Title 46A — WATER MANAGEMENT
28 chapters · 1,041 sections in this title.
SDCL 1-11-6.1
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Source: SL 1981 (2d SS), ch 3 , § 1; SL 1982, ch 28 , § 15; SDCL Supp, § 46-17A-53.1; SL 1985, ch 354 , § 2; SL 1989, ch 385 , § 25A; SL 1992, ch 254 , § 8.
SDCL 34A-10-17
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Source: SL 2004, ch 275 , § 4.
The secretary's access to these funds does not require application or grant from the Board of Water and Natural Resources
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Moneys expended by the secretary for these purposes shall be appropriated through the normal budget process. Source: SL 1992, ch 254 , § 50R; SDCL § 34A-6-90 ; SL 1993, ch 257 , § 2. 46A-1-83.3. Executed
SDCL § 46-17A-23 SDCL 46-17A-23
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[Repealed or reserved.]
SDCL § 46-17A-3.4 SDCL 46-17A-3.4
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[Repealed or reserved.]
SDCL § 46A-1-1 Legislative findings and policy
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The general health, welfare, and safety of the people of the State of South Dakota are dependent upon the conservation, development, management, and optimum use of all this state's water resources. To achieve this objective it is essential that a coordinated, integrated, multiple…
SDCL § 46A-1-10 Recommendations to Governor and Legislature as to facilities needed in water resources management system
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Upon submission of the statewide water plan to the Governor and the Legislature by the Board of Water and Natural Resources, or prior or subsequent thereto as conditions may warrant, the board shall recommend to the Governor and the Legislature those portions of the statewide wat…
SDCL § 46A-1-100 Definition of terms
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Terms used in §§ 46A-1-100 to 46A-1-106 , inclusive, mean: (1) "Brownfields revitalization and economic development program," a program to provide funding to assist in the assessment, cleanup, and redevelopment of brownfields sites; (2) "Brownfields site," real property, the expa…
SDCL § 46A-1-101 State brownfields revitalization and economic development program established--Subfunds created--Deposit and use of money
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The state brownfields revitalization and economic development program is hereby established. A brownfields revolving loan subfund and a brownfields assessment and cleanup subfund are created within the water and environment fund established pursuant to §
SDCL § 46A-1-102 Disbursement and administration of money from subfunds--Rules--Application of provisions
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Money from the brownfields revitalization and economic development program subfunds shall be disbursed and administered according to rules promulgated by the Board of Water and Natural Resources pursuant to chapter 1-26 , § 46A-1-65 , and the provisions of §§ 46A-1-100 to 46A-1-1…
SDCL § 46A-1-103 Promulgation of rules by board--Content
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The Board of Water and Natural Resources shall promulgate rules pursuant to chapter 1-26 to implement the provisions of §§ 46A-1-100 to 46A-1-106 , inclusive, consistent with the requirements of federal law in order for an approved brownfields revitalization and economic developm…
SDCL § 46A-1-104 Continuous appropriation of brownfields revitalization and economic development program subfunds--Purpose
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The brownfields revitalization and economic development program subfunds are hereby continuously appropriated to the South Dakota Board of Water and Natural Resources. Money received for these programs may be used only for purposes authorized by the federal Small Business Liabili…
SDCL § 46A-1-105 Establishment of brownfields program by eligible entity
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Any eligible entity may establish a brownfields program to prevent, assess, safely clean up, promote the economic development of, and sustainably reuse eligible brownfields sites as authorized in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, a…
SDCL § 46A-1-106 Powers of eligible entity establishing brownfields program
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Any eligible entity establishing a brownfields program may exercise all powers necessary or appropriate to carry out the purposes of §§ 46A-1-100 to 46A-1-106 , inclusive, including the following: (1) To acquire by lease, purchase, gift, or other lawful means and hold in its corp…
SDCL § 46A-1-107 Water infrastructure development fund--Moneys comprising--Continuous appropriation--Purpose--Grants--Loans--Promulgation of rules
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There is created the water infrastructure development fund. This fund consists of moneys from appropriations of the Legislature, federal grants for projects on the Bureau of Reclamation rural water projects list, interest on investments, and principal and interest on loans made f…
SDCL § 46A-1-11 Estimates of costs and revenues from proposed water facilities--Requests for legislative authorization of construction
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If the Board of Water and Natural Resources determines that it is necessary to carry out any of the objects and purposes of the water plan, through the construction of a water facility that has been established by the Legislature as a part of the State Water Resources Management …
SDCL § 46A-1-12 Allocation of benefits and costs among governmental and private interests--Determination of priorities
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The Board of Water and Natural Resources shall make a comprehensive evaluation and allocation of the comparative benefits and costs of all water facilities included in the State Water Resources Management System among and between the various levels of government and private inter…
SDCL § 46A-1-13 Presentation of cost data to Governor and Legislature--Requests for financing authorization
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The Board of Water and Natural Resources shall present the findings of benefits, costs, cost - sharing, and other pertinent factors to the Governor and the Legislature, and shall request legislative appropriations and other means of financing state government's share of the costs…
SDCL § 46A-1-13.1 Repealed by SL 2013, ch 166 , § 99
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46A-1-13.2 Authorization of Belle Fourche irrigation rehabilitation project--Financial assistance limited. 46A-1-13.3
SDCL § 46A-1-13.10 Lewis and Clark Rural Water System authorized
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Pursuant to §§ 46A-1-11 to 46A-1-13 , inclusive, construction of the South Dakota project features of a two hundred seventy-two million eight hundred thousand dollar Lewis and Clark Rural Water System as generally described in the report "Feasibility Level Evaluation of a Missour…
SDCL § 46A-1-13.11 Southern Black Hills Water System authorized
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Pursuant to §§ 46A-1-11 to 46A-1-13 , inclusive, construction of a seventy-seven million eight hundred thousand dollar Southern Black Hills Water System as generally described in the report "Southern Black Hills Water System Preliminary Engineering Report", dated February, 2005, …
SDCL § 46A-1-13.12 Belle Fourche irrigation upgrade project authorized
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Pursuant to §§ 46A-1-11 to 46A-1-13 , inclusive, construction of a five million dollar Belle Fourche irrigation upgrade project to include replacement of the Indian Creek siphon, the Horse Creek siphon, the north canal control house, and the south canal control house, repair of t…
SDCL § 46A-1-13.2 Authorization of Belle Fourche irrigation rehabilitation project--Financial assistance limited
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Pursuant to §§ 46A-1-11 to 46A-1-13 , inclusive, construction of a fourteen million dollar Belle Fourche Irrigation Rehabilitation Project as generally described in the report entitled "Analysis of Request for Additional Funding Costs and Priority Summary" dated January 1994, is …
SDCL § 46A-1-13.3 Repealed by SL 2013, ch 166 , § 113
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46A-1-13.4 Authorization of Mni Wiconi rural system--Loans--Accrual of interest. 46A-1-13.5
SDCL § 46A-1-13.4 Authorization of Mni Wiconi rural system--Loans--Accrual of interest
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Pursuant to §§ 46A-1-11 to 46A-1-13 , inclusive, construction of a two hundred sixty - three million two hundred forty - one thousand dollar ($263,241,000) Mni Wiconi Rural Water System as generally described in the report "Mni Wiconi Rural Water Supply Project Final Engineering …
SDCL § 46A-1-13.5 Repealed by SL 2013, ch 166 , § 114
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46A-1-13.6 Authorization of Lake Andes-Wagner/Marty II Irrigation Project--Research demonstration project required--Loans authorized--Indian lands exempted from payments. 46A-1-13.7 Sioux Falls Flood Control Project authorized. 46A-1-13.8 Black Hills Water Management Project and …
SDCL § 46A-1-13.6 Authorization of Lake Andes-Wagner/Marty II Irrigation Project--Research demonstration project required--Loans authorized--Indian lands exempted from payments
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Pursuant to §§ 46A-1-11 to 46A-1-13 , inclusive, construction of a one hundred seventy - five million dollar Lake Andes - Wagner Irrigation Project, as generally described in the report "Planning Report/Environmental Statement" dated September 1985 and a twenty - four million dol…
SDCL § 46A-1-13.7 Sioux Falls Flood Control Project authorized
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Pursuant to §§ 46A-1-11 to 46A-1-13 , inclusive, construction of a twenty - six million nine hundred thousand dollar Sioux Falls Flood Control Project as generally described in the report "Draft Feasibility Report--Local Flood Protection Big Sioux River and Skunk Creek at Sioux F…
SDCL § 46A-1-13.8 Black Hills Water Management Project and Black Hills Hydrology Study authorized
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Pursuant to §§ 46A-1-11 to 46A-1-13 , inclusive, the ten million dollar Black Hills Water Management Project and the Black Hills Hydrology Study are hereby authorized for the purpose of assessing and meeting present and future water needs in the counties of Butte, Meade, Lawrence…
SDCL § 46A-1-13.9 Repealed by SL 2013, ch 166 , § 115
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46A-1-13.10 Lewis and Clark Rural Water System authorized. 46A-1-13.11 Southern Black Hills Water System authorized. 46A-1-13.12 Belle Fourche irrigation upgrade project authorized. 46A-1-14 Annual report of activities of board--Contents. 46A-1-15 Consideration of wild, scenic, a…
SDCL § 46A-1-14 Annual report of activities of board--Contents
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January first of every year, the Board of Water and Natural Resources shall make an annual report to the Governor and the Legislature setting forth all activities that it has engaged in during the preceding year. The board shall include within the annual report detailed accounts …
SDCL § 46A-1-15 Consideration of wild, scenic, and recreational rivers
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The Board of Water and Natural Resources shall along with its review of the state water plan consider, in cooperation with the Game, Fish and Parks Commission, the designation of certain rivers or sections of rivers as "wild, scenic, and recreational rivers" upon which no develop…
SDCL § 46A-1-16 Repealed by SL 2015, ch 192 , § 4
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46A-1-17 Borrowing on interim notes--Expenses paid and loans made from proceeds--Issuance of notes. 46A-1-18 Loan of interim note proceeds to public entity or person for project that state or federal agency is committed to finance--Notes issued prior to financing arrangement. 46A…
SDCL § 46A-1-17 Borrowing on interim notes--Expenses paid and loans made from proceeds--Issuance of notes
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The district may borrow money and issue interim notes in evidence thereof to perform any of the duties authorized under this chapter, including the payment of expenses to be incurred for planning, architectural, engineering, legal, and financial services, the acquisition of a sit…
SDCL § 46A-1-18 Loan of interim note proceeds to public entity or person for project that state or federal agency is committed to finance--Notes issued prior to financing arrangement
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In addition to its other powers, the district may enter into financing arrangements with any public entity or person to loan the proceeds of the district's interim notes to any public entity or person for a project anywhere within this state. The district may adopt the necessary …
SDCL § 46A-1-19 Interim financing--Proper authority required
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Before entering into any financing arrangement under § 46A-1-18 , the Board of Water and Natural Resources shall be satisfied by opinion of the attorney general, by an examination of relevant charters, resolutions, minutes, and other documents, or by other sufficient means that t…
SDCL § 46A-1-2 Legislative purpose for state water plan--Composition of plan
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It is the object of this chapter to provide the means for the planning, funding, and construction of a state water plan. This plan is comprised of the State Water Resources Management System and the State Water Facilities Plan. Source: SL 1972, ch 241 , § 3; SDCL Supp, § 46-17A-2…
SDCL § 46A-1-2.1 Legislative findings--Water resources projects
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The Legislature finds that the following water resources projects are necessary for the general welfare of the people of this state and authorizes the projects, pursuant to § 46A-1-2 , to be included in the state water resources management system, to serve as the preferred, prior…
SDCL § 46A-1-2.10 SDCL 46A-1-2.10
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Executed 46A-1-2.11
SDCL § 46A-1-2.11 SDCL 46A-1-2.11
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Executed 46A-1-2.12
SDCL § 46A-1-2.12 SDCL 46A-1-2.12
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Executed 46A-1-2.13
SDCL § 46A-1-2.13 SDCL 46A-1-2.13
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Executed 46A-1-2.14
SDCL § 46A-1-2.14 Executed 46A-1-3 Definition of terms
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46A-1-4 Water rights not affected by chapter. 46A-1-5
SDCL § 46A-1-2.2 Repealed by SL 1994, ch 346 , § 14 46A-1-2.3 Previous designations of projects superseded
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46A-1-2.4
SDCL § 46A-1-2.3 Previous designations of projects superseded
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Section 46A-1-2.1 serves as the exclusive component of the State Water Resources Management System established pursuant to § 46A-1-2 and supersedes all previous designations of projects not included in §
SDCL § 46A-1-2.4 SDCL 46A-1-2.4
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Executed 46A-1-2.5
SDCL § 46A-1-2.5 SDCL 46A-1-2.5
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Executed 46A-1-2.6
SDCL § 46A-1-2.6 SDCL 46A-1-2.6
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Executed 46A-1-2.7
SDCL § 46A-1-2.7 SDCL 46A-1-2.7
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Executed 46A-1-2.8
SDCL § 46A-1-2.8 SDCL 46A-1-2.8
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Executed 46A-1-2.9