A facility is eligible for funding under the SRF program, established in SDCL 46A-1-60.1, if the facility is:

1. (1) Included in the state water facilities plan before submittal of the application;
2. (2) On the current, approved IUP and project priority list; and

3. (3) Sponsored by one of the following entities:

   1. (a) A watershed district organized under SDCL chapter 46A-14, water project district organized under SDCL chapter 46A-18, water user district organized under SDCL chapter 46A-9, sanitary district organized under SDCL chapter 34A-5, recycling and waste management district organized under SDCL chapter 34A-16, and any other lawful special purpose governmental entity that may construct eligible works;
   2. (b) A state agency, state instrumentality, or political subdivision of the state; or

   3. (c) A federally recognized Indian tribe.

      A facility is eligible for assistance under the SRF program in the form of a water quality grant if the project is sponsored by an entity listed in subdivisions (1) to (3) of this section or by a private entity undertaking an eligible project under the Act.

      A facility that is eligible to use the proceeds of a loan to make loans to private persons for nonpoint source projects is also eligible for assistance under the SRF program.

      A facility is eligible for interim financing under the SRF program if the project sponsor provides evidence, in a form satisfactory to the board, that an agency or instrumentality of the United States government has committed to make a federal grant or loan for the project, and the proceeds of the grant or loan will be assigned to repay the interim loan.

      An applicant seeking funding solely for the expenses associated with the design of a facility and preparation of plans and specifications may receive funding without the facility being included in the state water facilities plan.

      A facility that has been funded by the board is deemed to remain in the state water facilities plan for purposes of a request by the sponsor for additional funding for the facility.

Source: 15 SDR 20, effective August 7, 1988; 21 SDR 97, effective November 28, 1994; 28 SDR 4, effective July 22, 2001; 30 SDR 170, effective May 10, 2004; 33 SDR 106, effective December 26, 2006; 36 SDR 208, effective June 28, 2010; 40 SDR 14, effective July 29, 2013 ; 49 SDR 100, effective May 22, 2023 .

General Authority: SDCL 46A-1-60.2 , 46A-1-60.3 .

Law Implemented: SDCL 46A-1-60.1 to 46A-1-60.3 , inclusive .

Prior versions effective: 2013-07-29.