State of South Dakota
LEGISLATIVE ASSEMBLY, 2012
|723T0567||SENATE AGRICULTURE AND NATURAL RESOURCES ENGROSSED NO. SB 83 - 1/26/2012|
Introduced by: Senators Tidemann, Brown, Frerichs, Haverly, Novstrup (Al), Peters, Putnam, Rhoden, and Vehle and Representatives White, Brunner, Carson, Dennert, Kirkeby, Kopp, Moser, Munsterman, Perry, Sigdestad, Street, Wink, and Wismer
of an act establishing it as a water development district.
Section 2. That § 46A-3A-3 be amended to read as follows:
46A-3A-3. The East Dakota Water Development District is hereby established. The East Dakota Water Development District includes all of Minnehaha, Moody, Lake, Kingsbury, Brookings, Hamlin, Deuel, Codington and Grant counties; Grafton, Belleview, Adams, Henden, Howard, Clearwater, Canova and Vermillion townships in Miner County;
Kosciusko, Raritan, Grenville, Webster, Racine, Waubay, Rusk, Morton, Central Point,
Highland, Wheatland, and Egeland townships in Day County; and all municipalities that are
wholly or partially within the included area or that are contiguous to the included area.
Section 3. That § 46A-3A-4 be amended to read as follows:
46A-3A-4. The James River Water Development District is hereby established. The James River Water Development District includes all of Brown, Spink, Beadle, Sanborn, Davison,
Hand, Hanson, Hutchinson, Marshall, and Yankton counties; Farmington, Homer,
Independence, Andover, Union, Lynn, Bristol, Kidder, Scotland, Valley, Butler, Oak, Troy, and
York townships in Day County; Redstone, Carthage, Miner, Green Valley, Clinton, Roswell,
Beaver, and Rock Creek townships in Miner County; and Pleasant Valley, Bristol, Belford,
Cooper, Firesteel, Palatine, Plankinton, Hopper, Pleasant Lake, Dudley, and Aurora townships
in Aurora County.
Section 4. That § 46A-3E-10 be amended to read as follows:
46A-3E-10. The board of directors of a water development district shall at the time of the organization of the board and annually thereafter on a date established by the district, but
later than before the first of September October, adopt a budget and prepare an operations and
budget report. The report shall present estimates and itemizations of all the expenses and
obligations of the water development district, including expenses of directors, expenses of
operating the office, debt service and retirement, and obligations and liabilities to the United
for which provisions must be made. Before approval of the budget by the district board
of directors, a public hearing shall be held. Notice of the hearing shall be published once each
week for two successive weeks in the water development district's official newspapers. The
notice shall state the time and place of the hearing, its purpose, and that at the hearing all
persons interested may appear, either in person or by representative, and be heard and given an
opportunity for a full and complete discussion of all items in the budget. With the first notice,
the budget shall be published in a form approved by the auditor general. At the conclusion of
the hearing, the water development district board may eliminate or amend any portion of the
budget before adoption.
Section 5. That § 46A-3E-11 be amended to read as follows:
46A-3E-11. Upon completion and adoption of a budget, a water development district board of directors shall make a tax levy or special assessment or both in dollars sufficient to fund the budget.
The Board of Water and Natural Resources may adopt rules pursuant to chapter 1-26
specifying standards and requirements for water development district budgets and defining
allowable amendments to approved budgets. Any tax levy made against the property in any
given county in a water development district shall be in an amount equal to the total water
development district tax levy in dollars multiplied by the county's proportional share. The
county's proportional share shall be determined by dividing the equalized assessed valuation of
the area within the water development district for that county by the total water development
district equalized assessed valuation. The provisions of § 10-12-34.1 may not prohibit
apportionment of the tax among the counties as provided in this section. No water development
district tax levy may be in excess of the limitation specified in chapters 46A-3A to 46A-3E,
inclusive, except as provided in § 46A-3E-1. Any tax levy shall be in the form of a resolution
adopted by a majority vote of the members of the board of directors of the water development
Section 6. That § 46A-3E-14 be amended to read as follows:
46A-3E-14. Appropriate tax collecting officials shall collect all water development district taxes and assessments, together with interest and penalty thereon, if any, in the same manner as the general taxes and assessments are collected and shall pay over monthly to the water development district treasurer all taxes so collected during the preceding month, with interest and penalties
, and shall immediately notify the secretary of the water development district of
such payment. The water development district treasurer shall immediately enter these receipts
to the credit of the depository accounts designated by the water development district board of
directors pursuant to § 46A-3E-10.
Section 7. That § 46A-3B-3 be amended to read as follows:
46A-3B-3. As soon as possible following each decennial census of population or any adjustment to a water development district boundary, the Board of Water and Natural Resources shall ascertain whether the number of board members should be adjusted, adjust the same, and redistrict water development district director areas to reflect changes in the population of the water development district so as to assure equitable representation of all areas within the water development district. The board may make adjustments to water development district director areas to reflect precinct changes made pursuant to chapter 12-14 if equitable representation of all areas remains assured.