TITLE 46A
WATER MANAGEMENT
Chapter
01 State Water Resources Management
02 South Dakota Conservancy District
03 Subdistricts Of South Dakota Conservancy District [Repealed]
03A Water Development Districts--Establishment
03B Water Development Districts--Board Of Directors
03C Water Development Districts--Dissolution
03D Water Development Districts--Powers And Duties
03E Water Development Districts--Tax Levies And Special Assessments
04 Organization, Boundaries And Dissolution Of Irrigation Districts
05 Irrigation District Projects And Operations
06 Irrigation District Contracts And Financing
07 Irrigation District Assessments And Levies
07A Cendak Irrigation District [Repealed]
08 Water Users' Associations
09 Water User Districts
10 Intrastate Drainage Projects [Repealed]
10A County Drainage
10B Drainage Basin Utility Districts
11 Drainage Assessments And Bonds
11A Mediation Of Drainage Disputes
12 Trustee Management Of Drainage Districts [Repealed]
13 Interstate Drainage Districts
14 Watershed Districts
15 Missouri River Development
16 Minnesota Boundary Waters
17 Belle Fourche River Compact
18 Water Project Districts
19 River Basin Natural Resource Districts [Repealed]
CHAPTER 46A-1
STATE WATER RESOURCES MANAGEMENT
46A-1-1 Legislative findings and policy.
46A-1-2 Legislative purpose for state water plan--Composition of plan.
46A-1-2.1 Legislative findings--Water resources projects.
46A-1-2.2 46A-1-2.2. Repealed by SL 1994, ch 346, § 14
46A-1-2.3 Previous designations of projects superseded.
46A-1-2.10 46A-1-2.10. Executed
46A-1-2.11 46A-1-2.11. Executed
46A-1-2.12 46A-1-2.12. Executed
46A-1-2.13 46A-1-2.13. Executed
46A-1-2.14 46A-1-2.14. Executed
46A-1-3 Definition of terms.
46A-1-4 Water rights not affected by chapter.
46A-1-5 46A-1-5. Repealed by SL 2011, ch 165, § 286.
46A-1-7 Establishment of state policy on water facilities--Recommended comments on federal policy.
46A-1-8 Resolution of conflicting interests.
46A-1-9 46A-1-9. Repealed by SL 2015, ch 192, § 3.
46A-1-10 Recommendations to Governor and Legislature as to facilities needed in water resources management system.
46A-1-11 Estimates of costs and revenues from proposed water facilities--Requests for legislative authorization of construction.
46A-1-12 Allocation of benefits and costs among governmental and private interests--Determination of priorities.
46A-1-13 Presentation of cost data to Governor and Legislature--Requests for financing authorization.
46A-1-13.1 46A-1-13.1. Repealed by SL 2013, ch 166, § 99.
46A-1-13.2 Authorization of Belle Fourche irrigation rehabilitation project--Financial assistance limited.
46A-1-13.3 46A-1-13.3. Repealed by SL 2013, ch 166, § 113.
46A-1-13.4 Authorization of Mni Wiconi rural system--Loans--Accrual of interest.
46A-1-13.5 46A-1-13.5. Repealed by SL 2013, ch 166, § 114.
46A-1-13.6 Authorization of Lake Andes-Wagner/Marty II Irrigation Project--Research demonstration project required--Loans authorized--Indian lands exempted from payments.
46A-1-13.7 Sioux Falls Flood Control Project authorized.
46A-1-13.8 Black Hills Water Management Project and Black Hills Hydrology Study authorized.
46A-1-13.9 46A-1-13.9. Repealed by SL 2013, ch 166, § 115.
46A-1-13.10 Lewis and Clark Rural Water System authorized.
46A-1-13.11 Southern Black Hills Water System authorized.
46A-1-13.12 Belle Fourche irrigation upgrade project authorized.
46A-1-14 Annual report of activities of board--Contents.
46A-1-15 Consideration of wild, scenic, and recreational rivers.
46A-1-16 46A-1-16. Repealed by SL 2015, ch 192, § 4.
46A-1-17 Borrowing on interim notes--Expenses paid and loans made from proceeds--Issuance of notes.
46A-1-18 Loan of interim note proceeds to public entity or person for project that state or federal agency is committed to finance--Notes issued prior to financing arrangement.
46A-1-19 Interim financing--Proper authority required.
46A-1-20 Interim financing--Independent review of feasibility of project.
46A-1-21 Interim financing--Proceeds pledged as security--Assignment to district of rights to proceeds.
46A-1-22 Terms of interim notes.
46A-1-23 Security for interim notes.
46A-1-24 Additional covenants and conditions to secure interim notes.
46A-1-25 Registration of interim notes--Interest payment--Redemption prior to maturity.
46A-1-26 Execution and attestation of interim notes--Sale.
46A-1-27 Bond provisions applicable to interim financing.
46A-1-28 Payment of interim notes on issue of revenue bonds.
46A-1-29 Plan for project financing to be submitted to Legislature--Authorization for bond issuance--Amount of bonds.
46A-1-30 Purposes for bond issuance.
46A-1-31 Bond issuance to finance or refinance statewide water plan projects--Bond issuance to purchase or finance loans by United States Department of Agriculture or to fund revolving fund programs under Clean Water Act or Safe Drinking Water Act.
46A-1-32 Terms of bonds.
46A-1-33 Pledge of revenues to secure payment of bonds.
46A-1-33.1 District may contract to manage payment or interest rate risk for bonds.
46A-1-34 46A-1-34, 46A-1-35. Repealed by SL 2006, ch 2, §§ 33, 34.
46A-1-35 46A-1-35. Repealed by SL 2006, ch 2, § 34.
46A-1-36 Covenant to collect revenues sufficient for retirement of bonds.
46A-1-37 Covenant against alienation or encumbrance of projects while bonds outstanding.
46A-1-38 Covenants as to management of project and accounting for funds.
46A-1-39 Trust agreements.
46A-1-40 Additional covenants to secure bonds or make them more marketable.
46A-1-41 State general obligation not to be created.
46A-1-42 Bonds not a state obligation--Payment restricted to revenues.
46A-1-43 Recording not required for bond protection.
46A-1-44 Validity of bonds not dependent upon signing officers remaining in office or regularity of proceedings.
46A-1-45 Sale of bonds--Procedure and price.
46A-1-46 Negotiability of bonds.
46A-1-47 Bonds as legal investments for fiduciaries and financial institutions.
46A-1-48 Bond and note proceeds--Payment into state treasury not required.
46A-1-49 Financing agreements to lend bond proceeds--Board resolution.
46A-1-50 Financing agreements--Provisions to provide for and secure repayment of bonds and loan.
46A-1-51 Financing agreements--Proper authority required.
46A-1-52 Financing agreements--Independent review of feasibility of project.
46A-1-53 Agreement as to custody and disposition of moneys.
46A-1-54 Remedies of bondholders.
46A-1-55 Persons executing district notes or bonds not subject to personal liability.
46A-1-56 Refunding bonds authorized for matured obligations.
46A-1-57 Sale of refunding bonds for matured obligations--Application of proceeds--Cancellation of instruments paid.
46A-1-58 Refunding bonds authorized for unmatured obligations.
46A-1-59 Sale of refunding bonds for unmatured obligations--Use of proceeds.
46A-1-60 Water and environment fund--Establishment--Moneys in fund.
46A-1-60.1 Water pollution control revolving fund program and state drinking water revolving fund program established--Program subfunds created--Deposits into subfunds and use thereof.
46A-1-60.2 Disbursements from and administration of water pollution control revolving fund program and state drinking water revolving fund program--Sections 46A-1-61 to 46A-1-69 inapplicable.
46A-1-60.3 Rules for selection of projects to receive funds from water pollution control revolving fund program and state drinking water revolving fund program and administration of same.
46A-1-60.4 46A-1-60.4, 46A-1-60.5. Executed
46A-1-61 Authorization required for disbursements from fund--Form of appropriation from fund--Limit on grants.
46A-1-62 Disbursements from capital projects fund.
46A-1-63 Energy industry use funds deposit--Deposit of funds recovered through lawsuit or settlement.
46A-1-63.1 Consolidated water facilities construction program--Disbursements.
46A-1-63.2 46A-1-63.2, 46A-1-63.3. Expired
46A-1-64 Limit on loans or grants to projects in water facilities plan--Security for loans.
46A-1-65 Criteria for selection of projects to receive loans or grants--Regulation of loans or grants.
46A-1-66 Interest on loans.
46A-1-67 Term of loans--Capitalization and refinancing of loans for purposes other than construction.
46A-1-67.1 Repayment of loan may be deferred until execution of contract for project construction.
46A-1-68 Loan terms set by Legislature.
46A-1-68.1 Deposit of money received from fund.
46A-1-69 Suspension of annual installment due on loan for irrigation project.
46A-1-70 Financial reporting of projects--Auditing.
46A-1-71 Legislative findings regarding need for program of statewide water development and financing.
46A-1-72 Pipeline or aqueduct construction authorized--Use of water.
46A-1-73 Financing of pipelines or aqueducts--Bonds--Loans.
46A-1-74 46A-1-74. Repealed by SL 2004, ch 274, § 3
46A-1-75 46A-1-75 to 46A-1-77. Repealed by SL 1986, ch 291, §§ 34 to 36
46A-1-78 Moratorium on Oahe project construction as public policy of state--Study of alternate projects--Negotiation of settlement for land losses.
46A-1-79 46A-1-79. Transferred to § 46A-1-63.1
46A-1-80 46A-1-80. Repealed by SL 2006, ch 2, § 36.
46A-1-80.1 Ownership of dredges and money transferred to South Dakota Lakes and Streams Association--Reversion.
46A-1-81 Amount of funds required for dredge maintenance and repair and other expenses.
46A-1-82 Environment and water resources trust fund established--Subfund.
46A-1-82.1 46A-1-82.1. Repealed by SL 1996, ch 47, § 8
46A-1-83 State solid waste management program established.
46A-1-83.1 46A-1-83.1. Repealed by SL 1995, ch 251, § 19A
46A-1-83.2 Expenditure of fees deposited in environment and water resources trust fund--Access to fund--Appropriation.
46A-1-83.3 46A-1-83.3. Executed
46A-1-84 Adoption of rules to award financial assistance to sponsors of solid waste management projects--Purpose and preference of awards.
46A-1-85 46A-1-85, 46A-1-85.1. Repealed by SL 2005, ch 237, §§ 14, 15.
46A-1-87 46A-1-87. Repealed by SL 1997, ch 208, § 2
46A-1-88 Conversion of study loans to grants.
46A-1-89 46A-1-89. Repealed by SL 2005, ch 237, § 16.
46A-1-90 46A-1-90. Repealed by SL 2013, ch 166, § 116.
46A-1-91 Financial assistance for recycling and processing facilities for waste tires.
46A-1-92 Legislative findings and authorization of certain water development projects.
46A-1-93 Priority in administration of funds.
46A-1-94 Perkins County rural water system.
46A-1-95 Clean lakes program, nonpoint source program, water quality monitoring program, and wetland grant program established.
46A-1-96 Special purpose water district loan program established--Funding.
46A-1-97 Board authorized to contract for financial services.
46A-1-98 Confidentiality of trade secrets or commercial or financial information received by board or department.
46A-1-99 Additional financial assistance for solid waste management and recycling facilities.
46A-1-100 Definition of terms.
46A-1-101 State brownfields revitalization and economic development program established--Subfunds created--Deposit and use of money.
46A-1-102 Disbursement and administration of money from subfunds--Rules--Application of provisions.
46A-1-103 Promulgation of rules by board--Content.
46A-1-104 Continuous appropriation of brownfields revitalization and economic development program subfunds--Purpose.
46A-1-105 Establishment of brownfields program by eligible entity.
46A-1-106 Powers of eligible entity establishing brownfields program.
CHAPTER 46A-2
SOUTH DAKOTA CONSERVANCY DISTRICT
46A-2-1 Creation of South Dakota Conservancy District--Boundaries--Powers.
46A-2-2 Purposes for which district created.
46A-2-3 Intent to relate financing of water resources projects to degree of benefits received.
46A-2-4 Definition of terms.
46A-2-5 Board of directors abolished--Performance of functions.
46A-2-6 Offices of district.
46A-2-7 Quorum of board--Actions on notes or bonds.
46A-2-8 Rules--Delegation of authority by board.
46A-2-9 46A-2-9, 46A-2-10. Repealed by SL 2013, ch 166, §§ 117, 118.
46A-2-11 Board may sue and be sued.
46A-2-12 Legal adviser of board--Cooperation of state agencies at request of board.
46A-2-13 Coordination of water resources project activities.
46A-2-14 Acquisition and disposition of property necessary for water resources projects--Use by local project sponsors.
46A-2-15 Powers of district with respect to project owned and operated by district or regulated public water utility.
46A-2-16 Leverage lease agreements by board--District as lender and lessee--Sublease of equipment.
46A-2-17 Eminent domain--Exercise of power by board.
46A-2-18 Acquisition of water rights by district--Rights to appropriate water for energy industry use.
46A-2-19 Transfer of water rights or permits to appropriate water for energy industry use--Contract provisions.
46A-2-20 Resource development works, construction, operation and maintenance--Exercising powers in water development districts.
46A-2-21 Interim financing--Eminent domain power--Limitation.
46A-2-22 Contract for payment of services or performance of work--Board as party--Amount limited to annual appropriation.
46A-2-23 Construction of water facilities--Prior approval of water resources project plans.
46A-2-24 Cooperation with other agencies in development of water resources projects.
46A-2-25 Acceptance of assistance to aid and promote water resources projects.
46A-2-26 Cooperation and performance of obligations entered into with United States for water resources projects.
46A-2-27 46A-2-27. Repealed by SL 1987, ch 29, § 58
46A-2-28 Federal contracts for multi-purpose projects--Mandatory contract terms.
46A-2-29 Federal contracts for multi-purpose projects--Approval of contract provisions.
46A-2-30 Federal loans contracted by district.
46A-2-31 Contracts with United States for marketing federal water service--State interests not prejudiced--Purpose--Recommendation to Legislature.
46A-2-32 46A-2-32. Repealed by SL 1984 (SS), ch 1, § 62
46A-2-33 Repealed
46A-2-34 Generation and sale of hydroelectric power authorized.
46A-2-35 Appropriations to accomplish duties of district--Request to state Legislature.
46A-2-36 Powers granted to district and water development districts--Construction.
46A-2-37 Construction of conservancy district law--Supplementary to laws governing water management board--Laws relating to irrigation, conservancy, drainage, soil conservation, or watershed districts unaffected.
46A-2-38 Areas outside development districts.
CHAPTER 46A-3A
WATER DEVELOPMENT DISTRICTS--ESTABLISHMENT
46A-3A-1 Establishment of districts--Procedure--Political subdivision status.
46A-3A-1.1 Districts to promote conservation, development and management of resources--Serve as clearinghouse for water quality and supply projects.
46A-3A-2 Central Plains district.
46A-3A-3 East Dakota Water Development District.
46A-3A-4 James River district.
46A-3A-5 South Central district.
46A-3A-6 West Dakota district.
46A-3A-7 West River district.
46A-3A-7.1 Vermillion Basin District.
46A-3A-8 Petition for election on establishment of district.
46A-3A-9 Contents and form of petition.
46A-3A-10 Approval of petition--Referral to election.
46A-3A-11 Ballots on establishment.
46A-3A-12 Conduct of election.
46A-3A-13 Separate districts for election--Vote required.
46A-3A-14 Approval by only some of election districts--Effect--Withdrawal from district.
46A-3A-15 Resolution creating district--Filing.
46A-3A-16 Additions and withdrawals of territory.
46A-3A-17 Costs of elections.
CHAPTER 46A-3B
WATER DEVELOPMENT DISTRICTS--BOARD OF DIRECTORS
46A-3B-1 Initial board of directors--Election--Terms.
46A-3B-2 Number of directors--Qualifications.
46A-3B-2.1 Directors to continue in office following realignment of district.
46A-3B-3 Adjusting number of directors--Redistricting--Temporary positions.
46A-3B-4 Nomination of director candidates.
46A-3B-5 Certification of nominating petitions--Ballots--Primary election.
46A-3B-6 Run-off elections for initial directors.
46A-3B-7 Notices of elections.
46A-3B-8 Certification of election.
46A-3B-9 Commencement of directors' terms--Vacancies.
46A-3B-10 Directors to provide for compensation and reimbursement of board members.
46A-3B-11 Officers of board of directors.
46A-3B-12 Quorum of board of directors.
46A-3B-13 Directors of Central Plains, East Dakota, James River, and South Central districts.
46A-3C-1
Election of dissolution of district--Vote required--Petition.
46A-3C-2
Form of petition for dissolution.
46A-3C-3
Approval of petition--Referral to election.
46A-3C-4
Vote required for dissolution--Period in which another election prohibited--Costs.
46A-3C-5
Exercising powers of dissolved district to satisfy obligations.
46A-3C-6
Elections--Conduct.
CHAPTER 46A-3D
WATER DEVELOPMENT DISTRICTS--POWERS AND DUTIES
46A-3D-1 Office of district--Employees.
46A-3D-2 Group insurance for employees.
46A-3D-3 Records required of districts--Public inspection.
46A-3D-4 Audit--Annual report--Auditor-general authority.
46A-3D-5 Actions by and against boards of directors.
46A-3D-6 Contracting power of boards.
46A-3D-7 Insurance authorized.
46A-3D-8 Property acquisition and disposition.
46A-3D-9 Eminent domain.
46A-3D-10 Acceptance of funds, property, and services.
46A-3D-11 Designation of legal newspapers.
46A-3D-12 Accumulation of capital reserve fund.
46A-3D-13 Federal wildlife mitigation requirements.
46A-3D-14 46A-3D-14, 46A-3D-15. Repealed by SL 1996, ch 265, §§ 16, 17.
46A-3D-16 46A-3D-16. Repealed by SL 1987, ch 29, § 61.
46A-3D-17 46A-3D-17, 46A-3D-18. Repealed by SL 1996, ch 265, §§ 18, 19.
CHAPTER 46A-3E
WATER DEVELOPMENT DISTRICTS--TAX LEVIES AND SPECIAL ASSESSMENTS
46A-3E-1 Tax levies.
46A-3E-2 Special assessments.
46A-3E-3 Contractual agreement of landowner for special assessment.
46A-3E-4 Hearing on special assessment--Notice--Resolution of intent.
46A-3E-5 Notice of resolution of intent to specially assess.
46A-3E-6 Effective date of assessment in absence of protest--Form of protest.
46A-3E-7 Contract required for district participation in project--Approval.
46A-3E-8 Levies and assessments to cover obligations--Restrictions on obligations.
46A-3E-9 Collection of levies and assessments--Deposit of proceeds--Disbursement--Assurance of payment of contract obligations.
46A-3E-10 Budgets--Annual report--Hearing--Notice--Adoption.
46A-3E-11 Apportionment of tax levy--Form of levy.
46A-3E-12 Certification of levy to tax officials.
46A-3E-13 Extension of levy.
46A-3E-14 Collection of taxes and assessments--Payment--Deposit.
46A-3E-15 Deposit and disbursement of collections.
CHAPTER 46A-4
ORGANIZATION, BOUNDARIES AND DISSOLUTION OF IRRIGATION DISTRICTS
46A-4-1 Creation of irrigation district--Filing petition--Number of electors required.
46A-4-2 Elector defined.
46A-4-3 Petition to organize irrigation district--Number of signers--Boundaries to be described--Request for organization.
46A-4-3.1 Petition--Signing by electors--Form--Affidavit of circulator.
46A-4-4 Petition for formation of irrigation district--Map of proposed district to accompany, contents.
46A-4-4.1 Notice of hearing to consider petition--Publication--Contents--Approval of petition--Fixing date for election.
46A-4-5 46A-4-5 to 46A-4-7. Repealed by SL 1984, ch 294, §§ 7 to 9
46A-4-8 Inclusion in irrigation district of lands capable of being irrigated from works in proposed district.
46A-4-9 Ditches or canals constructed before July 1, 1917, and lands watered by them--Exemption--Rights of ditches already constructed.
46A-4-10 Holding or taxing nonirrigable land for irrigation purposes.
46A-4-11 46A-4-11. Repealed by SL 1984, ch 294, § 11
46A-4-12 Change in proposed boundaries by board--Exclusion of certain lands from district.
46A-4-13 46A-4-13. Repealed by SL 1984, ch 294, § 13
46A-4-14 District divided into divisions by board--Size and number--Election of directors--Terms--Assessment of property within district.
46A-4-14.1 Division representing tribal or trust lands--Excepted from chapter.
46A-4-15 Notice of election on proposed district--Date of election--Contents of notice--Publication--Ballot form.
46A-4-15.1 46A-4-15.1, 46A-4-16. Repealed by SL 1998, ch 36, §§ 52, 53
46A-4-17 Persons qualified to vote at elections.
46A-4-18 Corporate ownership of lands within proposed or existing irrigation districts--Designation of agent to vote in behalf of elections for organization of district.
46A-4-19 Election procedure--Applicability of general laws--Resolution declaring district organized--District as political subdivision.
46A-4-20 Resolution declaring district organized--Filing for record.
46A-4-21 Election of director for each division.
46A-4-22 Unentered public lands a major portion of district--Appointment of majority of directors by secretary of interior--Term of office.
46A-4-23 Directors elected at large as a result of appointment of majority of directors by secretary of interior--Term of office.
46A-4-24 Directors elected at election to establish district--Terms of office--Tie election, procedure.
46A-4-25 Annual election of directors--Nomination--Election by receiving highest number of votes.
46A-4-26 Hours of voting.
46A-4-27 Directors to be electors of division--Residence.
46A-4-27.1 Transmittal of election results.
46A-4-28 Nominating petition for directors--Filing--Form--Signers.
46A-4-29 46A-4-29. Repealed by SL 1984, ch 294, § 26
46A-4-30 Election not required where no question or contest--Retention of office by incumbent.
46A-4-31 Notices of election after organization of district--Publication and posting.
46A-4-32 Elections after district organized and first set of directors elected--Voting by mail.
46A-4-33 Precinct election officers--Appointment by board of directors or electors.
46A-4-34 Chair of election board--Oaths.
46A-4-35 Precinct election boards--Oaths of members, administration, and certification.
46A-4-36 Canvass of votes by board--Time and place.
46A-4-37 Declaration of election results--Certificate of election.
46A-4-38 Statement of election results--Filing--Contents.
46A-4-39 Vacancy in office of board of directors--Filling--District treasurer appointed by board.
46A-4-40 Elected directors--Qualifying--Term of office--Time for assumption of duties.
46A-4-41 Directors' and officers' oath of office--Official bonds.
46A-4-42 District appointed fiscal agent of United States to collect money for federal reclamation project--Additional bond required--Right to sue on bond.
46A-4-43 Bond of officers and directors--Form--Obligee--Cost of surety bonds, payment by the district.
46A-4-44 Organization meeting of board of directors--Election of president and vice-president--Appointment of secretary.
46A-4-45 Meetings of directors--Special meetings--Open to public--Quorum--Vote required for action.
46A-4-46 Records of board of directors open for inspection--Publication of statement of proceedings--Filing of list of expenditures.
46A-4-47 Compensation of district directors--Payment from district fund.
46A-4-48 Powers and duties of board of directors of district--Distribution and printing of bylaws and procedures--Water rights appurtenant to land.
46A-4-49 Interest in contract of district or acceptance of bribe by director or officer as felony.
46A-4-50 Change of irrigation district boundaries--Exclusion of land within boundaries.
46A-4-51 Common school and endowment irrigable lands within district--Sale--Inclusion in district.
46A-4-52 Assent of secretary of interior necessary for change in boundaries of district contracting with United States.
46A-4-53 Petition for inclusion of tract of land within boundaries of irrigation district--Contents.
46A-4-54 Participation by conservators and personal representatives of estates.
46A-4-55 Change of boundaries of irrigation district--Notice of filing of petition, contents--Time and place of hearing by board of directors--Cost of proceedings, advancement by petitioners.
46A-4-56 Hearing on petition to change boundaries--Adjournment--Assent to change.
46A-4-57 Rejection of petition to change boundaries--Resolution of board--Contents.
46A-4-58 Land not included in irrigation district unless owner or lessee obligated to pay assessments or charges.
46A-4-59 Payment by petitioners of share of original district assessments as condition for granting petition.
46A-4-60 Board order for election on filing of protests--Publication of notice--Ballots--Boundary descriptions.
46A-4-61 Order of board in conformity with election results on boundary change.
46A-4-62 Filing and recording of order changing boundaries--Effect of change.
46A-4-63 Petition for change of boundaries of irrigation district--Recording in minutes of board of directors, admissibility as evidence.
46A-4-64 Redivision of district following inclusion of land--Election precincts.
46A-4-65 Exclusion of contiguous tracts of land from district--Petition--Contents.
46A-4-66 Notice of petition to exclude land--Publication--Contents--Time for hearing.
46A-4-67 Hearing on petition to exclude land--Assent of interested persons.
46A-4-68 Resolution for exclusion of land when bonds or federal contract outstanding--Bondholders' or federal assent required--Assent waived by terms of bond issue.
46A-4-69 Grant or denial of petition to exclude land from district--Best interests of district--Conditions for exclusion.
46A-4-70 Election ordered on exclusion after objections filed--Publication of notice--Contents--Conduct of election.
46A-4-71 Majority vote against exclusion, denial and dismissal of petition--Majority vote in favor of exclusion, order of board of directors excluding land from irrigation district, contents.
46A-4-72 Order excluding land from irrigation district--Entry in minutes of board of directors--Filing and recording--Effect of order.
46A-4-73 Exclusion of land from irrigation district--Refunding of assessments.
46A-4-74 Exclusion of land from irrigation district--Effect of change on office of director.
46A-4-75 Exclusion of land from irrigation district--Redivision of district by board of directors--Election precincts, establishment, change from time to time.
46A-4-76 Resolution to exclude unproductive lands from district--Reasons--Service on owners and residents--Publication of notice.
46A-4-77 Hearing on exclusion of unproductive lands--Time and place--Objections--Failure to object deemed consent--Rescission of resolution or adoption of second exclusion resolution.
46A-4-78 Motion to reconsider exclusion of unproductive lands--Time--Appeal to circuit court--Contents--Trial--Filing of final resolution.
46A-4-79 Rearrangement or reapportionment of district divisions upon exclusion of lands--Effects of exclusion--Procedural defects--Resolutions and bylaws.
46A-4-80 Subirrigated land--Relief from district assessments--Recording of suspension order.
46A-4-81 Dissolution of district--Petition by majority of assessment payers--Calling of election by board--Notice of election.
46A-4-82 Dissolution of district contracting with United States--Assent of secretary of interior--Recording.
46A-4-83 Election ballots on dissolution of district--Form and contents--Conduct of election.
46A-4-84 Certification of election returns and ballots--Canvass of returns--Declaration of result--Recording.
46A-4-85 Vote against dissolution precludes another election during year.
46A-4-86 Majority vote for dissolution of irrigation district--Notice by board of directors to creditors of district--Settlement of claims.
46A-4-87 Raising of money to pay debts--Valuation of property by appraisers--Appointment--Report.
46A-4-88 Sale of property by board of directors--Advertisement--Notice of sale--Consideration of bids of purchasers by board of directors.
46A-4-89 Rejection of bids for purchase of property--Private negotiations for sale--Deferred payments--Lien--Foreclosure.
46A-4-90 Additional security for deferred payments--Collection.
46A-4-91 Bonds and obligations of district--Redemption after sale of property on dissolution of district.
46A-4-92 Payment of outstanding obligations with proceeds of property sales--Prices paid.
46A-4-93 Proceeds of sale of property on dissolution of irrigation district insufficient to pay debts--Assessments against lands in the district.
46A-4-94 Disposal of property--Payment of obligations--Report of board--Filing and recording--Contents--Time for action on unpaid claim.
46A-4-95 Validation of previously created irrigation districts.
46A-5-1
Use of water and property for irrigation of lands--Public use--Regulation and control
by state.
46A-5-2
Resolution of board of directors--General plan of proposed operation, contents.
46A-5-3
Determination of construction costs by board of directors--Examinations and
surveys--Surveys, maps, plans, and estimates, certification by irrigation engineer.
46A-5-4
Determination of funds required--Authorization, issuance, and sale of bonds--Election--Amount of bonds.
46A-5-4.1
Eligibility to vote in bond election.
46A-5-5
Contract with United States for construction, operation, and maintenance of works--Bonds not deposited in connection therewith, issuance unnecessary--Issuance of
bonds for funds in addition to amount of federal contract.
46A-5-6
Location of line of canal and branches--Purchase or condemnation of property.
46A-5-7
Construction of works for collection and distribution of water--Furnishing of water
for irrigation.
46A-5-8
Right-of-way for laterals--Duties of board of directors--Eminent domain.
46A-5-9
Right-of-way for works for collection of water over state lands and waters.
46A-5-10
Construction of works across streams, watercourses, highways, and railways.
46A-5-11
Property acquired for project--Title vested in district--Management by board of
directors.
46A-5-12
Acquisition of property--Actions and proceedings by and against district.
46A-5-13
Adoption of plan of works--Notice of plan and call for bids--Publication--Contents.
46A-5-14
Contractor's bond--Sureties--Approval by board of directors--Terms.
46A-5-15
Work done under engineer--Approval by board of directors.
46A-5-16
Contracts for material--Lowest responsible bidder--Security for bid, amount,
forfeiture.
46A-5-17
Bids unnecessary for contract with United States.
46A-5-18
Contracts with United States concerning federal reclamation acts and water supply.
46A-5-19
Deposit of district bonds as security for federal contract.
46A-5-20
District bonds not deposited as security for federal contract.
46A-5-21
District appointment as fiscal agent of United States--Collection of money for federal
reclamation projects.
46A-5-22
Obsolete.
46A-5-23
Flow of water through ditches and canals at full capacity.
46A-5-24
Measuring devices, placement--System for interchange of water--Duties of board of
directors.
46A-5-25
Apportionment of water by board.
46A-5-26
Liability for negligence in delivering or failure to deliver water--Notice to district
chair--Time for service of notice and action.
46A-5-27
Diversion of water from channel unauthorized without payment of just
compensation.
46A-5-28
Appropriation from district general fund for advertising.
46A-5-29
General fund of district--Appropriation by board of directors for support of county
fair, maximum amount.
46A-5-30
Repealed.
46A-5-31
Contract to supply water to users for nonirrigation purposes--Authority of district to
enter.
CHAPTER 46A-6
IRRIGATION DISTRICT CONTRACTS AND FINANCING
46A-6-1 Unauthorized debts and liabilities prohibited.
46A-6-2 Contracts for supply of water to irrigate lands--Source of supply.
46A-6-3 Payment within one year of purchase price of water supply--Tax levy.
46A-6-4 Contract to supply water to irrigate lands--Payments extending more than one year--Submission to voters for approval or disapproval, general or special election, notice, conduct of election--Approval of contract by voters--Annual tax levy to pay...
46A-6-4.1 Eligibility to vote on water supply contract.
46A-6-5 Drainage of land by district--Special assessments and funds--Surveys--Eminent domain--Contract with United States.
46A-6-6 Contract with United States for drainage of lands in district--Contract by board of directors for drainage of contiguous outside lands, assumption of cost and repayment to United States.
46A-6-7 Submission of federal contract to voters at general or special election--Notice--Approval by voters.
46A-6-8 Supplemental or amendatory contracts with United States--Amount of principal indebtedness not increased.
46A-6-9 Election and judicial confirmation not required for supplementary or amendatory contracts--Resolution of board.
46A-6-10 Prior supplemental contracts with United States validated.
46A-6-11 46A-6-11 to 46A-6-14. Repealed by SL 1984, ch 43, § 131
46A-6-15 Covenants and agreements to protect security and payment of bonds.
46A-6-16 Bonds of district to be delivered to United States under reclamation contract--Form--Terms--Denominations.
46A-6-17 Issuance of bond not necessary--Cost and expenses of property and works covered by contract between district and United States.
46A-6-18 46A-6-18. Repealed by SL 1984, ch 43, § 131
46A-6-19 Payment of bonds and interest--Annual assessment upon real property of district.
46A-6-20 46A-6-20, 46A-6-21. Repealed by SL 1984, ch 43, § 131
46A-6-22 Debt service fund--Investment in federal or state bonds or certificates of deposit, deposits in banks within state.
46A-6-23 Interest on due and unpaid interest coupons of bonds--Election to authorize--Form of ballots.
46A-6-24 Interest on unpaid coupons--Majority vote of electors--Adoption declared by board--Levy for capital projects fund--Stamping of coupons by county treasurer.
46A-6-25 46A-6-25 to 46A-6-28. Repealed by SL 1984, ch 43, § 131
46A-6-29 Contract with United States guaranteeing bonds of district or extending financial credit.
46A-6-30 Compliance with federal and state laws--Rights of district to contract.
46A-6-31 Special court proceeding to confirm contracts or assessments-- Procedure--Partial approval--Curing of defects.
46A-6-32 Confirmation of issue and sale of bonds by board of directors--Judicial examination in special proceeding--Approval or disapproval by circuit court.
46A-6-33 Petition of board of directors for confirmation of issue and sale of bonds--Filed in circuit court--Contents.
46A-6-34 Hearing of petition of board of directors for confirmation of issue and sale of bonds--Notice of filing, publication--Time and place.
46A-6-35 Pleading to petition of board of directors for confirmation of issue and sale of bonds--Law governing.
46A-6-36 Contract with United States amendatory of individual water right contracts--Exception.
46A-6-37 Court hearing on organization of district or issuance of bonds--Determination of legality--Disregard of certain irregularities--Partial approval--Costs.
46A-6-38 Statement by board--Preparation, contents, and certification--Statement and bonds presented to department--Recording of statement--Registration of bonds.
46A-6-39 Borrowing to make payments on federal contracts.
46A-6-40 Borrowing for unforeseen or unusual conditions in operation and maintenance.
46A-6-41 Maximum amount of loans--Payment.
46A-6-41.1 Borrowing funds from conservancy district--Pledge of district credit.
46A-6-42 Funds of district--Deposit in bank, designation by board of directors, release of district treasurer from personal liability.
46A-6-43 Withdrawal from construction fund and deposit in county treasury--Disbursement by county treasurer--Monthly report.
46A-6-44 Costs of acquisition of property and construction of works and improvements--Payment out of construction fund or in district bonds.
46A-6-45 Additional bonds of district--Priority.
46A-6-46 Claims against district--Verification required--Oaths administered by district secretary.
46A-6-47 Claims against district--Allowance--Warrants for payment.
46A-6-48 Insufficient funds for payment of warrants--Endorsement of district treasurer--Interest.
46A-6-49 Register of warrants by district treasurer--Payment of warrants in order of presentation.
46A-6-50 District treasurer--Monthly report.
46A-6-51 Transfer of assets and liabilities of nonprofit entity to district--Approval by governing board and electors.
46A-6-52 Repealed
Section
46A-7-1
Tolls, charges, and assessments--Expenses covered--Levy of assessments.
46A-7-2
Expenses for completion of irrigation system--Issuance of additional bonds or levy
of assessment.
46A-7-3
Special assessment--Submission of question of levy--Notice of election--Authorization by majority of votes--Levy of assessment--Entry upon assessment roll
and tax list--Collection.
46A-7-3.1
Eligibility to vote on special assessment.
46A-7-4
Apportionment of benefits accruing to land by irrigation--Basis for annual
assessments.
46A-7-5
Apportionment of benefits to land by irrigation works--Assessment made in lieu of
bonds or other authorized obligations--Assessment not invalid because in name of
wrong person.
46A-7-6
List of apportionment or distribution--Contents--Map of each subdivision with rate
of apportionment--Copy filed with department.
46A-7-7
Assessments to meet obligations of contracts with United States--Apportionment of
benefits unnecessary under contract.
46A-7-8
Delivery of assessment roll to secretary--Notice of equalization meeting--Time for
meeting--Roll available for inspection.
46A-7-9
Board of equalization, board of directors constituting--Meetings, purpose--Apportionment of benefits and assessments--Duties of secretary.
46A-7-10
Acreage assessment to cover bond and contract payments--Special fund.
46A-7-11
Assessment for operation, salaries and expenses.
46A-7-12
Assessments--Rate of levy, computation.
46A-7-13
Contract with United States providing different deficiency assessment.
46A-7-14
Neglect or refusal of board to make assessment--Adoption of assessment for
preceding year.
46A-7-15
Modification of contract with United States to eliminate charges or change time of
payment--Cancellation of levy or assessment.
46A-7-16
Assessments--Computation and entry by secretary--Certification--Tax list.
46A-7-17
Assessments levied for bond and United States contract fund--Collection by county
treasurer.
46A-7-18
Capital projects fund tax--Interest coupons received in payment.
46A-7-19
Assessments levied for general fund--Due date--Warrants received in payment.
46A-7-20
Taxes received for capital projects and general funds--Remittance by county
treasurer.
46A-7-21
Responsibilities of county treasurer for taxes.
46A-7-22
Alternative method of collection of assessments against acreage within United States
reclamation project.
46A-7-23
Notice of decision to collect assessments against acreage in United States reclamation
project.
46A-7-24
Decision of board of directors to collect assessments against acreage within United
States reclamation project--Certificate, time for filing--Payment of assessments, time.
46A-7-25
Collection of assessments against acreage within United States reclamation project--Single assessment for operation and maintenance funds and contract funds, time for
payment.
46A-7-26
Determination of benefits--Fixing annual assessments--Completion and delivery of
assessment roll.
46A-7-27
Filing of certificate of decision to collect assessments against acreage within United
States reclamation project--Treasurer of irrigation district to act in lieu of county
auditor and treasurer.
46A-7-28
Collection of assessments against acreage within United States reclamation project--Duties of treasurer of district, certification of delinquencies.
46A-7-29
Reversion to prior method of collection--Filing of certificate of change--Collection
through office of county treasurer.
46A-7-30
Assessments--Payment under protest, disposition of money.
46A-7-31
Refund of taxes or assessments--Filing of tax receipt showing payment under protest--Affidavit stating grounds for refund.
46A-7-32
Relevy of invalid, void or defective special tax or assessment--Assessment not
invalidated by erroneous extension--Correction.
46A-7-33
Assessment as lien against property assessed--Interest--Collection--Sale of land.
46A-7-34
Bond series lien preferences--Federal contract payments lien preferences.
46A-7-35
Application of funds from assessment and levy--Priority in distribution.
46A-7-36
Delinquent assessments--Compromise, abatement, or reallocation.
46A-7-37
Delinquent assessments--Sales of land, bidding in by board of directors, striking off
land to district, certificate of tax sale.
46A-7-38
Special revenue fund for purchase of tax certificates and titles--Purpose--Resolution--Payment of taxes, assessments, interest, and penalties.
46A-7-39
Taxes paid by district--Distribution by county treasurer--Redemption or sale of
property--Deposit of proceeds.
46A-7-40
Expenditure from special revenue fund--Transfer of balance in inactive fund to debt
service fund.
46A-7-41
Tax sale certificate issued to county--Purchase by district--Purchase price, payment
by board of directors.
46A-7-42
Land sold at tax sale to district--Tax deed, issuance to holder of certificate of tax sale
in the absence of redemption.
46A-7-43
Tax deed issued to district--Sale of land--Price.
46A-7-44
Land not subject to sale for delinquent taxes before delivery of water.
46A-7-45
Warrants of districts--Limitation on amount issued--Additional levy.
46A-7-46
Claims against fund fully paid--Transfer of unused balance.
46A-7A-1 to 46A-7A-39. Repealed.
46A-7A-40
Repealed.
46A-7A-41 to 46A-7A-182. Repealed.
46A-8-1
Association organized under state law in conformity with federal law--Amendment
of articles of incorporation, purposes.
46A-8-2
Proposed amendment of articles of incorporation of association, time and manner of
making, submission to shareholders, publication.
46A-8-3
Bylaws of association--Repeal and amendment, submission of proposition to
shareholders, publication.
46A-8-4
Acceptance of association books for public record by county commissioners--Recording of stock subscriptions--Charges.
46A-8-5
Election of officers and directors of association.
46A-8-6
Assessments against shareholders--Purpose--Bylaws--Nonpayment.
46A-8-7
Lien of association for unpaid assessments--Priority--Duration--Foreclosure and sale
of land.
46A-8-8
Authority of association to transfer assets to municipality.
CHAPTER 46A-9
WATER USER DISTRICTS
46A-9-1 Purpose of chapter.
46A-9-2 Definition of terms.
46A-9-3 Organization--Actions by and against--Creation and incorporation.
46A-9-4 Petition for organization of district--Filing with and approval by board--Contents.
46A-9-5 Lands included in district.
46A-9-6 Organization within territorial boundaries of another district.
46A-9-7 Directors--Election at large or from election divisions--Boundaries of divisions.
46A-9-8 Grouping of directors elected at large--Term of office.
46A-9-9 Petition for organization of district--Number of signatures required--Name, post office address, and location of land of petitioner.
46A-9-10 Instruments constituting petition for organization of district--Affidavit of circulator as to signatures on each sheet--Form.
46A-9-11 Maps, plans and estimates accompanying petition for organization of district--Location of lands within proposed district.
46A-9-12 Examination of petition by Department of Water and Natural Resources to determine compliance with law--Noncompliance with law, dismissal of petition.
46A-9-13 Publication of petition for organization of district.
46A-9-14 Protest against organization of district--Right to file with Board of Water and Natural Resources--Determination of validity by board.
46A-9-15 Investigation of proposed district and works by Board of Water and Natural Resources--Costs.
46A-9-16 Declaration of feasibility of proposed project and conformance to public convenience--Dismissal of petition or certificate of feasibility--Filing of certificate--District as public corporation.
46A-9-17 Validation of prior districts and boundaries--Validation of prior proceedings, bonds, and contracts.
46A-9-18 Board of directors--Qualification upon filing certificate of organization--Vacancy created by failure to qualify--First meeting.
46A-9-19 Additional territory, inclusion in district.
46A-9-20 Extension of district--Petition to include additional territory--Contents--Filing.
46A-9-21 Petition for expansion of district--Map showing location of lands to be included to accompany--Plans and estimates.
46A-9-22 Publication of notice for extension of district--Filing of protest.
46A-9-23 Action by Board of Water and Natural Resources on petition for extension of district--Certificate of approval--Filing--Effect.
46A-9-23.1 Exclusion of lands from district--Grounds--Procedure.
46A-9-23.2 Notices of hearing on exclusion--Protests.
46A-9-24 Members of board of directors succeeding original board--Nomination and election--Term of office.
46A-9-25 Hour and place of election.
46A-9-26 Election of directors--Voting rights.
46A-9-27 Notice of election time, place, and purpose--Mailing or publication.
46A-9-28 Registration of voters--Conduct of election--Costs.
46A-9-29 Candidate to fill vacancy or succeed an outgoing director--Vote necessary for election.
46A-9-30 Director to be landowner or entryman.
46A-9-31 Removal of members of board of directors from office--Grounds--Procedure.
46A-9-32 Vacancies on board of directors--Declaration of existence--Filling--Member elected to fill, term of office.
46A-9-33 Reimbursement of expenses and compensation of board members.
46A-9-34 Officers--Election by board of directors--Appointment of executive committee and other employees.
46A-9-35 Bond of treasurer.
46A-9-36 Corporate powers of district vested in board of directors.
46A-9-37 Bylaws and procedures--Adoption by board of directors--Minutes of meetings--Records of account, kept at principal place of business, open to public inspection.
46A-9-38 Indemnification of directors, officers, employees, or agents of districts.
46A-9-39 Powers of district.
46A-9-40 Powers of corporation for public purposes--Acquisition and disposition of property.
46A-9-41 Acquisition, management, use, and operation of works and property--Disposition of works.
46A-9-42 Transfer of obligations of nonprofit rural water supplier or wastewater system operator to water user district, sanitary district, or municipality--Majority vote of district.
46A-9-43 Contracts with governmental agencies authorized for certain purposes.
46A-9-44 Extraterritorial powers of district.
46A-9-45 Appropriation of waters of state by district--Interference with existing water rights forbidden.
46A-9-46 Eminent domain--Appraisement of private property or interest.
46A-9-46.1 Municipal approval of location of wastewater plant or system--Exception for existing plant or system.
46A-9-47 District has no power to tax or levy assessments--Others have no liability for district indebtedness or obligations.
46A-9-48 Costs of operation of district--Contract for payment of rent or charge for water storage or water supply.
46A-9-49 Grants or loans--Gifts.
46A-9-50 Cooperation with United States in acquisition and disposition of property.
46A-9-51 Eminent domain laws applicable to irrigation districts apply.
46A-9-52 Contracts governed by public agency procurement law.
46A-9-53 Filing of plans and specifications--Advertisement for bids.
46A-9-54 Contracts for proposed construction work--Employment of citizens of state--Bond of contractor.
46A-9-55 Certain proposed works exempt from competitive bidding requirements.
46A-9-56 Borrowing power of district--Sources from which obligations payable--Authorization, issuance, and sale of bonds.
46A-9-57 District obligations--Pledge of revenue for payment--Collateral security for loan.
46A-9-58 Refunding of district obligations.
46A-9-59 Revenues of district--Payment into special fund--Collection and disposition of special fund, terms, and conditions.
46A-9-60 Agreement between directors and holders of district obligations as to charges for water, sewage disposal, or other services.
46A-9-61 Prices, rates, and charges--Contracts.
46A-9-62 Default in payment of money specified in agreement--Termination of contract--Right to recovery not affected by discontinuation of services.
46A-9-63 Funds of district--Creation by board of directors--Identification--Separate accounts.
46A-9-64 Construction fund--Deposit of bond proceeds--Credit of interest received upon deposits--Disbursements--Balance transferred to debt service fund.
46A-9-65 Water or wastewater fund--Credit of revenue of works and operations--Payment of operation and maintenance costs.
46A-9-66 Debt service fund--Transfer of balance from water fund--Moneys pledged for payment of evidences of indebtedness.
46A-9-67 Deposit of funds--Payment of claims.
46A-9-68 Fiscal year--Audit of financial affairs by board of directors, filing of written report.
46A-9-69 Disposition of water supply works, drainage works, or wastewater systems.
46A-9-70 Sale of unneeded works--Submission of question to Board of Water and Natural Resources--Special election--Notice--Majority vote authorizes sale.
46A-9-71 Mortgage or hypothecation of property to secure payment of loans from governmental agencies.
46A-9-72 Mortgage or trust deed to secure payment of borrowed money--Foreclosure upon default and appointment of receiver.
46A-9-73 Dissolution of district--Special election--Notice--Conditions for dissolution.
46A-9-74 Dissolution complete upon resolution of board canvassing vote--Filing.
46A-9-75 Cancellation of applications for appropriation of water upon dissolution.
46A-9-76 Municipalities excepted from chapter--Contracts with district.
46A-9-77 Irrigation districts--Powers and functions unaffected by chapter.
46A-9-78 Retirement system--Participation.
46A-9-79 Appointment of water master.
46A-9-80 Duties of water master.
46A-9-81 Removal of water master.
46A-9-82 Grievance appeal.
46A-9-83 Water Management Board not affected.
46A-9-84 Group insurance for members of board of directors.
46A-9-85 Director or employee benefit from contract authorized.
46A-9-86 Director or employee benefit from contract authorized--Direct benefit described.
CHAPTER 46A-10A
COUNTY DRAINAGE
46A-10A-1 Definitions.
46A-10A-2 County drainage commission--Appointment--Filling vacancies--Majority required to act--Ex officio members.
46A-10A-3 Term and removal of members.
46A-10A-4 Meetings.
46A-10A-5 Compensation of members.
46A-10A-6 Employment of personnel.
46A-10A-7 Assistance by units of state government--Expense reimbursement.
46A-10A-7.1 Maintenance of correspondence file--Correspondence marked with date of receipt--Term of retention.
46A-10A-8 State Water Management Board, districts, and existing water rights unaffected--Effect on drainage districts.
46A-10A-9 Joint drainage efforts by counties.
46A-10A-9.1 Petition for assistance in development of intercounty drainage plan--Board defined.
46A-10A-9.2 Meeting to develop mutually acceptable joint county drainage activities.
46A-10A-9.3 Recommendation, notice, and hearing before Water Management Board--Cost of publication--Implementation.
46A-10A-9.4 Limitation on effectiveness of action required by Water Management Board.
46A-10A-9.5 Action required by board to be included in county drainage plan--Not subject to referendum procedure.
46A-10A-10 Joint powers agreements by local units of government as to drainage.
46A-10A-11 Agreements for receipt of federal or state funds for drainage.
46A-10A-12 Municipality contracting with county for services--Fees.
46A-10A-13 Joint county-municipal drainage activities.
46A-10A-14 Board to provide funds, equipment, and accommodations for county drainage activity.
46A-10A-15 Adoption of emergency drainage measures--Hearing--Notice--Limited term--Renewal.
46A-10A-16 County drainage plan--Preparation--Adjuncts--Considerations.
46A-10A-17 Purposes of drainage plan.
46A-10A-18 Drainage projects and coordinated drainage areas authorized.
46A-10A-19 Maps authorized.
46A-10A-20 Legal controls for drainage management--Right to continue existing drainage.
46A-10A-21 Official controls not limited.
46A-10A-22 Publication of notice of hearing on proposed drainage plan.
46A-10A-23 Board action on plan by ordinance or resolution.
46A-10A-24 Filing and publication of board action on plan--Effective date of plan--Public inspection.
46A-10A-25 Petition for election on adoption of plan--Notice of election--Ballots--Suspension of effective date--Inconsistent drainage efforts prohibited.
46A-10A-26 Rejection of plan by voters--Revision, filing, and publication.
46A-10A-27 Filing copy of adopted official control.
46A-10A-28 Approval required for rehabilitation or construction of drain covered by plan--Board review of commission decision.
46A-10A-29 Failure of commission to act as approval--Extension of period by board.
46A-10A-30 Permit system for drainage--Fee--Modification of drain or use of unrecorded right--Drainage without permit as misdemeanor--Civil penalty.
46A-10A-31 Recording existing drainage rights--Information required--Disputing rights--Appeals--Recording final decision.
46A-10A-31.1 Notice of recording requirements.
46A-10A-31.2 Local governments exempt from recording requirements.
46A-10A-32 Copy of recorded vested right to department.
46A-10A-33 Enforcement of chapter and official controls.
46A-10A-34 Adjudication functions of commission or board.
46A-10A-34.1 Board of adjudication by mutual agreement--Jurisdiction.
46A-10A-35 Appeals from commission and board--Time allowed--Commencing action in circuit court.
46A-10A-36 Regulation and elimination of nonconforming drains.
46A-10A-37 Amendment and repeal of drainage plan--Request by petition.
46A-10A-38 Petition by landowner for change of drainage restrictions--Notice to directly affected persons.
46A-10A-39 Hearing on petition--Commission recommendation to board.
46A-10A-40 Affected person's right to be heard--Resolution adopting or rejecting proposal--Review, publication, and effective date of adoption--Election.
46A-10A-41 Drainage plan or official controls for municipality--Approval or contract by municipality required for effectiveness.
46A-10A-42 Jurisdiction of incorporated municipality.
46A-10A-43 Drainage district continuation and dissolution--County plan to include districts, vested rights and plans or projects of local government units and coordinated drainage areas.
46A-10A-43.1 Petition for future maintenance of drain jointly and voluntarily maintained by landowners within ten years of July 1, 1985.
46A-10A-43.2 Signing of petition--Contents.
46A-10A-43.3 Presentation of petition--Filing--Transmittal to Department of Agriculture and Natural Resources--Hearing.
46A-10A-43.4 Opportunity to appear at hearing--When granted--Resolution by board as to maintenance of drain.
46A-10A-44 Recommendation that state's attorney seek injunction or other court action to prevent or abate violation.
46A-10A-45 Mandamus proceedings authorized.
46A-10A-46 Control of drainage construction, rehabilitation, or methods--Approval of board.
46A-10A-47 Coordinated drainage area--Application for establishment--Inconsistency with county plan or controls barring formation--Validity of information in county in process of adopting plan or controls.
46A-10A-48 Survey and map of proposed coordinated drainage area required--Availability for examination.
46A-10A-49 Form, verification, signatures, filing, and presentation of application for establishment of area.
46A-10A-50 Order establishing area subject to voters' approval--Notice of election--Exemption from election requirement.
46A-10A-51 Publication of election notice.
46A-10A-52 Hours polls open--Costs of election.
46A-10A-53 Establishment of area effective on voters' approval--Waiting period after rejection by voters.
46A-10A-54 Appointment and duties of election officers--Order declaring area established--Conclusiveness of order.
46A-10A-55 Expenditure of county funds for application for coordinated drainage area--Assessment of costs from benefiting landowners.
46A-10A-56 Public lands subject to drainage laws--Service of notices--Appearance by board or officer in charge.
46A-10A-57 Responsibilities for drainage projects.
46A-10A-58 Signatures required for board action on drainage project petition.
46A-10A-59 Contents of drainage project petition.
46A-10A-60 Presentation and filing of petition--Time for board action--Copy to department.
46A-10A-61 Survey and report contracted by board--Contents--Right of entry--Copy to department.
46A-10A-62 Survey report to be written--Inspection--Scheduling hearing--Notice requirements.
46A-10A-63 Appearances at hearing--Establishment of project--Variation from report--Adjournment of hearing--Notices.
46A-10A-64 Assistance by department--Reimbursement of expenses.
46A-10A-65 Denial of petition or establishment of project--Findings required.
46A-10A-66 Assessments authorized--Expenses paid.
46A-10A-67 Acquisition of easements.
46A-10A-68 Damages due to project--Determination--Hearing--Appeal.
46A-10A-69 Naming project--Record of proceedings.
46A-10A-70 Permissible drainage of land.
46A-10A-71 Drains along or across highways.
46A-10A-72 Open ditches restricted along highways.
46A-10A-73 Drains along and across railroads--Costs.
46A-10A-74 Construction of drainage facilities across railroads--Costs.
46A-10A-75 Construction contracts--Bids--Preference of landowners--Bond of contractor--Construction without contract.
46A-10A-76 Highway bridges and culverts--Construction--Maintenance--Modification--Costs.
46A-10A-77 Construction and contracting powers of board.
46A-10A-78 Maintenance and improvement of existing drains, watercourses, and levees.
46A-10A-79 Apportionment of original cost to annexed area when project extended.
46A-10A-80 Maintenance of drains--Assessment of costs.
46A-10A-81 Jurisdiction of improved existing drain--Maintenance--Assessments.
46A-10A-82 Maintenance without notice--Actions authorized.
46A-10A-83 Petition for repair or improvement of drain.
46A-10A-84 Repairs without contract--Cost reimbursement.
46A-10A-85 Replacing drain as repair.
46A-10A-86 Improvements--Survey and cost estimate--Ordering without notice.
46A-10A-87 Improvements requiring notice and hearing--Reclassification of benefits--Appeal.
46A-10A-88 Assessment of maintenance and improvement costs.
46A-10A-89 Maintenance and assessments for drainage work in more than one county.
46A-10A-90 Injury or obstruction of drainage as misdemeanor--Civil liability.
46A-10A-91 Drain or watercourse constructed to prevent entry of water as nuisance--Exception.
46A-10A-92 Abandonment of project--Procedure.
46A-10A-93 Approval required to alter drainage rights established with federal or state funds.
46A-10A-94 Accounts of expenditures maintained--Inspection.
46A-10A-95 Appeal by state as to public lands.
46A-10A-96 Stay of proceedings on appeal--Bond--Damages.
46A-10A-97 Costs on appeal.
46A-10A-98 Drainage district management by Board of Trustees.
46A-10A-99 Petition for election.
46A-10A-100 Election meeting--Appointments.
46A-10A-101 Publication of notice of election--Votes by proxy.
46A-10A-102 Election board to procure district records preceding election--Elected trustees to act as record custodians--Updates to district records.
46A-10A-103 Voting rights of title holder.
46A-10A-104 Landowner or joint landowners entitled to one vote collectively--Voting rights of minor or protected person.
46A-10A-105 Voting through agent or proxy--Power of attorney to specify election for which it is used--Delivery of power of attorney.
46A-10A-106 Superintendent's responsibilities--Manner and purpose of elections.
46A-10A-107 Ballots and poll list--Ballot delivery.
46A-10A-108 Vote count--Determination of election results--Election materials to be retained for sixty days.
46A-10A-109 Results of election to determine length of term.
46A-10A-110 Trustees to appoint superintendent and clerks for subsequent election board--Determination of compensation of election board.
46A-10A-111 Succeeding annual trustee elections.
46A-10A-112 Trustee qualifications.
46A-10A-113 Appointment to fill vacancy.
46A-10A-114 Compensation of trustees and clerk of board--Filing requirements.
46A-10A-115 Election of chair and clerk of board.
46A-10A-116 Powers and duties of board of trustees.
46A-10A-117 Costs and expenses--Levy.
46A-10A-118 Assessment on real property.
46A-10A-119 Tax--Tax fund.
46A-10A-120 Issuance of improvement certificates and drainage bonds.
46A-10A-121 Record of official acts and proceedings--Filing of financial report--Examination of report.
46A-10A-122 Grievances--Mediation.
46A-10A-123 Special election--Notice.
CHAPTER 46A-10B
DRAINAGE BASIN UTILITY DISTRICTS
46A-10B-1 Definition of terms.
46A-10B-2 Counties or municipalities authorized to establish drainage basin utility districts.
46A-10B-3 Joint powers agreement required.
46A-10B-4 Joint powers agreement--Contents.
46A-10B-4.1 Amendment to agreement--Adding to or deleting from district.
46A-10B-5 Hearing required--Timing and attendance.
46A-10B-6 Publication of proposed agreement or amendment prior to hearing--Contents.
46A-10B-7 Approval and execution of agreement--Establishment or adjustment of district.
46A-10B-8 Boundaries.
46A-10B-9 Agreement to designate and define composition of governing body--Requirements--Powers.
46A-10B-10 Certain actions prohibited without county or municipal government approval.
46A-10B-11 Required notice--Contents.
46A-10B-12 Drainage basin utility district as municipal utility.
46A-10B-13 Additional administrative powers of governing body.
46A-10B-14 Effect of chapter upon Water Management Board and certain other state laws.
46A-10B-15 Establishment of district no guarantee flooding or damage will be eliminated.
46A-10B-16 Assessment of basins--Governing body to designate installation of facilities and method of assessment.
46A-10B-17 Benefit versus cost analysis required.
46A-10B-18 Adoption of master drainage plan and stormwater map--Contents--Revisions.
46A-10B-19 Solicitation of entities to carry out plan--Furnishment of maps.
46A-10B-20 Establishment of stormwater basin development and utility fees--Assessments against individual properties.
46A-10B-21 Payment of development fee as condition for development--Purpose and amount of fee.
46A-10B-22 Imposition of stormwater utility fee--Purpose, amount and separate components of fee.
46A-10B-23 Fees deposited in fund--Purpose.
46A-10B-24 Collection of unpaid charges--Lien created--Enforcement of provisions of chapter.
46A-10B-25 Owner's right to dispute fees or other determinations--Petition and hearing.
46A-10B-26 Reduction of fees upon completion or implementation of plan.
46A-10B-27 Application of fees or charges.
46A-10B-28 Accumulation of funds authorized.
46A-10B-29 Issuance of bonds authorized.
46A-10B-30 Drainage report and construction plans--Requirements for subdivision approval.
46A-10B-31 Contract with developer--Reimbursement of actual costs incurred.
46A-10B-32 Collection of charge from abutting property developer--Conditions--Repayment of original installer.
46A-10B-33 Stormwater facility property of governing body--Responsibility for operation and maintenance.
46A-10B-34 Technical assistance provided by Board of Water and Natural Resources and Department of Agriculture and Natural Resources.
46A-10B-35 Board to consider certain provisions and guidelines in establishing ordinances or procedures.
46A-10B-36 Dissolution of district.
46A-10B-37 Content and form of petition for dissolution.
46A-10B-38 Filing of petition.
46A-10B-39 Publication of petition prior to filing--Content.
46A-10B-40 Authority of circuit court to dissolve district.
46A-10B-41 Petition to suspend or cancel project--Content and form.
46A-10B-42 Publication of petition to cancel or suspend project--Requirements.
46A-10B-43 Authority of circuit to suspend or cancel project--Amendment of master plan.
46A-11-1
Resolution establishing drainage project--Filing of certified copy with register of
deeds--Contents--Recording and indexing--Constructive notice.
46A-11-2
Apportionment of benefits of proposed drainage project by board of county
commissioners--Equalization of benefits, notice, publication, and posting.
46A-11-3
Matters considered in fixing and equalizing benefits.
46A-11-4
Hearing on equalization of benefits--Determination by board--Revision procedure.
46A-11-5
Assessment by board--Cost of establishment.
46A-11-6
Assessment--Certified copy filed with county treasurer--Notice.
46A-11-7
Assessment due and payable from time of filing of certified copy--Lien--Penalty and
interest on delinquencies--Payment--Distribution.
46A-11-8
Assessment certificates--Issuance--Form and contents--Rights of holder--Enforcement.
46A-11-9
Assessments for further costs of construction.
46A-11-10
Assessments as work progresses--One assessment sufficient where no damages are
payable or damages have been paid with warrants.
46A-11-11
Agreement of contractors to take assessment certificates or warrants for services--Assessment for entire balance of cost of construction--Lien of assessment--Enforcement--Sale of assessment certificates, purpose.
46A-11-12
Assessments paid to county treasurer--Distribution.
46A-11-13
Assessments for drainage, payment in installments--Agreement of taxpayer with
county auditor--Assessment certificates, coupon form.
46A-11-14
Assessments for drainage, payment in installments--Time installments due--Penalty
on delinquencies.
46A-11-15
Discharge of assessments for drainage--Land not discharged until bond issue paid.
46A-11-16
Assessments of school and public lands for construction of drainage project--Certification by county auditor--Payment.
46A-11-17
Assessments for drainage against municipalities--Tax levy by municipal officials--Enforcement and collection.
46A-11-18
Payment of drainage assessments against townships--Unorganized townships.
46A-11-19
Assessments for drainage--Enforcement by county treasurer, sale of property.
46A-11-20
Assessments upon land in other counties--Payment to treasurer of county in charge
of drainage--Delinquent assessments.
46A-11-21
Repealed.
46A-11-22
Cancellation of installments of assessment--Reassessment with further assessments--Issuance of bonds--Consideration of payments by landowner on account of previous
assessments or penalties accrued for nonpayment.
46A-11-23
Levy of costs over several years--Fixing annual levy--Bond issue--Terms of bonds.
46A-11-24
Drainage bonds--Execution--Purpose of issue--Negotiation--Recital--Charge against
lands.
46A-11-25
Drainage bonds--County not liable for payment--Payment from assessments.
46A-11-26
Assessments payable to treasurer of county in which assessed land is situated--Issuance of bonds by joint action of boards--Laws governing.
46A-11-27
Additional bonds, issuance--Cost of proposed drainage exceeding estimated cost--New apportionment of assessments--Certification of assessments finally fixed to
county treasurer--Money collected by county treasurer on assessments to be paid to
bondholders.
46A-11-28
Separate accounts for drainage projects.
46A-11-29 Unpaid installments of assessments for drainage--Extension by board of county commissioners--Drainage refunding bonds authorized.
46A-11-30 Petition for extension of unpaid installments for drainage--Number of signatures required--Identification of drain--Contents--Hearing, publication of notice.
46A-11-31 Petition for extension of unpaid installments for drainage--Consideration by board of county commissioners--Adjournment of hearing--Order of board.
46A-11-32 Appeal from order extending time for payment of unpaid installments--Determination--Waiver of matter not included in appeal.
46A-11-33 Refunding outstanding evidences of indebtedness--Sale and exchange--Laws governing.
46A-11-34 Determination of amount required to pay principal and interest on outstanding bonds by board of county commissioners--Time for making--New apportionment of assessment against lands, collection.
46A-11-35 Repealed.
46A-11-36 Drainage projects established under prior law--Assessments unenforceable--Appraisement and apportionment of benefits under this chapter.
46A-11-37 Abandonment and abolition of drainage--Assessments and liens not affected.
46A-11-38 Refunding excess assessments.
CHAPTER 46A-11A
MEDIATION OF DRAINAGE DISPUTES
46A-11A-1 Statewide mediation program to assist property owners in resolving disputes over surface or subsurface water drainage.
46A-11A-2 Staff services provided by Department of Agriculture and Natural Resources.
46A-11A-3 Fees--Farm mediation operating fund.
46A-11A-4 Contracts for mediation services.
46A-11A-5 Parties to drainage dispute, property owners, and governmental entities affected by drainage activity--Meeting notice--Publication of public notice.
46A-11A-6 Written agreements.
46A-11A-7 Confidentiality of information.
46A-11A-8 Immunity of mediators.
46A-11A-9 Intervention in mediation process.
46A-13-1
Petition for formation of interstate drainage district--Filing with clerk of court--Landowner qualifications--Time and place for hearing--Notice.
46A-13-2
Petition for formation of interstate drainage district--Jurisdiction of circuit court--Hearing--Determination of boundaries of district--Designation of name.
46A-13-3
Powers of interstate drainage district--Public corporation--Suits by and against
district.
46A-13-4
Governing commission of interstate drainage district--Number and selection of
members.
46A-13-5
Governing commission of interstate drainage district--Qualifications of members--Term of office of commissioners--Vacancies on commission, filling.
46A-13-6
Commissioners of interstate drainage district--Oath of office, filing--Bond, filing,
approval by board of county commissioners.
46A-13-7
Organization of commission--Time--Officers--Costs.
46A-13-8
Compensation of commissioners.
46A-13-9
Contract for joint action with adjoining state for drainage or flood control.
46A-13-10
Petition for improvement of interstate drainage project--Filing with commission,
Contents--Jurisdiction--Joint survey--Appointment of engineers.
46A-13-11
Bond of petitioners requesting improvement of interstate drainage project--Sureties,
approval by commission--Amount--Conditions.
46A-13-12
Survey and report of engineers--Time for completion and filing.
46A-13-13
Proposed improvement of interstate drainage project affecting water of United States--Use of government surveys or plans.
46A-13-14
Report of survey by engineers--Consideration by commission and officials of
adjoining state--Joint plan for construction of improvement--Order to be record of
commission.
46A-13-15
Commission of viewers--Appointment--Report.
46A-13-16
Estimation of total cost of construction of proposed improvement of interstate
drainage project.
46A-13-17
Agreement of commission and representatives of adjoining state as to amount of
costs to be borne by property within the respective states--Hearings.
46A-13-18
Determination by commission fixing proportion of cost payable by district--Finality.
46A-13-19
Joint plan for proposed improvement of interstate drainage project--Establishment--Determination of proportion of cost to be borne by respective states--Hearing on
petition to construct.
46A-13-20
Hearing on proposed improvement of interstate drainage project--Notice, publication
and posting, description of plan, summoning of interested persons.
46A-13-21
Hearing on proposed improvement of interstate drainage project--Appearance for or
against.
46A-13-22
Adjournment of hearing on proposed improvement of interstate drainage project,
purposes--Modification of joint plan, recording.
46A-13-23
Denial of petition for drainage improvement--Grounds--Liability of petitioners for
costs of proceeding.
46A-13-24
Establishment of drainage improvement by commission--Grounds--Designation of
name.
46A-13-25
Costs borne by state--Assessments--Warrants.
46A-13-26
Damages caused by construction of proposed improvement--Assessment, hearing,
appeal.
46A-13-27 Establishment of drainage improvement and determination of damages--Equalization of benefits.
46A-13-28 Assessments for portion of cost of construction of drainage improvement required to be paid by drainage district--Property subject to assessment.
46A-13-29 Bonds to raise money for portion of cost of construction of drainage improvement required to be paid by drainage district--Issuance and sale.
46A-13-30 Assessments for drainage purposes--Authority of commissioners of interstate drainage district.
46A-13-31 Special assessment order of commissioners of interstate drainage district--Certified copy filed with county treasurer--Lien of assessment--Collection and disbursement of assessments.
46A-13-32 Construction of drainage improvement--Provision for necessary funds--Letting of contract--Advertising for bids--Joint arrangements.
46A-13-33 Maintenance and repair of drainage improvement constructed by joint arrangement--Assessments.
46A-13-34 Absence of arrangement for joint action--Repair and maintenance treated as drainage improvement within state.
46A-13-35 Defects not affecting substantial rights disregarded in suit to avoid assessment or invalidate proceeding--Substantial defect--Rights of parties determined by court-Reassessment.
46A-13-36 Appeal from final determination of commission to circuit court--Manner and time of taking--Effect of taking.
CHAPTER 46A-14
WATERSHED DISTRICTS
46A-14-1 Purpose of chapter--Construction and administration.
46A-14-2 Definition of terms.
46A-14-3 46A-14-3. Repealed by SL 2013, ch 228, § 6.
46A-14-4 Conservation purposes supporting establishment.
46A-14-4.1 Functions and duties of commission.
46A-14-5 Initiating petition for establishment--Filing--Signatures required.
46A-14-6 Boundaries of district--Contiguous land ownerships.
46A-14-7 Inclusion of municipality.
46A-14-8 Initiating petition--Contents.
46A-14-9 46A-14-9. Repealed by SL 1998, ch 36, § 59
46A-14-10 46A-14-10. Repealed by SL 2013, ch 228, § 13.
46A-14-11 Duties of supervisors on receipt of initiating petition.
46A-14-12 46A-14-12. Repealed by SL 2013, ch 228, § 15.
46A-14-13 Time and place for hearing on initiating petition--Publication of notice--Contents.
46A-14-14 Hearing by conservation district on petition--Right of interested persons to be heard.
46A-14-15 Determination that public interest would be served by creation of district--Election on question.
46A-14-15.1 Eligible voter defined.
46A-14-16 Referendum unnecessary where petition signed by sixty percent of eligible voters.
46A-14-17 46A-14-17. Repealed by SL 2013, ch 228, § 20.
46A-14-18 46A-14-18 to 46A-14-25. Repealed by SL 1998, ch 36, §§ 64 to 71
46A-14-26 Organization to proceed on sixty percent favorable vote--New proposal permitted on defeat.
46A-14-27 46A-14-27. Repealed by SL 2013, ch 228, § 22.
46A-14-28 Name of district--Perpetual existence--Findings and order--Political subdivision.
46A-14-29 46A-14-29. Repealed by SL 2013, ch 228, § 24.
46A-14-30 Boundaries--Minor adjustments by managers without referendum--Exception.
46A-14-31 Annexation of additional areas to watershed district--Procedure.
46A-14-32 Combining of two or more watershed districts into one district--Procedure.
46A-14-33 Abolishment of original watershed district upon combining districts or annexing additional territory--Certification to secretary of state.
46A-14-34 Powers of district.
46A-14-35 Oath of office of managers--Filing with conservation district.
46A-14-36 Officers--Records--Transaction of district's business.
46A-14-37 Annual election of managers--Terms of office.
46A-14-38 Candidates for board of managers--Filing of application--Qualifications.
46A-14-39 Vacancies on board--Appointments--Terms of office.
46A-14-39.1 Watershed district--Reactivation--Hearing.
46A-14-39.2 Reactivated watershed district--Implementation of new tax levy.
46A-14-40 Advisory committee--Appointment by board of managers--Number of members--Duties.
46A-14-41 Appointment of personnel--Performance bond.
46A-14-42 Compensation of board members--Limitation.
46A-14-43 Duties of board of managers--Adoption of seal--Record of business transacted--Bylaws and regulations, adoption--Meetings, notice.
46A-14-43.1 District bylaws may be proposed by petition--Approval by board and special election.
46A-14-44 46A-14-44. Repealed by SL 2013, ch 228, § 33.
46A-14-45 Vested water rights--Exclusion from operation of chapter.
46A-14-46 Vested drainage rights--Exclusion from operation of chapter.
46A-14-47 General improvement plan--Consultation with advisory committee and supervisors of conservation districts--Contents--Steering committee preparation of preliminary plan.
46A-14-48 Determination of priority of specific projects--Surveys of work--Estimates--Reports of engineer, filing, public inspection.
46A-14-49 46A-14-49, 46A-14-50. Repealed by SL 2013, ch 228, §§ 35, 36.
46A-14-51 Examination of and hearings on plans--Resolution as to payment of costs by general tax levy, special assessment, or improvement bonds--List of benefited lands and owners.
46A-14-52 46A-14-52. Repealed by SL 2013, ch 228, § 38.
46A-14-53 Contract with conservation districts for funding.
46A-14-54 Publication of resolution and notice of hearing--Apportionment of benefits.
46A-14-55 Hearing and referendum on financing arrangements.
46A-14-56 Referendum on financing arrangements--Eligibility to vote--Counting of votes.
46A-14-57 Annual payments by municipality to district in lieu of tax or special assessment levies--Favorable vote by voters of municipality required.
46A-14-58 Resolution approving tax or assessment levy--Detailed reports.
46A-14-59 Assessed valuation for district tax purposes--Limitation on land taxed.
46A-14-60 Annual general tax levy against land and buildings--Maximum amount.
46A-14-61 Taxes collected by county officials--Delivery to district secretary-treasurer.
46A-14-62 Interested party aggrieved by apportionment of benefits or levy of taxes and assessments--Appeal, procedure.
46A-14-63 No-fund warrants to pay district obligations--Limitation on amounts.
46A-14-64 Long-term financing arrangement authorized by voters--Notice to landowners--Suit to set aside--Collection.
46A-14-65 Amended or supplemental general plan of improvements--Special election on additional taxes or special assessments.
46A-14-66 Annual maintenance of watershed project--Project schedule--Budgets.
46A-14-67 Annual operation and maintenance budget, provisions--Reserve fund.
46A-14-68 46A-14-68. Repealed by SL 1995, ch 253, § 10
46A-14-69 Budgeted operation and maintenance expense--Inclusion in tax assessment list.
46A-14-70 Budget--Operations and budget report--Publication--Hearing--Certification and collection of taxes and assessments.
46A-14-71 Contributions by board of county commissioners to watershed district supplies, labor, and equipment.
46A-14-72 Acquisition of real estate or easement therein by watershed district--Purchase--Condemnation, appraisal of premises involved.
46A-14-73 Contracts between district and others--Purposes--Referendum by voters where contract will require increased taxes or assessments.
46A-14-74 Funds of district--Deposit by secretary-treasurer in approved depository--Warrants.
46A-14-75 Claims against district--Payment by warrant or order--Registration.
46A-14-76 Services performed by county officials and Board of Water and Natural Resources free of charge.
46A-14-77 Annual reports of district engineer, secretary, and managers.
46A-14-78 46A-14-78 to 46A-14-79.1. Repealed by SL 2013, ch 228, §§ 51 to 53.
46A-14-80 Operation of watershed district, investigation by board--Hearings, order to correct detrimental operation--Enforcement of order by injunction.
46A-14-81 Dissolution of district where federal watershed project not certified infeasible--Special election--Notice--Ballots.
46A-14-82 Dissolution of district--Federal project not certified infeasible--Special election--Percent required to dissolve--Notice to creditors--Auction--Proration of funds remaining.
46A-14-83 Dissolution of district--Federal project not certified infeasible--Proposal defeated, three years before another vote on question.
46A-14-84 Request that federal project be certified infeasible.
46A-14-85 Dissolution of district where federal watershed project certified infeasible.
46A-14-86 Public hearing--Publication of notice.
46A-14-87 State Conservation Commission determination on proposed dissolution.
46A-14-88 Effective date of dissolution.
46A-14-89 Division and apportionment of funds and assets of dissolved district.
46A-14-90 46A-14-90. Repealed by SL 2013, ch 228, § 61.
46A-14-91 Vested rights protected.
46A-14-92 46A-14-92. Repealed by SL 2013, ch 228, § 62.
46A-14-93 46A-14-93, 46A-14-94. Repealed by SL 2012, ch 220, § 3, eff. Jan. 20, 2015.
CHAPTER 46A-15
MISSOURI RIVER DEVELOPMENT
46A-15-1 Cooperation with other governmental agencies in promotion and development--Authority of Governor.
46A-15-2 Disbursement of funds.
46A-15-3 46A-15-3. Repealed by SL 1988, ch 368.
46A-15-4 Improving navigation on Missouri river--Expenditure of funds by counties upon voter approval--Appropriations.
46A-15-5 Settlement of state claim relating to Pick-Sloan Missouri Basin Program authorized--Damages and obligations enumerated.
46A-15-6 Settlement framework--Short-term objectives.
46A-15-7 Long-term objectives.
46A-15-8 Authorization of additional future projects not precluded.
46A-15-9 Missouri River cost recovery program established as part of settlement--Use of revenue.
46A-15-10 Legislative finding as to Missouri River cost recovery program--Authorized as preferred, priority state objective.
46A-15-11 Missouri River cost recovery authority established--Recommendation of options by authority--Limits on recommended options.
46A-15-12 Composition of authority--Chairman--Submission of recommendations--Dissolution.
46A-15-13 Expenses of members--Staff services--Payment of expenses incurred.
46A-15-14 Governor authorized to negotiate, make agreements, with federal government.
46A-16-1
South Dakota-Minnesota Boundary Waters Commission--Creation--Composition.
46A-16-2
Repealed.
46A-16-3
Legal advisers to commission.
46A-16-4
Plan for controlling levels of boundary waters.
46A-16-5
Hearings on desirable water level and plan of regulation--Orders.
46A-16-6
Hearings by commission--Time and place--Publication of notice--Final orders of
commission, publication.
46A-16-7
Orders to further purposes of chapter.
46A-16-8
Investigations, surveys and hearings--Procedure for conduct.
46A-16-9
Order of determination of commission regulating water levels--Appeal by aggrieved
party to circuit court--Notice of appeal, service--Appeal from judgment of district
court to Supreme Court.
46A-16-10
Injunction restraining violation of order or notice of commission.
46A-16-11
Expenses not to be incurred without adequate appropriation.
46A-16-12
Construction of artificial controls to maintain boundary water levels.
46A-16-13
Big Stone lake water level--Maintenance, operation, and discharge limitation of Big
Stone control dam.
46A-16-14
Concurrence of Minnesota necessary to make chapter effective.
46A-16-15
Lake protection and rehabilitation projects--Commission powers.
46A-16-16
Local advisory committees for lake projects.
46A-17-1
Compact with Wyoming--Ratification and approval--Text of compact.
46A-17-2
Effective date of compact--Notice of ratification.
CHAPTER 46A-18
WATER PROJECT DISTRICTS
46A-18-1 Legislative findings and policy.
46A-18-2 Petition to submit to an election the establishment of water project district.
46A-18-2.1 Voting restricted to qualified voters.
46A-18-2.2 Conditions for specifying qualified voter of district or director division is owner of real property located within district or director division.
46A-18-3 46A-18-3. Repealed by SL 1990, ch 366, § 2.
46A-18-4 Petition--Contents.
46A-18-5 46A-18-5. Repealed by SL 1998, ch 36, § 73.
46A-18-6 Lands includable in district.
46A-18-7 Organization of district within or partly within boundaries of another district.
46A-18-8 Directors to be elected at large or from divisions--Establishment of division boundaries.
46A-18-9 Election of directors--Procedure--Terms.
46A-18-10 Signatures required on petition--Number.
46A-18-11 46A-18-11. Repealed by SL 1998, ch 36, § 75.
46A-18-12 Petition--Maps and documents to accompany filing.
46A-18-13 Petition examined by board--Investigation--Payment of estimated costs--Representation of petition.
46A-18-14 Findings by board--Dismissal or approval of petition--Election date after approval.
46A-18-15 Notice of petition and election--Publication--Contents.
46A-18-16 46A-18-16 to 46A-18-19. Repealed by SL 1998, ch 36, §§ 78 to 81.
46A-18-20 Establishment of district--Vote required.
46A-18-20.1 Payment of election costs.
46A-18-21 Initial district directors.
46A-18-22 Organization of directors--Chairman--Secretary-treasurer.
46A-18-23 Annual district meeting--Election of directors.
46A-18-24 Notice of annual meeting and election.
46A-18-25 Nominating petitions for directors.
46A-18-26 Director vacancies--Filling.
46A-18-27 Boundary adjustments.
46A-18-28 Annexation or withdrawal of areas.
46A-18-29 Combining districts.
46A-18-30 Combining districts--Certification of creation.
46A-18-31 Corporate powers vested in directors.
46A-18-32 Powers of district.
46A-18-33 Oath of directors.
46A-18-34 Employment of personnel--Bonds.
46A-18-35 Indemnification of officers, employees, and agents.
46A-18-36 Compensation and reimbursement of expenses--Directors--Vouchers.
46A-18-37 Duties of directors.
46A-18-38 Powers of directors.
46A-18-39 District control over water rights.
46A-18-40 Plan for improvements--Contents.
46A-18-41 Priority of projects--Reports by engineer on each project--Contents.
46A-18-42 Examination, hearing, and resolution on project--Financing.
46A-18-43 Financing determined in resolution.
46A-18-44 Publication of resolution--Notice of hearing--Apportionment of benefits.
46A-18-45 Election to approve financing--Vote required.
46A-18-46 Limitation of general tax levies and special assessments.
46A-18-47 Eligibility to vote on tax levies and assessments.
46A-18-48 Municipality contracting for payments to district--Election required.
46A-18-49 Tax levy or assessment resolution--Filing--Collection.
46A-18-50 Assessed valuation.
46A-18-51 Delivery of tax collections to district.
46A-18-52 Review of tax levies.
46A-18-53 Warrants issued in anticipation of tax or special assessment collections.
46A-18-54 46A-18-54. Repealed by SL 1990, ch 366, § 15.
46A-18-55 Special election on additional taxes or special assessments--Eligibility to vote.
46A-18-56 Operation and maintenance of completed projects--Budget.
46A-18-57 Reserve fund for extraordinary maintenance or operation.
46A-18-57.1 Reserve fund for project development and construction.
46A-18-58 46A-18-58. Repealed by SL 1995, ch 253, § 20.
46A-18-59 Levies for operation and maintenance.
46A-18-60 Certification of taxes and assessments--Collection--Deposit and disbursement of proceeds.
46A-18-61 Acceptance of grants and gifts.
46A-18-62 County contributions to districts.
46A-18-63 Acquisition of real property and easements--Condemnation.
46A-18-64 Contracts and arrangements by district authorized.
46A-18-65 Contracts to furnish water--Other contracts.
46A-18-66 Pledge of security for obligations--Revenue.
46A-18-67 Depository for district funds.
46A-18-68 Claims against district--Payment by warrant or order--Registration.
46A-18-69 Services provided without charge to district.
46A-18-70 46A-18-70, 46A-18-71. Repealed by SL 1995, ch 253, §§ 22, 23.
46A-18-71.1 Repealed.
46A-18-72 Investigation of district operations--Hearing--Order for correction.
46A-18-73 Municipalities' powers as to waterworks unaffected.
46A-18-74 Petition for dissolution of district--Election--Notice--Ballots.
46A-18-75 Vote required for dissolution--Winding-up procedure.
46A-18-76 Resolution dissolving district--Filing.
46A-18-77 Satisfaction of obligations outstanding after dissolution.
CHAPTER 46A-19
RIVER BASIN NATURAL RESOURCE DISTRICTS [REPEALED]
46A-19-1 Repealed.
46A-19-2 Repealed.
46A-19-3 Repealed.
46A-19-4 Repealed.
46A-19-5 Repealed.
46A-19-6 Repealed.
46A-19-7 Repealed.
46A-19-8 Repealed.
46A-19-9 Repealed.
46A-19-10 Repealed.
46A-19-11 Repealed.
46A-19-12 46A-19-12 to 46A-19-15. Executed.
46A-19-16 Repealed.
46A-19-17 Repealed.
