The board may authorize a director, or an employee of the water user district whose responsibilities include approving, awarding, or administering a contract on behalf of the district, to be a party to a contract or derive a direct benefit from a contract with the district, if:

(1) The person provides a written disclosure of the person’s interest to the board;

Terms Used In South Dakota Codified Laws 46A-9-85

  • Contract: A legal written agreement that becomes binding when signed.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • 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

(2) The board reviews the terms of the contract and the person’s obligations and benefits under the contract;

(3) The board determines that the contract is fair and reasonable to the district and not contrary to the public interest; and

(4) The board adopts a resolution of approval that is in written form and retained as a public record.

Source: SL 2023, ch 152, § 1.