A facility is eligible for funding under the drinking water state revolving fund loan program, established in SDCL 46A-1-60.1, if the facility is:

1. (1) Included in the state water plan before the submittal of the application;
2. (2) On the intended use plan and the project priority list; and

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

   1. (a) A water user district organized under SDCL chapter 46A-9, a watershed district organized under SDCL chapter 46A-14, a water project district organized under SDCL chapter 46A-18, a sanitary district organized under SDCL chapter 34A-5, and any other lawful special purpose governmental entity that may construct drinking water works;
   2. (b) A state agency, instrumentality, or political subdivision of the state;
   3. (c) A federally recognized Indian tribe;
   4. (d) A nonprofit corporation or cooperative; or

   5. (e) Any other public water system that will receive loan proceeds from the Drinking Water State Revolving Fund Emerging Contaminants funding or the Drinking Water State Revolving Fund Lead Service Life Replacement funding made available through Public Law 117-58.

      A facility is eligible for interim financing under the drinking water state revolving fund 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: 23 SDR 195, effective May 25, 1997; 30 SDR 170, effective May 10, 2004; 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.