Terms used in this chapter mean:

(1) “Conservation district,” a conservation district established in accordance with state law;

Terms Used In South Dakota Codified Laws 46A-14-2

  • 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.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2

(2) “District,” a proposed or existing watershed district as provided in this chapter;

(3) “Engineer,” an engineer designated by the managers to act as the engineer of the district;

(4) “Hearing,” a hearing scheduled and conducted by either the board of managers, conservation districts, or the Board of Water and Natural Resources, during which all interested parties shall be given a reasonable opportunity to be heard;

(5) “Initiating petition,” a petition as provided in this chapter for the creation or modification of a watershed district;

(6) “Interested party,” any public corporation or any person having an interest in the subject matter pending or involved and including the designated representative or any agency of government;

(7) “Landowner,” any owner of land, as evidenced by records in the offices of the register of deeds and the clerk of courts in the county containing a proposed or existing watershed district. If land is sold under a contract for deed that is of record in the office of the register of deeds in the county in which the land is situated, both the landowner and the individual purchaser of the land, as named in the contract for deed, are treated as a landowner;

(8) “Managers,” the board of managers of a watershed district;

(9) “Person,” a natural person, firm, partnership, association, limited liability company, or corporation, but not a public or political subdivision;

(10) “Public corporation,” a county, municipality, school district, or a political subdivision of the state, other than a watershed district; and

(11) “Work” or “works,” any construction, maintenance, repairs, or improvements of a watershed district.

Source: SL 1957, ch 492, § 2; SL 1959, ch 452, § 1; SDC Supp 1960, § 61.1502; SL 1965, ch 303, § 1; SDCL § 46-24-2; SL 1984, ch 297, § 1; SL 1988, ch 367, § 1; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 1992, ch 60, § 2; SL 1998, ch 36, § 57; SL 2013, ch 228, § 5.