South Dakota § 46A-5-26 - Liability for negligence in delivering or failure to deliver water--Notice to district chair--Time for service of notice and action.
Full text of South Dakota South Dakota Codified Laws § 46A-5-26 — Liability for negligence in delivering or failure to deliver water--Notice to district chair--Time for service of notice and action., with citation guidance and answers to common questions.
§ 46A-5-26. Liability for negligence in delivering or failure to deliver water--Notice to district chair--Time for service of notice and action.
Every irrigation district within this state is liable in damages for negligence in delivering or failure to deliver water to the users from its canal to the same extent as private persons and corporations if the person suffering damage, within thirty days after such negligence or failure, serves a notice in writing on the chair of the board of directors of the district, setting forth the acts or omissions on the part of the district which it is claimed constitute such negligence or failure, and that the person expects to hold the district liable for whatever damages may result. Such action may be brought not later than one year from the time the cause of action accrues.
Source: SDC 1939, § 61.0853; SDCL § 46-13-26; SL 2011, ch 165, § 389.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 46A-5-26
What does South Dakota Codified Laws § 46A-5-26 cover?
Section 46A-5-26 ("Liability for negligence in delivering or failure to deliver water--Notice to district chair--Time for service of notice and action.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 46A-5-26?
A common citation format is "South Dakota Codified Laws § 46A-5-26" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 46A-5-26 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.