Title 46A, WATER MANAGEMENT

The Governor may enter into negotiations and subsequent agreements with Congress and the federal government for resolution of South Dakota's Pick - Sloan entitlements. Source: SL 1988, ch 369 , § 10.

The Governor may use funds appropriated by the Legislature or which may be received from any other source for such specific purpose in carrying out the provisions and intent of § 46A-15-1 . The funds shall be disbursed by warrant of the state auditor upon the state treasurer upon…

The county commissioners of any county bordering the Missouri River may, upon an affirmative vote of the qualified voters of the county, expend money for the purpose of improving navigation on the river where the river borders the county. The funds shall be expended in conjunctio…

The state shall proceed as quickly as possible to enact and implement at the state and federal levels a settlement, pursuant to §§ 46A-15-5 to 46A-15-14 , inclusive, of South Dakota's claims resulting from damages and unfulfilled federal obligations to South Dakota relating to th…

South Dakota's Pick-Sloan settlement framework shall consist of short - term objectives enumerated in this section, long - term objectives pursuant to § 46A-15-7 , and the Missouri River cost recovery program pursuant to § 46A-15-9 . The short - term objectives shall include, at …

The long - term objectives of the Pick - Sloan settlement shall include the future development of irrigation and hydroelectric power projects when conditions are appropriate for such development. Any final settlement of South Dakota's Pick - Sloan claims shall fulfill the long - …

Nothing in §§ 46A-15-5 to 46A-15-14 , inclusive, is intended, nor may be construed, to preclude the state, any Indian tribes or any other eligible entity from seeking Congressional authorization and appropriation to plan, design, and construct additional projects in the future. N…

There is hereby established as a part of South Dakota's Pick - Sloan settlement the Missouri River cost recovery program to provide revenues to the state using the resources of the Pick - Sloan system. Such revenues shall be deposited in the water and environment fund established…

There is hereby created an interstate commission to be known as the South Dakota-Minnesota Boundary Waters Commission, which shall consist of the secretaries of the Departments of Agriculture and Natural Resources and Game, Fish and Parks of South Dakota and the commissioner of n…

The South Dakota - Minnesota Boundary Waters Commission may, upon verified petition, apply to the district court or circuit court in either state as the case may be, in any county affected by the subject matter, for an injunction restraining the violation of any order or notice m…

The South Dakota-Minnesota Boundary Waters Commission may not incur any obligation for expenses except after an adequate legislative appropriation. Source: SL 1939, ch 294 , § 5; SDC Supp 1960, § 55.5305; SDCL § 46-29-10; SL 2011, ch 165 , § 540.

The Game, Fish and Parks Commission may participate with the state of Minnesota in the construction of artificial controls deemed necessary to maintain the most desirable and beneficial levels of boundary waters as determined by the South Dakota-Minnesota Boundary Waters Commissi…

It is hereby determined that the most desirable and beneficial level for the waters of Big Stone Lake from May first to October first of each year is elevation 967, project datum. The South Dakota - Minnesota Boundary Waters Commission, the South Dakota secretary of game, fish an…

This chapter shall become effective immediately after the passage of an act in substantial conformance herewith by the Legislature of Minnesota. Source: SL 1939, ch 294 , § 7; SDC Supp 1960, § 55.5307; SDCL, § 46-29-13.

The South Dakota - Minnesota Boundary Waters Commission may plan, coordinate, hold public hearings on, and propose lake protection and rehabilitation projects for boundary water lakes. The commission may accept and distribute grants from any source for the purposes set forth in t…

The South Dakota - Minnesota Boundary Waters Commission shall establish a local advisory committee for each lake protection and rehabilitation project. The committee shall consist of a majority of locally elected officials of governmental units within the lake watershed including…

The attorneys general of both states shall act as legal advisers of the South Dakota - Minnesota Boundary Waters Commission. Source: SL 1939, ch 294 , § 6; SDC Supp 1960, § 55.5306; SDCL, § 46-29-2.

The South Dakota-Minnesota Boundary Waters Commission may investigate and determine the most desirable and beneficial levels of boundary waters artificially controlled and may prescribe a plan for controlling and regulating the water levels. Source: SL 1939, ch 294 , § 2; SDC Sup…

The South Dakota-Minnesota Boundary Waters Commission may hold hearings and take evidence that is presented, either after complaint or upon its own initiative, as to the desirability of any water level and plan of regulation and may make orders concerning the water level and plan…

Said hearings shall be held at such time and place as may be designated by the South Dakota - Minnesota Boundary Waters Commission in either state, in any county affected by the subject matter. At least two weeks' publication notice of said hearings shall be given by publication …

The South Dakota-Minnesota Boundary Waters Commission may make orders necessary to further the purposes of this chapter. Source: SL 1939, ch 294 , § 2; SDC Supp 1960, § 55.5302 (3); SDCL § 46-29-6; SL 2011, ch 165 , § 539.

The South Dakota - Minnesota Boundary Waters Commission may prescribe procedure for the conduct of its investigations, surveys, and hearings. Source: SL 1939, ch 294 , § 2; SDC Supp 1960, § 55.5302 (2); SDCL, § 46-29-7; SL 1993, ch 256 , § 87.

Any party aggrieved by any order of determination of the South Dakota - Minnesota Boundary Waters Commission establishing or regulating water levels as above provided for may appeal therefrom to the district court or circuit court as the case may be of any county in either state …

Ratification and approval is hereby given to the Belle Fourche River Compact as signed at the city of Cheyenne in the state of Wyoming on the eighteenth day of February, A. D. 1943, by L. C. Bishop, the state engineer and interstate streams commissioner of the state of Wyoming, a…

Said compact shall not be binding or obligatory upon any of the high contracting parties thereto unless and until the same shall have been ratified by the Legislature of each of the said states and approved by the Congress of the United States. The Governor of South Dakota shall …

Conservation, management, and development of the state's water resources are vital to the public interest, welfare, convenience, and necessity and require, in some circumstances, the creation of water project districts for the purposes of sponsoring and implementing water project…

The formation petition shall be signed by the number of signers required by § 6-16-2 . Source: SL 1984, ch 293 , § 9; SL 1990, ch 366 , § 4; SL 1998, ch 36 , § 74. 46A-18-11

A petition, if filed with the Board of Water and Natural Resources, shall be accompanied by maps showing the location of lands within the proposed district land and by such other maps, plans, and estimates as may be necessary to describe fully the operation and effects of the pro…

The Board of Water and Natural Resources shall examine the petition, and if it determines that the petitioners have complied with the requirements of this chapter, the board may make an immediate investigation of the proposed district and of its proposed works, systems, or plans …

The Board of Water and Natural Resources, within ninety days from the receipt of a petition, or within ninety days from the time funds become available to defray the cost of an investigation, shall determine whether the proposed project is feasible and conforms to public convenie…

The Board of Water and Natural Resources shall perform the duties of the county auditor as provided in §§ 6-16-4 to 6-16-6 , inclusive. Source: SL 1984, ch 293 , § 14; SL 1998, ch 36 , § 77. 46A-18-16

Persons desiring to establish an area as a water project district may petition the Board of Water and Natural Resources to submit to an election the question of whether such area shall become a water project district. Source: SL 1984, ch 293 , § 2.

Except as provided in § 46A-18-2.2 , and except as otherwise provided in this chapter, no person may vote in any election held pursuant to this chapter unless the person is a qualified voter of the water project district. A qualified voter of the district is a person who is a reg…

If fewer than one hundred fifty persons reside within the boundaries of an existing water project district on July 1, 2011, the board of directors of the district may, by a resolution adopted not later than July 1, 2014, specify that a qualified voter of the district or director …

If at least sixty percent of the votes cast in an election are in favor of formation of the water project district, the Board of Water and Natural Resources shall by resolution create and establish the water project district and give it a corporate name. Upon filing of a true cop…

If at least sixty percent of the votes cast in the initial election are in favor of the formation of the water project district, the costs of the election shall be paid by the new water project district. If less than sixty percent of the votes cast in the initial election are in …

The initial district directors shall assume the duties of office and serve until successors are duly elected and qualified. Source: SL 1984, ch 293 , § 20; SL 2000, ch 32 , § 9.

The directors shall organize by electing one of their members chairman and one vice - chairman and by appointing a secretary - treasurer, who is not a member of the board and whose compensation and bond shall be set by the directors. The directors shall provide the necessary book…

Before May first of each year, on a date established by the directors, an annual meeting of the district shall be held during which the qualified voters of the district shall elect, by ballot, under the direction of the secretary of the district, directors to replace those whose …

The water project district directors shall publish a notice once each week for three consecutive weeks immediately prior to the annual election and meeting stating the time, place, and purpose of the election and meeting, the names of the director candidates and the director divi…

Nominations of director candidates to be elected at the annual election shall be by nominating petition signed by at least twenty - five qualified voters or ten percent of the qualified voters, whichever is less, in the district, if the directors are elected at large, or signed b…

Any vacancy in an unexpired term shall be filled by appointment within thirty days of the vacancy by the remaining directors of the district. Any vacancy in an expired term for which no candidate's nominating petition has been filed pursuant to § 46A-18-25 shall be filled by appo…

After the creation of a water project district, minor adjustments to the boundaries of the district may be made by the directors, without referendum. Such adjustments may not delete lands from the district that have been subject to a special assessment during the budget year or t…

An additional area may be annexed or an area withdrawn from a water project district by: (1) Circulation of an initiating petition therefor by the qualified voters in the new area and in the existing district, similar to an initiating petition specified in § 46A-18-2 ; or (2) Cir…

Two or more water project districts may be combined into a single district by: (1) Circulation of an initiating petition therefor, similar to the initiating petition specified in this chapter; or (2) Passage of resolutions by the directors stating the desire to combine the water …

After proceedings are completed to combine water project districts, the Board of Water and Natural Resources shall certify to the secretary of state of the creation of the combined water project district. Source: SL 1984, ch 293 , § 29; SL 1990, ch 366 , § 9; SL 1991, ch 17 (Ex. …