Title 46A — WATER MANAGEMENT

The state consolidated water facilities construction program is hereby established. Under this program the Board of Water and Natural Resources may grant or loan funds from the water and environment fund or from the proceeds of its discretionary bond issues allowed by § 46A-1-31 …

In administering the consolidated water facilities construction program, the Board of Water and Natural Resources may loan or grant a sum equal to the construction cost as estimated by the board but not to exceed two million dollars to any project in the state water facilities pl…

The Board of Water and Natural Resources may establish by rules enacted pursuant to the provisions of chapter 1-26 criteria for the selection of water resources projects to receive loans or grants pursuant to § 46A-1-64 or to receive other loans or grants from the water and envir…

Loans made from the South Dakota Water and Environment Program by the South Dakota Conservancy District shall bear no interest until the Water Management Board has issued its final decision to grant a permit to appropriate water under chapter 46-5 or chapter 46-6 for the project …

Loans from the South Dakota water and environment fund shall be for a term of years established by the board but may not exceed forty years for construction loans except as provided in § 46A-1-69 , the useful life of the equipment for equipment loans, or seven years for loans for…

The provisions of § 46A-1-67 notwithstanding, repayment of any water project study loan that has been made or will be made pursuant to chapter 46A-1 by agreement between the South Dakota Conservancy District and any public or private entity may be deferred until the entity has ex…

Sections 46A-1-66 and 46A-1-67 notwithstanding, the terms and conditions for loans for the actual construction of water resources projects contained in the state water resources management system shall be set by an act of the Legislature. This section shall not apply to loans mad…

Any person who receives money from the state water and environment fund may deposit such money and any associated matching funds in the state treasury. Source: SL 1985, ch 354 , § 1; SL 1992, ch. 254, § 8.

Upon application to the Board of Water and Natural Resources by a party to the loan agreement, the board may suspend payment of any annual installment due on a loan made for the purpose of constructing an irrigation project when the board finds that because the prices of the crop…

The Board of Water and Natural Resources shall establish the statewide policy on all multi - purpose water facilities and shall maintain readiness to recommend significant factors to the Governor or a designated representative of the Governor concerning official comments on behal…

It is hereby required, for the purpose of financial reporting, each project to be owned and operated by the district will have its financial affairs, expenditures, and revenues, set out clearly in the financial statement and that the South Dakota auditor general will audit each p…

The Legislature finds that the proposed use of Madison formation water for widespread energy development in Wyoming presents an immediate threat to ground and surface water supplies and agricultural, domestic, environmental, and other beneficial water uses in western South Dakota…

Construction of a pipeline or aqueduct from a mainstream Missouri reservoir, the Missouri River itself, or adjacent aquifers to one or more communities in South Dakota is hereby authorized for a main delivery pipeline capable of delivering water sufficient to supply or supplement…

The South Dakota Conservancy District is hereby authorized to issue bonds for pipelines or aqueducts pursuant to § 46A-1-72 in an amount not to exceed five hundred million dollars. However, no single pipeline or aqueduct project may exceed an amount of seventy - five million doll…

Repealed by SL 1986, ch 291 , §§ 34 to 36 46A-1-78 Moratorium on Oahe project construction as public policy of state--Study of alternate projects--Negotiation of settlement for land losses. 46A-1-79

It is hereby declared to be the public policy and in the best interests of the State of South Dakota and its people that a moratorium be placed upon further construction of the Oahe Irrigation Project and the congressional authorization be retained until studies and negotiations …

Transferred to § 46A-1-63.1 46A-1-80

The objectives and purposes to be served by the Board of Water and Natural Resources shall be to resolve conflicting special interests of federal, state, and local agencies or entities or private interests in proposed water projects, including federal projects and the designation…

46A-1-80.1 Ownership of dredges and money transferred to South Dakota Lakes and Streams Association--Reversion. 46A-1-81 Amount of funds required for dredge maintenance and repair and other expenses. 46A-1-82 Environment and water resources trust fund established--Subfund. 46A-1-…

All interest, title, and rights of ownership in the two eight-inch dredges and one ten-inch dredge and associated equipment and any money are hereby transferred to the South Dakota Lakes and Streams Association, for use in the restoration of lakes and streams, with priority given…

The Board of Water and Natural Resources, in any contract with the local project sponsor of a dredging project, may establish the amount of funds required for dredge maintenance and repair and other expenses associated with the project, pursuant to section 1A of chapter 369 of th…

The South Dakota environment and water resources trust fund is hereby established. A separate trust subfund shall be created within the South Dakota water and environment fund established pursuant to §

46A-1-83.1

The state solid waste management program is hereby established. Under this program the Board of Water and Natural Resources may grant or loan such funds from the water and environment fund established pursuant to § 46A-1-60 for the purpose of solid waste planning and management. …

46A-1-83.3

The secretary may expend such sums as are deposited in the South Dakota environment and water resources trust fund pursuant to § 34A-6-1.17 by any large - scale solid waste disposal facility subject to the fee established in § 34A-6-1.17 as are necessary to conduct the inspection…

46A-1-85 46A-1-85 , 46A-1-85 .1. Repealed by SL 2005, ch 237 , §§ 14, 15. 46A-1-86

The Board of Water and Natural Resources shall promulgate rules pursuant to chapter 1-26 to award grants, loans, or other forms of financial assistance to sponsors of solid waste management projects. The rules shall base the awarding of grants or loans on a project's reflection o…

Obsolete 46A-1-87

46A-1-89

The Board of Water and Natural Resources may convert in whole or in part study loans authorized pursuant to § 46A-1-61 to grants. The conversion of study loans to grants is limited to projects that have been determined to be nonfeasible for development or to have insufficient rep…

46A-1-90

46A-1-10 Recommendations to Governor and Legislature as to facilities needed in water resources management system. 46A-1-11 Estimates of costs and revenues from proposed water facilities--Requests for legislative authorization of construction. 46A-1-12 Allocation of benefits and …

46A-1-91 Financial assistance for recycling and processing facilities for waste tires. 46A-1-92 Legislative findings and authorization of certain water development projects. 46A-1-93 Priority in administration of funds. 46A-1-94 Perkins County rural water system. 46A-1-95 Clean l…

The board shall provide financial assistance to persons who establish recycling and processing facilities for waste tires, subject to the rules promulgated by the board for the establishment of such facilities and subject to the conditions prescribed in rule by the board for appl…

The Legislature finds that it is in the best interests of South Dakota to further the development of those water projects identified in the state water resources management system and consolidated water facilities plan, consistent with the goals established in §

In administering funds in the water and environment fund established pursuant to § 46A-1-60 and the capital construction fund created in § 5-27-1 , the highest priority shall be given to domestic uses of water through the development of public water distribution systems. Source: …

Pursuant to §§ 46A-1-11 to 46A-1-13 , inclusive, construction of a twenty-seven million nine hundred ninety-nine thousand two hundred fifty dollar Perkins County rural water system as generally described in the report, Final Engineering Report, for Perkins County Rural Water Syst…

The state clean lakes program, the nonpoint source program, water quality monitoring program, and wetlands grant program are established. All federal pass-through grant funds, not to exceed six million dollars annually, received for use in the programs are hereby continuously app…

The special purpose water district loan program is hereby established to provide funds to any newly formed water development district, water project district, watershed district, irrigation district, or sanitary district for administrative and operating expenses during its first …

In administering its programs as authorized in this chapter and chapter 46A-2 , the board may enter into contracts or agreements with any department, agency, or instrumentality of the United States or this state, with regulated lenders as defined in § 54-3-14 , or with trustees a…

Any documentary material or data made or received by the board or the Department of Agriculture and Natural Resources for the purpose of furnishing financial assistance to a business pursuant to the provisions of §§ 34A-6-81 to 34A-6-85.1 , inclusive; 46A-1-83 to 46A-1-84 , inclu…

In addition to the grants and loans provided for in §§ 34A-6-85 and 46A-1-83 , the board may provide other forms of financial assistance or credit enhancement to eligible applicants and projects for the planning, construction, and operation of solid waste management and recycling…