§ 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-4-8 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-4-12 Change in proposed boundaries by board–Exclusion of certain lands from district
§ 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-4-17 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-4-30 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
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Terms Used In South Dakota Codified Laws > Title 46A > Chapter 4 - Organization, Boundaries and Dissolution of Irrigation Districts

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Oath: A promise to tell the truth.
  • Oath: includes affirmation. See South Dakota Codified Laws 2-14-2
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Quorum: The number of legislators that must be present to do business.
  • Seal: includes an impression of the seal upon the paper alone, as well as upon wax or a wafer affixed to the paper, and also the word "seal" written or printed on such paper. See South Dakota Codified Laws 2-14-2
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2