Chapter 1 - STATE WATER RESOURCES MANAGEMENT

Section 46A-1-1 - Legislative findings and policy
Section 46A-1-2 - Legislative purpose for state water plan-Composition of plan
Section 46A-1-2.1 - [Effective Until 7/1/2024] Legislative findings-Water resources projects
Section 46A-1-2.1 - [Effective 7/1/2024] Legislative findings-Water resources projects
Section 46A-1-2.2 - [Repealed]
Section 46A-1-2.3 - Previous designations of projects superseded
Section 46A-1-2.4 - Executed
Section 46A-1-2.5 - Executed
Section 46A-1-2.6 - Executed
Section 46A-1-2.7 - Executed
Section 46A-1-2.8 - Executed
Section 46A-1-2.9 - Executed
Section 46A-1-2.10 - Executed
Section 46A-1-2.11 - Executed
Section 46A-1-2.12 - Executed
Section 46A-1-2.13 - Executed
Section 46A-1-2.14 - Executed
Section 46A-1-3 - Definition of terms
Section 46A-1-4 - Water rights not affected by chapter
Section 46A-1-5 - [Repealed]
Section 46A-1-6 - Omitted
Section 46A-1-7 - Establishment of state policy on water facilities-Recommended comments on federal policy
Section 46A-1-8 - Resolution of conflicting interests
Section 46A-1-9 - [Repealed]
Section 46A-1-10 - Recommendations to Governor and Legislature as to facilities needed in water resources management system
Section 46A-1-11 - Estimates of costs and revenues from proposed water facilities-Requests for legislative authorization of construction
Section 46A-1-12 - Allocation of benefits and costs among governmental and private interests-Determination of priorities
Section 46A-1-13 - Presentation of cost data to Governor and Legislature-Requests for financing authorization
Section 46A-1-13.1 - [Repealed]
Section 46A-1-13.2 - Authorization of Belle Fourche irrigation rehabilitation project-Financial assistance limited
Section 46A-1-13.3 - [Repealed]
Section 46A-1-13.4 - Authorization of Mni Wiconi rural system-Loans-Accrual of interest
Section 46A-1-13.5 - [Repealed]
Section 46A-1-13.6 - Authorization of Lake Andes-Wagner/Marty II Irrigation Project-Research demonstration project required-Loans authorized-Indian lands exempted from payments
Section 46A-1-13.7 - Sioux Falls Flood Control Project authorized
Section 46A-1-13.8 - Black Hills Water Management Project and Black Hills Hydrology Study authorized
Section 46A-1-13.9 - [Repealed]
Section 46A-1-13.10 - Lewis and Clark Rural Water System authorized
Section 46A-1-13.11 - Southern Black Hills Water System authorized
Section 46A-1-13.12 - Belle Fourche irrigation upgrade project authorized
Section 46A-1-14 - Annual report of activities of board-Contents
Section 46A-1-15 - Consideration of wild, scenic, and recreational rivers
Section 46A-1-16 - [Repealed]
Section 46A-1-17 - Borrowing on interim notes-Expenses paid and loans made from proceeds-Issuance of notes
Section 46A-1-18 - Loan 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
Section 46A-1-19 - Interim financing-Proper authority required
Section 46A-1-20 - Interim financing-Independent review of feasibility of project
Section 46A-1-21 - Interim financing-Proceeds pledged as security-Assignment to district of rights to proceeds
Section 46A-1-22 - Terms of interim notes
Section 46A-1-23 - Security for interim notes
Section 46A-1-24 - Additional covenants and conditions to secure interim notes
Section 46A-1-25 - Registration of interim notes-Interest payment-Redemption prior to maturity
Section 46A-1-26 - Execution and attestation of interim notes-Sale
Section 46A-1-27 - Bond provisions applicable to interim financing
Section 46A-1-28 - Payment of interim notes on issue of revenue bonds
Section 46A-1-29 - Plan for project financing to be submitted to Legislature-Authorization for bond issuance-Amount of bonds
Section 46A-1-30 - Purposes for bond issuance
Section 46A-1-31 - Bond 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
Section 46A-1-32 - Terms of bonds
Section 46A-1-33 - Pledge of revenues to secure payment of bonds
Section 46A-1-33.1 - District may contract to manage payment or interest rate risk for bonds
Section 46A-1-34, 46A-1-35 - [Repealed]
Section 46A-1-36 - Covenant to collect revenues sufficient for retirement of bonds
Section 46A-1-37 - Covenant against alienation or encumbrance of projects while bonds outstanding
Section 46A-1-38 - Covenants as to management of project and accounting for funds
Section 46A-1-39 - Trust agreements
Section 46A-1-40 - Additional covenants to secure bonds or make them more marketable
Section 46A-1-41 - State general obligation not to be created
Section 46A-1-42 - Bonds not a state obligation-Payment restricted to revenues
Section 46A-1-43 - Recording not required for bond protection
Section 46A-1-44 - Validity of bonds not dependent upon signing officers remaining in office or regularity of proceedings
Section 46A-1-45 - Sale of bonds-Procedure and price
Section 46A-1-46 - Negotiability of bonds
Section 46A-1-47 - Bonds as legal investments for fiduciaries and financial institutions
Section 46A-1-48 - Bond and note proceeds-Payment into state treasury not required
Section 46A-1-49 - Financing agreements to lend bond proceeds-Board resolution
Section 46A-1-50 - Financing agreements-Provisions to provide for and secure repayment of bonds and loan
Section 46A-1-51 - Financing agreements-Proper authority required
Section 46A-1-52 - Financing agreements-Independent review of feasibility of project
Section 46A-1-53 - Agreement as to custody and disposition of moneys
Section 46A-1-54 - Remedies of bondholders
Section 46A-1-55 - Persons executing district notes or bonds not subject to personal liability
Section 46A-1-56 - Refunding bonds authorized for matured obligations
Section 46A-1-57 - Sale of refunding bonds for matured obligations-Application of proceeds-Cancellation of instruments paid
Section 46A-1-58 - Refunding bonds authorized for unmatured obligations
Section 46A-1-59 - Sale of refunding bonds for unmatured obligations-Use of proceeds
Section 46A-1-60 - Water and environment fund-Establishment-Moneys in fund
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
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
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
Section 46A-1-60.4, 46A-1-60.5 - Executed
Section 46A-1-61 - Authorization required for disbursements from fund-Form of appropriation from fund-Limit on grants
Section 46A-1-62 - Disbursements from capital projects fund
Section 46A-1-63 - Energy industry use funds deposit-Deposit of funds recovered through lawsuit or settlement
Section 46A-1-63.1 - Consolidated water facilities construction program-Disbursements
Section 46A-1-63.2, 46A-1-63.3 - Expired
Section 46A-1-64 - Limit on loans or grants to projects in water facilities plan-Security for loans
Section 46A-1-65 - Criteria for selection of projects to receive loans or grants-Regulation of loans or grants
Section 46A-1-66 - Interest on loans
Section 46A-1-67 - Term of loans-Capitalization and refinancing of loans for purposes other than construction
Section 46A-1-67.1 - Repayment of loan may be deferred until execution of contract for project construction
Section 46A-1-68 - Loan terms set by Legislature
Section 46A-1-68.1 - Deposit of money received from fund
Section 46A-1-69 - Suspension of annual installment due on loan for irrigation project
Section 46A-1-70 - Financial reporting of projects-Auditing
Section 46A-1-71 - Legislative findings regarding need for program of statewide water development and financing
Section 46A-1-72 - Pipeline or aqueduct construction authorized-Use of water
Section 46A-1-73 - Financing of pipelines or aqueducts-Bonds-Loans
Section 46A-1-74 - [Repealed]
Section 46A-1-75 to 46A-1-77 - [Repealed]
Section 46A-1-78 - Moratorium on Oahe project construction as public policy of state-Study of alternate projects-Negotiation of settlement for land losses
Section 46A-1-79 - Transferred
Section 46A-1-80 - [Repealed]
Section 46A-1-80.1 - [Effective Until ninety days after submission to the legislature] Ownership of dredges and money transferred to South Dakota Lakes and Streams Association-Reversion
Section 46A-1-80.1 - [Effective ninety days after submission to the legislature] Ownership of dredges and money transferred to South Dakota Lakes and Streams Association-Reversion
Section 46A-1-81 - Amount of funds required for dredge maintenance and repair and other expenses
Section 46A-1-82 - Environment and water resources trust fund established-Subfund
Section 46A-1-82.1 - [Repealed]
Section 46A-1-83 - State solid waste management program established
Section 46A-1-83.1 - [Repealed]
Section 46A-1-83.2 - Expenditure of fees deposited in environment and water resources trust fund-Access to fund-Appropriation
Section 46A-1-83.3 - Executed
Section 46A-1-84 - Adoption of rules to award financial assistance to sponsors of solid waste management projects-Purpose and preference of awards
Section 46A-1-85, 46A-1-85.1 - [Repealed]
Section 46A-1-86 - Obsolete
Section 46A-1-87 - [Repealed]
Section 46A-1-88 - Conversion of study loans to grants
Section 46A-1-89 - [Repealed]
Section 46A-1-90 - [Repealed]
Section 46A-1-91 - Financial assistance for recycling and processing facilities for waste tires
Section 46A-1-92 - Legislative findings and authorization of certain water development projects
Section 46A-1-93 - Priority in administration of funds
Section 46A-1-94 - Perkins County rural water system
Section 46A-1-95 - Clean lakes program, nonpoint source program, water quality monitoring program, and wetland grant program established
Section 46A-1-96 - Special purpose water district loan program established-Funding
Section 46A-1-97 - Board authorized to contract for financial services
Section 46A-1-98 - Confidentiality of trade secrets or commercial or financial information received by board or department
Section 46A-1-99 - Additional financial assistance for solid waste management and recycling facilities
Section 46A-1-100 - Definition of terms
Section 46A-1-101 - State brownfields revitalization and economic development program established-Subfunds created-Deposit and use of money
Section 46A-1-102 - Disbursement and administration of money from subfunds-Rules-Application of provisions
Section 46A-1-103 - Promulgation of rules by board-Content
Section 46A-1-104 - Continuous appropriation of brownfields revitalization and economic development program subfunds-Purpose
Section 46A-1-105 - Establishment of brownfields program by eligible entity
Section 46A-1-106 - Powers of eligible entity establishing brownfields program