reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 14 - Watershed Districts › Section 46A-14-72 - Acquisition of real estate or easement therein by watershed district--Purchase--Condemnation, appraisal of premises involved.

46A-14-72. Acquisition of real estate or easement therein by watershed district--Purchase--Condemnation, appraisal of premises involved.
The watershed district may purchase such real estate or easement therein as it may need and if it cannot agree on the purchase price on any needed real estate or easement therein, it may condemn the same. If the watershed district finds it expedient or necessary for the maintenance of any part of its improvement already constructed to add thereto further construction in the nature of settling basins, conservation lakes, or other improvements, the watershed district, if not able to agree with the landowner on the terms for the acquisition of the interest in land needed or the yearly cash rental of any premises taken and used for such purpose, may condemn for the purpose of fixing the amount to be paid for the interest in the land or the yearly rental for the land so taken. The appraisal of the premises involved shall be made by a committee composed of the aggrieved, a district manager, and these two shall elect a third member. If the watershed district takes or damages the real estate of any minor or protected person, the conservator of such minor or protected person may agree and settle with the watershed district for all damages or claims by reason of taking such real estate or easement, and may give valid releases and discharge therefor.
Source:
SL 1957, ch 492, §28; SL 1959, ch 452, §22; SDC Supp 1960, §61.1528; SDCL, §46-24-71; SL 1993, ch 213, §246.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 14 - Watershed Districts › Section 46A-14-73 - Contracts between district and others--Purposes--Referendum by voters where contract will require increased taxes or assessments.

46A-14-73. Contracts between district and others--Purposes--Referendum by voters where contract will require increased taxes or assessments.
The managers may enter into contracts or other arrangements with any agency of the United States government; with persons, railroads, or other corporations; with public and municipal corporations and the state government of this state; or with drainage, soil and water conservation, conservancy, sewer, park, sanitary, reclamation, public power, public power and irrigation, watershed, or other improvement districts, in this or other states, for cooperation, or assistance in constructing, maintaining, using, and operating the works of the districts, the waters of the districts, or in minimizing or preventing damage to the properties, works, and improvements of the districts from soil erosion; or for making surveys and investigations or reports on the surveys and investigations. However no contract or agreement for purposes of implementing the general plan of improvements that will require the levy of increased taxes or assessments may be signed by the managers without submitting the increased taxes or assessments to the eligible voters of the watershed district for approval.
Source:
SL 1957, ch 492, §29; SL 1959, ch 452, §23; SDC Supp 1960, §61.1529; SDCL §46-24-72; SL 2011, ch 165, §533; SL 2013, ch 228, §49.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 14 - Watershed Districts › Section 46A-14-74 - Funds of district--Deposit by secretary-treasurer in approved depository--Warrants.

46A-14-74. Funds of district--Deposit by secretary-treasurer in approved depository--Warrants.
All funds of the district shall be deposited by the district secretary-treasurer in a depository designated and approved by the managers at a regular meeting, and all warrants as provided for in §46A-14-75, shall be drawn on the watershed district.
Source:
SL 1957, ch 492, §32; SL 1959, ch 452, §26; SDC Supp 1960, §61.1532; SDCL, §46-24-73.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 14 - Watershed Districts › Section 46A-14-75 - Claims against district--Payment by warrant or order--Registration.

46A-14-75. Claims against district--Payment by warrant or order--Registration.
All claims against watershed districts shall be paid by warrants or orders drawn on the district secretary-treasurer, signed by the chair of the district and countersigned by its secretary-treasurer. When warrants or orders have been issued and delivered, they may be presented to the treasurer of the watershed district. If necessary, the treasurer shall endorse them "not paid for want of funds." These orders or warrants shall be registered by the secretary-treasurer in order of presentation and shall draw interest per year at a rate negotiated by the parties from the date of registration. They shall be registered by the district secretary-treasurer in anticipated receipt of watershed district taxes or assessments due the district.
Source:
SL 1957, ch 492, §31; SL 1959, ch 452, §25; SDC Supp 1960, §61.1531; SDCL §46-24-74; SL 1983, ch 28, §63; SL 2011, ch 165, §534.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 14 - Watershed Districts › Section 46A-14-76 - Services performed by county officials and Board of Water and Natural Resources free of charge.

46A-14-76. Services performed by county officials and Board of Water and Natural Resources free of charge.
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, ch 452, §26; SDC Supp 1960, §61.1532; SDCL, §46-24-75.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 14 - Watershed Districts › Section 46A-14-77 - Annual reports of district engineer, secretary, and managers.

46A-14-77. Annual reports of district engineer, secretary, and managers.
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 district, the status of all projects and work, the business transacted by the district, and other matters affecting the interests of the district.
Source:
SL 1957, ch 492, §19; SDC Supp 1960, §61.1519; SDCL §46-24-76; SL 1995, ch 253, §11; SL 2013, ch 228, §50.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 14 - Watershed Districts › Section 46A-14-80 - Operation of watershed district, investigation by board--Hearings, order to correct detrimental operation--Enforcement of order by injunction.

46A-14-80. Operation of watershed district, investigation by board--Hearings, order to correct detrimental operation--Enforcement of order by injunction.
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 particular district are not being conducted in a manner which the board believes is providing the greatest utilization of such waters, then the board may in its discretion hold a hearing to develop the necessary facts and information. Thereupon, if the board decides that affirmative action is required to correct the practices engaged in by such district the board shall order the managers to correct the detrimental operation. In case of failure by the managers to make the corrections ordered, the board is empowered to procure an order from a court of competent jurisdiction to prevent the district from further engagement in such detrimental operations.
Source:
SL 1957, ch 492, §20; SL 1959, ch 452, §15; SDC Supp 1960, §61.1520; SDCL, §46-24-79.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 14 - Watershed Districts › Section 46A-14-81 - Dissolution of district where federal watershed project not certified infeasible--Special election--Notice--Ballots.

46A-14-81. Dissolution of district where federal watershed project not certified infeasible--Special election--Notice--Ballots.
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 eligible voters of the district petition the managers to call a special election to submit to the eligible voters of the watershed district a proposition to vote on the discontinuance of the watershed district and a settlement of its bonded and other indebtedness, the managers shall call a special election for those purposes and shall publish notice of the election in a legal newspaper of general circulation in the county or counties in the watershed district once each week for three consecutive publications. The notice shall state that an election is to be held to determine whether the watershed district should be dissolved. The ballots shall read as follows:
For dissolution of (Name) Watershed District ()
Against dissolution of (Name) Watershed District ()
Source:
SL 1957, ch 492, §34; SL 1959, ch 452, §28; SDC Supp 1960, §61.1534; SDCL §46-24-80; SL 1980, ch 312, §1; SL 1989, ch 389, §10; SL 2013, ch 228, §54.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 14 - Watershed Districts › Section 46A-14-82 - Dissolution of district--Federal project not certified infeasible--Special election--Percent required to dissolve--Notice to creditors--Auction--Proration of funds remaining.

46A-14-82. Dissolution of district--Federal project not certified infeasible--Special election--Percent required to dissolve--Notice to creditors--Auction--Proration of funds remaining.
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 auction to the highest bidder, as directed by the managers. After all obligations have been met, the remaining funds, if any, shall be prorated back to the landowners in proportion to their last year of assessment.
Source:
SL 1957, ch 492, §34; SL 1959, ch 452, §28; SDC Supp 1960, §61.1534; SDCL, §46-24-81; SL 1980, ch 312, §3; SL 1988, ch 367, §4.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 14 - Watershed Districts › Section 46A-14-83 - Dissolution of district--Federal project not certified infeasible--Proposal defeated, three years before another vote on question.

46A-14-83. Dissolution of district--Federal project not certified infeasible--Proposal defeated, three years before another vote on question.
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.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 14 - Watershed Districts › Section 46A-14-84 - Request that federal project be certified infeasible.

46A-14-84. Request that federal project be certified infeasible.
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 provisions outlined in §§46A-14-85 to 46A-14-89, inclusive.
Source:
SL 1980, ch 312, §4; SDCL Supp, §46-24-82.1; SL 2013, ch 228, §55.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 14 - Watershed Districts › Section 46A-14-85 - Dissolution of district where federal watershed project certified infeasible.

46A-14-85. Dissolution of district where federal watershed project certified infeasible.
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 Commission for approval.
Source:
SL 1980, ch 312, §5; SDCL Supp, §46-24-82.2; SL 2013, ch 228, §56.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 14 - Watershed Districts › Section 46A-14-86 - Public hearing--Publication of notice.

46A-14-86. Public hearing--Publication of notice.
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 to determine voter opinion on dissolution if the board feels a vote is necessary. Notice of the meeting shall be published by the watershed district board in the major newspaper in the district at least once a week for at least two weeks before the meeting.
Source:
SL 1980, ch 312, §6; SDCL Supp, §46-24-82.3; SL 2013, ch 228, §57.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 14 - Watershed Districts › Section 46A-14-87 - State Conservation Commission determination on proposed dissolution.

46A-14-87. State Conservation Commission determination on proposed dissolution.
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 attitude displayed at the public hearing, and all other information the members of the commission deem relevant. At least one watershed district board member shall be present at the commission meeting to testify.
Source:
SL 1980, ch 312, §7; SDCL Supp, §46-24-82.4; SL 2013, ch 228, §58.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 14 - Watershed Districts › Section 46A-14-88 - Effective date of dissolution.

46A-14-88. Effective date of dissolution.
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.
Source:
SL 1980, ch 312, §8; SDCL Supp, §46-24-82.5; SL 2013, ch 228, §59.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 14 - Watershed Districts › Section 46A-14-89 - Division and apportionment of funds and assets of dissolved district.

46A-14-89. Division and apportionment of funds and assets of dissolved district.
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 dissolved district. The requirements of this section relating to the division and apportionment of watershed district funds and assets do not apply to any watershed district that is abolished pursuant to §46A-14-33 in conjunction with combining the watershed district with another watershed district or annexing additional areas to the watershed district.
Source:
SL 1980, ch 312, §9; SDCL Supp, §46-24-82.6; SL 2013, ch 228, §60.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 14 - Watershed Districts › Section 46A-14-91 - Vested rights protected.

46A-14-91. Vested rights protected.
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 364, §3.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 15 - Missouri River Development › Section 46A-15-1 - Cooperation with other governmental agencies in promotion and development--Authority of Governor.

46A-15-1. Cooperation with other governmental agencies in promotion and development--Authority of Governor.
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 navigation thereof, and curtail the destructive effects of erosion and the carrying forward of silt and aid in the control of flood waters thereof.
Source:
SDC 1939, §55.4801; SDCL, §46-27-1.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 15 - Missouri River Development › Section 46A-15-2 - Disbursement of funds.

46A-15-2. Disbursement of funds.
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 vouchers approved by the Governor.
Source:
SDC 1939, §55.4802; SDCL §46-27-2; SL 2011, ch 165, §535.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 15 - Missouri River Development › Section 46A-15-4 - Improving navigation on Missouri river--Expenditure of funds by counties upon voter approval--Appropriations.

46A-15-4. Improving navigation on Missouri river--Expenditure of funds by counties upon voter approval--Appropriations.
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 conjunction with appropriations made by the United States government in proportionate amounts as may be agreed upon by the county board of commissioners and the chief of engineers of the United States Army for the purpose of aiding in the securing of a permanent navigable channel in the river. The funds shall be expended in accordance with plans conforming to the character and approved methods of improvement of the river as determined by the chief of engineers of the United States Army.
The county commissioners may appropriate moneys out of the general funds of the county available for county purposes to meet the expense of any such improvements.
Source:
SDC 1939, §12.2902; SDCL §46-27-4; SL 2011, ch 165, §536.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 15 - Missouri River Development › Section 46A-15-5 - Settlement of state claim relating to Pick-Sloan Missouri Basin Program authorized--Damages and obligations enumerated.

46A-15-5. Settlement of state claim relating to Pick-Sloan Missouri Basin Program authorized--Damages and obligations enumerated.
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 the Pick-Sloan Missouri Basin Program created by the Congress of the United States in the 1944 Flood Control Act. The damages and obligations include, but are not limited to, the loss of nearly five hundred thirty thousand acres of land inundated in South Dakota by four Pick-Sloan dams constructed in South Dakota, failure of the federal government to honor its commitment to develop nine hundred seventy-two thousand acres of Pick-Sloan irrigation in South Dakota, a grossly inequitable distribution of Pick-Sloan benefits and costs among the states of the Missouri Basin, significant environmental and bank erosion damages caused by the construction and operation of the Pick-Sloan dams, the loss to South Dakota's economy of more than one billion one hundred million dollars in foregone economic activity because of the removal from production of inundated lands, and the loss of future opportunity for development by the state of the resources of the Missouri River.
Source:
SL 1988, ch 369, §1.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 15 - Missouri River Development › Section 46A-15-6 - Settlement framework--Short-term objectives.

46A-15-6. Settlement framework--Short-term objectives.
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 federal expense, the projects and total project costs enumerated in this section, subject to nonfederal cost-sharing requirements established by Congress and agreed to by the Governor or a designated agent of the Governor and the appropriate local project sponsors. 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 million two hundred thousand dollars remaining total cost;
(b)The WEB Rural Water Development Project at twenty-five million dollars remaining total cost;
(2)Development of the following projects proposed for construction, for which planning has been completed:
(a)The Lake Andes-Wagner/Yankton Sioux (Marty II) Irrigation Project at one hundred sixty-five million dollars total cost;
(b)The Mni Wiconi Rural Water System at one hundred million dollars total cost;
(3)Development of the following projects proposed for construction for which further planning is required:
(a)Multipurpose water supply and irrigation features of the Gregory County Hydroelectric Pumped Storage Facility at one hundred million dollars total cost;
(b)James River Flood Control at twenty million dollars total cost;
(c)The Mid-Dakota Rural Water System at one hundred million dollars total cost;
(d)Missouri River Fish and Wildlife Mitigation at thirty-five million dollars total cost;
(e)Missouri River Streambank Erosion Control at seventy-five million dollars total cost;
(f)Integration into the Pick-Sloan program for Missouri River Riverside Irrigation Projects at five million dollars for federal study purposes, subject to recommendation by the Missouri River Cost Recovery Authority;
(g)Rural and municipal water systems at one hundred million dollars total cost; and
(h)Lewis and Clark Rural Water System at one hundred million dollars total cost.
Source: SL 1988, ch 369, §2; SL 1990, ch 365; SL 1992, ch 254, §15; SL 2023, ch 3, §39.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 15 - Missouri River Development › Section 46A-15-7 - Long-term objectives.

46A-15-7. Long-term objectives.
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-term objectives as recommended by the Board of Water and Natural Resources in its report to the Governor entitled "South Dakota Missouri River Pick-Sloan Water Initiative", December 1987.
Source:
SL 1988, ch 369, §3; SL 1991, ch 17 (Ex. Ord. 91-4), §17.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 15 - Missouri River Development › Section 46A-15-8 - Authorization of additional future projects not precluded.

46A-15-8. Authorization of additional future projects not precluded.
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. Nothing in §§46A-15-5 to 46A-15-14, inclusive, prevents the authorization of other projects as units of the Pick-Sloan Missouri Basin Program.
Source:
SL 1988, ch 369, §4.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 15 - Missouri River Development › Section 46A-15-9 - Missouri River cost recovery program established as part of settlement--Use of revenue.

46A-15-9. Missouri River cost recovery program established as part of settlement--Use of revenue.
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 pursuant to §46A-1-60 and shall be used to meet water project cost-sharing requirements and for contemporary and future state and local water projects and resource management activities in South Dakota.
Source:
SL 1988, ch 369, §5; SL 1992, ch 254, §8.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 15 - Missouri River Development › Section 46A-15-10 - Legislative finding as to Missouri River cost recovery program--Authorized as preferred, priority state objective.

46A-15-10. Legislative finding as to Missouri River cost recovery program--Authorized as preferred, priority state objective.
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 objective of the state: Missouri River cost recovery program.
Source:
SL 1988, ch 369, §6.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 15 - Missouri River Development › Section 46A-15-11 - Missouri River cost recovery authority established--Recommendation of options by authority--Limits on recommended options.

46A-15-11. Missouri River cost recovery authority established--Recommendation of options by authority--Limits on recommended options.
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 Missouri River riverside irrigation projects and state-financed development of hydroelectric pumped storage facilities, such as the Gregory County hydroelectric pumped storage facility, under the Missouri River cost recovery program for providing revenues to the state. However, any option recommended by the authority may not result in increased rates for consumers of existing federal hydropower, may not affect the eligibility under federal law for existing hydropower, and may not impair long-term wholesale power supply contracts.
Source:
SL 1988, ch 369, §7.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 15 - Missouri River Development › Section 46A-15-12 - Composition of authority--Chairman--Submission of recommendations--Dissolution.

46A-15-12. Composition of authority--Chairman--Submission of recommendations--Dissolution.
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 appointed by the South Dakota Rural Electric Association, one member appointed by the South Dakota Municipal Electric Association, and one member appointed by the investor owned electric companies of South Dakota. The Governor shall appoint the chairman of the authority from among its membership. The authority shall submit its recommendations to the Governor and the Legislature during the 1989 Legislative Session, at which time the authority shall be dissolved, unless otherwise directed by the Legislature.
Source:
SL 1988, ch 369, §8; SL 1991, ch 17 (Ex. Ord. 91-4), §17.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 15 - Missouri River Development › Section 46A-15-13 - Expenses of members--Staff services--Payment of expenses incurred.

46A-15-13. Expenses of members--Staff services--Payment of expenses incurred.
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 River cost recovery authority. All staff services required by the authority shall be provided by the Department of Agriculture and Natural Resources. All expenses incurred in carrying out the work of the authority, including the per diem and travel expenses of the authority members and staff, shall be paid out of funds appropriated or otherwise made available to the authority.
Source: SL 1988, ch 369, §9; SL 1991, ch 17 (Ex. Ord. 91-4), §17; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 15 - Missouri River Development › Section 46A-15-14 - Governor authorized to negotiate, make agreements, with federal government.

46A-15-14. Governor authorized to negotiate, make agreements, with federal government.
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.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 16 - Minnesota Boundary Waters › Section 46A-16-1 - South Dakota-Minnesota Boundary Waters Commission--Creation--Composition.

46A-16-1. South Dakota-Minnesota Boundary Waters Commission--Creation--Composition.
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 natural resources and the director of the pollution control agency of Minnesota, or their legal successors, and an engineer appointed by the mutual consent of the Governors of South Dakota and Minnesota for a period of four years.
Source:
SL 1939, ch 294, §1; SDC Supp 1960, §55.5301; SDCL §46-29-1; SL 1980, ch 313, §1; SL 1991, ch 17 (Ex. Ord. 91-4), §17; SL 2021, ch 1 (Ex. Ord. 21-3), §53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 16 - Minnesota Boundary Waters › Section 46A-16-3 - Legal advisers to commission.

46A-16-3. Legal advisers to commission.
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.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 16 - Minnesota Boundary Waters › Section 46A-16-4 - Plan for controlling levels of boundary waters.

46A-16-4. Plan for controlling levels of boundary waters.
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 Supp 1960, §55.5302 (1); SDCL §46-29-3; SL 2011, ch 165, §537.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 16 - Minnesota Boundary Waters › Section 46A-16-5 - Hearings on desirable water level and plan of regulation--Orders.

46A-16-5. Hearings on desirable water level and plan of regulation--Orders.
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 of regulation as in the opinion of the commission are for the best interests of the public.
Source:
SL 1939, ch 294, §2; SDC Supp 1960, §55.5302 (4); SDCL §46-29-4; SL 2011, ch 165, §538.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 16 - Minnesota Boundary Waters › Section 46A-16-6 - Hearings by commission--Time and place--Publication of notice--Final orders of commission, publication.

46A-16-6. Hearings by commission--Time and place--Publication of notice--Final orders of commission, publication.
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 of the notice in all legal newspapers in each county bordering on the boundary waters which may be affected by the subject matter of said hearings. All final orders of the commission shall be published once each week for two consecutive weeks in a legal newspaper in each county bordering on the boundary waters which may be affected thereby. The printer's affidavit of publication of all notices and orders shall be filed with the commission.
Source:
SL 1939, ch 294, §3; SDC Supp 1960, §55.5303; SL 1961, ch 278, §1; SDCL, §46-29-5.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 16 - Minnesota Boundary Waters › Section 46A-16-7 - Orders to further purposes of chapter.

46A-16-7. Orders to further purposes of chapter.
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.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 16 - Minnesota Boundary Waters › Section 46A-16-8 - Investigations, surveys and hearings--Procedure for conduct.

46A-16-8. Investigations, surveys and hearings--Procedure for conduct.
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.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 16 - Minnesota Boundary Waters › Section 46A-16-9 - Order of determination of commission regulating water levels--Appeal by aggrieved party to circuit court--Notice of appeal, service--Appeal from judgment of district court to Supreme Court.

46A-16-9. Order of determination of commission regulating water levels--Appeal by aggrieved party to circuit court--Notice of appeal, service--Appeal from judgment of district court to Supreme Court.
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 in which the subject matter of the order of determination is wholly or partially located or to the district court of the county in either state where the capital thereof is located. Notice of appeal must be served upon the commission or any member thereof, within thirty days from the last date of publication of the order appealed from. Appeals may likewise be taken from the judgments of the district court to the Supreme Court of its respective state.
Source:
SL 1939, ch 294, §8; SDC Supp 1960, §55.5308; SDCL, §46-29-8.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 16 - Minnesota Boundary Waters › Section 46A-16-10 - Injunction restraining violation of order or notice of commission.

46A-16-10. Injunction restraining violation of order or notice of commission.
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 made by it pursuant to the provisions of this chapter.
Source:
SL 1939, ch 294, §6; SDC Supp 1960, §55.5306; SDCL, §46-29-9; SL 1993, ch 256, §88.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 16 - Minnesota Boundary Waters › Section 46A-16-11 - Expenses not to be incurred without adequate appropriation.

46A-16-11. Expenses not to be incurred without adequate appropriation.
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.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 16 - Minnesota Boundary Waters › Section 46A-16-12 - Construction of artificial controls to maintain boundary water levels.

46A-16-12. Construction of artificial controls to maintain boundary water levels.
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 Commission. The Game, Fish and Parks Commission may expend funds for that purpose.
Source:
SL 1953, ch 114; SDC Supp 1960, §55.5309; SDCL §46-29-11; SL 2011, ch 165, §541.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 16 - Minnesota Boundary Waters › Section 46A-16-13 - Big Stone lake water level--Maintenance, operation, and discharge limitation of Big Stone control dam.

46A-16-13. Big Stone lake water level--Maintenance, operation, and discharge limitation of Big Stone control dam.
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 and parks and the Minnesota commissioner of conservation shall maintain and operate the Big Stone Control Dam in conformance herewith. Water discharges from the control dam may not exceed one hundred cubic feet per second unless it is determined to be impracticable to do so by the South Dakota-Minnesota Boundary Commission, the South Dakota secretary of game, fish and parks and the Minnesota commissioner of conservation.
Source:
SDC 1939, §55.5309 as enacted by SL 1961, ch 278, §2; SDCL, §46-29-12; SL 1981, ch 325, §1.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 16 - Minnesota Boundary Waters › Section 46A-16-14 - Concurrence of Minnesota necessary to make chapter effective.

46A-16-14. Concurrence of Minnesota necessary to make chapter effective.
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.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 16 - Minnesota Boundary Waters › Section 46A-16-15 - Lake protection and rehabilitation projects--Commission powers.

46A-16-15. Lake protection and rehabilitation projects--Commission powers.
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 this section. The commission shall seek the advice of local units of government and encourage them to voluntarily implement projects proposed by the commission and to enter into agreements with one another for that purpose.
Source:
SL 1980, ch 313, §2; SL 1981, ch 325, §2; SDCL Supp, §46-29-14.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 16 - Minnesota Boundary Waters › Section 46A-16-16 - Local advisory committees for lake projects.

46A-16-16. Local advisory committees for lake projects.
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 tribal government.
Source:
SL 1980, ch 313, §3; SDCL Supp, §46-29-15.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 17 - Belle Fourche River Compact › Section 46A-17-2 - Effective date of compact--Notice of ratification.

46A-17-2. Effective date of compact--Notice of ratification.
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 give notice of the ratification and approval of said compact by the South Dakota Legislature to the Governors of each of the said states and to the President of the United States.
Source:
SL 1943, ch 283, §2; SDC Supp 1960, §55.5102; SDCL, §46-30-2.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 18 - Water Project Districts › Section 46A-18-1 - Legislative findings and policy.

46A-18-1. Legislative findings and policy.
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 projects for the conservation, storage, distribution, and utilization of water and for the prudent management of water resources.
Source:
SL 1984, ch 293, §1; SL 1990, ch 366, §1.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 18 - Water Project Districts › Section 46A-18-2 - Petition to submit to an election the establishment of water project district.

46A-18-2. Petition to submit to an election the establishment of water project district.
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.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 18 - Water Project Districts › Section 46A-18-2.1 - Voting restricted to qualified voters.

46A-18-2.1. Voting restricted to qualified voters.
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 registered voter and a resident of the district. If the election is conducted based on director divisions, no person may vote in the election unless the person is a qualified voter of the person's respective director division. A qualified voter of a director division is a person who is a registered voter and a resident of the director division.
Source:
SL 2007, ch 257, §1; SL 2011, ch 35, §3.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 18 - Water Project Districts › Section 46A-18-2.2 - Conditions for specifying qualified voter of district or director division is owner of real property located within district or director division.

46A-18-2.2. Conditions for specifying qualified voter of district or director division is owner of real property located within district or director division.
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 division is an owner of real property located within the district or director division, rather than a registered voter and resident of the district or director division.
For purposes of this section, the term, owner of real property, includes any person listed as the owner of real property in the records in the office of the register of deeds of the county in which the property is located. If real property is sold under a contract for deed that is of record in the office of the register of deeds, the purchaser of the real property, as named in the contract for deed, is treated as the owner. A landowner or joint landowners who own a tract of land within the district are entitled to one vote collectively. The vote of any person who is a minor or a protected person as defined by §29A-5-102, may be cast by the parent, conservator, or legal representative of the minor or protected person.
Source:
SL 2011, ch 35, §4.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 18 - Water Project Districts › Section 46A-18-4 - Petition--Contents.

46A-18-4. Petition--Contents.
The petition established pursuant to §46A-18-2 shall contain:
(1)The name of the proposed district;
(2)The object and purpose of the water project and works proposed to be constructed or acquired, together with a general description of the nature, location, and method of operation of the proposed works or program of activities;
(3)A legal description of the lands constituting the proposed district and the name of any municipality included partly or wholly within the boundaries of the proposed district;
(4)The location of the principal place of business of the proposed district; and
(5)The number of members of the board of directors of the proposed district, which number may not be fewer than three nor more than seven, and a statement as to whether the directors are to be elected at large or are to be elected by director divisions. Each director shall be a qualified voter of the district and, if director divisions are provided for, shall be a qualified voter of the respective division the director is to represent.
Source:
SL 1984, ch 293, §3; SL 1992, ch 60, §2; SL 1998, ch 36, §72; SL 2000, ch 32, §8.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 18 - Water Project Districts › Section 46A-18-6 - Lands includable in district.

46A-18-6. Lands includable in district.
The lands proposed to be included within a district need not consist of contiguous parcels. A district may consist of lands wholly within or wholly outside the limits of municipalities, or of lands partly within and partly outside such limits and a district may include all or part of the area within one or more such municipalities.
Source:
SL 1984, ch 293, §5; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 18 - Water Project Districts › Section 46A-18-7 - Organization of district within or partly within boundaries of another district.

46A-18-7. Organization of district within or partly within boundaries of another district.
Nothing in this chapter prevents the organization of a district within, or partly within, the territorial boundaries of another district organized hereunder or of another district organized under the provisions of Title 46A, so long as the Board of Water and Natural Resources certifies that the works, the operations of the works, the exercise of powers, and the assumptions of duties and responsibilities on the part of such district will not nullify or unreasonably conflict with those on the part of the other district.
Source:
SL 1984, ch 293, §6.