reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 01 - State Water Resources Management › Section 46A-1-105 - Establishment of brownfields program by eligible entity.

46A-1-105.Establishment of brownfields program by eligible entity.
Any eligible entity may establish a brownfields program to prevent, assess, safely clean up, promote the economic development of, and sustainably reuse eligible brownfields sites as authorized in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended to January 1, 2011, and in the Small Business Liability Relief and Brownfields Revitalization Act, P. L. 107-118 as amended to January 1, 2011.
Source:
SL 2004, ch 275, §6; SL 2011, ch 165, §312.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 02 - South Dakota Conservancy District › Section 46A-2-28 - Federal contracts for multi-purpose projects--Mandatory contract terms.

46A-2-28. Federal contracts for multi-purpose projects--Mandatory contract terms.
No conservancy district, water development district, irrigation district, or other political subdivision may enter into a contract with the federal government for construction, management, or maintenance of an irrigation or other multi-purpose water project, unless the contract contains provisions to effectuate the following requirements:
(1)That the state and local contracting entity shall assist in identifying lands to be purchased or used for project features;
(2)That state and local contracting entity representatives shall accompany federal representatives during land acquisition negotiations in order to protect state and local interests;
(3)That land owners directly affected by water diversion and other project features be given preference for water use within the purposes for which the project was designed and authorized;
(4)That the state and the local contracting entity shall be involved early in all federal project planning to assure that project features are designed in such a manner as to minimize the need for wildlife mitigation and land acquisition; and
(5)That wildlife benefits of project features shall be considered in determining overall project impact on wildlife.
Source:
SL 1980, ch 307, §1; SDCL Supp, §46-17-24.2; SL 1984 (SS), ch 1, §64.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 02 - South Dakota Conservancy District › Section 46A-2-29 - Federal contracts for multi-purpose projects--Approval of contract provisions.

46A-2-29. Federal contracts for multi-purpose projects--Approval of contract provisions.
No contract affected by §46A-2-28 is valid unless the provisions of that contract have been approved by the Board of Water and Natural Resources.
Source:
SL 1980, ch 307, §2; SDCL Supp, §46-17-24.3.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 02 - South Dakota Conservancy District › Section 46A-2-30 - Federal loans contracted by district.

46A-2-30. Federal loans contracted by district.
The district may contract loans and borrow money from the United States upon such conditions and terms as may be agreed to subject to legislative authorization therefor.
Source:
SL 1972, ch 241, §23; SDCL Supp, §46-17A-22.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 02 - South Dakota Conservancy District › Section 46A-2-31 - Contracts with United States for marketing federal water service--State interests not prejudiced--Purpose--Recommendation to Legislature.

46A-2-31. Contracts with United States for marketing federal water service--State interests not prejudiced--Purpose--Recommendation to Legislature.
The district, upon recommendation by the Board of Water and Natural Resources and approval of the Governor, may enter into contracts with the United States for the marketing of water service from federal projects. No such contract entered into by the state may prejudice state interests and rights to water resources within the boundaries of the state pursuant to state and federal statutes. Such contracts shall be for the express purpose of compensating the United States for the storage facilities provided by federal water projects. Before the implementation the contracts shall be recommended to the Legislature for inclusion in the state water resources management system pursuant to chapter 46A-1.
Source:
SL 1977, ch 371, §2; SDCL Supp, §46-17A-22.4; SL 1984, ch 12, §72; SL 2011, ch 165, §321.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 02 - South Dakota Conservancy District › Section 46A-2-34 - Generation and sale of hydroelectric power authorized.

46A-2-34. Generation and sale of hydroelectric power authorized.
The Board of Water and Natural Resources may generate or sell hydroelectric power.
Source:
SL 1959, ch 453, §8; SDC Supp 1960, §61.1408 (8); SDCL, §46-17-27; SL 1982, ch 313, §3.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 02 - South Dakota Conservancy District › Section 46A-2-35 - Appropriations to accomplish duties of district--Request to state Legislature.

46A-2-35. Appropriations to accomplish duties of district--Request to state Legislature.
For accomplishment of the duties of the district as herein described the Board of Water and Natural Resources shall present requests to the state Legislature for appropriations adequate to carry out the responsibilities of the district.
Source:
SL 1959, ch 453, §10; SDC Supp 1960, §61.1410; SDCL, §46-17-28.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 02 - South Dakota Conservancy District › Section 46A-2-36 - Powers granted to district and water development districts--Construction.

46A-2-36. Powers granted to district and water development districts--Construction.
The powers herein granted to the South Dakota Conservancy District, as established hereby, and water development districts, as may be established, shall be construed as those reasonably necessary to accomplish the purpose and intent of this chapter.
Source:
SDC Supp 1960, §61.1402 as added by SL 1964, ch 223, §1; SDCL, §46-17-29; SL 1984 (SS), ch 1, §64; SL 1987, ch 29, §59.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 02 - South Dakota Conservancy District › Section 46A-2-37 - Construction of conservancy district law--Supplementary to laws governing water management board--Laws relating to irrigation, conservancy, drainage, soil conservation, or watershed districts unaffected.

46A-2-37. Construction of conservancy district law--Supplementary to laws governing water management board--Laws relating to irrigation, conservancy, drainage, soil conservation, or watershed districts unaffected.
The provisions of this chapter and chapters 46A-3A to 46A-3E, inclusive, do not abrogate or limit the rights, powers, duties, and functions of the State Water Management Board, but are supplementary to and in aid of such rights, powers, duties, and functions. Chapters 46A-3A to 46A-3E, inclusive, do not limit or affect the laws of this state relating to the organization and maintenance of irrigation districts, water user districts, drainage districts, soil conservation districts, or watershed districts. Chapters 46A-3A to 46A-3E, inclusive, do not infringe upon or establish any rights superior to any existing water rights, and do not preclude the establishment of any such or similar public entity wholly or in part within the boundaries of the district created by this chapter.
Source:
SL 1959, ch 453, §2; SDC Supp 1960, §61.1402; SDCL §46-17-30; SL 1984 (SS), ch 1, §65; SL 2011, ch 165, §323.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 02 - South Dakota Conservancy District › Section 46A-2-38 - Areas outside development districts.

46A-2-38. Areas outside development districts.
For benefit of areas of the state not included within one or more water development districts, the Board of Water and Natural Resources, in performing its statewide water planning function pursuant to subdivision 46A-2-2(8), shall provide adequate opportunity for expression of the preferences of local people through public hearings. In establishing the statewide water plan and in allocation of funds available to the district, the board may grant no preference to an entity because of its location within a water development district.
Source:
SL 1984 (SS), ch 1, §63.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 03A - Water Development Districts--Establishment › Section 46A-3A-1 - Establishment of districts--Procedure--Political subdivision status.

46A-3A-1. Establishment of districts--Procedure--Political subdivision status.
In order to attain the objectives and intent of chapters 46A-3A to 46A-3E, inclusive, and chapter 46A-2, the Legislature may establish water development districts. A water development district may be established by an act of the Legislature, signed by the Governor, describing the exact boundaries of the area to be included within the proposed water development district and assigning it an appropriate name. A water development district may also be established pursuant to the procedure set forth in §§46A-3A-8 to 46A-3A-15, inclusive. A water development district is a political subdivision of the state. A water development district shall exist as a legal entity beginning on January first immediately following the effective date of an act establishing it as a water development district.
Source:
SL 1984 (SS), ch 1, §6; SL 2012, ch 217, §1.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 03A - Water Development Districts--Establishment › Section 46A-3A-1.1 - Districts to promote conservation, development and management of resources--Serve as clearinghouse for water quality and supply projects.

46A-3A-1.1. Districts to promote conservation, development and management of resources--Serve as clearinghouse for water quality and supply projects.
Water development districts shall promote the conservation, development, and proper management of district water resources according to district priorities and shall serve as a district-wide clearinghouse authority for water quality and supply projects through technical, organizational and financial assistance to prospective and existing project sponsors and through recommending projects for inclusion in the state water plan, and through other appropriate actions accomplish the purposes of chapters 34A-2, 34A-3A, 34A-6, 34A-9, chapters 46A-3A to 46A-3E, inclusive, and chapters 46A-1 and 46A-2.
Source:
SL 1986, ch 372, §1; SL 1989, ch 306, §62; SL 1989, ch 386, §1.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 03A - Water Development Districts--Establishment › Section 46A-3A-2 - Central Plains district.

46A-3A-2. Central Plains district.
The Central Plains Water Development District is hereby established. The Central Plains Water Development District includes all of Faulk, Hughes, Hyde, Potter, and Sully counties and all municipalities that lie wholly or partially within the included area or that are contiguous to the included area.
Source:
SL 1984 (SS), ch 1, §7; SL 1986, ch 373; SL 1998, ch 269, §1; SL 2003, ch 233, §1; SL 2008, ch 232, §1, eff. Jan. 1, 2009.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 03A - Water Development Districts--Establishment › Section 46A-3A-3 - East Dakota district.

46A-3A-3. East Dakota district.
The East Dakota Water Development District is hereby established. The East Dakota Water Development District includes all of Minnehaha, Moody, Lake, Kingsbury, Brookings, Hamlin, Deuel, Codington and Grant counties; Grafton, Belleview, Adams, Henden, Howard, Clearwater, Canova and Vermillion townships in Miner County; and all municipalities that are wholly or partially within the included area or that are contiguous to the included area.
Source:
SL 1984 (SS), ch 1, §8; SL 2008, ch 232, §2, eff. Jan. 1, 2009; SL 2012, ch 217, §2.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 03A - Water Development Districts--Establishment › Section 46A-3A-4 - James River district.

46A-3A-4. James River district.
The James River Water Development District is hereby established. The James River Water Development District includes all of Brown, Spink, Beadle, Sanborn, Davison, Hanson, Hutchinson, and Yankton counties; Buffalo, Dayton, Dumarce, Eden, Fort, Hamilton, Hickman, Lake, Lowell, Miller, Newark, Newport, Pleasant Valley, Red Iron Lake, Sisseton, Stena, Waverly, Weston, and Wismer townships in Marshall County; Pleasant Valley, Bristol, Belford, Cooper, Firesteel, Palatine, Plankinton, Hopper, Pleasant Lake, Dudley, and Aurora townships in Aurora County; and all municipalities that are wholly or partially within the included area.
Source:
SL 1984 (SS), ch 1, §9; SL 1995, ch 252; SL 2008, ch 232, §3, eff. Jan. 1, 2009; SL 2009, ch 227, §1; SL 2012, ch 217, §3; SL 2015, ch 225, §1; SL 2020, ch 196, § 1.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 03A - Water Development Districts--Establishment › Section 46A-3A-5 - South Central district.

46A-3A-5. South Central district.
The South Central Water Development District is hereby established. The South Central Water Development District includes all of Charles Mix, Brule, Buffalo, Bon Homme, Douglas, and Gregory counties; Patten, Lake, White Lake, Eureka, Gales, Crystal Lake, Washington, Center, and Truro townships in Aurora County; and the portion of Lyman County south of the White River.
Source:
SL 1984 (SS), ch 1, §10; SL 1998, ch 269, §2; SL 2008, ch 232, §4, eff. Jan. 1, 2009.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 03A - Water Development Districts--Establishment › Section 46A-3A-6 - West Dakota district.

46A-3A-6. West Dakota district.
The West Dakota Water Development District is hereby established. The West Dakota Water Development District includes that portion of Pennington County west of the Cheyenne River.
Source:
SL 1984 (SS), ch 1, §11A.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 03A - Water Development Districts--Establishment › Section 46A-3A-7 - West River district.

46A-3A-7. West River district.
The West River Water Development District is hereby established. The West River Water Development District includes all of Jones, Mellette, and Haakon counties, the portion of Jackson County north of the White River except Interior township and the unorganized Cedar township, the portion of Pennington County east of the Cheyenne River, except for Castle Butte, Conata, Crooked Creek, Flat Butte, Imlay, and Scenic townships, the unorganized territory of the Badlands and that portion of the unorganized territory of east central Pennington east of the Cheyenne River, and the portion of Lyman County north of the White River.
Source:
SL 1984 (SS), ch 1, §12; SL 1985, ch 357; SL 1990, ch 362, §2.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 03A - Water Development Districts--Establishment › Section 46A-3A-7.1 - Vermillion basin district.

46A-3A-7.1. Vermillion basin district.
The Vermillion Basin Water Development District is hereby established. The Vermillion Basin Water Development District includes all of Turner, McCook, and Clay counties.
Source: SL 1990, ch 362, §1; SL 2023, ch 150, §1.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 03A - Water Development Districts--Establishment › Section 46A-3A-8 - Petition for election on establishment of district.

46A-3A-8. Petition for election on establishment of district.
Fifteen percent of the residents and voters in a geographical area may petition the Board of Water and Natural Resources to submit to an election the question of whether the geographical area shall become a water development district.
Source:
SL 1984 (SS), ch 1, §13A; SL 2011, ch 165, §324; SL 2016, ch 217, §1.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 03A - Water Development Districts--Establishment › Section 46A-3A-9 - Contents and form of petition.

46A-3A-9. Contents and form of petition.
A petition arising under the provisions of §46A-3A-8 shall describe the exact boundaries of the area to be included within the proposed water development district, and each person signing the petition shall add to the person's signature, in the person's own handwriting, the person's place of residence, and the date of signing. The petition may contain more than one page, and each page shall have identical headings. Any number of identical petition forms may be circulated and each be a part of the petition, but each of the identical petition forms must be verified by the circulator as follows:
"I, the undersigned, being first duly sworn, hereby depose that I circulated the above and foregoing petition, containing __________ signatures; that I personally witnessed each of the persons named upon the petition place their signatures on the petition and add in their own handwriting the information set forth after their respective signatures.
________________________________________________________________________
P.O. Address
________________________________________________________________________
Subscribed and sworn to before me this ____ day of __________, 20____
________________________________________________________________________
Notary Public".
Source:
SL 1984 (SS), ch 1, §13B; SL 2011, ch 165, §325.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 03A - Water Development Districts--Establishment › Section 46A-3A-10 - Approval of petition--Referral to election.

46A-3A-10. Approval of petition--Referral to election.
If a petition proposing organization of a water development district is presented to the Board of Water and Natural Resources, the board, after first determining that the petition is in compliance with the required provisions by resolution shall approve the petition for establishment of the proposed water development district and shall provide a name for the water development district. The board at the next general election shall refer to the voters of the proposed water development district the question of whether the water development district shall be established.
Source:
SL 1984 (SS), ch 1, §13C.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 03A - Water Development Districts--Establishment › Section 46A-3A-11 - Ballots on establishment.

46A-3A-11. Ballots on establishment.
The question of forming a water development district shall be presented upon a separate ballot, which shall be prepared by the Board of Water and Natural Resources, and, insofar as applicable, shall be in the form prescribed by the general election laws.
Source:
SL 1984 (SS), ch 1, §13D.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 03A - Water Development Districts--Establishment › Section 46A-3A-12 - Conduct of election.

46A-3A-12. Conduct of election.
An election to form a water development district shall be conducted, canvassed, recounted, and contested as elections under the general laws of this state, except as otherwise herein provided, and except where the general laws are inapplicable. If the details concerning the conduct, canvassing, recounting, or contest of the election are not set forth within chapters 46A-3A to 46A-3E, inclusive, and the general election laws are not applicable, then the Board of Water and Natural Resources shall promulgate rules pursuant to chapter 1-26 reasonably necessary to carry out the intentions of chapters 46A-3A to 46A-3E, inclusive, with respect to elections and make possible the submission to an election of any matter which by the terms of chapters 46A-3A to 46A-3E, inclusive, may be submitted to a vote of the voters of any water development district or proposed water development district.
Source:
SL 1984 (SS), ch 1, §13E; SL 1993, ch 256, §67.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 03A - Water Development Districts--Establishment › Section 46A-3A-13 - Separate districts for election--Vote required.

46A-3A-13. Separate districts for election--Vote required.
Any municipality included within the area comprising a proposed water development district shall constitute a separate election district. That area of any county wholly or partially included in a proposed water development district, and which is outside the corporate limits of a municipality, shall also constitute a separate election district. No election district may become a part of any water development district unless sixty percent or more of the votes cast by the voters of such election district shall be in favor of the proposed water development district.
Source:
SL 1984 (SS), ch 1, §13F.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 03A - Water Development Districts--Establishment › Section 46A-3A-14 - Approval by only some of election districts--Effect--Withdrawal from district.

46A-3A-14. Approval by only some of election districts--Effect--Withdrawal from district.
If in some, but not all of the election districts within a proposed water development district, sixty percent or more of the votes cast are in favor of the formation of the water development district, the Board of Water and Natural Resources shall by resolution establish a water development district consisting of only those election districts wherein the requisite vote approving the formation of a water development district was cast. In the event of the creation of a water development district, any of the election districts may withdraw from the water development district by filing with the board within sixty days thereafter, a petition requesting withdrawal, signed by fifteen percent of the residents and voters in the election district. The petition shall contain the same information with respect to the signers and be verified in the same manner as in the case of a petition to establish a water development district. The question of whether an election district shall withdraw shall be referred to the voters of the election district at the next general election, the procedure is the same as required to establish a water development district.
Source:
SL 1984 (SS), ch 1, §13G; SL 2016, ch 217, §2.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 03A - Water Development Districts--Establishment › Section 46A-3A-15 - Resolution creating district--Filing.

46A-3A-15. Resolution creating district--Filing.
If all of the election districts within a proposed water development district become a part of the water development district as provided in this chapter on approval of the proposed district by sixty percent or more of the votes cast in the election districts, or if the Board of Water and Natural Resources establishes a water development district pursuant to the provisions of §46A-3A-14 for which not all of the election districts become a part of the water development district, the board shall by resolution create and establish the water development district, give it a name and, upon filing a true copy of the resolution with the secretary of state, the water development district shall become a political subdivision of the state with the authority, powers, and duties prescribed by this chapter.
Source:
SL 1984 (SS), ch 1, §13H; SL 2011, ch 165, §326.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 03A - Water Development Districts--Establishment › Section 46A-3A-16 - Additions and withdrawals of territory.

46A-3A-16. Additions and withdrawals of territory.
After a water development district has been established pursuant to the provisions of chapters 46A-3A to 46A-3E, inclusive, any county, township, or group of townships contiguous to the external boundary of the water development district may be added to and become a part of that water development district by an affirmative vote of a majority of the votes cast on the question in the area proposed for addition, if the board of directors of the water development district to which any addition is to be made by resolution advises the Board of Water and Natural Resources that the water development district board favors the addition. Any county or that entire portion of a county included within a water development district may be withdrawn from a water development district by an affirmative vote of a majority of the votes cast on the question in the county proposed for withdrawal. Proposals for additions or withdrawals shall be in the form of a written resolution or petition to the Board of Water and Natural Resources.
The resolution shall be approved with an affirmative four-fifths vote of the governing body of a county.
The petition shall be signed by a number of qualified voters in the area proposed for the addition or withdrawal equal to at least five percent of the number of votes cast within the area in the most recent gubernatorial election. The county auditor in each county where a petition is circulated shall verify the signatures on the petition.
The resolution or petition shall include a statement whether the election is for the purpose of becoming a part of an existing water development district or withdrawing from an existing water development district and a statement describing the purpose of the action. The resolution or petition shall be presented to the Board of Water and Natural Resources not more than one hundred twenty days nor less than ninety days before a regularly scheduled general election. Upon receipt of the resolution or petition, the Board of Water and Natural Resources shall call an election on the question of whether the addition or withdrawal should be made. The election shall be held in conjunction with the next regularly scheduled general election.
Source:
SL 1984 (SS), ch 1, §13; SL 2010, ch 216, §2.