South Dakota § 46A-9-4 - Petition for organization of district--Filing with and approval by board--Contents.

§ 46A-9-4. Petition for organization of district--Filing with and approval by board--Contents.

A water user district may be organized under the provisions of this chapter by filing in the Department of Agriculture and Natural Resources a petition in compliance with the requirements set forth in this section, and the approval of the petition by the Board of Water and Natural Resources as provided in this chapter. The petition shall be addressed to the Board of Water and Natural Resources and shall state in substance that it is the intent and purpose of the petitioners to create a district under the provisions of this chapter, subject to approval by the board. The petition shall contain:

(1)    The name of the proposed district;

(2)    The object and purpose of the system proposed to be constructed or acquired, together with a general description of the nature, location, and method of operation of the proposed works;

(3)    A description of the lands constituting the proposed district and of the boundaries of the proposed district, and the names of any municipalities included partly or wholly within the boundaries of the proposed district;

(4)    The location of the principal place of business of the proposed district;

(5)    A statement that the proposed district does not have the power to levy taxes or assessments;

(6)    The number of members of the board of directors of the proposed district, which may not be less than five nor more than thirteen, a statement as to whether the directors shall be elected at large or shall be apportioned to election divisions and elected by the voters of the election divisions, the names and addresses of the members who shall serve until their successors are elected and qualified as provided in this chapter, and if election divisions are provided for, the respective divisions which the directors are to represent. The persons named in the petition as directors shall be owners of land or entrymen within the district, and, if election divisions are provided for, they shall be owners of land or entrymen within the respective divisions they are to represent.

Source: SL 1939, ch 291, § 4; SL 1943, ch 310; SDC Supp 1960, § 61.1304 (1); SDCL § 46-16-4; SL 1974, ch 286, § 3; SL 1992, ch 60, § 2; SL 2011, ch 165, § 465; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.