46A-4-12. Change in proposed boundaries by board--Exclusion of certain lands from district.The Board of Water and Natural Resources may make changes in the proposed boundaries as it deems proper and shall exclude from the district proposed by the petitioners land that is not susceptible of irrigation by the proposed system of works. The board may not allow land which will not be benefited by irrigation by the system of works or a portion thereof to be included in the proposed district. Upon written request by an owner or entryman before the board's hearing on the question of formation, the board shall exclude the owner's or entryman's land from the proposed district. Source: SDC 1939, §61.0802; SL 1947, ch 417, §2; SDCL §46-12-12; SL 1984, ch 294, §12; SL 2011, ch 165, §335.
South Dakota Legal Code