A watershed district created under the provisions of this chapter, to the extent necessary for lawful purposes as provided in this chapter, may:

(1) Sue and be sued;

Terms Used In South Dakota Codified Laws 46A-14-34

  • 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.
  • 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.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2

(2) Incur debts, liabilities, and obligations;

(3) Exercise the power of eminent domain only if it is necessary to carry out an approved plan;

(4) Levy a tax not to exceed one dollar per thousand dollars of taxable valuation against the landowners’ land and buildings as provided in this chapter;

(5) Provide for other taxes and assessments;

(6) Borrow money and issue certificates, warrants, and bonds;

(7) Make surveys or use other reliable surveys and data and develop projects to accomplish the purposes for which the district is organized;

(8) Cooperate or contract with any individual, person, state, state agency, political subdivision of a state, federal agency, or private or public corporation;

(9) Construct, clean, repair, alter, abandon, consolidate, reclaim, or change the course or terminus of any public ditch, drain sewer, river, watercourse, natural or artificial, within the district, in cooperation with other agencies having prior jurisdiction;

(10) Acquire, lease, operate, construct, and maintain dams, dikes, reservoirs, and pertinent works;

(11) Acquire by gift, lease, purchase, or eminent domain necessary real and personal property;

(12) Contract for purchase of insurance for protection of the district as necessary;

(13) Establish and maintain devices for acquiring and recording hydrological data;

(14) Enter into all contracts of construction authorized by this chapter; and

(15) Perform all acts expressly authorized in this chapter and all other acts necessary and proper for carrying out and exercising the powers expressly vested in the district.

Source: SL 1957, ch 492, § 13; SL 1959, ch 452, § 11; SDC Supp 1960, § 61.1513 (1); SDCL § 46-24-34; SL 1988, ch 367, § 3; SL 2013, ch 228, § 26.