S.D. Codified Laws § 34A-5-41

Current through the 2024 Legislative Session

Section 34A-5-41 - Election on acquisition and operation of water system-Board powers on approval

The board of trustees of any sanitary district incorporated under this chapter may submit to the voters of the district at an annual election or a special election called and held in accordance with chapter 9-13 the question whether the district shall be authorized to acquire and operate a water system, or the application for incorporation filed in accordance with § 34A-5-6 may request such authority. Upon approval of the grant of such authority by a majority of the qualified electors voting on the question, or upon entry of the order incorporating the district if the application has requested such authority, the board of trustees may:

(1) Acquire and operate water mains, hydrants, intakes, wells, storage tanks and reservoirs, treatment plants, and all other facilities used or useful for the supply and distribution of water;

(2) Acquire and operate any of such facilities; and

(3) Contract for the service of any such facilities owned by the adjacent municipality or for the use of district facilities by the municipality.

In connection with all such matters the district and its board of trustees have all powers granted in this chapter with reference to sewer facilities. In the exercise of such powers the board of trustees may purchase any existing facilities used or useful in the exercise of such powers, or may contract for the construction of any such facilities in the manner provided in chapters 5-18A and 5-18B.

SDCL 34A-5-41

SL 1966, ch 146, § 3; SDCL § 34-17-34; SL 1992, ch 60, § 2; SL 2011, ch 2, §140; SL 2011, ch 165, §101.