Title 46A — WATER MANAGEMENT

All county officials shall perform the services outlined in this chapter free of charges to the district. The services of the Board of Water and Natural Resources as provided in this chapter, also shall be free of charges to the district. Source: SL 1957, ch 492 , § 32; SL 1959, …

The engineer of the district shall make a full report to the managers each year or more often if necessary. At the end of each year the secretary-treasurer shall make a report to the managers. The managers shall annually make and file a report of financial conditions of the distr…

The initiating petition shall contain the following: (1) The name of the proposed district; (2) A statement that there is need in the interest of the public health, safety, and welfare for creation of a district to accomplish improvements in the watershed; (3) A statement in gene…

The Board of Water and Natural Resources may at any time investigate the operations of any watershed district and if it discovers such operations are detrimental to the proper utilization of waters or existing rights or that the conduct of the operations as to the waters in the p…

After a watershed district has been in existence for at least five years and contains a federal watershed project that has not been certified infeasible by the state conservationist of the United States Natural Resources Conservation Service, whenever twenty-five percent of the e…

If sixty percent of the votes cast under the provisions of § 46A-14-81 are for dissolution, the managers shall immediately notify all persons having claims against the district in whatever form they may exist. The real and personal property of the district shall be sold by auctio…

If the vote authorized by § 46A-14-81 is against dissolution there may not be another vote for three years. Source: SL 1957, ch 492 , § 34; SL 1959, ch 452 , § 28; SDC Supp 1960, § 61.1534; SDCL, § 46-24-82; SL 1980, ch 312 , § 3.

A watershed district board may request that the state conservationist of the United States Natural Resources Conservation Service certify a federal project as infeasible. If the project is certified as infeasible, the district board may proceed to dissolve the district under the …

If a watershed district's federal project is certified as infeasible, the district board may vote to dissolve the district. If a majority of board members vote for dissolution, a written statement of intent to dissolve the district shall be submitted to the State Conservation Com…

Before action by the State Conservation Commission as provided in § 46A-14-85 , a public hearing open to all eligible voters in the watershed district shall be held by the commission to determine public feeling within the district. The district board may conduct an informal vote …

After the public hearing required by § 46-14-86, the State Conservation Commission shall determine whether the proposed dissolution is to be allowed. In making its determination, the commission shall consider written and verbal reports by the watershed district board, the public …

If the members of the State Conservation Commission choose to approve a watershed district dissolution, the dissolution is effective thirty days from the date of the commission meeting. Notice of the dissolution of a watershed district shall be sent to the secretary of state. Sou…

All funds and assets of a dissolved watershed district shall be divided among all conservation districts lying at least partially within the dissolved district. The funds and assets shall be apportioned on the basis of each conservation district's land area in areas within the di…

Repealed by SL 1998, ch 36 , § 59 46A-14-10

46A-14-91 Vested rights protected. 46A-14-92

Nothing in this chapter in any way may affect the vested water or drainage rights of any person, governmental subdivision or public corporation organized or in existence prior to July 1, 1957. Source: SL 1957, ch 492 , § 35; SDC Supp 1960, § 61.1535; SDCL, § 46-24-83; SL 1985, ch…

46A-14-93 46A-14-93 , 46A-14-94. Repealed by SL 2012, ch 220 , § 3, eff. Jan. 20, 2015.

The Governor is authorized to cooperate in behalf of the state with other states and with the federal government in the promotion of and development of the Missouri River as an agency to produce cheap power, create irrigational opportunity, lessen the cost of transportation by na…

The Legislature finds that the following water resources project is necessary for the general welfare of the people of the state and authorizes the project pursuant to § 46A-1-2 to be included in the state water resources management system to serve as a preferred, priority object…

There is hereby established the Missouri River cost recovery authority to evaluate, analyze, and recommend options, including, but not limited to, state - financed upgrading of Pick - Sloan hydroelectric power generation facilities, integration into the Pick - Sloan program of Mi…

The Missouri River cost recovery authority shall be composed of nine members: two at - large members appointed by the Governor, two members of the Board of Water and Natural Resources appointed by the Governor, two members of the Legislature appointed by the Governor, one member …

No member of the Missouri River cost recovery authority may receive any compensation for services rendered under §§ 46A-15-5 to 46A-15-14 , inclusive. Members shall be reimbursed for per diem and necessary expenses incurred in connection with the duties and powers of the Missouri…

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-15-4 Improving navigation on Missouri river--Expenditure of funds by counties upon voter approval--Appropriations. 46A-15-5 Settlement of state claim relating to Pick-Sloan Missouri Basin Program authorized--Damages and obligations enumerated. 46A-15-6 Settlement framework--S…

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 §

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…

The short - term objectives and the estimated 1986 costs, subject to adjustments as needed, to achieve such objectives are as follows: (1) Completion of the following projects already under construction: (a) The Belle Fourche Irrigation Rehabilitation Project at forty - two milli…

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 …

Ord. 91-4), § 17; SL 1992, ch 254 , § 8; SL 1995, ch 253 , § 24.

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…