46A-18-2Petition to submit to an election the establishment of water project district.

Persons desiring to establish an area as a water project district may petition the Board of Water and Natural Resources to submit to an election the question of whether such area shall become a water project district.

Source: SL 1984, ch 293, § 2.




SDLRC - Codified Law 46A-18-2 - Petition to submit to an election the establishment of water project district.

46A-18-2.1Voting restricted to qualified voters.

Except as provided in § 46A-18-2.2, and except as otherwise provided in this chapter, no person may vote in any election held pursuant to this chapter unless the person is a qualified voter of the water project district. A qualified voter of the district is a person who is a registered voter and a resident of the district. If the election is conducted based on director divisions, no person may vote in the election unless the person is a qualified voter of the person's respective director division. A qualified voter of a director division is a person who is a registered voter and a resident of the director division.

Source: SL 2007, ch 257, § 1; SL 2011, ch 35, § 3.




SDLRC - Codified Law 46A-18-2 - Petition to submit to an election the establishment of water project district.

46A-18-2.2Conditions for specifying qualified voter of district or director division is owner of real property located within district or director division.

If fewer than one hundred fifty persons reside within the boundaries of an existing water project district on July 1, 2011, the board of directors of the district may, by a resolution adopted not later than July 1, 2014, specify that a qualified voter of the district or director division is an owner of real property located within the district or director division, rather than a registered voter and resident of the district or director division.

For purposes of this section, the term, owner of real property, includes any person listed as the owner of real property in the records in the office of the register of deeds of the county in which the property is located. If real property is sold under a contract for deed that is of record in the office of the register of deeds, the purchaser of the real property, as named in the contract for deed, is treated as the owner. A landowner or joint landowners who own a tract of land within the district are entitled to one vote collectively. The vote of any person who is a minor or a protected person as defined by § 29A-5-102, may be cast by the parent, conservator, or legal representative of the minor or protected person.

Source: SL 2011, ch 35, § 4.