§ 46A-10A-1 Definitions
§ 46A-10A-2 County drainage commission–Appointment–Filling vacancies–Majority required to act–Ex officio members
§ 46A-10A-3 Term and removal of members
§ 46A-10A-4 Meetings
§ 46A-10A-5 Compensation of members
§ 46A-10A-6 Employment of personnel
§ 46A-10A-7 Assistance by units of state government–Expense reimbursement
§ 46A-10A-7.1 Maintenance of correspondence file–Correspondence marked with date of receipt–Term of retention
§ 46A-10A-8 State Water Management Board, districts, and existing water rights unaffected–Effect on drainage districts
§ 46A-10A-9 Joint drainage efforts by counties
§ 46A-10A-9.1 Petition for assistance in development of intercounty drainage plan–Board defined
§ 46A-10A-9.2 Meeting to develop mutually acceptable joint county drainage activities
§ 46A-10A-9.3 Recommendation, notice, and hearing before Water Management Board–Cost of publication–Implementation
§ 46A-10A-9.4 Limitation on effectiveness of action required by Water Management Board
§ 46A-10A-9.5 Action required by board to be included in county drainage plan–Not subject to referendum procedure
§ 46A-10A-10 Joint powers agreements by local units of government as to drainage
§ 46A-10A-11 Agreements for receipt of federal or state funds for drainage
§ 46A-10A-12 Municipality contracting with county for services–Fees
§ 46A-10A-13 Joint county-municipal drainage activities
§ 46A-10A-14 Board to provide funds, equipment, and accommodations for county drainage activity
§ 46A-10A-15 Adoption of emergency drainage measures–Hearing–Notice–Limited term–Renewal
§ 46A-10A-16 County drainage plan–Preparation–Adjuncts–Considerations
§ 46A-10A-17 Purposes of drainage plan
§ 46A-10A-18 Drainage projects and coordinated drainage areas authorized
§ 46A-10A-19 Maps authorized
§ 46A-10A-20 Legal controls for drainage management–Right to continue existing drainage
§ 46A-10A-21 Official controls not limited
§ 46A-10A-22 Publication of notice of hearing on proposed drainage plan
§ 46A-10A-23 Board action on plan by ordinance or resolution
§ 46A-10A-24 Filing and publication of board action on plan–Effective date of plan–Public inspection
§ 46A-10A-25 Petition for election on adoption of plan–Notice of election–Ballots–Suspension of effective date–Inconsistent drainage efforts prohibited
§ 46A-10A-26 Rejection of plan by voters–Revision, filing, and publication
§ 46A-10A-27 Filing copy of adopted official control
§ 46A-10A-28 Approval required for rehabilitation or construction of drain covered by plan–Board review of commission decision
§ 46A-10A-29 Failure of commission to act as approval–Extension of period by board
§ 46A-10A-30 Permit system for drainage–Fee–Modification of drain or use of unrecorded right–Drainage without permit as misdemeanor–Civil penalty
§ 46A-10A-31 Recording existing drainage rights–Information required–Disputing rights–Appeals–Recording final decision
§ 46A-10A-31.1 Notice of recording requirements
§ 46A-10A-31.2 Local governments exempt from recording requirements
§ 46A-10A-32 Copy of recorded vested right to department
§ 46A-10A-33 Enforcement of chapter and official controls
§ 46A-10A-34 Adjudication functions of commission or board
§ 46A-10A-34.1 Board of adjudication by mutual agreement–Jurisdiction
§ 46A-10A-35 Appeals from commission and board–Time allowed–Commencing action in circuit court
§ 46A-10A-36 Regulation and elimination of nonconforming drains
§ 46A-10A-37 Amendment and repeal of drainage plan–Request by petition
§ 46A-10A-38 Petition by landowner for change of drainage restrictions–Notice to directly affected persons
§ 46A-10A-39 Hearing on petition–Commission recommendation to board
§ 46A-10A-40 Affected person’s right to be heard–Resolution adopting or rejecting proposal–Review, publication, and effective date of adoption–Election
§ 46A-10A-41 Drainage plan or official controls for municipality–Approval or contract by municipality required for effectiveness
§ 46A-10A-42 Jurisdiction of incorporated municipality
§ 46A-10A-43 Drainage district continuation and dissolution–County plan to include districts, vested rights and plans or projects of local government units and coordinated drainage areas
§ 46A-10A-43.1 Petition for future maintenance of drain jointly and voluntarily maintained by landowners within ten years of July 1, 1985
§ 46A-10A-43.2 Signing of petition–Contents
§ 46A-10A-43.3 Presentation of petition–Filing–Transmittal to Department of Agriculture and Natural Resources–Hearing
§ 46A-10A-43.4 Opportunity to appear at hearing–When granted–Resolution by board as to maintenance of drain
§ 46A-10A-44 Recommendation that state’s attorney seek injunction or other court action to prevent or abate violation
§ 46A-10A-45 Mandamus proceedings authorized
§ 46A-10A-46 Control of drainage construction, rehabilitation, or methods–Approval of board
§ 46A-10A-47 Coordinated drainage area–Application for establishment–Inconsistency with county plan or controls barring formation–Validity of information in county in process of adopting plan or controls
§ 46A-10A-48 Survey and map of proposed coordinated drainage area required–Availability for examination
§ 46A-10A-49 Form, verification, signatures, filing, and presentation of application for establishment of area
§ 46A-10A-50 Order establishing area subject to voters’ approval–Notice of election–Exemption from election requirement
§ 46A-10A-51 Publication of election notice
§ 46A-10A-52 Hours polls open–Costs of election
§ 46A-10A-53 Establishment of area effective on voters’ approval–Waiting period after rejection by voters
§ 46A-10A-54 Appointment and duties of election officers–Order declaring area established–Conclusiveness of order
§ 46A-10A-55 Expenditure of county funds for application for coordinated drainage area–Assessment of costs from benefiting landowners
§ 46A-10A-56 Public lands subject to drainage laws–Service of notices–Appearance by board or officer in charge
§ 46A-10A-57 Responsibilities for drainage projects
§ 46A-10A-58 Signatures required for board action on drainage project petition
§ 46A-10A-59 Contents of drainage project petition
§ 46A-10A-60 Presentation and filing of petition–Time for board action–Copy to department
§ 46A-10A-61 Survey and report contracted by board–Contents–Right of entry–Copy to department
§ 46A-10A-62 Survey report to be written–Inspection–Scheduling hearing–Notice requirements
§ 46A-10A-63 Appearances at hearing–Establishment of project–Variation from report–Adjournment of hearing–Notices
§ 46A-10A-64 Assistance by department–Reimbursement of expenses
§ 46A-10A-65 Denial of petition or establishment of project–Findings required
§ 46A-10A-66 Assessments authorized–Expenses paid
§ 46A-10A-67 Acquisition of easements
§ 46A-10A-68 Damages due to project–Determination–Hearing–Appeal
§ 46A-10A-69 Naming project–Record of proceedings
§ 46A-10A-70 Permissible drainage of land
§ 46A-10A-71 Drains along or across highways
§ 46A-10A-72 Open ditches restricted along highways
§ 46A-10A-73 Drains along and across railroads–Costs
§ 46A-10A-74 Construction of drainage facilities across railroads–Costs
§ 46A-10A-75 Construction contracts–Bids–Preference of landowners–Bond of contractor–Construction without contract
§ 46A-10A-76 Highway bridges and culverts–Construction–Maintenance–Modification–Costs
§ 46A-10A-77 Construction and contracting powers of board
§ 46A-10A-78 Maintenance and improvement of existing drains, watercourses, and levees
§ 46A-10A-79 Apportionment of original cost to annexed area when project extended
§ 46A-10A-80 Maintenance of drains–Assessment of costs
§ 46A-10A-81 Jurisdiction of improved existing drain–Maintenance–Assessments
§ 46A-10A-82 Maintenance without notice–Actions authorized
§ 46A-10A-83 Petition for repair or improvement of drain
§ 46A-10A-84 Repairs without contract–Cost reimbursement
§ 46A-10A-85 Replacing drain as repair
§ 46A-10A-86 Improvements–Survey and cost estimate–Ordering without notice
§ 46A-10A-87 Improvements requiring notice and hearing–Reclassification of benefits–Appeal
§ 46A-10A-88 Assessment of maintenance and improvement costs
§ 46A-10A-89 Maintenance and assessments for drainage work in more than one county
§ 46A-10A-90 Injury or obstruction of drainage as misdemeanor–Civil liability
§ 46A-10A-91 Drain or watercourse constructed to prevent entry of water as nuisance–Exception
§ 46A-10A-92 Abandonment of project–Procedure
§ 46A-10A-93 Approval required to alter drainage rights established with federal or state funds
§ 46A-10A-94 Accounts of expenditures maintained–Inspection
§ 46A-10A-95 Appeal by state as to public lands
§ 46A-10A-96 Stay of proceedings on appeal–Bond–Damages
§ 46A-10A-97 Costs on appeal
§ 46A-10A-98 Drainage district management by Board of Trustees
§ 46A-10A-99 Petition for election
§ 46A-10A-100 Election meeting–Appointments
§ 46A-10A-101 Publication of notice of election–Votes by proxy
§ 46A-10A-102 Election board to procure district records preceding election–Elected trustees to act as record custodians–Updates to district records
§ 46A-10A-103 Voting rights of title holder
§ 46A-10A-104 Landowner or joint landowners entitled to one vote collectively–Voting rights of minor or protected person
§ 46A-10A-105 Voting through agent or proxy–Power of attorney to specify election for which it is used–Delivery of power of attorney
§ 46A-10A-106 Superintendent’s responsibilities–Manner and purpose of elections
§ 46A-10A-107 Ballots and poll list–Ballot delivery
§ 46A-10A-108 Vote count–Determination of election results–Election materials to be retained for sixty days
§ 46A-10A-109 Results of election to determine length of term
§ 46A-10A-110 Trustees to appoint superintendent and clerks for subsequent election board–Determination of compensation of election board
§ 46A-10A-111 Succeeding annual trustee elections
§ 46A-10A-112 Trustee qualifications
§ 46A-10A-113 Appointment to fill vacancy
§ 46A-10A-114 Compensation of trustees and clerk of board–Filing requirements
§ 46A-10A-115 Election of chair and clerk of board
§ 46A-10A-116 Powers and duties of board of trustees
§ 46A-10A-117 Costs and expenses–Levy
§ 46A-10A-118 Assessment on real property
§ 46A-10A-119 Tax–Tax fund
§ 46A-10A-120 Issuance of improvement certificates and drainage bonds
§ 46A-10A-121 Record of official acts and proceedings–Filing of financial report–Examination of report
§ 46A-10A-122 Grievances–Mediation
§ 46A-10A-123 Special election–Notice
lawyer at desk

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In South Dakota Codified Laws > Title 46A > Chapter 10A - County Drainage

  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • 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.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • 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.
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • 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.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • 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.
  • Ex officio: Literally, by virtue of one's office.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • 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.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trustee: A person or institution holding and administering property in trust.
  • 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