reglab/housing_qa huggingface dataset:
SD Codified L § 46A-1-106 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 01 - State Water Resources Management|Section 46A-1-106 - Powers of eligible entity establishing brownfields program.

46A-1-106. Powers of eligible entity establishing brownfields program.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 corporate name or use and control as provided by law both real and personal property and easements and rights-of-way within or without the corporate limits for all purposes authorized by §§46A-1-100 to 46A-1-106, inclusive, or necessary to the exercise of any power granted in §§46A-1-100 to 46A-1-106, inclusive;(2)To convey, sell, give, dispose of, or lease both the personal and real property of the municipality or county as provided by §§46A-1-100 to 46A-1-106, inclusive;(3)To borrow money and to issue certificates, warrants, general obligation bonds and non-ad valorem tax bonds for purposes of §§46A-1-100 to 46A-1-106, inclusive;(4)To accept funds, property, and services or other assistance, financial or otherwise, from federal, state, and other public and private sources to carry out the purposes of §§46A-1-100 to 46A-1-106, inclusive;(5)To contract or cooperate with any person, the state, or any political subdivision of the state, any federal agency, or any private or public entity to carry out the purposes of §§46A-1-100 to 46A-1-106, inclusive;(6)To plan, develop, construct, acquire, operate, clean, maintain, repair, alter, renovate, salvage, demolish, secure, abandon, consolidate, reclaim, or gather data and information concerning any brownfields site, or any related development, structure, or facility necessary to carry out the purposes of §§46A-1-100 to 46A-1-106, inclusive;(7)To apply for available grant funds and other governmental and nongovernmental financing options to promote the cleanup, reuse, revitalization, and economic development of the property consistent with the purposes of §§46A-1-100 to 46A-1-106, inclusive; and(8)To do and perform all acts authorized in §§46A-1-100 to 46A-1-106, inclusive, and all other acts necessary and proper for carrying out and exercising the powers granted by §§46A-1-100 to 46A-1-106, inclusive. Source: SL 2004, ch 275, §7.
SD Codified L § 46A-2-1 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 02 - South Dakota Conservancy District|Section 46A-2-1 - Creation of South Dakota Conservancy District--Boundaries--Powers.

46A-2-1. Creation of South Dakota Conservancy District--Boundaries--Powers.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 governmental agency, body politic and corporate with authority to exercise the powers specified in this chapter. Source: SL 1959, ch 453, §5; SDC Supp 1960, §61.1405; SDCL, §46-17-4; SL 1987, ch 29, §56.
SD Codified L § 46A-2-3 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 02 - South Dakota Conservancy District|Section 46A-2-3 - Intent to relate financing of water resources projects to degree of benefits received.

46A-2-3. Intent to relate financing of water resources projects to degree of benefits received.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 forthcoming for those phases of water resources development which concern the general welfare of the people in the state and result in statewide benefits;(2)Provisions whereby specific areas will finance those phases of water resources development which provide general benefits to the people in such areas;(3)Provisions whereby water users or direct beneficiaries of water control and regulation will finance those phases of water resources development which provide water for use or which protect or enhance the value of property;(4)Provisions whereby assignment of administrative jurisdiction and responsibility for the various phases of water resources development are related to such variable degrees of benefits. Source: SL 1959, ch 453, §3; SDC Supp 1960, §61.1403; SDCL, §46-17-2; SL 1984 (SS), ch 1, §65.
SD Codified L § 46A-2-5 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 02 - South Dakota Conservancy District|Section 46A-2-5 - Board of directors abolished--Performance of functions.

46A-2-5. Board of directors abolished--Performance of functions.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; SL 2021, ch 1 (Ex. Ord. 21-3), §14, eff. Apr. 19, 2021.
SD Codified L § 46A-2-6 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 02 - South Dakota Conservancy District|Section 46A-2-6 - Offices of district.

46A-2-6. Offices of district.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, ch 165, §313; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
SD Codified L § 46A-2-7 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 02 - South Dakota Conservancy District|Section 46A-2-7 - Quorum of board--Actions on notes or bonds.

46A-2-7. Quorum of board--Actions on notes or bonds.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. Source: SL 1959, ch 453, §6; SDC Supp 1960, §61.1406; SDCL, §46-17-11; SL 1979, ch 301, §3.
SD Codified L § 46A-2-8 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 02 - South Dakota Conservancy District|Section 46A-2-8 - Rules--Delegation of authority by board.

46A-2-8. Rules--Delegation of authority by board.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), ch 1, §65; SL 1986, ch 27, §48; SL 1987, ch 328, §2; SL 1993, ch 256, §65.
SD Codified L § 46A-2-11 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 02 - South Dakota Conservancy District|Section 46A-2-11 - Board may sue and be sued.

46A-2-11. Board may sue and be sued.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.
SD Codified L § 46A-2-12 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 02 - South Dakota Conservancy District|Section 46A-2-12 - Legal adviser of board--Cooperation of state agencies at request of board.

46A-2-12. Legal adviser of board--Cooperation of state agencies at request of board.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, §46-17-8.
SD Codified L § 46A-2-13 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 02 - South Dakota Conservancy District|Section 46A-2-13 - Coordination of water resources project activities.

46A-2-13. Coordination of water resources project activities.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 beneficial use facilities and to ensure maximum consideration of local needs and desires. Source: SL 1959, ch 453, §9; SDC Supp 1960, §61.1409 (1); SDCL, §46-17-16.
SD Codified L § 46A-2-14 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 02 - South Dakota Conservancy District|Section 46A-2-14 - Acquisition and disposition of property necessary for water resources projects--Use by local project sponsors.

46A-2-14. Acquisition and disposition of property necessary for water resources projects--Use by local project sponsors.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 project; hold and use the property, lease, or otherwise dispose of any part of the property; or sell the property if not required for water resources project use, and no longer necessary to its use. The board may enter into rental or other agreements with local project sponsors to allow local project sponsors to use property controlled by the board or Department of Agriculture and Natural Resources according to terms and conditions specified by the board. In carrying out this section the board shall follow the procedures required in the case of counties under the laws of South Dakota. Source: SL 1959, ch 453, §8; SDC Supp 1960, §61.1408 (2); SDCL §46-17-17; SL 1984 (SS), ch 1, §65; SL 1986, ch 370, §1; SL 2011, ch 165, §315; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
SD Codified L § 46A-2-15 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 02 - South Dakota Conservancy District|Section 46A-2-15 - Powers of district with respect to project owned and operated by district or regulated public water utility.

46A-2-15. Powers of district with respect to project owned and operated by district or regulated public water utility.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 charge or charges for water meters or other means necessary for determining the consumption of water from the project; and(3)Require that water for such beneficial uses in this state as the district may determine be made available along the route of the project in this state, in such amounts as the district may determine, up to a maximum of twenty-five percent of the capacity of any privately owned project, to any residential user in this state, upon the payment by the residential user of all costs of tapping into and removing water from the project.The district may promulgate rules pursuant to chapter 1-26 for the exercise of the powers enumerated in this section, including procedures for the establishment of rates and charges and for making available water from the project. Source: SL 1981 (2d SS), ch 1, §7; SDCL Supp, §46-17A-2.1; SL 1993, ch 256, §66; SL 1997, ch 208, §3.
SD Codified L § 46A-2-16 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 02 - South Dakota Conservancy District|Section 46A-2-16 - Leverage lease agreements by board--District as lender and lessee--Sublease of equipment.

46A-2-16. Leverage lease agreements by board--District as lender and lessee--Sublease of equipment.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 South Dakota to a person or persons who agrees to own in fee simple such works and equipment and lease them back to the district or political subdivision. The district may be both lender and lessee on such leverage lease, and, in the event it is lessee, it may sublease such works and equipment. Source: SL 1977, ch 369, §1; SDCL Supp, §46-17-17.1.
SD Codified L § 46A-2-17 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 02 - South Dakota Conservancy District|Section 46A-2-17 - Eminent domain--Exercise of power by board.

46A-2-17. Eminent domain--Exercise of power by board.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 district is unable to acquire by negotiation. Source: SL 1959, ch 453, §8; SDC Supp 1960, §61.1408 (3); SDCL, §46-17-18; SL 1987, ch 29, §57.
SD Codified L § 46A-2-18 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 02 - South Dakota Conservancy District|Section 46A-2-18 - Acquisition of water rights by district--Rights to appropriate water for energy industry use.

46A-2-18. Acquisition of water rights by district--Rights to appropriate water for energy industry use.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. Notwithstanding any other provision of law, the district may acquire, by obtaining a permit or permits from the water management board, rights to appropriate water for energy industry use for marketing to energy industry users for such consideration and under such terms and conditions as are fixed by contract or instrument of conveyance. The district may not acquire rights to appropriate more than fifty thousand acre-feet of water for energy industry use per year. Source: SL 1981 (2d SS), ch 1, §3; SDCL Supp, §46-17-18.1.
SD Codified L § 46A-2-19 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 02 - South Dakota Conservancy District|Section 46A-2-19 - Transfer of water rights or permits to appropriate water for energy industry use--Contract provisions.

46A-2-19. Transfer of water rights or permits to appropriate water for energy industry use--Contract provisions.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 conveyance. The contracts represent the entire financial obligation for the use of water owed by an energy industry user to the State of South Dakota and no further fee, tax, or assessment may be levied against the user except for an ad valorem tax as assessed under chapter 10-37. Any such contract may provide that for failure to perform any condition of performance, for breach, for failure of consideration, or for failure to perform any other contractual obligation, the transfer is void. If the Board of Water and Natural Resources determines that such a failure to perform a condition of performance or breach has occurred, it may file with the division of water rights a notice to cancel the permit or license evidencing the transfer after complying with any notice of breach provision or other condition precedent to cancellation specified in the contract. Source: SL 1981 (2d SS), ch 1, §4; SDCL Supp, §46-17-18.2; SL 2011, ch 165, §316.
SD Codified L § 46A-2-20 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 02 - South Dakota Conservancy District|Section 46A-2-20 - Resource development works, construction, operation and maintenance--Exercising powers in water development districts.

46A-2-20. Resource development works, construction, operation and maintenance--Exercising powers in water development districts.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 construction, operation, and maintenance of water resources development works. This section may not be construed to deny the district the right to exercise any of its powers within a water development district:(1)When it has entered into a financing agreement pursuant to §46A-1-49, provided that any water development district in which the project to be financed pursuant to the financing agreement will be located or any water development district that, as determined by the Board of Water and Natural Resources, will be affected by the project has ratified by resolution the resolution of the board recommending construction or authorization of the project;(2)When it has entered into a financing arrangement pursuant to §46A-1-18 without the approval of any water development district; or(3)When consented to or requested by the water development district. Source: SL 1959, ch 453, §9; SDC Supp 1960, §61.1409 (2); SDCL, §46-17-19; SL 1980, ch 310, §13; SL 1981 (2d SS), ch 1, §10; SL 1984 (SS), ch 1, §64; SL 1986, ch 370, §2.
SD Codified L § 46A-2-21 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 02 - South Dakota Conservancy District|Section 46A-2-21 - Interim financing--Eminent domain power--Limitation.

46A-2-21. Interim financing--Eminent domain power--Limitation.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 financing arrangement under §46A-1-18, which cannot be acquired by negotiation. However, this power may not be exercised in connection with any project that may provide or assist in providing water for use in a coal slurry pipeline. Source: SL 1979, ch 301, §6; SDCL Supp, §46-17A-23.5; SL 2011, ch 165, §317.
SD Codified L § 46A-2-22 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 02 - South Dakota Conservancy District|Section 46A-2-22 - Contract for payment of services or performance of work--Board as party--Amount limited to annual appropriation.

46A-2-22. Contract for payment of services or performance of work--Board as party--Amount limited to annual appropriation.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, nothing contained in this chapter or chapters 46A-3A to 46A-3E, inclusive, permits the board to enter into any contracts or agreements that obligate the State of South Dakota beyond the extent of the board's then current annual appropriation. Source: SL 1959, ch 453, §9; SDC Supp 1960, §61.1409 (2); SDCL §46-17-20; SL 1984, ch 12, §71; SL 1984 (SS), ch 1, §65; SL 2011, ch 165, §318.
SD Codified L § 46A-2-23 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 02 - South Dakota Conservancy District|Section 46A-2-23 - Construction of water facilities--Prior approval of water resources project plans.

46A-2-23. Construction of water facilities--Prior approval of water resources project plans.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.
SD Codified L § 46A-2-24 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 02 - South Dakota Conservancy District|Section 46A-2-24 - Cooperation with other agencies in development of water resources projects.

46A-2-24. Cooperation with other agencies in development of water resources projects.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 conservation, control, and beneficial use of water, including domestic water supply. The board may perform independent studies and investigations, or otherwise consider the benefits of possible water resources projects. Source: SL 1959, ch 453, §9; SDC Supp 1960, §61.1409 (1); SDCL, §46-17-22.
SD Codified L § 46A-2-25 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 02 - South Dakota Conservancy District|Section 46A-2-25 - Acceptance of assistance to aid and promote water resources projects.

46A-2-25. Acceptance of assistance to aid and promote water resources projects.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 project. Source: SL 1959, ch 453, §8; SDC Supp 1960, §61.1408 (4); SL 1964, ch 223, §2; SDCL §46-17-23; SL 2011, ch 165, §319.
SD Codified L § 46A-2-26 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 02 - South Dakota Conservancy District|Section 46A-2-26 - Cooperation and performance of obligations entered into with United States for water resources projects.

46A-2-26. Cooperation and performance of obligations entered into with United States for water resources projects.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 of obligations entered into with the United States for the construction, operation, or maintenance of water resources projects or for accomplishment of the purposes and intents of this chapter and chapters 46A-3A to 46A-3E, inclusive. Source: SL 1959, ch 453, §8; SDC Supp 1960, §61.1408 (5); SDCL §46-17-24; SL 1984 (SS), ch 1, §65; SL 2011, ch 165, §320.