S.D. Codified Laws § 46A-1-3

Current through the 2024 Legislative Session

Section 46A-1-3 - Definition of terms

Terms as used in this chapter, unless the context otherwise requires, shall mean:

(1) "Basis point," one hundredth of one percent of interest;

(2) "Board," the Board of Water and Natural Resources created by § 1-41-11;

(3) "District," the South Dakota Conservancy District;

(4) "Facilities" or "state water facilities," all water facilities included or being studied or recommended for inclusion within the comprehensive statewide water plan or state water resources management system;

(5) "Facilities plan" or "state water facilities plan," those parts of the statewide water plan established by the Board of Water and Natural Resources;

(6) "Free flowing," as applied to any river, existing or flowing in a natural condition without impoundment, diversion, straightening, rip-rapping, or other modification of the waterway;

(7) "Fund," the South Dakota water and environment fund;

(8) "Person," a person as that term is defined in subdivision 46A-2-4(6);

(9) "Plan" or "water plan" or "statewide water plan" or "comprehensive statewide water plan," plans developed or to be developed by the South Dakota Conservancy District as provided by this chapter;

(10) "Project," a water resources project as that term is defined in subdivision 46A-2-4(14);

(11) "Public entity," a public entity as that term is defined in subdivision 46A-2-4(7);

(12) "Recreational river areas," those rivers or sections of rivers that are readily accessible by road, that may have some development along their shorelines and that may have undergone some impoundment or diversion in the past, and the public areas adjacent to the rivers or sections of rivers;

(13) "Regulated public water utility," a public entity or person with which the district has entered into a financing arrangement pursuant to § 46A-1-18 or a financing agreement pursuant to § 46A-1-49, with respect to a project;

(14) "River," a flowing body of water or estuary or a section, portion, or tributary thereof, including rivers, streams, creeks, runs, and small lakes, provided that no flowing body of water shall be considered a "wild, scenic, or recreational river" unless it has a sufficient quantity of water to support a year-round game fish population;

(15) "Scenic river areas," those rivers or sections of rivers that are free of impoundments, with shorelines or watersheds still largely primitive but which are accessible in places by roads, and the public use and access areas adjacent to the rivers or sections of rivers;

(16) "System" or "state water resources management system," those parts of the statewide water plan established by the Legislature as a needed objective for water resources management in South Dakota and for which the Legislature may authorize construction and financing in whole or in part;

(17) "Wild river area," those rivers or sections of rivers that are free of impoundments and generally inaccessible except by trail, with watersheds or shorelines essentially primitive and with waters which are unpolluted, and the public use and access areas adjacent to the rivers or sections of rivers.

SDCL 46A-1-3

SL 1972, ch 241, § 5; SL 1976, ch 282, § 2; SL 1979, ch 301, § 2; SL 1981 (2d SS), ch 1, § 6; SDCL Supp, § 46-17A-3; SL 1983, ch 321, § 3; SL 1992, ch 254, § 8; SL 2021, ch 1 (Ex. Ord. 21-3), §14, eff. Apr. 19, 2021.