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2006 South Dakota Attorney General Reports and Opinions 1 (2006)

handle is hein.sag/sagsd0003 and id is 1 raw text is: Official Opinion - Official Opinion 06-0 1, Water Project District Elections January 24, 2006 Mr. Gary Anderson President, TLC Water Project District 111 Railway Centerville, SD 57014 Re: Official Opinion 06-01 Water Project District Elections Dear Mr. Anderson: You have requested an opinion from this Office concerning the following factual situation: FACTS: Turner/Lincoln/McCook Water Project District (the District) is a political subdivision of the State of South Dakota formed pursuant to SDCL Chapter 46A-18. The District is granted statutory authority to fund projects out of its general operating income or through special assessments as found in SDCL 46A-18-32(5) and (6). As a condition precedent to the exercise of the authority granted by SDCL 46A-18-32, the District must comply with SDCL 46A- 18- 45. As the District interprets this statute, the use of special assessments and bonding beyond the current fiscal year would require an election to approve the particular financing methodology to be employed. SDCL 46A-18-47 indicates that approval of bonds or multi-year special assessments would require approval of thC voters. The first sentence of that statute states that registered voters are eligible to vote. The second sentence says that if special assessments are proposed, only those landowners subject to such assessments may vote*. but does not indicate that those landowners have to be registered voters. The statute does not appear to restrict this voting rilit to registered voters who own land within the District or who reside and are registered voters in the district. In ihe case of absentee landowners, while they may be registered voters, they may in fact be landowners residing OLItSide the District boundaries or the State of South Dakota. Based on these facts you have asked the following questions. QUESTION: For projects which require multi-year repayment by levy of taxes or special assessments, does SDCL 46A-18-47 require that registered voters have to be landowners in order to vote, and do such registered voters or landowners have to maintain their voting residence within the boundaries of the District? IN RE QUESTION: A water project district is a special purpose district devoted to the prudent management of water resources. It is a political subdivision which has only those powers specifically granted by the Legislature. together with those powvers necessarily implied to carry out the express authority. Sioux Falls Employees v. Sioux Falls, 233 N.W.2d 306 (S.D. 1975); AGR 87-33. A water project district has the authority to borrow money to construct projects by issuing bonds. Those bonds may be secured by a tax levy, by special assessments, or by a combination of both. SDCL 46A- 18-42. If the district tax levies or special assessments are obligated for longer than the current fiscal year. the linancing has to be approved by a 60% favorable vote in an election of the district's voters. SDCL 46A- 18-45. The essence of the question you pose is who may vote in such an election. SDCL 46A-18-47 provides: In the election provided in § 46A-18-45, registered voters are eligible to vote. If special assessments are proposed. only Page 1 of 4

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