PROPOSAL FOR FORMATION OF THE INNER LAKES WATER PROJECT
DISTRICT
BY INTER LAKES WATER
QUALITY COMMITTEE
The Inter Lakes Water Quality
Committee, composed of representative from Brant Lake Development Association,
the Lake Madison Development Association, and representatives from Round Lake,
proposes that a water project district be formed in 2008. Representatives from Lake Herman
participated in the discussions but are not proposed to be in the district at
this time. The proposed district would
provide lake residents with a government structure through which to raise
money, except grants and implement projects to preserve and enhance water
quality of our lakes included in the district and the lakes' watersheds. The information below describes special districts
and the proposal in more detail.
We recommend the lake association
boards, members and property owners from the proposed area discuss this
proposal and give their feedback and recommendations to the Inter Lakes Water
Quality Committee. This proposal has
the endorsement of the Brant Lake and Lake Madison Development Associations.
Background:
Special purpose districts:
State governments, including South
Dakota, have provided laws to create special purpose governmental districts to
address specific needs. Examples of
such special purpose districts are:
school districts, fire protection districts, rural ambulance districts,
sanitary sewer districts, road districts, irrigation districts, water user
districts, watershed districts and water project districts.
Special purpose districts have three
common components:
·
They all
have an elected governance;
·
They all
have specific legal powers to carry out their purposes; and
·
They all
have limited powers to levy taxes, receive governmental and private grants and
borrow money for funding-approved projects.
Water project districts:
In 1984, the South Dakota state
legislature authorized the formation of water project districts with the
following legislative findings:
"Conservation, management and development
of the state's water resources are vital to the public interest, welfare,
convenience and necessary and require, in some circumstances, the creation of
water project districts for the purpose of sponsoring and implementing water
projects for the conservation, storage, distribution and utilization of water
and the prudent management of water resources."
Powers allowed for project districts:
·
Levy taxes
up to $1.00 per $1,000.00 of taxable valuation;
·
Levy
special assessments only if approved by a 60% vote of landowners;
·
Borrow,
bond, issues warrants and receive grants from governmental and private parties;
·
Sue and be
sued and enter into contracts;
·
Exercise
power of imminent domain;
·
Other acts
necessary to carry out the powers of the district.
We have retained legal counsel to
draft a petition to establish a water protection district. The petition would follow the requirements
of South Dakota law but would contain the following:
(A) The
name of the proposed district would be:
Inter Lakes Water Project District
(B) The
general purposes of the proposed district would read: "In general terms,
the purposes of the contemplated improvements are to protect and enhance the
lands, recreational resources, investments, water quality, public health and
safety and general welfare and economy of the people of the district and the
watershed of all lakes in the district".
(C) The
types of projects or work the district may undertake could include but not be
limited to:
·
Reducing
sedimentation of the lakes and streams and tributaries within the district and
its watershed.
·
Reducing
runoff of nutrients and other pollutants entering the streams, tributaries and
lakes within the district and its watershed in order to improve water quality.
·
Restoring
stream banks and creating riparian buffer zones around the lake and the streams
and tributaries entering the lakes in order to control erosion of land and
enhance water quality.
·
Constructing
grass waterways and other conservation measures within the district and its
watershed that would reduce runoff of nutrients, pollutants and sediment.
·
Repairing
and constructing small damns, dikes, culverts and other projects to manage
water flow and reduce sedimentation and runoff.
·
Removing
carp from the lake and the district to improve water quality.
·
Dredging
bodies of water or streams in the district as appropriate to reduce
sedimentation in the lakes within the district.
·
Reducing
storm runoff that contributes to sedimentation and water pollution.
·
Monitoring
water quality in the lakes, streams and tributaries in the district and its
watershed.
·
Reducing
the level of E. coli and coliform
bacteria to levels safe for recreational use of the waters in the district.
·
Conducting
activities to educate the public on ways to improve water quality in our lakes
and streams.
·
Clean up,
as needed, major fish winter kills, if any.
(D) The
water project district would include all real property included in the Brant
Lake Sanitary District and the Lake Madison Sanitary District.
(E) The
district and its office would be located in Lake County, South Dakota.
(F) The
district would be governed by a five-person elected Board of Directors.
(G) The
lake associations and Inter Lakes Water Quality Committee will circulate the
enclosed petition and with a goal of obtaining the signatures of 25% of the
registered voters residing within the proposed water project district as
required by South Dakota law for a vote on formation of the district.
(H) The
petition would be submitted to the State Board of Water and Natural Resources
in September 2008. The State Board
would then have up to 90 days in which to approve or reject the petition.
(I) If
the Board approves the petition, an election would be held within 60 days. A majority (SDCL 6-16-5) of registered
voters voting would be required for approval of the district. Only registered voters living within the
boundaries of the proposed district would be eligible to vote. The vote would be noticed by the Lake County
Auditor to be held within the proposed district with the Lake County Auditor
conducting the election.
(J) If
a majority of participating voters approve formation of the Inter Lakes Water
Project District, the voters, after the initial meeting, could then elect a
permanent Board of Directors. Directors
would be divided into three groups:
Group one to serve a three-year term; Group two to serve a two-year
term; and Group three to serve a one-year term. Thereafter, vacancies would be filled by election at the annual
meeting of the Water Project District.
If you would like to do more
research on water project districts see SDCL 46(a)-18 and SDCL 6-16. These chapters are available online:
SDCL 48(a)-18
http://legis.state.sd.us/statutes/displaystatueaspx?type=statutesandstatute=46a-18
SDCL 6-16 http://legis.state.sd.us/statutes/displaystatueaspx?type=statutesandstatute=6-16