Title 46A, WATER MANAGEMENT

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…

There is hereby created within the State of South Dakota, a conservancy district, to be known as the "South Dakota Conservancy District." The boundaries of the district shall coincide in all particulars with the boundaries of the State of South Dakota. Such district is a governme…

The Board of Water and Natural Resources may sue and be sued in the name of the district. Source: SL 1959, ch 453 , § 8; SDC Supp 1960, § 61.1408 (1); SDCL § 46-17-15; SL 2011, ch 165 , § 314.

The attorney general shall act as the legal adviser of the Board of Water and Natural Resources. All other state agencies shall assist and cooperate with the conservancy district, at the request of the board. Source: SL 1959, ch 453 , § 7; SDC Supp 1960, § 61.1407; SDCL, § 46-17-…

The Board of Water and Natural Resources shall coordinate all federal, state, and local water resources project activities in the state in order to assure that the optimum over - all benefits will accrue from the construction and operation of water conservation, control and benef…

The Board of Water and Natural Resources may acquire, under the provisions of this chapter and chapters 46A-3A to 46A-3E , inclusive, by purchase or lease, all real and other property as may be necessary for the construction, maintenance, and operation of any water resources proj…

The district may, with respect to any project owned and operated by the district or a regulated public water utility: (1) Establish and fix the rate or rates to be charged by the project owner for the furnishing or sale of all water from the project; (2) Establish and fix the cha…

The Board of Water and Natural Resources may become a party to a leverage lease agreement whereby the district loans up to eighty percent of the cost of construction and equipment for a water development project sponsored by or built for a political subdivision of the State of So…

The Board of Water and Natural Resources may exercise the power of eminent domain as provided by law only when necessary for the purposes of acquiring and securing any right, title, interest, estate, or easement necessary to carry out the duties imposed by this chapter, which the…

The district may acquire by appropriation, or by purchase, exchange, or gift, such water rights as are necessary for the development of its water resource projects, including projects for which it has secured authority to execute financing agreements pursuant to § 46A-1-49 . Notw…

The district may sell, grant, convey, assign, lease, or otherwise transfer perfected water rights or permits to appropriate water for energy industry use to energy industry users for such consideration and under such terms and conditions as are fixed by contract or instrument of …

The limited supply of, and increasing demand for water available within this state and the United States for agricultural and other beneficial uses and the more effective development and utilization of the land and water resources of this state makes necessary the fullest use of …

The Board of Water and Natural Resources may construct, operate, and maintain water resources development works not within a water development district and may become a party to agreements or contracts with federal agencies, public entities, local groups, or persons covering cons…

The district, may, notwithstanding § 46A-2-20 , exercise the power of eminent domain as provided by law if necessary for the purposes of acquiring and securing any right, title, interest, estate, or easement necessary for any project for which the district has entered into a fina…

The Board of Water and Natural Resources may become a party to long or short-term contracts as principal or guarantor for payment for such services or for performance of construction, operation, or maintenance work as is deemed beneficial or advisable by the board. However, nothi…

The Board of Water and Natural Resources may require approval of water resources project plans prior to construction of conservation, control, or beneficial use of water facilities. Source: SL 1959, ch 453 , § 9; SDC Supp 1960, § 61.1409 (1); SDCL, § 46-17-21.

The Board of Water and Natural Resources may cooperate with and assist any or all federal agencies, public entities, and persons engaged in studying, investigating, planning, or otherwise considering the possibilities in the development of water resources projects for conservatio…

The Board of Water and Natural Resources may accept funds, property, and services or other assistance, financial or otherwise, from federal, state, and other public sources for the purpose of aiding and promoting the construction, maintenance, and operation of any water resource …

The Board of Water and Natural Resources may cooperate with and may furnish assurances of cooperation and act as principal and guarantor or either to enter into a contract with the United States of America, with public entities of South Dakota, or with persons for the performance…

No conservancy district, water development district, irrigation district, or other political subdivision may enter into a contract with the federal government for construction, management, or maintenance of an irrigation or other multi - purpose water project, unless the contract…

No contract affected by § 46A-2-28 is valid unless the provisions of that contract have been approved by the Board of Water and Natural Resources. Source: SL 1980, ch 307 , § 2; SDCL Supp, § 46-17-24.3.

It is the intent of this chapter and chapters 46A-3A to 46A-3E , inclusive, to relate, reasonably and equitably, the financing of water resources projects to the degree of benefits received from such water resources projects by: (1) Provisions whereby statewide financing will be …

The district may contract loans and borrow money from the United States upon such conditions and terms as may be agreed to subject to legislative authorization therefor. Source: SL 1972, ch 241 , § 23; SDCL Supp, § 46-17A-22 .

The district, upon recommendation by the Board of Water and Natural Resources and approval of the Governor, may enter into contracts with the United States for the marketing of water service from federal projects. No such contract entered into by the state may prejudice state int…

The Board of Water and Natural Resources may generate or sell hydroelectric power. Source: SL 1959, ch 453 , § 8; SDC Supp 1960, § 61.1408 (8); SDCL, § 46-17-27; SL 1982, ch 313 , § 3.

For accomplishment of the duties of the district as herein described the Board of Water and Natural Resources shall present requests to the state Legislature for appropriations adequate to carry out the responsibilities of the district. Source: SL 1959, ch 453 , § 10; SDC Supp 19…

The powers herein granted to the South Dakota Conservancy District, as established hereby, and water development districts, as may be established, shall be construed as those reasonably necessary to accomplish the purpose and intent of this chapter. Source: SDC Supp 1960, § 61.14…

The provisions of this chapter and chapters 46A-3A to 46A-3E , inclusive, do not abrogate or limit the rights, powers, duties, and functions of the State Water Management Board, but are supplementary to and in aid of such rights, powers, duties, and functions. Chapters 46A-3A to …

For benefit of areas of the state not included within one or more water development districts, the Board of Water and Natural Resources, in performing its statewide water planning function pursuant to subdivision 46A-2-2(8), shall provide adequate opportunity for expression of th…

Terms used in this chapter and chapters 46A-3A to 46A-3E , inclusive, mean: (1) "Benefits," the favorable effects, tangible or intangible, that accrue or are estimated to accrue to any person or the public by establishment of water resources projects; (2) "Board," the governing b…

The board of directors of the South Dakota Conservancy District is abolished, and all its functions shall be administered by the department and Board of Water and Natural Resources, as provided by §§ 1-41-13 and 1-41-13 .1. Source: SL 1973, ch 2 , § 123; SDCL Supp, § 46-17-5.1; S…

The Department of Agriculture and Natural Resources may equip, operate, and maintain an office as the principal place of business for the district and to establish other offices as required. Source: SL 1959, ch 453 , § 8; SDC Supp 1960, § 61.1408 (6); SDCL § 46-17-10 ; SL 2011, c…

A majority of the members of the Board of Water and Natural Resources shall constitute a quorum for transaction of district business. Actions of the district concerning notes or bonds shall be authorized by resolution approved by a majority vote of the members of the board. Sourc…

The Board of Water and Natural Resources may promulgate rules pursuant to chapter 1-26 governing its procedures and internal affairs and may delegate authority to act on behalf of the district. Source: SL 1959, ch 453 , § 6; SDC Supp 1960, § 61.1406; SDCL, § 46-17-12; SL 1984 (SS…

A water development district is a political subdivision of this state. A water development district may be established: (1) By the Legislature; or (2) In accordance with the procedure set forth in this chapter. A water development district is recognized as a legal entity on the J…

Each water development district shall promote the conservation, development, and proper management of district water resources, according to district priorities. Each water development district shall serve as a district - wide clearinghouse for water quality and supply projects t…

If a petition proposing the establishment of a water development district is presented to the Board of Water and Natural Resources, the board must determine whether the petition is in compliance with the requirements of this chapter. If the petition is in compliance, the board mu…

The question regarding the establishment of a water development district must be presented upon a separate ballot, prepared by the Board of Water and Natural Resources. The ballot must, insofar as applicable, be in the form prescribed by the general election laws. Source: SL 1984…

Except as otherwise provided, an election to form a water development district must be conducted, canvassed, recounted, and contested, insofar as applicable, in accordance with the general election laws of this state. The Board of Water and Natural Resources may, in accordance wi…

If a municipality is included within the boundaries of a proposed water development district, the municipality constitutes a separate election district. The portion of any county that is wholly or partially included within the boundaries of a proposed water development district, …

The Board of Water and Natural Resources shall, by resolution, establish a water development district consisting of those election districts in which the requisite vote of approval was cast. Any election district included in the establishment of a water development district, in a…

If all or some of the election districts within a proposed water development district cast sufficient votes to become a water development district, as provided for in this chapter, the Board of Water and Natural Resources must, by resolution, establish the water development distr…