April 14, 1975
Mr. Vern W. Butler, Secretary
Department of Natural Resource Development
Office Building Number 2
Pierre, South Dakota 57501
OFFICIAL OPINION NO. 75-69
Authority of conservancy subdistrict to call referendum
Dear Mr. Butler:
You have asked whether a conservancy subdistrict, established in accordance with chapter 46-18, has the authority to call a referendum on its actions regarding the Oahe project.
The powers of the conservancy subdistricts are set out in chapter 46-18. These are the only powers that conservancy subdistricts have. SDCL 46-18-10 permits a referendum on the adjustment of subdistrict boundaries and on subdistrict dissolution. However, such adjustment or dissolution cannot affect long-term contractual obligations of the subdistrict. 1961-62 AGR 100, 101.
Before a subdistrict can enter into a contractual obligation, an election must be held. SDCL 46-18-37 to 38. With respect to the Oahe project, such an election was held in 1968. Furthermore, this procedure was reviewed by the circuit and supreme courts, In re Oahe Conservancy Subdistrict, 83 S.D. 443, 185 N.W. 2d 682 (197), pursuant to SDCL 46-18-39 and 46-18-39.1.
There is no provision for further review or referendum on this matter. Therefore, it is my opinion that a conservancy subdistrict does not have the authority to call a referendum on the Oahe project or any of its actions.
Respectfully submitted,
WILLIAM J. JANKLOW
ATTORNEY GENERAL
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