§ 46A-11A-5 — Parties to drainage dispute, property owners, and governmental entities affected by drainage activity--Meeting notice--Publication of public notice.

South Dakota § 46A-11A-5

• Jurisdiction: South Dakota
• Title 46A: WATER MANAGEMENT
• Ch. 46A-11: MEDIATION OF DRAINAGE DISPUTES

Text

The requesting party shall promptly provide to the Department of Agriculture and Natural Resources, upon the agreement of at least two parties to enter into the mediation program created under this chapter, a list of other parties to the drainage dispute and any property owner and any county, municipality, township, or any agency of state or federal government reasonably determined by the requesting party to be affected by the drainage activity. The Department of Agriculture and Natural Resources shall send a mediation meeting notice to the identified parties, setting a time and place for an initial mediation meeting between the parties to the dispute and a mediator. This notice shall be in conjunction with a public notice of the mediation by the Department of Agriculture and Natural Resources that shall be published once each week for two consecutive weeks in one of the official newspapers designated by the county or counties where the real property involved in the drainage dispute is located. The last publication shall be published before the initial mediation meeting. The unintentional failure to notify any party who may potentially be impacted by the drainage activity may not prevent the mediation from being scheduled or completed. No notice is necessary to any property owner within the boundaries of a municipality.

Legislative History

SL 2015, ch 226, § 5; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.