Chapter 01 - State Water Resources Management
- Section 46A-1-1 - Legislative findings and policy.
- Section 46A-1-2 - Legislative purpose for state water plan--Composition of plan.
- Section 46A-1-2.1 - Legislative finding--Preferred, priority objectives.
- Section 46A-1-2.2 - Repealed.
- Section 46A-1-2.3 - Previous designations of projects superseded.
- Section 46A-1-2.4 - Executed.
- Section 46A-1-2.5 - Executed.
- Section 46A-1-2.6 - Executed.
- Section 46A-1-2.7 - Executed.
- Section 46A-1-2.8 - Executed.
- Section 46A-1-2.9 - Executed.
- Section 46A-1-2.10 - Executed.
- Section 46A-1-2.11 - Executed.
- Section 46A-1-2.12 - Executed.
- Section 46A-1-2.13 - Executed.
- Section 46A-1-2.14 - Executed.
- Section 46A-1-3 - Definition of terms.
- Section 46A-1-4 - Water rights not affected by chapter.
- Section 46A-1-5 - Severability of provisions.
- Section 46A-1-6 - Omitted.
- Section 46A-1-7 - Establishment of state policy on water facilities--Recommendedcomments on federal policy.
- Section 46A-1-8 - Resolution of conflicting interests.
- Section 46A-1-9 - Review of progress on statewide water plan--Scenic and recreationalrivers to be included.
- Section 46A-1-10 - Recommendations to Governor and Legislature as to facilities needed inwater resources management system.
- Section 46A-1-11 - Estimates of costs and revenues from proposed water facilities--Requestsfor legislative authorization of construction.
- Section 46A-1-12 - Allocation of benefits and costs among governmental and privateinterests--Determination of priorities.
- Section 46A-1-13 - Presentation of cost data to Governor and Legislature--Requests forfinancing authorization.
- Section 46A-1-13.1 - Authorization of Bad River restoration project--Maximum amount ofgrants.
- Section 46A-1-13.2 - Authorization of Belle Fourche irrigation rehabilitation project--Financialassistance limited.
- Section 46A-1-13.3 - Authorization of Fall River county rural water system project--Grantauthorized.
- Section 46A-1-13.4 - Authorization of Mni Wiconi rural system--Loans--Accrual of interest.
- Section 46A-1-13.5 - Authorization of Mid-Dakota rural water system.
- Section 46A-1-13.6 - Authorization of Lake Andes-Wagner/Marty II Irrigation Project--Research demonstration project required--Loans authorized--Indian landsexempted from payments.
- Section 46A-1-13.7 - Sioux Falls Flood Control Project authorized.
- Sections 46A-1-13.8, 46A-1-13.9 - Black Hills Water Management Project and Black Hills Hydrology Study authorized. James River Restoration Project authorized
- Section 46A-1-13.10 - Lewis and Clark Rural Water System authorized.
- Section 46A-1-13.11 - Southern Black Hills Water System authorized.
- Section 46A-1-14 - Annual report of activities of board--Contents.
- Section 46A-1-15 - Consideration of wild, scenic, and recreational rivers.
- Section 46A-1-16 - Policy as to wild, scenic, and recreational rivers--Designation.
- Section 46A-1-17 - Borrowing on interim notes--Expenses paid and loans made fromproceeds--Issuance of notes.
- Section 46A-1-18 - Interim notes guaranteed by state agency or United States agency orinstrumentality--Limitations--Notes issued prior to financingarrangement.
- Section 46A-1-19 - Interim financing--Proper authority required.
- Section 46A-1-20 - Interim financing--Independent review of feasibility of project.
- Section 46A-1-21 - Interim financing--Proceeds pledged as security--Assignment to districtof rights to proceeds.
- Section 46A-1-22 - Terms of interim notes.
- Section 46A-1-23 - Pledge of revenues to secure interim notes.
- Section 46A-1-24 - Additional covenants and conditions to secure interim notes.
- Section 46A-1-25 - Registration of interim notes--Interest payment--Redemption prior tomaturity.
- Section 46A-1-26 - Execution and attestation of interim notes--Sale.
- Section 46A-1-27 - Bond provisions applicable to interim financing.
- Section 46A-1-28 - Payment of interim notes on issue of revenue bonds.
- Section 46A-1-29 - Plan for project financing submitted to Legislature--Authorization forbond issuance--Amount of bonds--Power to issue bonds--Maximumamount.
- Section 46A-1-30 - Value of bonds--Purposes for which issued--Resolution of board.
- Section 46A-1-31 - Discretionary bond issuance to finance water resources projects ordevelopments--Maximum amount--Issuance of bonds for purchase orfinancing of loans by FmHA--Issuance of bonds for re
- Section 46A-1-32 - Terms of bonds.
- Section 46A-1-33 - Pledge of revenues to secure payment of bonds.
- Section 46A-1-33.1 - District may contract to manage payment or interest rate risk for bonds.
- Sections 46A-1-34, 46A-1-35 - Repealed
- Section 46A-1-36 - Covenant to collect revenues sufficient for retirement of bonds.
- Section 46A-1-37 - Covenant against alienation or encumbrance of projects while bondsoutstanding.
- Section 46A-1-38 - Covenants as to management of project and accounting for funds.
- Section 46A-1-39 - Trust agreements for protection of bondholders.
- Section 46A-1-40 - Additional covenants for protection of bondholders.
- Section 46A-1-41 - State general obligation not to be created.
- Section 46A-1-42 - Bonds not a state obligation--Payment restricted to revenues.
- Section 46A-1-43 - Recording not required for bond protection.
- Section 46A-1-44 - Bonds valid despite expiration of terms of office--Irregularities inproceedings.
- Section 46A-1-45 - Sale of bonds--Procedure and price.
- Section 46A-1-46 - Negotiability of bonds.
- Sections 46A-1-47, 46A-1-48 - Bonds as legal investments for fiduciaries and financial institutions. Bond and note proceeds--Payment into state treasury not required
- Section 46A-1-49 - Financing agreements to lend bond proceeds--District's powers--Waterdevelopment district approval.
- Section 46A-1-50 - Financing agreements--Provisions to provide for and secure repaymentof bonds and loan.
- Section 46A-1-51 - Financing agreements--Proper authority required.
- Section 46A-1-52 - Financing agreements--Independent review of feasibility of project.
- Section 46A-1-53 - Agreement with bondholders as to custody and disposition of moneys.
- Section 46A-1-54 - Remedies of bondholders.
- Section 46A-1-55 - Persons executing district notes or bonds not subject to personal liability.
- Section 46A-1-56 - Refunding bonds authorized for matured obligations.
- Section 46A-1-57 - Sale of refunding bonds for matured obligations--Application ofproceeds--Cancellation of instruments paid.
- Section 46A-1-58 - Refunding bonds authorized for unmatured obligations.
- Section 46A-1-59 - Sale of refunding bonds for unmatured obligations--Investment ofproceeds pending exchange or redemption.
- Section 46A-1-60 - Water and environment fund--Establishment--Moneys in fund.
- Section 46A-1-60.1 - Water pollution control revolving fund program and state drinking waterrevolving fund program established--Program subfunds created--Depositsinto subfunds and use thereof.
- Section 46A-1-60.2 - Disbursements from and administration of water pollution controlrevolving fund program and state drinking water revolving fund program--Sections 46A-1-61 to 46A-1-69 inapplicable.
- Section 46A-1-60.3 - Rules for selection of projects to receive funds from water pollutioncontrol revolving fund program and state drinking water revolving fundprogram and administration of same.
- Sections 46A-1-60.4, 46A-1-60.5 - Executed
- Section 46A-1-61 - Authorization required for disbursements from fund--Form ofappropriation from fund--Limit on grants.
- Section 46A-1-62 - Disbursements from capital projects fund.
- Section 46A-1-63 - Energy industry use funds deposit--Deposit of funds recovered throughlawsuit or settlement.
- Section 46A-1-63.1 - Consolidated water facilities construction program--Disbursements.
- Sections 46A-1-63.2, 46A-1-63.3 - Expired
- Section 46A-1-64 - Limits on loans or grants to water facilities plan--Security for loans.
- Section 46A-1-65 - Criteria for selection of projects to receive loans or grants--Regulation ofloans or grants.
- Section 46A-1-66 - Interest on loans.
- Section 46A-1-67 - Term of loans--Capitalization and refinancing of loans for purposes otherthan construction.
- Section 46A-1-67.1 - Repayment of loan may be deferred until execution of contract for projectconstruction.
- Section 46A-1-68 - Loan terms set by Legislature.
- Section 46A-1-68.1 - Deposit of money received from fund.
- Section 46A-1-69 - Suspension of annual installment due on loan for irrigation project.
- Section 46A-1-70 - Financial reporting of projects--Auditing.
- Section 46A-1-71 - Legislative findings regarding need for program of statewide waterdevelopment and financing.
- Section 46A-1-72 - Pipeline or aqueduct construction authorized--Use of water.
- Sections 46A-1-73, 46A-1-74 - Financing of pipelines or aqueducts--Bonds--Loans. Repealed
- Sections 46A-1-75 to 46A-1-77 - Repealed
- Section 46A-1-78 - Moratorium on Oahe project construction as public policy of state--Studyof alternate projects--Negotiation of settlement for land losses.
- Section 46A-1-79 - Transferred.
- Section 46A-1-80 - Repealed.
- Section 46A-1-80.1 - Transfer of interest, title, rights of ownership in dredges, and money toSouth Dakota Lakes and Streams Association.
- Section 46A-1-81 - Amount of funds required for dredge maintenance and repair and otherexpenses.
- Section 46A-1-82 - Environment and water resources trust fund established--Subfund.
- Section 46A-1-82.1 - Repealed.
- Section 46A-1-83 - State solid waste management program established.
- Section 46A-1-83.1 - Repealed.
- Section 46A-1-83.2 - Expenditure of fees deposited in environment and water resources trustfund--Access to fund--Appropriation.
- Section 46A-1-83.3 - Executed.
- Section 46A-1-84 - Adoption of rules to award financial assistance to sponsors of solid wastemanagement projects--Purpose and preference of awards.
- Sections 46A-1-85, 46A-1-85.1 - Repealed
- Section 46A-1-86 - Obsolete.
- Section 46A-1-87 - Repealed.
- Section 46A-1-88 - Conversion of study loans to grants.
- Section 46A-1-89 - Repealed.
- Section 46A-1-90 - Marketing power realized from upgrading federal hydroelectric facilities.
- Section 46A-1-91 - Financial assistance for recycling and processing facilities for waste tires.
- Section 46A-1-92 - Legislative findings and authorization of certain water developmentprojects.
- Section 46A-1-93 - Priority in administration of funds.
- Section 46A-1-94 - Construction of Perkins County rural water system authorized.
- Section 46A-1-95 - Clean lakes program, nonpoint source program, water quality monitoringprogram, and wetland grant program established.
- Section 46A-1-96 - Special purpose water district loan program established--Funding.
- Section 46A-1-97 - Board authorized to contract for financial services.
- Section 46A-1-98 - Confidentiality of trade secrets or commercial or financial informationreceived by board or department.
- Section 46A-1-99 - Additional financial assistance for solid waste management and recyclingfacilities.
- Section 46A-1-100 - Definition of terms.
- Section 46A-1-101 - State brownfields revitalization and economic development programestablished--Subfunds created--Deposit and use of money.
- Section 46A-1-102 - Disbursement and administration of money from subfunds--Rules--Application of provisions.
- Section 46A-1-103 - Promulgation of rules by board--Content.
- Section 46A-1-104 - Continuous appropriation of brownfields revitalization and economicdevelopment program subfunds--Purpose.
- Section 46A-1-105 - Establishment of brownfields program by eligible entity.