reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 01 - State Water Resources Management › Section 46A-1-56 - Refunding bonds authorized for matured obligations.

46A-1-56. Refunding bonds authorized for matured obligations.
The district may issue negotiable refunding bonds for the following purposes:
(1)To refund unpaid matured bonds;
(2)To refund unpaid matured coupons evidencing interest upon its unpaid matured bonds; and
(3)To refund interest at the coupon rate upon its unpaid matured bonds that has accrued since the maturity of those bonds.
Source:
SL 1972, ch 241, §50; SDCL Supp, §46-17A-49; SL 2011, ch 165, §306.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 01 - State Water Resources Management › Section 46A-1-57 - Sale of refunding bonds for matured obligations--Application of proceeds--Cancellation of instruments paid.

46A-1-57. Sale of refunding bonds for matured obligations--Application of proceeds--Cancellation of instruments paid.
Refunding bonds issued pursuant to §46A-1-56 may be sold at such price as the district shall determine and the proceeds received at any such sale shall be used to pay the bonds, interest coupons, and interest not represented by coupons, if any. Bonds and interest coupons which have been paid shall be canceled and the obligation for interest, not represented by coupons, which has been discharged, shall be evidenced by a written acknowledgment of the exchange or payment thereof.
Source:
SL 1972, ch 241, §51; SDCL Supp, §46-17A-50; SL 1988, ch 363, §4; SL 1989, ch 385, §22.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 01 - State Water Resources Management › Section 46A-1-58 - Refunding bonds authorized for unmatured obligations.

46A-1-58. Refunding bonds authorized for unmatured obligations.
The district may issue negotiable refunding bonds under the provisions of this chapter to refund bonds at or before their maturity or which by their terms are subject to redemption before maturity, or both, in an amount necessary to refund:
(1)The principal amount of the bonds to be refunded;
(2)The interest to accrue up to and including the maturity date or dates, or to the next succeeding redemption date of the bonds; and
(3)The applicable redemption premiums, if any.
Source:
SL 1972, ch 241, §52; SDCL Supp, §46-17A-51; SL 2011, ch 165, §307.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 01 - State Water Resources Management › Section 46A-1-59 - Sale of refunding bonds for unmatured obligations--Use of proceeds.

46A-1-59. Sale of refunding bonds for unmatured obligations--Use of proceeds.
Refunding bonds issued pursuant to §46A-1-58 may be sold at a price determined by the district. All proceeds received at the sale of the refunding bonds (excepting the accrued interest received) shall be used:
(1)If the bonds to be refunded are then due, for the payment of the bonds;
(2)If the bonds to be refunded are voluntarily surrendered with the consent of the holder or holders of the bonds, for the payment of the bonds;
(3)If the bonds to be refunded are then subject to prior redemption by their terms, for the redemption of the bonds;
(4)If the bonds to be refunded are not then subject to payment or redemption, to purchase direct obligations of the United States of America if the obligations will mature at such times, with interest on the obligations or the proceeds received from the obligations, to provide funds adequate to pay when due or called for redemption before maturity the bonds to be refunded, together with the interest accrued on the bonds and any redemption premium due on the bonds. The proceeds or obligations of the United States of America shall, with all other funds legally available for such purpose, be deposited in escrow with a banking corporation, or national banking association, located in and doing business in the State of South Dakota, with power to accept and execute trusts, or any successor thereto, which is also a member of the federal deposit insurance corporation and of the federal reserve system, to be held in an irrevocable trust solely for and until the payment and redemption of the bonds so to be refunded. Any balance remaining in the escrow after the payment and retirement of the bonds to be refunded shall be returned to the district to be used and held for use as revenues pledged for the payment of the refunding bonds; or
(5)For any combination of the purposes specified in subdivisions (1) to (4), inclusive, of this section.
Source:
SL 1972, ch 241, §53; SDCL Supp, §46-17A-52; SL 1988, ch 363, §5; SL 1989, ch 385, §23; SL 2011, ch 165, §308.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 01 - State Water Resources Management › Section 46A-1-60 - Water and environment fund--Establishment--Moneys in fund.

46A-1-60. Water and environment fund--Establishment--Moneys in fund.
There is hereby established in the state treasury a special capital projects fund to be designated as the South Dakota water and environment fund. This fund shall consist of all moneys from all lawful public and private sources, including legislative appropriations, federal grants for capitalization of either a state water pollution control revolving fund or a state drinking water revolving fund or both, interest on investments, and principal and interest on loans made from the fund received by the district that are available for water facilities as provided by this chapter. The water and environment fund need not include any funds which are not required to be deposited therein as provided in §46A-1-48.
Source:
SL 1972, ch 241, §54; SL 1982, ch 316, §1; SDCL Supp, §46-17A-53; SL 1988, ch 363, §6; SL 1988, ch 364, §3; SL 1992, ch 254, §8; SL 1994, ch 347, §3.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 01 - State Water Resources Management › Section 46A-1-60.1 - Water pollution control revolving fund program and state drinking water revolving fund program established--Program subfunds created--Deposits into subfunds and use thereof.

46A-1-60.1. Water pollution control revolving fund program and state drinking water revolving fund program established--Program subfunds created--Deposits into subfunds and use thereof.
The state water pollution control revolving fund program and the state drinking water revolving fund program are hereby established. Program subfunds shall be created within the water and environment fund established pursuant to §46A-1-60. The required subfunds shall be maintained separately, and all federal, state, and other funds for use in the program shall be deposited into the respective subfund, including all federal grants for capitalization of either a state water pollution control revolving fund or a state drinking water revolving fund or both, all repayments of assistance awarded from the subfund, interest on investments made on money in the subfund, proceeds of discretionary bond issues allowed by §46A-1-31, and principal and interest on loans made from the fund. Money in the subfund may be used only for purposes authorized under federal law. The subfund may be pledged or assigned by the district to or in trust for the holder or holders of the bonds of the district and may be transferred to and held by a trustee or trustees pursuant to §46A-1-39.
The board shall promulgate rules pursuant to chapter 1-26, to implement the provisions of this section consistent with the requirements of federal law in order for an approved state water pollution control revolving fund or a state drinking water revolving fund to become eligible for grant funds from the United States Environmental Protection Agency.
Source:
SL 1988, ch 364, §1; SL 1989, ch 385, §24; SL 1992, ch 254, §8; SL 1994, ch 347, §4; SL 1995, ch 251, §29.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 01 - State Water Resources Management › Section 46A-1-60.2 - Disbursements from and administration of water pollution control revolving fund program and state drinking water revolving fund program--Sections 46A-1-61 to 46A-1-69 inapplicable.

46A-1-60.2. Disbursements from and administration of water pollution control revolving fund program and state drinking water revolving fund program--Sections 46A-1-61 to 46A-1-69 inapplicable.
Funds from the state water pollution control revolving fund program and the state drinking water revolving fund program shall be disbursed and administered according to rules promulgated by the Board of Water and Natural Resources pursuant to chapter 1-26, §46A-1-65 and the provisions of §§46A-1-60 to 46A-1-60.3, inclusive. Sections 46A-1-61 to 46A-1-69, inclusive, do not apply to the subfund of the water and environment fund or loans therefrom pursuant to the state water pollution control revolving fund program and the drinking water revolving fund program described in §§46A-1-60 to 46A-1-60.3, inclusive.
The board shall promulgate rules pursuant to chapter 1-26, to implement the provisions of this section consistent with the requirements of federal law in order for an approved state water pollution control revolving fund or a state drinking water revolving fund to become eligible for grant funds from the United States Environmental Protection Agency.
Source:
SL 1988, ch 364, §2; SL 1989, ch 385, §25; SL 1991, ch 17 (Ex. Ord. 91-4), §17; SL 1992, ch 254, §8; SL 1993, ch 256, §62; SL 1994, ch 347, §5; SL 1995, ch 251, §30.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 01 - State Water Resources Management › Section 46A-1-60.3 - Rules for selection of projects to receive funds from water pollution control revolving fund program and state drinking water revolving fund program and administration of same.

46A-1-60.3. Rules for selection of projects to receive funds from water pollution control revolving fund program and state drinking water revolving fund program and administration of same.
The Board of Water and Natural Resources may, by rules promulgated pursuant to chapter 1-26, establish criteria and procedures for the selection of projects to receive funds from the state water pollution control revolving fund program and the state drinking water revolving fund program and for the administration of the programs.
Source:
SL 1988, ch 364, §4; SL 1991, ch 17 (Ex. Ord. 91-4), §17; SL 1994, ch 347, §6.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 01 - State Water Resources Management › Section 46A-1-61 - Authorization required for disbursements from fund--Form of appropriation from fund--Limit on grants.

46A-1-61. Authorization required for disbursements from fund--Form of appropriation from fund--Limit on grants.
All money disbursed from the water and environment fund shall be authorized by an act of the Legislature for projects approved as part of the state water resources management system or for ongoing programs that have been or shall be established by the Legislature for the purpose of managing the state's water resources. All appropriations from the fund shall be in the form of loans unless otherwise directed by the Legislature. A grant from the fund made after July 1, 1982, for any project may not exceed eighty percent of the nonfederal share of expenditures for that project.
Source:
SL 1972, ch 241, §55; SL 1981 (2d SS), ch 3, §3; SL 1982, ch 316, §2; SDCL Supp, §46-17A-54; SL 1983, ch 315, §15; SL 1986, ch 291, §3; SL 1992, ch 254, §§8, 10; SL 1993, ch 334, §4; SL 2006, ch 2, §35.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 01 - State Water Resources Management › Section 46A-1-62 - Disbursements from capital projects fund.

46A-1-62. Disbursements from capital projects fund.
Disbursements from the South Dakota water and environment fund shall be on warrants drawn by the state auditor pursuant to vouchers approved by the secretary of the Department of Agriculture and Natural Resources.
Source: SL 1972, ch 241, §54; SDCL Supp, §46-17A-55; SL 1992, ch 254, §§8, 98; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 01 - State Water Resources Management › Section 46A-1-63 - Energy industry use funds deposit--Deposit of funds recovered through lawsuit or settlement.

46A-1-63. Energy industry use funds deposit--Deposit of funds recovered through lawsuit or settlement.
Funds accruing to the district under contract or instrument of conveyance for energy industry use under §46A-2-19, received under §46A-2-25 or any other source unless otherwise provided by law, shall be deposited in the South Dakota water and environment fund established by §46A-1-60. Funds, including damages, interest, costs, and fees, recovered as a result of any lawsuit or settlement involving a contract or instrument of conveyance for energy industry use in which the conservancy district was party, shall be deposited in the water and environment program, except that any attorney fees and costs associated with the lawsuit or settlement shall be deposited in the fund created pursuant to §1-11-6.1.
Source:
SL 1981 (2d SS), ch 3, §1; SL 1982, ch 28, §15; SDCL Supp, §46-17A-53.1; SL 1985, ch 354, §2; SL 1989, ch 385, §25A; SL 1992, ch 254, §8.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 01 - State Water Resources Management › Section 46A-1-63.1 - Consolidated water facilities construction program--Disbursements.

46A-1-63.1. Consolidated water facilities construction program--Disbursements.
The state consolidated water facilities construction program is hereby established. Under this program the Board of Water and Natural Resources may grant or loan funds from the water and environment fund or from the proceeds of its discretionary bond issues allowed by §46A-1-31 for construction of projects included in the state water facilities plan. Disbursements made through the consolidated water facilities construction program shall conform to the provisions of §§46A-1-61 and 46A-2-3.
Source:
SL 1986, ch 291, §4; SL 1987, ch 29, §98; SL 1989, ch 385, §13; SL 1991, ch 17 (Ex. Ord. 91-4), §17; SL 1992, ch 254, §8; SL 1993, ch 34, §8.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 01 - State Water Resources Management › Section 46A-1-64 - Limit on loans or grants to projects in water facilities plan--Security for loans.

46A-1-64. Limit on loans or grants to projects in water facilities plan--Security for loans.
In administering the consolidated water facilities construction program, the Board of Water and Natural Resources may loan or grant a sum equal to the construction cost as estimated by the board but not to exceed two million dollars to any project in the state water facilities plan without specific authorization of the Legislature. Loans shall be secured by the best security position available. A pledge of assets owned by the entity receiving a loan and project revenues shall constitute sufficient minimum security for loans under this section.
Source:
SL 1976, ch 282, §3; SL 1977, ch 378; SDCL Supp, §46-17A-54.1; SL 1983, ch 315, §16; SL 1986, ch 291, §5; SL 1989, ch 385, §14; SL 1991, ch 17 (Ex. Ord. 91-4), §17; SL 2015, ch 224, §8, eff. Mar. 12, 2015.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 01 - State Water Resources Management › Section 46A-1-65 - Criteria for selection of projects to receive loans or grants--Regulation of loans or grants.

46A-1-65. Criteria for selection of projects to receive loans or grants--Regulation of loans or grants.
The Board of Water and Natural Resources may establish by rules enacted pursuant to the provisions of chapter 1-26 criteria for the selection of water resources projects to receive loans or grants pursuant to §46A-1-64 or to receive other loans or grants from the water and environment fund and for the regulation of the terms, conditions, and administration of such loans or grants.
Source:
SL 1982, ch 316, §3; SDCL Supp, §46-17A-54.2; SL 1983, ch 315, §10; SL 1986, ch 291, §6; SL 1987, ch 328, §4; SL 1992, ch 254, §8.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 01 - State Water Resources Management › Section 46A-1-66 - Interest on loans.

46A-1-66. Interest on loans.
Loans made from the South Dakota Water and Environment Program by the South Dakota Conservancy District shall bear no interest until the Water Management Board has issued its final decision to grant a permit to appropriate water under chapter 46-5 or chapter 46-6 for the project for which the loan is made. Except as provided in §46A-1-69, beginning with the date of the final decision of the Water Management Board, a loan from the water and environment fund shall bear interest at an annual rate not to exceed ten percent as determined by the Board of Water and Natural Resources. In establishing the interest rate, however, the Board of Water and Natural Resources shall give due regard to the maximum rate of interest which the project may economically afford.
Source:
SL 1982, ch 316, §6A; SDCL Supp, §46-17A-54.3; SL 1983, ch 315, §12; SL 1992, ch 254, §8.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 01 - State Water Resources Management › Section 46A-1-67 - Term of loans--Capitalization and refinancing of loans for purposes other than construction.

46A-1-67. Term of loans--Capitalization and refinancing of loans for purposes other than construction.
Loans from the South Dakota water and environment fund shall be for a term of years established by the board but may not exceed forty years for construction loans except as provided in §46A-1-69, the useful life of the equipment for equipment loans, or seven years for loans for other purposes. Loans made for purposes other than construction may, however, be capitalized and refinanced as construction loans when the project proceeds to construction.
Source:
SL 1982, ch 316, §6B; SDCL Supp, §46-17A-54.4; SL 1983, ch 315, §13; SL 1992, ch 254, §§8, 11; SL 2016, ch 218, §6, eff. Feb. 18, 2016.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 01 - State Water Resources Management › Section 46A-1-67.1 - Repayment of loan may be deferred until execution of contract for project construction.

46A-1-67.1. Repayment of loan may be deferred until execution of contract for project construction.
The provisions of §46A-1-67 notwithstanding, repayment of any water project study loan that has been made or will be made pursuant to chapter 46A-1 by agreement between the South Dakota Conservancy District and any public or private entity may be deferred until the entity has executed a contract with the United States for the purpose of constructing the water project that was the subject of the study loan agreement.
Source:
SL 1987, chapter 330, §2.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 01 - State Water Resources Management › Section 46A-1-68 - Loan terms set by Legislature.

46A-1-68. Loan terms set by Legislature.
Sections 46A-1-66 and 46A-1-67 notwithstanding, the terms and conditions for loans for the actual construction of water resources projects contained in the state water resources management system shall be set by an act of the Legislature. This section shall not apply to loans made pursuant to §46A-1-64.
Source:
SL 1982, ch 316, §6C; SDCL Supp, §46-17A-54.5.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 01 - State Water Resources Management › Section 46A-1-68.1 - Deposit of money received from fund.

46A-1-68.1. Deposit of money received from fund.
Any person who receives money from the state water and environment fund may deposit such money and any associated matching funds in the state treasury.
Source:
SL 1985, ch 354, §1; SL 1992, ch. 254, §8.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 01 - State Water Resources Management › Section 46A-1-69 - Suspension of annual installment due on loan for irrigation project.

46A-1-69. Suspension of annual installment due on loan for irrigation project.
Upon application to the Board of Water and Natural Resources by a party to the loan agreement, the board may suspend payment of any annual installment due on a loan made for the purpose of constructing an irrigation project when the board finds that because the prices of the crops being irrigated in that year have been lower than the costs of producing those crops, the borrower will suffer undue financial hardship. In making such determination, the board shall consider the annual installment due and a reasonable return to the farmer as costs of production and shall further consider the effect previous years' prices should have had on the borrower's current financial condition. Interest shall not accrue on the loan over the period for which repayment is suspended, and the term of the loan shall be extended for the number of years annual payments are suspended.
Source:
SL 1983, ch 315, §11; SDCL Supp, §46-17A-54.6.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 01 - State Water Resources Management › Section 46A-1-70 - Financial reporting of projects--Auditing.

46A-1-70. Financial reporting of projects--Auditing.
It is hereby required, for the purpose of financial reporting, each project to be owned and operated by the district will have its financial affairs, expenditures, and revenues, set out clearly in the financial statement and that the South Dakota auditor general will audit each project on a separate basis and attest to the aforementioned financial condition of each separate project as presented in the financial report. The Board of Water and Natural Resources may accept a financial audit performed by a qualified independent auditor in lieu of an audit by the auditor general. A financing arrangement or financing agreement entered into by the district may contain provisions requiring the person or public entity receiving the financing to submit financial reports and audits.
Source:
SL 1972, ch 241, §56; SL 1979, ch 301, §11; SL 1981 (2d SS), ch 1, §19; SDCL Supp, §46-17A-56.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 01 - State Water Resources Management › Section 46A-1-71 - Legislative findings regarding need for program of statewide water development and financing.

46A-1-71. Legislative findings regarding need for program of statewide water development and financing.
The Legislature finds that the proposed use of Madison formation water for widespread energy development in Wyoming presents an immediate threat to ground and surface water supplies and agricultural, domestic, environmental, and other beneficial water uses in western South Dakota; that prolonged and existing drought conditions in western South Dakota require the immediate provision of adequate and potable water supplies to municipalities and individual farms and ranches for human and animal consumption, and the failure to provide such water supplies endangers the economic viability of the agricultural industry in western South Dakota and the economy of the state as a whole; that the general lack of any water supply at all and the continued existence of water supplies containing radium, sulfates, iron, manganese, chlorides, fluorides, and nitrates constitutes an immediate and chronic hazard to the health, safety, and welfare of municipal and rural residents in the western portion of the state and requires the provision of adequate quantities of quality water to these residents; and that the economy of the state as a whole has been ravaged by the effects of drought to the extent that a general program of statewide water development and financing is immediately necessary to prevent widespread economic disaster.
Source:
SL 1981 (2d SS), ch 1, §1; SL 1981 (2d SS), ch 2, §1; SDCL Supp, §46-17A-3.4.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 01 - State Water Resources Management › Section 46A-1-72 - Pipeline or aqueduct construction authorized--Use of water.

46A-1-72. Pipeline or aqueduct construction authorized--Use of water.
Construction of a pipeline or aqueduct from a mainstream Missouri reservoir, the Missouri River itself, or adjacent aquifers to one or more communities in South Dakota is hereby authorized for a main delivery pipeline capable of delivering water sufficient to supply or supplement the needs of the communities and other private or commercial users purchasing water from the communities.
Source:
SL 1981 (2d SS), ch 2, §2; SDCL Supp, §46-17A-3.5; SL 2004, ch 274, §1.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 01 - State Water Resources Management › Section 46A-1-73 - Financing of pipelines or aqueducts--Bonds--Loans.

46A-1-73. Financing of pipelines or aqueducts--Bonds--Loans.
The South Dakota Conservancy District is hereby authorized to issue bonds for pipelines or aqueducts pursuant to §46A-1-72 in an amount not to exceed five hundred million dollars. However, no single pipeline or aqueduct project may exceed an amount of seventy-five million dollars. The district may enter into a financing agreement to loan the proceeds of the bonds as authorized by law. The financing agreement shall provide for repayment of the loan through payments sufficient to pay the principal of, premium, if any, and interest on the bonds. The loan shall be secured by contracts for the delivery and sale of water and such additional security as is necessary for repayment and to market the bonds. The bonds do not constitute an indebtedness of the state and do not constitute nor give rise to a pecuniary or moral liability of the state or a charge against its general credit or taxing powers. No tax revenues of the state, its people, or any of its political subdivisions may be in any manner obligated to pay for any portion of the construction or financing of the pipeline or aqueduct.
Source:
SL 1981 (2d SS), ch 2, §3; SDCL Supp, §46-17A-3.6; SL 2004, ch 274, §2.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 01 - State Water Resources Management › Section 46A-1-78 - Moratorium on Oahe project construction as public policy of state--Study of alternate projects--Negotiation of settlement for land losses.

46A-1-78. Moratorium on Oahe project construction as public policy of state--Study of alternate projects--Negotiation of settlement for land losses.
It is hereby declared to be the public policy and in the best interests of the State of South Dakota and its people that a moratorium be placed upon further construction of the Oahe Irrigation Project and the congressional authorization be retained until studies and negotiations for acceptable alternate water development projects or a negotiated monetary settlement to compensate for land loss in South Dakota as a result of Missouri mainstem impoundments are completed.
Source:
SL 1977, ch 370, §1; SL 1978, ch 333, §3; SDCL Supp, §46-17A-3.1.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 01 - State Water Resources Management › Section 46A-1-81 - Amount of funds required for dredge maintenance and repair and other expenses.

46A-1-81. Amount of funds required for dredge maintenance and repair and other expenses.
The Board of Water and Natural Resources, in any contract with the local project sponsor of a dredging project, may establish the amount of funds required for dredge maintenance and repair and other expenses associated with the project, pursuant to section 1A of chapter 369 of the 1986 Session Laws.
Source:
SL 1987, ch 331, §2.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 01 - State Water Resources Management › Section 46A-1-82 - Environment and water resources trust fund established--Subfund.

46A-1-82. Environment and water resources trust fund established--Subfund.
The South Dakota environment and water resources trust fund is hereby established. A separate trust subfund shall be created within the South Dakota water and environment fund established pursuant to §46A-1-60. The purpose for which the trust is established is to provide a perpetual source of revenue to serve all of the purposes for which funds may be expended from the water and environment fund. The principal of the trust fund shall be conserved in perpetuity or until the Legislature shall otherwise provide and may not be expended. Interest earned on the fund shall accrue to the water and environment fund and be disbursed in conformance with §46A-1-61.
Source:
SL 1989, ch 306, §63; SL 1992, ch 254, §8.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 01 - State Water Resources Management › Section 46A-1-83 - State solid waste management program established.

46A-1-83. State solid waste management program established.
The state solid waste management program is hereby established. Under this program the Board of Water and Natural Resources may grant or loan such funds from the water and environment fund established pursuant to §46A-1-60 for the purpose of solid waste planning and management. Disbursements made through the solid waste management program shall conform to the provisions of §46A-1-61 and the rules promulgated pursuant to §46A-1-84.
Source:
SL 1989, ch 306, §64; SL 1991, ch 17 (Ex. Ord. 91-4), §17; SL 1992, ch 254, §8; SL 1996, ch 219, §4.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 01 - State Water Resources Management › Section 46A-1-83.2 - Expenditure of fees deposited in environment and water resources trust fund--Access to fund--Appropriation.

46A-1-83.2. Expenditure of fees deposited in environment and water resources trust fund--Access to fund--Appropriation.
The secretary may expend such sums as are deposited in the South Dakota environment and water resources trust fund pursuant to §34A-6-1.17 by any large-scale solid waste disposal facility subject to the fee established in §34A-6-1.17 as are necessary to conduct the inspections and other activities required under §34A-6-57. The secretary's access to these funds does not require application or grant from the Board of Water and Natural Resources. Moneys expended by the secretary for these purposes shall be appropriated through the normal budget process.
Source:
SL 1992, ch 254, §50R; SDCL §34A-6-90; SL 1993, ch 257, §2.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 01 - State Water Resources Management › Section 46A-1-84 - Adoption of rules to award financial assistance to sponsors of solid waste management projects--Purpose and preference of awards.

46A-1-84. Adoption of rules to award financial assistance to sponsors of solid waste management projects--Purpose and preference of awards.
The Board of Water and Natural Resources shall promulgate rules pursuant to chapter 1-26 to award grants, loans, or other forms of financial assistance to sponsors of solid waste management projects. The rules shall base the awarding of grants or loans on a project's reflection of the solid waste management policy and hierarchy established in §34A-6-1.2, the proposed amount of local matching funds, technical merit, and need for funding assistance.
Grants or loans may be awarded for planning, construction, and operation of solid waste management and recycling facilities. Preference in awarding grants or loans shall be given for projects which reduce the cost and number of landfills through shared facilities or use of innovative or alternative techniques, which are high on the waste management policy hierarchy, which involve areas which are particularly subject to groundwater or surface water contamination, or which will reduce long-term operating, closure, or post-closure costs.
Source:
SL 1989, ch 306, §65; SL 1991, ch 17 (Ex. Ord. 91-4), §17; SL 1992, ch 60, §2; SL 1992, ch 254, §50W; SL 1993, ch 256, §63; SL 1996, ch 219, §5; SL 1997, ch 254, §4.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 01 - State Water Resources Management › Section 46A-1-88 - Conversion of study loans to grants.

46A-1-88. Conversion of study loans to grants.
The Board of Water and Natural Resources may convert in whole or in part study loans authorized pursuant to §46A-1-61 to grants. The conversion of study loans to grants is limited to projects that have been determined to be nonfeasible for development or to have insufficient repayment capability. A study loan may be converted by the Board of Water and Natural Resources to a grant for use as part of the nonfederal matching requirement on federally authorized projects.
Source:
SL 1991, ch 17 (Ex. Ord. 91-4), §17; SL 1991, ch 289, §6.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 01 - State Water Resources Management › Section 46A-1-91 - Financial assistance for recycling and processing facilities for waste tires.

46A-1-91. Financial assistance for recycling and processing facilities for waste tires.
The board shall provide financial assistance to persons who establish recycling and processing facilities for waste tires, subject to the rules promulgated by the board for the establishment of such facilities and subject to the conditions prescribed in rule by the board for application for and awarding of such financial assistance. No financial assistance may be awarded for incineration facilities.
Source:
SL 1992, ch 254, §29; SL 1996, ch 219, §2.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 01 - State Water Resources Management › Section 46A-1-92 - Legislative findings and authorization of certain water development projects.

46A-1-92. Legislative findings and authorization of certain water development projects.
The Legislature finds that it is in the best interests of South Dakota to further the development of those water projects identified in the state water resources management system and consolidated water facilities plan, consistent with the goals established in §46A-2-2. The Legislature further finds that pursuant to §§46A-1-11 to 46A-1-13, inclusive, the Board of Water and Natural Resources has reviewed the feasibility studies, costs and benefits of certain water development projects and found it to be in the best interest of South Dakota that they receive legislative authorization. Among those projects recognized by the board are Mid-Dakota Rural Water System pursuant to resolution 91-41, Mni Wiconi Rural Water System pursuant to resolution 91-42, Lake Andes-Wagner/Marty II Irrigation Projects pursuant to resolution 91-43, Sioux Falls Flood Control Project pursuant to resolution 91-45, Black Hills Hydrology Study pursuant to resolution 91-46 and James River Improvement Project pursuant to 91-47. Therefore, the Legislature finds it is in the best interest of South Dakota to provide legislative authorization of these projects as provided in §46A-1-11.
Source:
SL 1992, ch 254, §7.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 01 - State Water Resources Management › Section 46A-1-93 - Priority in administration of funds.

46A-1-93. Priority in administration of funds.
In administering funds in the water and environment fund established pursuant to §46A-1-60 and the capital construction fund created in §5-27-1, the highest priority shall be given to domestic uses of water through the development of public water distribution systems.
Source:
SL 1993, ch 48, §43.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 01 - State Water Resources Management › Section 46A-1-94 - Perkins County rural water system.

46A-1-94. Perkins County rural water system.
Pursuant to §§46A-1-11 to 46A-1-13, inclusive, construction of a twenty-seven million nine hundred ninety-nine thousand two hundred fifty dollar Perkins County rural water system as generally described in the report, Final Engineering Report, for Perkins County Rural Water System Inc., Bison, South Dakota, dated January 2003, is hereby authorized for the purpose of providing safe and adequate municipal, rural, and industrial water supplies in Perkins County.
The Legislature finds that it is in the best interest of the Perkins County rural water system to provide a portion of the nonfederal matching requirements as enumerated in P.L. 106-136 as amended to January 1, 2011, through the state water resources management system revolving loan program. The Board of Water and Natural Resources may provide loans under the state water resources management system revolving loan program in amounts not to exceed a total of four million five hundred thousand dollars to the Perkins County rural water system to provide a portion of the nonfederal matching requirements as enumerated in P.L. 106-136 as amended to January 1, 2011. No disbursements may be made under the loans authorized by this section unless funds are appropriated by the Legislature in conformance with §46A-1-61.
Notwithstanding the provisions of §46A-1-66, no interest may accrue until the Board of Water and Natural Resources certifies the completion of the construction of the project as authorized. The initial loan repayment is due and payable one year following the certification of construction completion. Loan terms and conditions shall be set by the Board of Water and Natural Resources.
The Board of Water and Natural Resources may provide grants in amounts not to exceed two million five hundred thousand dollars, or so much thereof as may be necessary, to the Perkins County rural water system project to provide the State of South Dakota's portion of the nonfederal matching requirements for the project. No disbursements may be made under the grant authorized by this section unless funds are appropriated by the Legislature in conformance with §46A-1-61.
The loan and grant authorized by this section may be increased or decreased by such amounts as may be justified by reason of ordinary fluctuations in development costs incurred after January 1, 2001, as indicated by engineering costs indices applicable for the type of construction involved.
Source:
SL 1996, ch 265, §11; SL 2004, ch 52, §5, eff. Feb. 25, 2004; SL 2011, ch 165, §310.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 01 - State Water Resources Management › Section 46A-1-95 - Clean lakes program, nonpoint source program, water quality monitoring program, and wetland grant program established.

46A-1-95. Clean lakes program, nonpoint source program, water quality monitoring program, and wetland grant program established.
The state clean lakes program, the nonpoint source program, water quality monitoring program, and wetlands grant program are established. All federal pass-through grant funds, not to exceed six million dollars annually, received for use in the programs are hereby continuously appropriated to the secretary of the Department of Agriculture and Natural Resources. Money received for these programs may be used only for purposes authorized by the federal Clean Water Act as amended to January 1, 2009, and shall be provided according to the terms and conditions established by the secretary.
Source: SL 1996, ch 265, §12; SL 2009, ch 229, §12, eff. Mar. 4, 2009; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 01 - State Water Resources Management › Section 46A-1-96 - Special purpose water district loan program established--Funding.

46A-1-96. Special purpose water district loan program established--Funding.
The special purpose water district loan program is hereby established to provide funds to any newly formed water development district, water project district, watershed district, irrigation district, or sanitary district for administrative and operating expenses during its first year of operation. Funds for the program, not to exceed fifty thousand dollars annually, are hereby continuously appropriated to the Board of Water and Natural Resources out of the money in the South Dakota water and environment fund established pursuant to §46A-1-60. All money disbursed under this program shall be in the form of loans not to exceed a term of three years. The Board of Water and Natural Resources shall execute a loan agreement with participating districts under such terms, conditions, and repayment schedules as the board may determine. Funds shall be disbursed on warrants drawn by the state auditor on vouchers approved by the secretary of the Department of Agriculture and Natural Resources.
Source: SL 1996, ch 265, §21; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 01 - State Water Resources Management › Section 46A-1-97 - Board authorized to contract for financial services.

46A-1-97. Board authorized to contract for financial services.
In administering its programs as authorized in this chapter and chapter 46A-2, the board may enter into contracts or agreements with any department, agency, or instrumentality of the United States or this state, with regulated lenders as defined in §54-3-14, or with trustees appointed pursuant to this chapter for the servicing and processing of loans or other forms of financial assistance or credit enhancement.
Source:
SL 1997, ch 254, §1.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 01 - State Water Resources Management › Section 46A-1-98 - Confidentiality of trade secrets or commercial or financial information received by board or department.

46A-1-98. Confidentiality of trade secrets or commercial or financial information received by board or department.
Any documentary material or data made or received by the board or the Department of Agriculture and Natural Resources for the purpose of furnishing financial assistance to a business pursuant to the provisions of §§34A-6-81 to 34A-6-85.1, inclusive; 46A-1-83 to 46A-1-84, inclusive; and 46A-1-91, to the extent that the material or data consists of trade secrets or commercial or financial information regarding the operation of such business, is not a public record, and is exempt from disclosure. Any discussion or consideration of such trade secrets or commercial or financial information by the board may be done in executive session closed to the public.
Source: SL 1997, ch 254, §2; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 01 - State Water Resources Management › Section 46A-1-99 - Additional financial assistance for solid waste management and recycling facilities.

46A-1-99. Additional financial assistance for solid waste management and recycling facilities.
In addition to the grants and loans provided for in §§34A-6-85 and 46A-1-83, the board may provide other forms of financial assistance or credit enhancement to eligible applicants and projects for the planning, construction, and operation of solid waste management and recycling facilities. The board may enter into contracts or agreements with any department, agency, or instrumentality of the United States or this state, or with regulated lenders as defined in §54-3-14 for that purpose.
Source:
SL 1997, ch 254, §3.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 01 - State Water Resources Management › Section 46A-1-100 - Definition of terms.

46A-1-100. Definition of terms.
Terms used in §§46A-1-100 to 46A-1-106, inclusive, mean:
(1)"Brownfields revitalization and economic development program," a program to provide funding to assist in the assessment, cleanup, and redevelopment of brownfields sites;
(2)"Brownfields site," real property, the expansion, redevelopment, economic development, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant;
(3)"Petroleum," petroleum substances, oil, gasoline, kerosene, fuel oil, oil sludge, oil refuse, oil mixed with other wastes, crude oils, substances, or additives to be utilized in the refining or blending of crude petroleum or petroleum stock, and any other oil or petroleum substance;
(4)"Petroleum contaminated site," a site contaminated by petroleum; and
(5)"Real property," residential, commercial, or industrial properties.
Source:
SL 2004, ch 275, §1.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 01 - State Water Resources Management › Section 46A-1-101 - State brownfields revitalization and economic development program established--Subfunds created--Deposit and use of money.

46A-1-101. State brownfields revitalization and economic development program established--Subfunds created--Deposit and use of money.
The state brownfields revitalization and economic development program is hereby established. A brownfields revolving loan subfund and a brownfields assessment and cleanup subfund are created within the water and environment fund established pursuant to §46A-1-60. The subfunds shall be maintained separately; and all money for use in the program shall be deposited into the subfunds, including the nonadministrative portion of all federal brownfields revitalization program grants, all repayments of assistance awarded from the subfunds, interest on investments made on money in the subfunds, proceeds of discretionary bond issues allowed by §46A-1-31, and principal and interest on loans made from the subfunds. Money in the subfunds may be used only for purposes authorized under federal law. The subfunds may be pledged or assigned by the district to or in trust for the holders of the bonds of the district and may be transferred to and held by a trustee or trustees pursuant to §46A-1-39.
Source:
SL 2004, ch 275, §2.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 01 - State Water Resources Management › Section 46A-1-102 - Disbursement and administration of money from subfunds--Rules--Application of provisions.

46A-1-102. Disbursement and administration of money from subfunds--Rules--Application of provisions.
Money from the brownfields revitalization and economic development program subfunds shall be disbursed and administered according to rules promulgated by the Board of Water and Natural Resources pursuant to chapter 1-26, § 46A-1-65, and the provisions of §§46A-1-100 to 46A-1-106, inclusive. The provisions of §§46A-1-61 to 46A-1-69, inclusive, do not apply to the brownfields revitalization and economic development program subfunds of the water and environment fund or grants and loans from the subfunds made under the brownfields revitalization and economic development program described in §§46A-1-101 to 46A-1-104, inclusive.
Source:
SL 2004, ch 275, §3.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 01 - State Water Resources Management › Section 46A-1-103 - Promulgation of rules by board--Content.

46A-1-103. Promulgation of rules by board--Content.
The Board of Water and Natural Resources shall promulgate rules pursuant to chapter 1-26 to implement the provisions of §§46A-1-100 to 46A-1-106, inclusive, consistent with the requirements of federal law in order for an approved brownfields revitalization and economic development program to become eligible for grant funds from the United States Environmental Protection Agency. The rules shall include criteria and procedures for the selection of projects to receive funds from the brownfields revitalization and economic development program and for the administration of the program including the terms of settlement for program participants pursuant to §34A-10-17.
Source:
SL 2004, ch 275, §4.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 01 - State Water Resources Management › Section 46A-1-104 - Continuous appropriation of brownfields revitalization and economic development program subfunds--Purpose.

46A-1-104. Continuous appropriation of brownfields revitalization and economic development program subfunds--Purpose.
The brownfields revitalization and economic development program subfunds are hereby continuously appropriated to the South Dakota Board of Water and Natural Resources. Money received for these programs may be used only for purposes authorized by the federal Small Business Liability Relief and Brownfields Revitalization Act (P.L. 107-118) as amended to January 1, 2011.
Source:
SL 2004, ch 275, §5; SL 2011, ch 165, §311.