South Dakota

46-1-1. Use of water of state--Paramount interest of people--Conversion to public use.

46-1-2. Development of water resources for public benefit.

46-1-3. Water as property of people--Appropriation of right to use.

46-1-4. Beneficial use of water resources--Prevention of waste--Right to water from natural stream or watercourse.

46-1-5. Domestic use of water takes precedence over appropriative rights--Governmental use.

46-1-6. Definition of terms.

46-1-7. Standards of measurement--Flow of water--Volume of water--Miner's inch.

46-1-8. Beneficial use--Measure and limit of right to use of waters.

46-1-9. Vested rights defined.

46-1-10. Vested rights acquired before July 1, 1955, validated.

46-1-11. Violations of water use laws as misdemeanors--Civil fine in addition--Each day as separate violation--Exemption of board and commission actions.

46-1-12. Suspension or cancellation of permit or license.

46-1-13. Grant of water right for use outside state.

46-1-14. Terms and conditions of permits and licenses--Amendment.

46-1-15. Permit required for appropriation of waters.

46-1-16. Authority of chief engineer to issue permits--Scheduling application.

46A-1-1. Legislative findings and policy.

46A-1-2. Legislative purpose for state water plan--Composition of plan.

46A-1-2.1. Legislative findings--Water resources projects.

46A-1-2.2. 46A-1-2.2. Repealed by SL 1994, ch 346, § 14

46A-1-2.3. Previous designations of projects superseded.

46A-1-2.4. 46A-1-2.4. Executed

46A-1-2.5. 46A-1-2.5. Executed

46A-1-2.6. 46A-1-2.6. Executed

46A-1-2.7. 46A-1-2.7. Executed

46A-1-2.8. 46A-1-2.8. Executed

46A-1-2.9. 46A-1-2.9. Executed

46A-1-2.10. 46A-1-2.10. Executed

46A-1-2.11. 46A-1-2.11. Executed

46A-1-2.12. 46A-1-2.12. Executed

46A-1-2.13. 46A-1-2.13. Executed

46A-1-2.14. 46A-1-2.14. Executed

46A-1-3. Definition of terms.

46A-1-4. Water rights not affected by chapter.

46A-1-5. 46A-1-5. Repealed by SL 2011, ch 165, § 286.

46A-1-6. 46A-1-6. Omitted

46A-1-7. Establishment of state policy on water facilities--Recommended comments on federal policy.

46A-1-8. Resolution of conflicting interests.

46A-1-9. 46A-1-9. Repealed by SL 2015, ch 192, § 3.

46A-1-10. Recommendations to Governor and Legislature as to facilities needed in water resources management system.

46A-1-11. Estimates of costs and revenues from proposed water facilities--Requests for legislative authorization of construction.

46A-1-12. Allocation of benefits and costs among governmental and private interests--Determination of priorities.

46A-1-13. Presentation of cost data to Governor and Legislature--Requests for financing authorization.

46A-1-13.1. 46A-1-13.1. Repealed by SL 2013, ch 166, § 99.

46A-1-13.2. Authorization of Belle Fourche irrigation rehabilitation project--Financial assistance limited.

46A-1-13.3. 46A-1-13.3. Repealed by SL 2013, ch 166, § 113.

46A-1-13.4. Authorization of Mni Wiconi rural system--Loans--Accrual of interest.

46A-1-13.5. 46A-1-13.5. Repealed by SL 2013, ch 166, § 114.

46A-1-13.6. Authorization of Lake Andes-Wagner/Marty II Irrigation Project--Research demonstration project required--Loans authorized--Indian lands exempted from payments.

46A-1-13.7. Sioux Falls Flood Control Project authorized.

46A-1-13.8. Black Hills Water Management Project and Black Hills Hydrology Study authorized.

46A-1-13.9. 46A-1-13.9. Repealed by SL 2013, ch 166, § 115.

46A-1-13.10. Lewis and Clark Rural Water System authorized.

46A-1-13.11. Southern Black Hills Water System authorized.

46A-1-13.12. Belle Fourche irrigation upgrade project authorized.

46A-1-14. Annual report of activities of board--Contents.

46A-1-15. Consideration of wild, scenic, and recreational rivers.

46A-1-16. 46A-1-16. Repealed by SL 2015, ch 192, § 4.

46A-1-17. Borrowing on interim notes--Expenses paid and loans made from proceeds--Issuance of notes.

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.

46A-1-19. Interim financing--Proper authority required.

46A-1-20. Interim financing--Independent review of feasibility of project.

46A-1-21. Interim financing--Proceeds pledged as security--Assignment to district of rights to proceeds.

46A-1-22. Terms of interim notes.

46A-1-23. Security for interim notes.

46A-1-24. Additional covenants and conditions to secure interim notes.

46A-1-25. Registration of interim notes--Interest payment--Redemption prior to maturity.

46A-1-26. Execution and attestation of interim notes--Sale.

46A-1-27. Bond provisions applicable to interim financing.

46A-1-28. Payment of interim notes on issue of revenue bonds.

46A-1-29. Plan for project financing to be submitted to Legislature--Authorization for bond issuance--Amount of bonds.

46A-1-30. Purposes for bond issuance.

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.

46A-1-32. Terms of bonds.

46A-1-33. Pledge of revenues to secure payment of bonds.

46A-1-33.1. District may contract to manage payment or interest rate risk for bonds.

46A-1-34. 46A-1-34, 46A-1-35. Repealed by SL 2006, ch 2, §§ 33, 34.

46A-1-35. 46A-1-35. Repealed by SL 2006, ch 2, § 34.

46A-1-36. Covenant to collect revenues sufficient for retirement of bonds.

46A-1-37. Covenant against alienation or encumbrance of projects while bonds outstanding.

46A-1-38. Covenants as to management of project and accounting for funds.

46A-1-39. Trust agreements.

46A-1-40. Additional covenants to secure bonds or make them more marketable.

46A-1-41. State general obligation not to be created.

46A-1-42. Bonds not a state obligation--Payment restricted to revenues.

46A-1-43. Recording not required for bond protection.

46A-1-44. Validity of bonds not dependent upon signing officers remaining in office or regularity of proceedings.

46A-1-45. Sale of bonds--Procedure and price.

46A-1-46. Negotiability of bonds.

46A-1-47. Bonds as legal investments for fiduciaries and financial institutions.

46A-1-48. Bond and note proceeds--Payment into state treasury not required.

46A-1-49. Financing agreements to lend bond proceeds--Board resolution.

46A-1-50. Financing agreements--Provisions to provide for and secure repayment of bonds and loan.

46A-1-51. Financing agreements--Proper authority required.

46A-1-52. Financing agreements--Independent review of feasibility of project.

46A-1-53. Agreement as to custody and disposition of moneys.

46A-1-54. Remedies of bondholders.

46A-1-55. Persons executing district notes or bonds not subject to personal liability.

46A-1-56. Refunding bonds authorized for matured obligations.

46A-1-57. Sale of refunding bonds for matured obligations--Application of proceeds--Cancellation of instruments paid.

46A-1-58. Refunding bonds authorized for unmatured obligations.

46A-1-59. Sale of refunding bonds for unmatured obligations--Use of proceeds.

46A-1-60. Water and environment fund--Establishment--Moneys in fund.

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.

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.

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.

46A-1-60.4. 46A-1-60.4, 46A-1-60.5. Executed

46A-1-61. Authorization required for disbursements from fund--Form of appropriation from fund--Limit on grants.

46A-1-62. Disbursements from capital projects fund.

46A-1-63. Energy industry use funds deposit--Deposit of funds recovered through lawsuit or settlement.

46A-1-63.1. Consolidated water facilities construction program--Disbursements.

46A-1-63.2. 46A-1-63.2, 46A-1-63.3. Expired

46A-1-64. Limit on loans or grants to projects in water facilities plan--Security for loans.

46A-1-65. Criteria for selection of projects to receive loans or grants--Regulation of loans or grants.

46A-1-66. Interest on loans.

46A-1-67. Term of loans--Capitalization and refinancing of loans for purposes other than construction.

46A-1-67.1. Repayment of loan may be deferred until execution of contract for project construction.

46A-1-68. Loan terms set by Legislature.

46A-1-68.1. Deposit of money received from fund.

46A-1-69. Suspension of annual installment due on loan for irrigation project.

46A-1-70. Financial reporting of projects--Auditing.

46A-1-71. Legislative findings regarding need for program of statewide water development and financing.

46A-1-72. Pipeline or aqueduct construction authorized--Use of water.

46A-1-73. Financing of pipelines or aqueducts--Bonds--Loans.

46A-1-74. 46A-1-74. Repealed by SL 2004, ch 274, § 3

46A-1-75. 46A-1-75 to 46A-1-77. Repealed by SL 1986, ch 291, §§ 34 to 36

46A-1-78. Moratorium on Oahe project construction as public policy of state--Study of alternate projects--Negotiation of settlement for land losses.

46A-1-79. 46A-1-79. Transferred to § 46A-1-63.1

46A-1-80. 46A-1-80. Repealed by SL 2006, ch 2, § 36.

46A-1-80.1. Ownership of dredges and money transferred to South Dakota Lakes and Streams Association--Reversion.

46A-1-81. Amount of funds required for dredge maintenance and repair and other expenses.

46A-1-82. Environment and water resources trust fund established--Subfund.

46A-1-82.1. 46A-1-82.1. Repealed by SL 1996, ch 47, § 8

46A-1-83. State solid waste management program established.

46A-1-83.1. 46A-1-83.1. Repealed by SL 1995, ch 251, § 19A

46A-1-83.2. Expenditure of fees deposited in environment and water resources trust fund--Access to fund--Appropriation.

46A-1-83.3. 46A-1-83.3. Executed

46A-1-84. Adoption of rules to award financial assistance to sponsors of solid waste management projects--Purpose and preference of awards.

46A-1-85. 46A-1-85, 46A-1-85.1. Repealed by SL 2005, ch 237, §§ 14, 15.

46A-1-86. 46A-1-86. Obsolete

46A-1-87. 46A-1-87. Repealed by SL 1997, ch 208, § 2

46A-1-88. Conversion of study loans to grants.

46A-1-89. 46A-1-89. Repealed by SL 2005, ch 237, § 16.

46A-1-90. 46A-1-90. Repealed by SL 2013, ch 166, § 116.

46A-1-91. Financial assistance for recycling and processing facilities for waste tires.

46A-1-92. Legislative findings and authorization of certain water development projects.

46A-1-93. Priority in administration of funds.

46A-1-94. Perkins County rural water system.

46A-1-95. Clean lakes program, nonpoint source program, water quality monitoring program, and wetland grant program established.

46A-1-96. Special purpose water district loan program established--Funding.

46A-1-97. Board authorized to contract for financial services.

46A-1-98. Confidentiality of trade secrets or commercial or financial information received by board or department.

46A-1-99. Additional financial assistance for solid waste management and recycling facilities.

46A-1-100. Definition of terms.

46A-1-101. State brownfields revitalization and economic development program established--Subfunds created--Deposit and use of money.

46A-1-102. Disbursement and administration of money from subfunds--Rules--Application of provisions.

46A-1-103. Promulgation of rules by board--Content.

46A-1-104. Continuous appropriation of brownfields revitalization and economic development program subfunds--Purpose.

46A-1-105. Establishment of brownfields program by eligible entity.

46A-1-106. Powers of eligible entity establishing brownfields program.

46A-1-107. Water infrastructure development fund--Moneys comprising--Continuous appropriation--Purpose--Grants--Loans--Promulgation of rules.