reglab/housing_qa huggingface dataset:
SD Codified L § 46A-1-60 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 01 - State Water Resources Management|Section 46A-1-60 - Water and environment fund--Establishment--Moneys in fund.

46A-1-60. Water and environment fund--Establishment--Moneys in fund.There is hereby established in the state treasury a special capital projects fund to be designated as the South Dakota water and environment fund. This fund shall consist of all moneys from all lawful public and private sources, including legislative appropriations, federal grants for capitalization of either a state water pollution control revolving fund or a state drinking water revolving fund or both, interest on investments, and principal and interest on loans made from the fund received by the district that are available for water facilities as provided by this chapter. The water and environment fund need not include any funds which are not required to be deposited therein as provided in §46A-1-48. Source: SL 1972, ch 241, §54; SL 1982, ch 316, §1; SDCL Supp, §46-17A-53; SL 1988, ch 363, §6; SL 1988, ch 364, §3; SL 1992, ch 254, §8; SL 1994, ch 347, §3.
SD Codified L § 46A-1-60.1 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 01 - State Water Resources Management|Section 46A-1-60.1 - Water pollution control revolving fund program and state drinking water revolving fund program established--Program subfunds created--Deposits into subfunds and use thereof.

46A-1-60.1. Water pollution control revolving fund program and state drinking water revolving fund program established--Program subfunds created--Deposits into subfunds and use thereof.The state water pollution control revolving fund program and the state drinking water revolving fund program are hereby established. Program subfunds shall be created within the water and environment fund established pursuant to §46A-1-60. The required subfunds shall be maintained separately, and all federal, state, and other funds for use in the program shall be deposited into the respective subfund, including all federal grants for capitalization of either a state water pollution control revolving fund or a state drinking water revolving fund or both, all repayments of assistance awarded from the subfund, interest on investments made on money in the subfund, proceeds of discretionary bond issues allowed by §46A-1-31, and principal and interest on loans made from the fund. Money in the subfund may be used only for purposes authorized under federal law. The subfund may be pledged or assigned by the district to or in trust for the holder or holders of the bonds of the district and may be transferred to and held by a trustee or trustees pursuant to §46A-1-39.The board shall promulgate rules pursuant to chapter 1-26, to implement the provisions of this section consistent with the requirements of federal law in order for an approved state water pollution control revolving fund or a state drinking water revolving fund to become eligible for grant funds from the United States Environmental Protection Agency. Source: SL 1988, ch 364, §1; SL 1989, ch 385, §24; SL 1992, ch 254, §8; SL 1994, ch 347, §4; SL 1995, ch 251, §29.
SD Codified L § 46A-1-60.2 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 01 - State Water Resources Management|Section 46A-1-60.2 - Disbursements from and administration of water pollution control revolving fund program and state drinking water revolving fund program--Sections 46A-1-61 to 46A-1-69 inapplicable.

46A-1-60.2. Disbursements from and administration of water pollution control revolving fund program and state drinking water revolving fund program--Sections 46A-1-61 to 46A-1-69 inapplicable.Funds from the state water pollution control revolving fund program and the state drinking water revolving fund program shall be disbursed and administered according to rules promulgated by the Board of Water and Natural Resources pursuant to chapter 1-26, §46A-1-65 and the provisions of §§46A-1-60 to 46A-1-60.3, inclusive. Sections 46A-1-61 to 46A-1-69, inclusive, do not apply to the subfund of the water and environment fund or loans therefrom pursuant to the state water pollution control revolving fund program and the drinking water revolving fund program described in §§46A-1-60 to 46A-1-60.3, inclusive.The board shall promulgate rules pursuant to chapter 1-26, to implement the provisions of this section consistent with the requirements of federal law in order for an approved state water pollution control revolving fund or a state drinking water revolving fund to become eligible for grant funds from the United States Environmental Protection Agency. Source: SL 1988, ch 364, §2; SL 1989, ch 385, §25; SL 1991, ch 17 (Ex. Ord. 91-4), §17; SL 1992, ch 254, §8; SL 1993, ch 256, §62; SL 1994, ch 347, §5; SL 1995, ch 251, §30.
SD Codified L § 46A-1-60.3 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 01 - State Water Resources Management|Section 46A-1-60.3 - Rules for selection of projects to receive funds from water pollution control revolving fund program and state drinking water revolving fund program and administration of same.

46A-1-60.3. Rules for selection of projects to receive funds from water pollution control revolving fund program and state drinking water revolving fund program and administration of same.The Board of Water and Natural Resources may, by rules promulgated pursuant to chapter 1-26, establish criteria and procedures for the selection of projects to receive funds from the state water pollution control revolving fund program and the state drinking water revolving fund program and for the administration of the programs. Source: SL 1988, ch 364, §4; SL 1991, ch 17 (Ex. Ord. 91-4), §17; SL 1994, ch 347, §6.
SD Codified L § 46A-1-61 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 01 - State Water Resources Management|Section 46A-1-61 - Authorization required for disbursements from fund--Form of appropriation from fund--Limit on grants.

46A-1-61. Authorization required for disbursements from fund--Form of appropriation from fund--Limit on grants.All money disbursed from the water and environment fund shall be authorized by an act of the Legislature for projects approved as part of the state water resources management system or for ongoing programs that have been or shall be established by the Legislature for the purpose of managing the state's water resources. All appropriations from the fund shall be in the form of loans unless otherwise directed by the Legislature. A grant from the fund made after July 1, 1982, for any project may not exceed eighty percent of the nonfederal share of expenditures for that project. Source: SL 1972, ch 241, §55; SL 1981 (2d SS), ch 3, §3; SL 1982, ch 316, §2; SDCL Supp, §46-17A-54; SL 1983, ch 315, §15; SL 1986, ch 291, §3; SL 1992, ch 254, §§8, 10; SL 1993, ch 334, §4; SL 2006, ch 2, §35.
SD Codified L § 46A-1-62 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 01 - State Water Resources Management|Section 46A-1-62 - Disbursements from capital projects fund.

46A-1-62. Disbursements from capital projects fund.Disbursements from the South Dakota water and environment fund shall be on warrants drawn by the state auditor pursuant to vouchers approved by the secretary of the Department of Agriculture and Natural Resources. Source: SL 1972, ch 241, §54; SDCL Supp, §46-17A-55; SL 1992, ch 254, §§8, 98; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
SD Codified L § 46A-1-63 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 01 - State Water Resources Management|Section 46A-1-63 - Energy industry use funds deposit--Deposit of funds recovered through lawsuit or settlement.

46A-1-63. Energy industry use funds deposit--Deposit of funds recovered through lawsuit or settlement.Funds accruing to the district under contract or instrument of conveyance for energy industry use under §46A-2-19, received under §46A-2-25 or any other source unless otherwise provided by law, shall be deposited in the South Dakota water and environment fund established by §46A-1-60. Funds, including damages, interest, costs, and fees, recovered as a result of any lawsuit or settlement involving a contract or instrument of conveyance for energy industry use in which the conservancy district was party, shall be deposited in the water and environment program, except that any attorney fees and costs associated with the lawsuit or settlement shall be deposited in the fund created pursuant to §1-11-6.1. Source: SL 1981 (2d SS), ch 3, §1; SL 1982, ch 28, §15; SDCL Supp, §46-17A-53.1; SL 1985, ch 354, §2; SL 1989, ch 385, §25A; SL 1992, ch 254, §8.
SD Codified L § 46A-1-63.1 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 01 - State Water Resources Management|Section 46A-1-63.1 - Consolidated water facilities construction program--Disbursements.

46A-1-63.1. Consolidated water facilities construction program--Disbursements.The state consolidated water facilities construction program is hereby established. Under this program the Board of Water and Natural Resources may grant or loan funds from the water and environment fund or from the proceeds of its discretionary bond issues allowed by §46A-1-31 for construction of projects included in the state water facilities plan. Disbursements made through the consolidated water facilities construction program shall conform to the provisions of §§46A-1-61 and 46A-2-3. Source: SL 1986, ch 291, §4; SL 1987, ch 29, §98; SL 1989, ch 385, §13; SL 1991, ch 17 (Ex. Ord. 91-4), §17; SL 1992, ch 254, §8; SL 1993, ch 34, §8.
SD Codified L § 46A-1-63.2 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 01 - State Water Resources Management|Section 46A-1-63.2 - 46A-1-63.2, 46A-1-63.3.Expired

  46A-1-63.2, 46A-1-63.3.   Expired
SD Codified L § 46A-1-64 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 01 - State Water Resources Management|Section 46A-1-64 - Limit on loans or grants to projects in water facilities plan--Security for loans.

46A-1-64. Limit on loans or grants to projects in water facilities plan--Security for loans.In administering the consolidated water facilities construction program, the Board of Water and Natural Resources may loan or grant a sum equal to the construction cost as estimated by the board but not to exceed two million dollars to any project in the state water facilities plan without specific authorization of the Legislature. Loans shall be secured by the best security position available. A pledge of assets owned by the entity receiving a loan and project revenues shall constitute sufficient minimum security for loans under this section. Source: SL 1976, ch 282, §3; SL 1977, ch 378; SDCL Supp, §46-17A-54.1; SL 1983, ch 315, §16; SL 1986, ch 291, §5; SL 1989, ch 385, §14; SL 1991, ch 17 (Ex. Ord. 91-4), §17; SL 2015, ch 224, §8, eff. Mar. 12, 2015.
SD Codified L § 46A-1-65 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 01 - State Water Resources Management|Section 46A-1-65 - Criteria for selection of projects to receive loans or grants--Regulation of loans or grants.

46A-1-65. Criteria for selection of projects to receive loans or grants--Regulation of loans or grants.The Board of Water and Natural Resources may establish by rules enacted pursuant to the provisions of chapter 1-26 criteria for the selection of water resources projects to receive loans or grants pursuant to §46A-1-64 or to receive other loans or grants from the water and environment fund and for the regulation of the terms, conditions, and administration of such loans or grants. Source: SL 1982, ch 316, §3; SDCL Supp, §46-17A-54.2; SL 1983, ch 315, §10; SL 1986, ch 291, §6; SL 1987, ch 328, §4; SL 1992, ch 254, §8.
SD Codified L § 46A-1-66 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 01 - State Water Resources Management|Section 46A-1-66 - Interest on loans.

46A-1-66. Interest on loans.Loans made from the South Dakota Water and Environment Program by the South Dakota Conservancy District shall bear no interest until the Water Management Board has issued its final decision to grant a permit to appropriate water under chapter 46-5 or chapter 46-6 for the project for which the loan is made. Except as provided in §46A-1-69, beginning with the date of the final decision of the Water Management Board, a loan from the water and environment fund shall bear interest at an annual rate not to exceed ten percent as determined by the Board of Water and Natural Resources. In establishing the interest rate, however, the Board of Water and Natural Resources shall give due regard to the maximum rate of interest which the project may economically afford. Source: SL 1982, ch 316, §6A; SDCL Supp, §46-17A-54.3; SL 1983, ch 315, §12; SL 1992, ch 254, §8.
SD Codified L § 46A-1-67 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 01 - State Water Resources Management|Section 46A-1-67 - Term of loans--Capitalization and refinancing of loans for purposes other than construction.

46A-1-67. Term of loans--Capitalization and refinancing of loans for purposes other than construction.Loans from the South Dakota water and environment fund shall be for a term of years established by the board but may not exceed forty years for construction loans except as provided in §46A-1-69, the useful life of the equipment for equipment loans, or seven years for loans for other purposes. Loans made for purposes other than construction may, however, be capitalized and refinanced as construction loans when the project proceeds to construction. Source: SL 1982, ch 316, §6B; SDCL Supp, §46-17A-54.4; SL 1983, ch 315, §13; SL 1992, ch 254, §§8, 11; SL 2016, ch 218, §6, eff. Feb. 18, 2016.
SD Codified L § 46A-1-67.1 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 01 - State Water Resources Management|Section 46A-1-67.1 - Repayment of loan may be deferred until execution of contract for project construction.

46A-1-67.1. Repayment of loan may be deferred until execution of contract for project construction.The provisions of §46A-1-67 notwithstanding, repayment of any water project study loan that has been made or will be made pursuant to chapter 46A-1 by agreement between the South Dakota Conservancy District and any public or private entity may be deferred until the entity has executed a contract with the United States for the purpose of constructing the water project that was the subject of the study loan agreement. Source: SL 1987, chapter 330, §2.
SD Codified L § 46A-1-68 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 01 - State Water Resources Management|Section 46A-1-68 - Loan terms set by Legislature.

46A-1-68. Loan terms set by Legislature.Sections 46A-1-66 and 46A-1-67 notwithstanding, the terms and conditions for loans for the actual construction of water resources projects contained in the state water resources management system shall be set by an act of the Legislature. This section shall not apply to loans made pursuant to §46A-1-64. Source: SL 1982, ch 316, §6C; SDCL Supp, §46-17A-54.5.
SD Codified L § 46A-1-68.1 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 01 - State Water Resources Management|Section 46A-1-68.1 - Deposit of money received from fund.

46A-1-68.1. Deposit of money received from fund.Any person who receives money from the state water and environment fund may deposit such money and any associated matching funds in the state treasury. Source: SL 1985, ch 354, §1; SL 1992, ch. 254, §8.
SD Codified L § 46A-1-69 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 01 - State Water Resources Management|Section 46A-1-69 - Suspension of annual installment due on loan for irrigation project.

46A-1-69. Suspension of annual installment due on loan for irrigation project.Upon application to the Board of Water and Natural Resources by a party to the loan agreement, the board may suspend payment of any annual installment due on a loan made for the purpose of constructing an irrigation project when the board finds that because the prices of the crops being irrigated in that year have been lower than the costs of producing those crops, the borrower will suffer undue financial hardship. In making such determination, the board shall consider the annual installment due and a reasonable return to the farmer as costs of production and shall further consider the effect previous years' prices should have had on the borrower's current financial condition. Interest shall not accrue on the loan over the period for which repayment is suspended, and the term of the loan shall be extended for the number of years annual payments are suspended. Source: SL 1983, ch 315, §11; SDCL Supp, §46-17A-54.6.
SD Codified L § 46A-1-70 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 01 - State Water Resources Management|Section 46A-1-70 - Financial reporting of projects--Auditing.

46A-1-70. Financial reporting of projects--Auditing.It is hereby required, for the purpose of financial reporting, each project to be owned and operated by the district will have its financial affairs, expenditures, and revenues, set out clearly in the financial statement and that the South Dakota auditor general will audit each project on a separate basis and attest to the aforementioned financial condition of each separate project as presented in the financial report. The Board of Water and Natural Resources may accept a financial audit performed by a qualified independent auditor in lieu of an audit by the auditor general. A financing arrangement or financing agreement entered into by the district may contain provisions requiring the person or public entity receiving the financing to submit financial reports and audits. Source: SL 1972, ch 241, §56; SL 1979, ch 301, §11; SL 1981 (2d SS), ch 1, §19; SDCL Supp, §46-17A-56.
SD Codified L § 46A-1-71 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 01 - State Water Resources Management|Section 46A-1-71 - Legislative findings regarding need for program of statewide water development and financing.

46A-1-71. Legislative findings regarding need for program of statewide water development and financing.The Legislature finds that the proposed use of Madison formation water for widespread energy development in Wyoming presents an immediate threat to ground and surface water supplies and agricultural, domestic, environmental, and other beneficial water uses in western South Dakota; that prolonged and existing drought conditions in western South Dakota require the immediate provision of adequate and potable water supplies to municipalities and individual farms and ranches for human and animal consumption, and the failure to provide such water supplies endangers the economic viability of the agricultural industry in western South Dakota and the economy of the state as a whole; that the general lack of any water supply at all and the continued existence of water supplies containing radium, sulfates, iron, manganese, chlorides, fluorides, and nitrates constitutes an immediate and chronic hazard to the health, safety, and welfare of municipal and rural residents in the western portion of the state and requires the provision of adequate quantities of quality water to these residents; and that the economy of the state as a whole has been ravaged by the effects of drought to the extent that a general program of statewide water development and financing is immediately necessary to prevent widespread economic disaster. Source: SL 1981 (2d SS), ch 1, §1; SL 1981 (2d SS), ch 2, §1; SDCL Supp, §46-17A-3.4.
SD Codified L § 46A-1-72 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 01 - State Water Resources Management|Section 46A-1-72 - Pipeline or aqueduct construction authorized--Use of water.

46A-1-72. Pipeline or aqueduct construction authorized--Use of water.Construction of a pipeline or aqueduct from a mainstream Missouri reservoir, the Missouri River itself, or adjacent aquifers to one or more communities in South Dakota is hereby authorized for a main delivery pipeline capable of delivering water sufficient to supply or supplement the needs of the communities and other private or commercial users purchasing water from the communities. Source: SL 1981 (2d SS), ch 2, §2; SDCL Supp, §46-17A-3.5; SL 2004, ch 274, §1.
SD Codified L § 46A-1-73 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 01 - State Water Resources Management|Section 46A-1-73 - Financing of pipelines or aqueducts--Bonds--Loans.

46A-1-73. Financing of pipelines or aqueducts--Bonds--Loans.The South Dakota Conservancy District is hereby authorized to issue bonds for pipelines or aqueducts pursuant to §46A-1-72 in an amount not to exceed five hundred million dollars. However, no single pipeline or aqueduct project may exceed an amount of seventy-five million dollars. The district may enter into a financing agreement to loan the proceeds of the bonds as authorized by law. The financing agreement shall provide for repayment of the loan through payments sufficient to pay the principal of, premium, if any, and interest on the bonds. The loan shall be secured by contracts for the delivery and sale of water and such additional security as is necessary for repayment and to market the bonds. The bonds do not constitute an indebtedness of the state and do not constitute nor give rise to a pecuniary or moral liability of the state or a charge against its general credit or taxing powers. No tax revenues of the state, its people, or any of its political subdivisions may be in any manner obligated to pay for any portion of the construction or financing of the pipeline or aqueduct. Source: SL 1981 (2d SS), ch 2, §3; SDCL Supp, §46-17A-3.6; SL 2004, ch 274, §2.
SD Codified L § 46A-1-78 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 01 - State Water Resources Management|Section 46A-1-78 - Moratorium on Oahe project construction as public policy of state--Study of alternate projects--Negotiation of settlement for land losses.

46A-1-78. Moratorium on Oahe project construction as public policy of state--Study of alternate projects--Negotiation of settlement for land losses.It is hereby declared to be the public policy and in the best interests of the State of South Dakota and its people that a moratorium be placed upon further construction of the Oahe Irrigation Project and the congressional authorization be retained until studies and negotiations for acceptable alternate water development projects or a negotiated monetary settlement to compensate for land loss in South Dakota as a result of Missouri mainstem impoundments are completed. Source: SL 1977, ch 370, §1; SL 1978, ch 333, §3; SDCL Supp, §46-17A-3.1.
SD Codified L § 46A-1-81 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 01 - State Water Resources Management|Section 46A-1-81 - Amount of funds required for dredge maintenance and repair and other expenses.

46A-1-81. Amount of funds required for dredge maintenance and repair and other expenses.The Board of Water and Natural Resources, in any contract with the local project sponsor of a dredging project, may establish the amount of funds required for dredge maintenance and repair and other expenses associated with the project, pursuant to section 1A of chapter 369 of the 1986 Session Laws. Source: SL 1987, ch 331, §2.