§ 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
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Terms Used In South Dakota Codified Laws > Title 46A > Chapter 9 - Water User 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.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • 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.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • 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.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • 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
  • Personal property: All property that is not real property.
  • Personal property: includes money, goods, chattels, things in action, and evidences of debt. See South Dakota Codified Laws 2-14-2
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • 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.
  • Statute: A law passed by a legislature.
  • 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