Section 46A-4-80 - Subirrigated land--Relief from district assessments--Suspension order by boardof directors, recording of certified copy of order with register of deeds. - South Dakota Statutes

46A-4-80. Subirrigated land--Relief from district assessments--Suspension order by board of directors, recording of certified copy of order with register of deeds. If any tract of land, or any part thereof, to which such water right attached shall at any time become subirrigated, to the extent that water is no longer of any benefit thereon for irrigation purposes, the owner or entryman thereof may make application to the irrigation district board to relieve such land so subirrigated from the district assessment as provided in chapter 46A-7, releasing in such application all claim to such water right as may belong to or has been applied to or upon such land, until such time as such land may be drained and water for irrigation is again beneficial; and such landowner or entryman may apply for a permit to transfer such water right to any other lands to which the same may be beneficially applied and to have such new or additional tract included within the boundaries of such district as provided by law and the exclusion of such lands and the inclusion of the new tract as herein contemplated. The board may thereupon make the appropriate order of suspension of assessments, of the exclusion and inclusion of the lands and the transfer of the water right. A certified copy of such order shall be recorded in the office of the register of deeds in the county in which such land is situated, and thereafter all the obligations against the land from which such water right has been taken, arising by reason of such water right, shall thereupon be canceled and such obligation shall follow and attach with such water right to the land so included, if any.

Source: SDC 1939, § 61.0809; SDCL, § 46-12-75.