personal properties of every nature in cooperation with the United
States under such conditions as may to the board seem the board deems advisable, and to. The district
may convey the same such rights and property under such conditions, terms, and restrictions as may be
approved by the board of directors and the federal government or any of its agencies and to. The district
may pay the purchase price and any and all construction costs or other necessary expenses and costs
in connection with any works contemplated by this chapter either from its own funds or cooperatively
with the federal government.
Section 485. That § 46A-9-61 be amended to read as follows:
46A-9-61. The board of directors is hereby authorized and empowered, subject to the provisions
of this chapter, to may fix and establish the prices, rates, and charges at which any and all the resources
and facilities made available under the provisions of this chapter shall be sold and disposed of; to enter
into any and all. The board may enter into any contracts and agreements, and to do any and all things
which do anything that in its judgment are is necessary, convenient, or expedient for the accomplishment
of any and all of the purposes and objects of this chapter, under such general regulations and upon such
terms, limitations, and conditions as it shall prescribe; and it is and shall be the duty of the board to. The
board shall enter into such contracts and fix and establish such prices, rates, and charges so as to provide
at all times funds which will be sufficient to pay all costs of operation and maintenance of any and all of
the works authorized by this chapter, together with necessary repairs thereto to such works, and which
will provide at all times sufficient funds to meet and pay the principal and interest of all bonds, warrants,
notes, debentures, and other evidences of indebtedness as they severally become due and payable;
provided, that. However, nothing contained in this chapter shall authorize authorizes any change,
alteration, or revision of any such rates, prices, or charges as established by any contract entered into
under authority of this chapter except as provided by any such the contract.
Section 486. That § 46A-9-70 be amended to read as follows:
46A-9-70. If, in the judgment of the board of directors, it is for in the best interest of the water user
district to sell any portion of the district works not needed for the performance of any outstanding
contract, and not mortgaged or hypothecated as provided for in § 46A-9-71, the board of directors shall
pass a resolution to that effect and shall submit the question to the Board of Water and Natural
Resources for approval. If the Board of Water and Natural Resources approves, the board of directors
shall call a special election at which the question of selling such the portion of the works shall be submitted
to the voters of the district qualified to vote for district directors. The board of directors shall mail to each
qualified voter, at his the voter's last known place of residence or place of business, a notice stating the
time, place, and purpose of the election, and so far as practicable shall conduct the election in all other
respects as provided in §§ 46A-9-25 to 46A-9-28, inclusive. If a majority of all qualified voters of the
district vote "yes" at such the election, the board of directors shall be authorized to sell such may sell the
portion of the works.
Section 487. That § 46A-9-71 be amended to read as follows:
46A-9-71. If, in order to borrow money from the federal government or from any of its agencies,
or from the State of South Dakota, it shall become becomes necessary that the water user district
mortgage or otherwise hypothecate any or all of its said property or assets to secure the payment of a
loan or loans made to it by or from such source or sources a source, the district is hereby authorized and
empowered to may mortgage or hypothecate such the property and assets for such purposes. Nothing
in this section contained shall prevent prevents the district from assigning, pledging, or otherwise
hypothecating its revenues, incomes, receipts, or profits to secure the payment of indebtedness to the
federal government or any federal agency thereof, or the State of South Dakota. Provided, however, that
However, the State of South Dakota shall may never pledge its credit or funds, or any part thereof of its
credit or funds, for the payment or settlement of any indebtedness or obligation whatsoever of any district
created under the provisions of this chapter; nor shall anything. Nothing in this chapter be construed as
authorizing authorizes any agency of the State of South Dakota to make loans to any such district, unless
such the agency is otherwise authorized by law to make such loans.
Section 488. That § 46A-9-73 be amended to read as follows:
46A-9-73. Any water user district organized under this chapter may be dissolved by authorization
of a majority vote of the voters, qualified to vote for district directors, voting thereon at a special election
called by the board of directors for that purpose, notice of which. Notice of the election shall be mailed
to each qualified voter at least twenty days prior to before the date of the election and the procedure for
which. The procedure for the election shall conform as nearly as may be to the procedure provided in
§§ 46A-9-25 to 46A-9-28, inclusive, for the election of directors; provided, such district shall. However,
the district may not at the time of such dissolution own property or rights or have outstanding any contract
or contracts or obligations of any kind.
Section 489. That § 46A-9-74 be amended to read as follows:
46A-9-74. Dissolution of such the water user district shall be completed upon resolution of the board
of directors canvassing the vote and declaring that a majority of the qualified voters voting thereon on the
question have voted in favor of dissolution. A verified copy of such the resolution shall be filed in the
office of the Department of Water Environment and Natural Resources and in the office of the county
auditor of each county in which any portion of the district shall lie lies.
Section 490. That § 46A-9-75 be amended to read as follows:
46A-9-75. In case of such dissolution, the Department of Environment and Natural Resources shall
cancel all applications for appropriation of water shall be, by the Department of Water and Natural
Resources of South Dakota, canceled, and all rights of the water user district therein and thereunder shall
thereupon cease and determine.
Section 491. That § 46A-9-77 be amended to read as follows:
46A-9-77. This chapter shall not be construed as repealing, limiting Nothing in this chapter repeals,
limits, or in any way affecting affects the provisions of chapters 46A-4 to 46A-7, inclusive, relating to the
organization and operation of irrigation districts, or as limiting. Nothing in this chapter limits in any way
the powers and functions of irrigation districts organized under such law, or as repealing, limiting, or
affecting chapters 46A-4 to 46A-7, inclusive, and nothing in this chapter repeals, limits, or affects the
provisions of any other laws of the State of South Dakota otherwise other than as specifically provided
herein, but shall be in addition to all other laws heretofore enacted in this chapter.
Section 492. That § 46A-10A-2 be amended to read as follows:
46A-10A-2. The board of county commissioners of each county may appoint a commission of three
or more members, the total membership of which shall always be an uneven number and at least one
member of which shall be a member of the board, to be known as the county drainage commission. If
a commission member resigns his or her position, is unable to fulfill the duties of his the position, or is
removed for cause under the provisions of § 46A-10A-3, the board shall appoint a new member to the
commission within thirty days. A commission may not conduct official business unless all memberships
on the commission are filled and unless a majority of the members are present at a meeting of the
commission. Administrative officials of the county may be appointed as ex officio members of the
commission, but shall have no vote in commission matters.
Section 493. That § 46A-10A-30 be amended to read as follows:
46A-10A-30. Any board or commission under the provisions of this chapter and chapter 46A-11
may adopt a permit system for drainage. Such The permit system shall be prospective in nature. Permits
shall be granted consistent with the principles outlined in § 46A-10A-20. The fee for a permit shall be
established by the permitting authority, based on the administrative costs of regulating drainage activities,
may not exceed one hundred dollars, and shall be paid only once. However, permitted drainage which
that is enlarged, rerouted, or otherwise modified shall require requires a new permit. Any vested drainage
right not recorded under the provisions of § 46A-10A-31 shall require requires a permit for its use if a
permit system has been established in the county where it exists. Any person or his the person's
contractor draining water without a permit, if a permit is required under the provisions of this section, is
guilty of a Class 1 misdemeanor. In addition to or in lieu of any criminal penalty, a court may assess
against any person violating the provisions of this section a civil penalty not to exceed one thousand
dollars per each day of violation. A permit system is an official control.
Section 494. That § 46A-10A-32 be amended to read as follows:
46A-10A-32. After a vested drainage right is recorded with a county register of deeds under the
provisions of § 46A-10A-31, the register of deeds shall transmit a copy of the registration to the
Department of Water Environment and Natural Resources.
Section 495. That § 46A-10A-38 be amended to read as follows:
46A-10A-38. An individual landowner may petition a board or commission to change the drainage
restrictions on all or any part of his the landowner's property. Such The petitioning landowner shall notify
all directly affected adjoining landowners and all directly affected third parties holding drainage interests
by registered or certified mail of the petitioned change at least one week prior to before any public
hearing held thereon on the petition by the board or commission. Property shall be considered as
adjoining even if it is separated from the property of the petitioner by a public road or highway.
Section 496. That § 46A-10A-56 be amended to read as follows:
46A-10A-56. All state public or school lands are subject to drainage laws. In any drainage
proceeding affecting such lands, notices required by law to be given by publication and posting shall be
served upon the commissioner of school and public lands at least thirty days prior to before the time of
the hearing. Such service may be made upon the commissioner in person, by service at his the
commissioner's office with the person in charge, or by registered or certified mail. If the land affected by
the drainage proposal is not under his control, he the commissioner's control, the commissioner shall
transmit a copy of the notice to the board or officer in charge of the land. The board or officer in charge
of the land or his authorized agent may appear at any such hearing or proceeding on behalf of the state.
Section 497. That § 46A-10A-60 be amended to read as follows:
46A-10A-60. A petition may be presented at any regular or special meeting of the board, and, if
proper in form, shall be ordered filed with the county auditor. It is the duty of the board to The board
shall act within thirty days on all drainage project petitions. Upon receiving a petition, the county auditor
shall transmit a copy to the Department of Water Environment and Natural Resources.
Section 498. That § 46A-10A-61 be amended to read as follows:
46A-10A-61. If the board determines it is necessary, it shall contract for a survey of the proposed drainage to be made by an engineer selected by the board. The survey and subsequent report shall show the starting point, the route, the terminus of any proposed ditch or drain or other improvement, and the course and length of any drain through each tract of land, together with the number of acres from each tract required for construction of improvements. The survey and report shall show the elevation of all lakes, ponds, and sloughs or depressions in the project and the boundary of the proposed project, to include all land that will be benefited by the proposed improvements. The survey and report shall include the approximate location of watersheds within the district, a description of each tract of land
Section 499. That § 46A-10A-64 be amended to read as follows:
46A-10A-64. If so requested, the Department of
Section 500. That § 46A-10A-70 be amended to read as follows:
46A-10A-70. Subject to any official controls pursuant to this chapter and chapter 46A-11, owners of land may drain the land in the general course of natural drainage by constructing open or covered drains and discharging the water into any natural watercourse, into any established watercourse, or into any natural depression whereby the water will be carried into a natural watercourse, into an established watercourse, or into a drain on a public highway, conditioned on consent of the board having supervision of the highway. If such drainage is wholly upon an owner's land,
Section 501. That § 46A-10A-97 be amended to read as follows:
46A-10A-97. If, on appeal, the court rules in favor of a board decision regarding a conflict between the appellant landowner and the board, the appellant landowner is liable for all costs associated with the appeal. If the contention of an appellant landowner is substantially sustained, costs associated with the appeal shall be included in the total costs of the project, but the appellant's costs
Section 502. That § 46A-10B-37 be amended to read as follows:
46A-10B-37. Each person who signs the petition for dissolution shall add to
STATE OF SOUTH DAKOTA )
) SS
COUNTY OF ________________ )
Subscribed and sworn to before me this __________ day of ______,
Section 503. That § 46A-11-16 be amended to read as follows:
46A-11-16. Any assessment against lands described in § 46A-10A-56 for construction of a drainage project shall be certified by the county auditor of the county in which the project is located to the board or officer having charge of the lands. If sufficient funds are under control of the officer or board from which payment of the assessment can be made, it shall be made. If sufficient funds are not available, the officer or board shall approve the assessment and certify it to the state auditor, who shall pay the assessment from money available for that purpose. If no money is available,
Section 504. That § 46A-11-20 be amended to read as follows:
46A-11-20. Any assessment made by a board upon land in another county shall be paid to the county treasurer of the county having charge of the project. If
Section 505. That § 46A-13-1 be amended to read as follows:
46A-13-1.
Dakota resident landowners, or the county commissioners of any affected county, may file a petition with
the clerk of the circuit court for the affected county requesting the formation of a drainage district as
provided in this chapter. The provisions of this section apply to any land bordering upon any body of
water or stream forming the boundary line between this state and any other state, or any land included
in a natural drainage basin along or extending across the boundary line of the state. For purposes of this
section, an affected county is a county that lies within or partly within such territory, and an affected
landowner is a South Dakota resident landowner who owns at least ten acres of such land as shown by
the records of the register of deeds and clerk of courts of the county in which the land is situated. If the
land is sold under a contract for deed, which is of record in the office of the register of deeds, both the
landowner and the individual purchaser of the land, as named in the contract for deed, shall be treated
as owners of the territory described in the petition.
Section 506. That § 46A-13-4 be amended to read as follows:
46A-13-4. After the formation of the drainage district as prescribed in §§ 46A-13-1 to 46A-13-3, inclusive, a governing commission of three members shall be chosen
three or more counties, such the governing board shall be chosen by the chairmen chairs of the boards
of county commissioners of such the counties meeting and acting jointly. It shall be the duty of the board
or The boards of county commissioners, or the chairmen of such chair of the boards, as the case may be,
shall promptly to meet and appoint the governing board of such the district.
Section 507. That § 46A-13-7 be amended to read as follows:
46A-13-7. Such The commissioners shall, within ten days after their appointment, meet at some
convenient place within the drainage district and elect one of their members as chairman chair. They shall
appoint the county auditor of one of the counties having territory included within such the district clerk
of such the commission, whose duties as such clerk shall be are to keep and preserve the records of such
the commission in his or her office and to act generally as the clerical officer of such the commission, and
thereafter. Thereafter, the office of such the county auditor shall be is the office of such the drainage
commission. The board of county commissioners of such the county shall provide such additional help
and facilities as may be necessary for the auditor to act as clerk of such the commission, and the cost
thereof. The cost of the additional help and facilities shall be ascertained by the commission, and included
as part of the cost of the drainage proceeding conducted by such the commission, and shall be collected
by the commission and repaid to such the county; and the. The filing of any petition, report, or document
with such the county auditor for all purposes of this chapter shall be is deemed a filing with such the
commission.
Section 508. That § 46A-13-9 be amended to read as follows:
46A-13-9. Whenever it shall become necessary or expedient in order to facilitate drainage into or
from any lake, pond, or other body of water, or any river, stream, or watercourse, which forms to any
extent a boundary line between this state and any other state, or when it shall become necessary in order
to control to any extent flood waters into, through, or from any such lake, pond, body of water, river,
stream, or watercourse, or in the interests of flood control to raise, lower, or otherwise affect the stage
or depth of water therein, or whenever it shall be necessary or expedient to drain land included within
a natural drainage basin lying along or extending across the boundary line of the state, by joint action with
the authorities of any adjoining state, which drainage or flood control shall cause benefits or damages to,
or otherwise affect property in this state and such other state, the commissioners of the drainage district,
including the territory abutting upon such boundary waters, shall have authority to join with and enter into
all necessary contracts or arrangements with the court, board, or tribunal of such adjoining state, having
power or authority relative to drainage matters in such state, including the right to raise, lower, or fix the
stage of water in such boundary waters, and also with the United States government by its authorized
authority for the joint establishment and construction of all necessary ditches, drains, canals, dikes, levees,
dams, locks, spillways, or other structures necessary to provide a proper watercourse, and provide for
the raising or lowering and establishment of the stage of water in any of such lakes, ponds, bodies of
water, rivers, streams, or watercourses, and the deepening, widening, and straightening of the channels
of any river, stream, or watercourse connected therewith, or for otherwise controlling by dikes or levees
the flow of water in such watercourse in such manner as may be found necessary to effectuate the
provisions of this chapter and for securing and providing the necessary drainage facilities and control of
flood waters into, through, and from such boundary waters and the rivers, streams, or ditches connected
therewith, and for properly draining any natural drainage basin lying along or extending across the
boundary line of the state. In order to carry out such contracts and arrangements such commissioners
shall have the authority to determine the damages and benefits which may result to property located within
their drainage district, to provide funds for the carrying out of such contracts and arrangements by special
assessment upon the property benefited according to the benefits received, as such authority is more
specifically provided for in this chapter. The commissioners of a drainage district formed pursuant to this
chapter may, if necessary or expedient to carry out the purposes of this chapter, enter into a contract or
agreement with the court, board, or tribunal of an adjoining state having authority relative to drainage
matters in that state, including the right to raise, lower, or fix the stage of water in boundary waters, or
with the United States government under its authorized authority. The contract or agreement shall be for
joint action with the adjoining state for drainage or flood control measures that cause benefits or damages
to, or otherwise affect, property in this state and the adjoining state. The provisions of this section apply
to any lake, pond, or other body of water, or any river, stream, or watercourse that forms to any extent
a boundary line between this state and any other state, and to any land included within a natural drainage
basin lying along or extending across the boundary line of the state. The contract or agreement may be
for the following purposes:
Section 509. That § 46A-13-10 be amended to read as follows:
46A-13-10.
in such adjoining state or states, having authority therein relative to drainage and control of flood waters,
for the appointment of one or more engineers to secure a joint survey of the territory affected by the
proposed improvement, with a view to the adoption of a joint plan for cooperation in supplying the
necessary and proper drainage of lands affected by such improvement, and impounding and controlling
flood waters therein and the outlet therefrom. In the selection of such engineers preference shall be given
to state engineers or engineers in charge of state drainage in the respective states. At least twenty-five
South Dakota resident owners of not less than ten acres of land each within an interstate drainage district
formed pursuant to this chapter, or the governing body of any county or municipality located within the
district that is likely to be affected by a proposed improvement, may file a petition with the district
commission setting forth the necessity for an improvement to be constructed by joint arrangement and
cooperation with the authorities of another state. The petition shall include a general description of the
proposed improvement. If the proposed improvement involves a ditch or watercourse, the petition shall
describe the starting point, the general route, and terminus, together with a description of the territory
likely to be affected. If the improvement involves the raising, lowering, or impounding of water in any
body of water or stream, the petition shall include a description of the body of water or watercourse and
the proposed changes to be made, and shall state the purpose for the changes and a description of the
land likely to be affected by the changes. The petition shall request the construction of any of the drainage
or flood control improvements referred to in this chapter.
adoption of a joint plan for cooperation in supplying the necessary drainage of lands affected by the
improvement, and impounding and controlling flood waters in and the outlet from the affected lands. In
selecting the engineers, preference shall be given to state engineers or engineers in charge of state
drainage in the respective states.
Section 510. That § 46A-13-12 be amended to read as follows:
46A-13-12.
Section 511. That § 46A-13-14 be amended to read as follows:
46A-13-14. Upon the filing of the report of the engineers appointed to make
state or states, and adopt such the joint plan for the construction of such the proposed improvement,
provided such commission shall determine that such if the commission determines that the plan is
practicable and for the best interests of the district. The order of such the commission determining such
the joint plan, together with a copy of such the plan, shall be made a record of such the commission.
Section 512. That § 46A-13-15 be amended to read as follows:
46A-13-15. Upon the adoption of such the joint plan, such the interstate drainage district
commission, together with the representatives of such any adjoining state or states, shall have full authority
to, may appoint a commission of viewers consisting of three disinterested persons, at least one of whom
shall be a citizen of this state, who shall be authorized in connection with such engineers to may examine
in detail the full improvement proposed and all property affected thereby, and who shall make such by
the proposed improvement. The commission of viewers shall report of their its findings, as the commission
of such the drainage district and the representatives of such any adjoining state or states shall require,
relative to all benefits and damages that will result from such the improvement, including. The report shall
address benefits and damages from the improvement affecting highways, railway companies, and
municipal corporations, and shall include a description of each piece of property and the name of each
company or corporation affected thereby, and which by the improvement. The report shall give the
amounts of benefits and damages that may result to such the property or corporations from the
construction of such the improvement, together with the estimated cost of such the improvement including
all damages and expenses connected therewith with the improvement, and the aggregate amount of
benefits that will result therefrom from the improvement.
Section 513. That § 46A-13-17 be amended to read as follows:
46A-13-17. Upon the filing of a copy of the viewers' report with the commission of such the drainage
district, such the commission and the proper representatives of such any adjoining state or states shall
agree upon the proportionate amount of the cost of such the improvement that shall be borne by the
property located within the respective states, which shall be according to the benefits received. For the
purpose of arriving at such determination such the determination of costs and benefits, the commission,
with or without the representatives of the any adjoining state or states, may hold such hearings as it deems
best, and from. From all the information obtained from the report of the viewers and from such the
hearings, the commission shall arrive at and agree with the representatives of such any adjoining state or
states upon the proportionate amount of the cost of the improvement which shall to be borne by the
property located within such the drainage district, and shall enter such the determination of record.
Section 514. That § 46A-13-23 be amended to read as follows:
46A-13-23. When If the drainage commission shall have has fully heard and considered such the
petition and the joint plan as adopted or modified and, the report of the engineers and viewers, and the
determination as to the proportion of cost to be borne by this state, and if it the commission finds the
proposed drainage improvement not conducive to the public health, convenience, or welfare, or not
needed or practicable for the purpose of draining agricultural lands, or that the proportion of the cost
thereof of the proposed improvement to be borne by this state will be greater than the benefits conferred,
it the commission shall deny the petition for such the drainage improvement, and the. The petitioners shall
be are jointly and severally liable for the cost and expenses of the proceeding thus far made and incurred
by the drainage commission, and the same to costs and expenses may be recovered in a civil action.
Section 515. That § 46A-13-32 be amended to read as follows:
46A-13-32. Upon If the funds necessary to complete such the improvement being are provided by
the proper authorities of each affected state affected, the commission in this state shall have authority to
may join with the court or tribunal of such other state or states affected any other affected state and, by
acting jointly or by a commission appointed by them the affected states for that purpose, to construct
such the drainage improvement, and to. The affected states or the commission may make all necessary
arrangements for the letting of a contract or contracts for the construction of the same, and to drainage
improvement and may advertise for bids for such the construction in accordance with the plans and
specifications which shall be reported and provided by the engineers appointed to make such joint
survey, such bids to the joint survey. The bids shall be received and opened at such a time and place as
shall be designated in such the notice, and the contracts to shall be let in such a manner as shall be
designated in such the notice. All or any portion of such the improvement may be contracted for
separately, and the contract shall contain such conditions and provisions as the respective authorities
acting jointly may require, and all. All provisions for the completion thereof of the improvement, the
supervision of the work, and the payment therefor for the work may be provided for by joint arrangement
between the representatives of the several states. The authorities of each state, however, shall be are
responsible only for the sums arranged to be furnished by assessment or otherwise within the limits of
such the state.
Section 516. That § 46A-13-33 be amended to read as follows:
46A-13-33. The maintenance and repair of any drainage improvement constructed by joint
arrangement with the authorities of any other state or states, under the provisions of this chapter, may be
provided for by joint arrangement with such other state or states the other state in the same manner as
such the drainage improvement was originally established and constructed, and all the provisions. Any
provision of this chapter relating to the construction of a drainage improvement by joint action shall apply
applies to the maintenance and repair of such the drainage improvement in case if action is taken therefor
for maintenance and repair under the provisions of this chapter. The drainage commission shall have
authority to may make assessments upon the property benefited, according to the benefit received, for
the proportionate share of the maintenance and repair of any drainage improvement when the same the
maintenance and repair is arranged for under the provisions of this chapter.
Section 517. That § 46A-13-34 be amended to read as follows:
46A-13-34. In the absence of such an arrangement for joint action, the repair and improvement of
any such drainage shall be treated as a drainage improvement within the state, and its repair and
maintenance within the limits of this state shall be provided for under and in accordance with the drainage
laws of this state, but such. The repair and maintenance shall be made by the drainage commission of
such the drainage district, and such the commission for the purpose of making such the repair and
maintenance shall exercise all the powers conferred upon it by this chapter in drainage matters and shall
have the authority to may make assessments for the repair and maintenance of such the improvement
within this state on the property benefited thereby as provided herein by the improvement as provided
in this chapter to raise money for the construction of such the improvement.
Section 518. That § 46A-13-35 be amended to read as follows:
46A-13-35. Any defect or irregularity not affecting the substantial rights of the parties interested,
occurring in any proceeding under this chapter, shall be disregarded in any action or proceeding seeking
to avoid any assessment or to cancel, annul, or declare void any proceeding had hereunder. In case held
under this chapter. If the defect is substantial, the court shall of its own motion determine the rights of the
parties, validate the proceeding, and assess the costs as justice may require, if such court shall find the
court finds cause for such the validation or such that the action should have been taken in the first instance
and all parties interested are before the court; and if. If for any reason an assessment is held void or set
aside, the court shall immediately make an order directing the reassessment of a proper sum, with interest,
against all property on which such the assessment is held invalid and upon filing such. Upon filing the
order with the drainage commission, reassessment shall be made and enforced in accordance with such
the order.
Section 519. That § 46A-13-36 be amended to read as follows:
46A-13-36. An appeal shall lie from any final order or determination of the drainage commission fixing damages occasioned by the making of
Section 520. That § 46A-14-3 be amended to read as follows:
46A-14-3. Conservation districts
Section 521. That § 46A-14-6 be amended to read as follows:
46A-14-6. The land ownerships embraced within a watershed district shall be contiguous
Section 522. That § 46A-14-30 be amended to read as follows:
46A-14-30. After creation of a watershed district, minor adjustments to the boundaries of the district may be made by the managers, without referendum,
Section 523. That § 46A-14-31 be amended to read as follows:
46A-14-31. A watershed district may annex additional areas,
Section 524. That § 46A-14-39 be amended to read as follows:
46A-14-39. Any vacancy in an unexpired term shall be filled by appointment within thirty days of the vacancy by the remaining managers. Any vacancy in an expired term for which no candidate's application has been filed pursuant to § 46A-14-38 shall be filled by appointment within thirty days of the election by the remaining managers. An appointed manager shall hold office for the remainder of the term for which he or she has been appointed.
Section 525. That § 46A-14-45 be amended to read as follows:
46A-14-45. Vested water rights, as defined by §§ 46-1-9 and 46-1-10,
Section 526. That § 46A-14-49 be amended to read as follows:
46A-14-49. The Board of Water and Natural Resources is hereby designated the state agency to act on behalf of the State of South Dakota with respect to watershed projects in order to fulfill the provisions of the Federal Watershed and Flood Prevention Act (P. L. 566, 83rd Congress), as amended to January 1, 2011.
Section 527. That § 46A-14-55 be amended to read as follows:
46A-14-55. No construction or related commitments requiring district payments
demonstrate the works proposed for construction and the benefits to accrue therefrom, shall from the
proposed works and have conducted a referendum in accordance with this chapter and a favorable vote,
consisting of in which at least sixty percent of the landowners voting shall have specified approval of such
in the referendum vote in favor of the tax levy, bond issue, or other permissible financing arrangement.
Section 528. That § 46A-14-60 be amended to read as follows:
46A-14-60. When adopting a financing plan or levying taxes to cover the estimated costs of district
business, as provided in §§ 46A-14-51 and 46A-14-54 to 46A-14-59, inclusive, no annual general tax
levy against landowner's taxable land and buildings within the district shall may exceed the amount that
can be collected by a one-mill levy. This limitation shall does not apply to special assessments nor to
assessments required to meet payments, including interest, on district bonds.
Section 529. That § 46A-14-63 be amended to read as follows:
46A-14-63. Following a favorable vote by the voters as provided in § 46A-14-55 and in anticipation
of tax or special assessment collections, the managers may issue no-fund warrants to pay district
obligations, provided, that. However, the outstanding amounts of such the no-fund warrants shall may
not exceed the product of two mills times the assessed valuation of the landowner's taxable land and
buildings within the district.
Section 530. That § 46A-14-64 be amended to read as follows:
46A-14-64. If a bond issue or other authorized long-term financing arrangement is authorized by the
voters of the district, the managers shall immediately cause a written notice to be mailed to the owner or
owners of each tract of land assessed of the amount of said assessment, which the assessment. The notice
shall state that if said the amount is not paid in full within thirty days after the date of the notice, bonds will
be issued or payment contracts negotiated and that an assessment will be levied annually against the tract
of ground for a period of not to exceed fifty years in an amount sufficient to pay said the total assessment
plus the interest due on said the bonds. No suit to set aside said the assessment shall may be brought after
the expiration of thirty days from the date of said the notice. The amount levied against each tract of land
to pay for the bonds, or contract commitments, falling due each year and the interest thereon on the
bonds or contract commitments, shall be levied, certified to the proper county auditor, and collected the
same as other taxes.
Section 531. That § 46A-14-69 be amended to read as follows:
46A-14-69. Tax or special assessment levies in amount sufficient to cover the budgeted operation
and maintenance expense shall be included by the managers in their tax assessment list as provided in
§ 46A-14-58, provided that such if the levies do not exceed the limitations specified in this chapter or
do not exceed the amounts of taxes or special assessments voted favorably by the voters of the district.
Section 532. That § 46A-14-70 be amended to read as follows:
46A-14-70. On or before the first day of August in each year, the managers shall certify to the
county auditor of the county in which the land is located, all taxes and assessments against the
landowners' lands and buildings in the district. Extension of the same taxes and assessments upon the tax
and assessment lists shall be made as specified in § 46A-14-58 and the same. The taxes and assessments
shall be collected in the same manner as other county taxes and assessments, these funds to and shall be
deposited with the secretary-treasurer of the watershed district, who shall place them in the depository
designated by the managers and. The taxes and assessments shall be disbursed according to § 46A-14-75.
Section 533. That § 46A-14-73 be amended to read as follows:
46A-14-73. The managers shall have the right and authority to may enter into contracts or other
arrangements with any agency of the United States government or any department thereof,; with persons,
railroads, or other corporation, corporations; with public and municipal corporations and the state
government of this state,; or with drainage, soil and water conservation, conservancy, sewer, park,
sanitary, reclamation, public power, public power and irrigation, watershed, or other improvement
districts, in this or other states, for cooperation, or assistance in constructing, maintaining, using, and
operating the works of the districts, the waters thereof of the districts, or in minimizing or preventing
damage to the properties, works, and improvements of the districts from soil erosion; or for making
surveys and investigations or reports thereon, provided that on the surveys and investigations. However
no contract or agreement which that will require the levy of increased taxes or assessments shall may be
signed by the managers without submitting the increased taxes or assessments to the voters of the
watershed district for approval.
Section 534. That § 46A-14-75 be amended to read as follows:
46A-14-75. All claims against watershed districts shall be paid by warrants or orders drawn on the
district secretary-treasurer, signed by the chairman chair of the district and countersigned by its
secretary-treasurer. When warrants or orders have been issued and delivered, they may be presented
to the treasurer of the watershed district. If necessary, he the treasurer shall endorse them "not paid for
want of funds." These orders or warrants shall be registered by the secretary-treasurer in order of
presentation, and shall draw interest per year at a rate negotiated by the parties from the date of
registration. They shall be registered by the district secretary-treasurer in anticipated receipt of watershed
district taxes or assessments due the district.
Section 535. That § 46A-15-2 be amended to read as follows:
46A-15-2. The Governor is authorized to may use such funds as have heretofore or may hereafter
be funds appropriated by the Legislature or which may be received from any other source for such
specific purpose in carrying out the provisions and intent of § 46A-15-1. Such The funds shall be
disbursed by warrant of the state auditor upon the state treasurer upon vouchers approved by the
Governor.
Section 536. That § 46A-15-4 be amended to read as follows:
46A-15-4. The county commissioners of the several counties of the State of South Dakota any
county bordering the Missouri River may, upon an affirmative vote of the qualified voters of said the
county, expend money for the purpose of improving navigation on the said river where said the river
borders on any of said counties, the funds to the county. The funds shall be expended in conjunction with
appropriations made by the United States government in proportionate amounts as may be agreed upon
by the county boards board of commissioners and the chief of engineers of the United States Army for
the purpose of aiding in the securing of a permanent navigable channel in said the river; the said funds to
be expended by the chief of engineers of the United States Army. The funds shall be expended in
accordance with plans conforming to the character and approved methods of improvement of said the
river as now or may hereafter be determined upon by the chief of engineers of the United States Army.
Section 537. That § 46A-16-4 be amended to read as follows:
46A-16-4.
Section 538. That § 46A-16-5 be amended to read as follows:
46A-16-5.
such orders concerning the same water level and plan of regulation as in the opinion of the commission
are for the best interests of the public.
Section 539. That § 46A-16-7 be amended to read as follows:
46A-16-7. The South Dakota-Minnesota Boundary Waters Commission shall have power and
authority to make such orders as may be may make orders necessary to further the purposes of this
chapter.
Section 540. That § 46A-16-11 be amended to read as follows:
46A-16-11. The South Dakota-Minnesota Boundary Waters Commission shall may not incur any
obligation for expenses except after an adequate legislative appropriation.
Section 541. That § 46A-16-12 be amended to read as follows:
46A-16-12. The State Game, Fish and Parks Commission of the State of South Dakota is hereby
authorized and empowered to may participate with the Department of Conservation of the state of
Minnesota in the construction of such artificial controls as may be deemed necessary to maintain the most
desirable and beneficial levels of boundary waters as determined by the South Dakota-Minnesota
Boundary Waters Commission, and upon such determination, said. The Game, Fish and Parks
Commission may expend funds for such that purpose.
Section 542. That § 46A-18-68 be amended to read as follows:
46A-18-68. All claims against water project districts shall be paid by warrants or orders drawn on
the district secretary-treasurer, signed by the chairman chair of the district, and countersigned by its
secretary-treasurer. When If warrants or orders have been issued and delivered, they may be presented
to the secretary-treasurer of the district. If necessary, he the secretary-treasurer shall endorse them "not
paid for want of funds." These orders or warrants shall be registered by the secretary-treasurer in order
of presentation and shall draw interest annually at a rate negotiated by the parties from the date of
registration. They shall be registered by the district secretary-treasurer in anticipated receipt of water project district taxes or assessments due the district.
