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South Dakota Codified Laws

Chapter 46A-1

S.D. Codified Laws ch. 46A-1

State Water Resources Management

46A-1-1Legislative findings and policy.46A-1-2Legislative purpose for state water plan--Composition of plan.46A-1-2.1Legislative findings--Water resources projects.46A-1-2.2RepealedRepealed 46A-1-2.3Previous designations of projects superseded.46A-1-2.4Executed 46A-1-2.5Executed 46A-1-2.6Executed 46A-1-2.7Executed 46A-1-2.8Executed 46A-1-2.9Executed 46A-1-2.10Executed 46A-1-2.11Executed 46A-1-2.12Executed 46A-1-2.13Executed 46A-1-2.14Executed 46A-1-3Definition of terms.46A-1-4Water rights not affected by chapter.46A-1-5RepealedRepealed 46A-1-6OmittedRepealed 46A-1-7Establishment of state policy on water facilities--Recommended comments on federal policy.46A-1-8Resolution of conflicting interests.46A-1-9RepealedRepealed 46A-1-10Recommendations to Governor and Legislature as to facilities needed in water resources management system.46A-1-11Estimates of costs and revenues from proposed water facilities--Requests for legislative authorization of construction.46A-1-12Allocation of benefits and costs among governmental and private interests--Determination of priorities.46A-1-13Presentation of cost data to Governor and Legislature--Requests for financing authorization.46A-1-13.1RepealedRepealed 46A-1-13.2Authorization of Belle Fourche irrigation rehabilitation project--Financial assistance limited.46A-1-13.3RepealedRepealed 46A-1-13.4Authorization of Mni Wiconi rural system--Loans--Accrual of interest.46A-1-13.5RepealedRepealed 46A-1-13.6Authorization of Lake Andes-Wagner/Marty II Irrigation Project--Research demonstration project required--Loans authorized--Indian lands exempted from payments.46A-1-13.7Sioux Falls Flood Control Project authorized.46A-1-13.8Black Hills Water Management Project and Black Hills Hydrology Study authorized.46A-1-13.9RepealedRepealed 46A-1-13.10Lewis and Clark Rural Water System authorized.46A-1-13.11Southern Black Hills Water System authorized.46A-1-13.12Belle Fourche irrigation upgrade project authorized.46A-1-14Annual report of activities of board--Contents.46A-1-15Consideration of wild, scenic, and recreational rivers.46A-1-16RepealedRepealed 46A-1-17Borrowing on interim notes--Expenses paid and loans made from proceeds--Issuance of notes.46A-1-18Loan of interim note proceeds to public entity or person for project that state or federal agency is committed to finance--Notes issued prior to financing arrangement.46A-1-19Interim financing--Proper authority required.46A-1-20Interim financing--Independent review of feasibility of project.46A-1-21Interim financing--Proceeds pledged as security--Assignment to district of rights to proceeds.46A-1-22Terms of interim notes.46A-1-23Security for interim notes.46A-1-24Additional covenants and conditions to secure interim notes.46A-1-25Registration of interim notes--Interest payment--Redemption prior to maturity.46A-1-26Execution and attestation of interim notes--Sale.46A-1-27Bond provisions applicable to interim financing.46A-1-28Payment of interim notes on issue of revenue bonds.46A-1-29Plan for project financing to be submitted to Legislature--Authorization for bond issuance--Amount of bonds.46A-1-30Purposes for bond issuance.46A-1-31Bond issuance to finance or refinance statewide water plan projects--Bond issuance to purchase or finance loans by United States Department of Agriculture or to fund revolving fund programs under Clean Water Act or Safe Drinking Water Act.46A-1-32Terms of bonds.46A-1-33Pledge of revenues to secure payment of bonds.46A-1-33.1District may contract to manage payment or interest rate risk for bonds.46A-1-3446A-1-34, 46A-1-35. Repealed by SL 2006, ch 2, §§ 33, 34.46A-1-35RepealedRepealed 46A-1-36Covenant to collect revenues sufficient for retirement of bonds.46A-1-37Covenant against alienation or encumbrance of projects while bonds outstanding.46A-1-38Covenants as to management of project and accounting for funds.46A-1-39Trust agreements.46A-1-40Additional covenants to secure bonds or make them more marketable.46A-1-41State general obligation not to be created.46A-1-42Bonds not a state obligation--Payment restricted to revenues.46A-1-43Recording not required for bond protection.46A-1-44Validity of bonds not dependent upon signing officers remaining in office or regularity of proceedings.46A-1-45Sale of bonds--Procedure and price.46A-1-46Negotiability of bonds.46A-1-47Bonds as legal investments for fiduciaries and financial institutions.46A-1-48Bond and note proceeds--Payment into state treasury not required.46A-1-49Financing agreements to lend bond proceeds--Board resolution.46A-1-50Financing agreements--Provisions to provide for and secure repayment of bonds and loan.46A-1-51Financing agreements--Proper authority required.46A-1-52Financing agreements--Independent review of feasibility of project.46A-1-53Agreement as to custody and disposition of moneys.46A-1-54Remedies of bondholders.46A-1-55Persons executing district notes or bonds not subject to personal liability.46A-1-56Refunding bonds authorized for matured obligations.46A-1-57Sale of refunding bonds for matured obligations--Application of proceeds--Cancellation of instruments paid.46A-1-58Refunding bonds authorized for unmatured obligations.46A-1-59Sale of refunding bonds for unmatured obligations--Use of proceeds.46A-1-60Water and environment fund--Establishment--Moneys in fund.46A-1-60.1Water pollution control revolving fund program and state drinking water revolving fund program established--Program subfunds created--Deposits into subfunds and use thereof.46A-1-60.2Disbursements 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-1-61Authorization required for disbursements from fund--Form of appropriation from fund--Limit on grants.46A-1-69Suspension of annual installment due on loan for irrigation project.46A-1-60.3Rules 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-1-60.446A-1-60.4, 46A-1-60.5. Executed 46A-1-62Disbursements from capital projects fund.46A-1-63Energy industry use funds deposit--Deposit of funds recovered through lawsuit or settlement.46A-1-63.1Consolidated water facilities construction program--Disbursements.46A-1-63.246A-1-63.2, 46A-1-63.3. Expired 46A-1-64Limit on loans or grants to projects in water facilities plan--Security for loans.46A-1-65Criteria for selection of projects to receive loans or grants--Regulation of loans or grants.46A-1-66Interest on loans.46A-1-67Term of loans--Capitalization and refinancing of loans for purposes other than construction.46A-1-67.1Repayment of loan may be deferred until execution of contract for project construction.46A-1-68Loan terms set by Legislature.46A-1-68.1Deposit of money received from fund.46A-1-70Financial reporting of projects--Auditing.46A-1-71Legislative findings regarding need for program of statewide water development and financing.46A-1-72Pipeline or aqueduct construction authorized--Use of water.46A-1-73Financing of pipelines or aqueducts--Bonds--Loans.46A-1-74RepealedRepealed 46A-1-7546A-1-75 to 46A-1-77. Repealed by SL 1986, ch 291, §§ 34 to 36 46A-1-78Moratorium on Oahe project construction as public policy of state--Study of alternate projects--Negotiation of settlement for land losses.46A-1-79TransferredRepealed 46A-1-80RepealedRepealed 46A-1-80.1Ownership of dredges and money transferred to South Dakota Lakes and Streams Association--Reversion.46A-1-81Amount of funds required for dredge maintenance and repair and other expenses.46A-1-82Environment and water resources trust fund established--Subfund.46A-1-82.1RepealedRepealed 46A-1-83State solid waste management program established.46A-1-83.1RepealedRepealed 46A-1-83.2Expenditure of fees deposited in environment and water resources trust fund--Access to fund--Appropriation.46A-1-83.3Executed 46A-1-84Adoption of rules to award financial assistance to sponsors of solid waste management projects--Purpose and preference of awards.46A-1-8546A-1-85, 46A-1-85.1. Repealed by SL 2005, ch 237, §§ 14, 15.46A-1-86Obsolete 46A-1-87RepealedRepealed 46A-1-88Conversion of study loans to grants.46A-1-89RepealedRepealed 46A-1-90RepealedRepealed 46A-1-91Financial assistance for recycling and processing facilities for waste tires.46A-1-92Legislative findings and authorization of certain water development projects.46A-1-93Priority in administration of funds.46A-1-94Perkins County rural water system.46A-1-95Clean lakes program, nonpoint source program, water quality monitoring program, and wetland grant program established.46A-1-96Special purpose water district loan program established--Funding.46A-1-97Board authorized to contract for financial services.46A-1-98Confidentiality of trade secrets or commercial or financial information received by board or department.46A-1-99Additional financial assistance for solid waste management and recycling facilities.46A-1-100Definition of terms.46A-1-101State brownfields revitalization and economic development program established--Subfunds created--Deposit and use of money.46A-1-102Disbursement and administration of money from subfunds--Rules--Application of provisions.46A-1-103Promulgation of rules by board--Content.46A-1-104Continuous appropriation of brownfields revitalization and economic development program subfunds--Purpose.46A-1-105Establishment of brownfields program by eligible entity.46A-1-106Powers of eligible entity establishing brownfields program.46A-1-107Water infrastructure development fund--Moneys comprising--Continuous appropriation--Purpose--Grants--Loans--Promulgation of rules.