February 13, 1985

Mr. Donald E. Covey 
Tripp County State's Attorney 
Post Office Box 1766 
Winner, South Dakota 57580

OFFICIAL OPINION NO. 85-09

Water user district status

Dear Mr. Covey:

You have requested an official opinion from this office in regard to the following factual situation:

FACTS: 

The Tripp County Water Users District has in excess of $100,000 on deposit with Ranchers National Bank of Winner.  The FDIC provides insurance up to $100,000.  Chapter 4-6A of the South Dakota Codified Laws provides insurance of public deposits to the extent not insured by the FDIC.  The aforementioned Water District is created under authority of SDCL Chapter 46A-9.

Based upon the above facts, you have asked the following question:

QUESTION: 

Is a water user district political subdivision of the State in the context of SDCL 4-6A-1?

SDCL 46A-9-17 indicates that all water user districts established prior to July 1, 1978, are considered to be political subdivisions.  Although this statute was passed to validate existing water user districts, there is no indication that the Legislature meant to treat water user districts formed after July 1, 1978, as anything other than political subdivisions.  Therefore, even though the facts submitted do not indicate when the Tripp County Water Users District was formed, the answer to your question is yes.  A water user district, regardless of when it was formed, is a political subdivision of this  State in the context of SDCL 4-6A-1.

Respectfully submitted,

Mark V. Meierhenry
Attorney General