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SB 116 remove any reference to land ownership being a requirement for ...
State of South Dakota  
NINETY-FIRST SESSION
LEGISLATIVE ASSEMBLY, 2016  

219X0464   SENATE BILL   NO.  116  

Introduced by:    Senators Rusch, Hunhoff (Bernie), Novstrup (David), Omdahl, Peterson (Jim), Rampelberg, Tidemann, and Vehle and Representatives Ring, Bartling, Duvall, Hawley, Jensen (Alex), Kirschman, Rasmussen, Schoenbeck, Solum, and Wiik
 

        FOR AN ACT ENTITLED, An Act to remove any reference to land ownership being a requirement for participation in any actions pertaining to the creation of or withdrawal from a water development district.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That § 46A-3A-8 be amended to read:
    46A-3A-8. Fifteen percent of the owners of real property residents and voters in a geographical area, as shown by the records in the offices of the register of deeds of the county wherein the real property is situated, may petition the Board of Water and Natural Resources to submit to an election the question of whether 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 the land is situated, both the landowner and the landowner's individual purchaser of the land, as named in the contract for deed, shall be treated as owners of real property.
    Section 2. That § 46A-3A-14 be amended to read:
    46A-3A-14. If in some, but not all of the election districts within a proposed water development district, sixty percent or more of the votes cast are in favor of the formation of the water development district, the Board of Water and Natural Resources shall by resolution establish a water development district consisting of only those election districts wherein the requisite vote approving the formation of a water development district was cast. In the event of the creation of such a water development district, any of the election districts may withdraw from the water development district by filing with the board within sixty days thereafter, a petition requesting such withdrawal, signed by fifteen percent of the owners of land residents and voters in such the election district. The petition shall contain the same information with respect to the signers and be verified in the same manner as in the case of a petition to establish a water development district. The question of whether an election district shall withdraw shall be referred to the voters of such the election district at the next general election, the procedure to be is the same as required to establish a water development district.
    Section 3. That § 46A-3B-9 be amended to read:
    46A-3B-9. Directors shall take office on the first day of January of the year following their election, or not later than sixty days after election in the case of a special election. Vacancies that may occur on the water development district board of directors by reason of death, disability, failure to be a resident and property owner voter, resignation, or other cause pursuant to § 3-4-1, or upon expiration of term of office if no qualifying petitions have been filed or if no successor has qualified for the office, unless otherwise provided in chapters 46A-3A to 46A-3E, inclusive, shall be declared to exist and shall be filled by elective action of the remaining directors from candidates proposed by nominating petitions signed by at least twenty-five eligible voters in the director area for which a vacancy exists.