49-37-1. Usual corporate powers–Power to hold property in conduct of business–Authority to promote district. Subject to the limitations of the petition for its creation and all amendments thereto, a consumers power district shall have all the usual powers of a corporation for public purposes and may purchase, hold, sell, and lease, as lessor or lessee, […]
49-37-10. Competitive bidding requirements suspended during emergency. In the event of sudden or unexpected damage, injury or impairment of such plant, works, system, or other property belonging to a consumers power district, the board of directors may, in its discretion, declare an emergency, and proceed with the necessary repairs, alterations, extensions, additions, or other work, […]
49-37-11. Competitive bidding requirements suspended during war. When, by reason of disturbed or disrupted economic conditions due to the prosecution of war or due to the operation of laws, rules, or regulations of governmental authorities, whether enacted, passed, promulgated, or issued under or due to the emergency or necessities of war or national defense, the […]
49-37-12. Private industry prohibited from owning assets of district–Consent of voters–Sale of individual items permitted. Neither by sale under foreclosure, receivership or bankruptcy proceedings, nor by alienation in any other manner, may the property of a consumers power district become the property or come under the control of any private person, firm or corporation engaged […]
49-37-13. Privilege tax levied against district. For the privilege of engaging in the business of generating, distributing, transmitting, purchasing, selling electric energy for public use, or any other business as provided in chapters 49-35 to 49-40, inclusive, there is levied upon, and shall be collected from, each consumers power district an occupational excise tax equal […]
49-37-14. Computation and payment of tax. For the purpose of determining the occupational excise tax levied by §49-37-13: (1)All property owned, leased, operated, or controlled by any district shall be assessed and the tax equivalent computed, collected, paid, and apportioned in the same manner and for the same purposes as may now or hereafter be […]
49-37-15. Taxes on districts qualifying as rural electric companies. Notwithstanding §§49-37-13 and 49-37-14, if a consumers power district comes within the classification of rural electric companies as defined in chapter 10-36, then the provisions of that chapter shall apply to said district. Source: SL 1950 (SS), ch 17, §66; SDC Supp 1960, §52.1765.
49-37-16. Charges for services–Discrimination prohibited. The board of directors of any district organized under chapter 49-35 shall have the power and be required to fix, establish and collect adequate rates, tolls, rents, and other charges, for electrical energy, and for any services or facilities sold, furnished or supplied by the district, which rates, tolls, rents, […]
49-37-17. Districts not within jurisdiction of Public Utilities Commission. The South Dakota Public Utilities Commission shall have no jurisdiction over the districts organized under chapter 49-35, or over their rates, charges, or operations. Source: SL 1950 (SS), ch 17, §68; SDC Supp 1960, §52.1767.
49-37-18. District as franchised to use streets of municipality for transmission lines. If the majority of the voters of any municipality voting thereon shall vote in favor of the formation of a consumers power district, the annexation of territory or a municipality to an existing district, or the consolidation of two or more districts, as […]
49-37-19. Contracts with municipality for sale at wholesale–Authority of municipality. A consumers power district shall have authority to contract with municipalities for the sales, transmission, and delivery of electrical energy at wholesale; and a municipality shall have authority to purchase at wholesale electrical energy from a district without the granting of a franchise to such […]
49-37-2. Acquisition or operation of electric plants and systems inside or outside district–Singular or joint operations–Purpose. Subject to the limitations of the petition for its creation and all amendments thereto, a consumers power district may finance, own, construct, reconstruct, purchase, lease as lessor or lessee, or otherwise acquire, improve, extend, manage, use, or operate either […]
49-37-20. Other contracts with municipalities–Authority of municipality. Contracts, other than franchises, which any municipality is empowered to make with any consumers power district to furnish such municipality, or its inhabitants, with electrical energy, shall be made in the same manner and upon the same terms and conditions as such municipality is now or hereafter empowered […]
49-37-21. Districts as works of internal improvement–Applicability of laws respecting internal improvements. All power plants and systems, constructed or otherwise acquired, or used or operated by any consumers power district under the provisions of chapters 49-35 to 49-40, inclusive, or proposed by such district to be so constructed, acquired, owned, used, or operated, are hereby […]
49-37-22. Just compensation for use of state waters–Amount of compensation. No inferior right to the use of the waters of this state shall be acquired by a superior right without just compensation therefor to the inferior user. The just compensation paid to those using water for power purposes shall not be greater than the cost […]
49-37-23. Liability of district respecting use of water. Any consumers power district shall be liable for all breaks, overflow, and seepage damage. Source: SL 1950 (SS), ch 17, §80; SDC Supp 1960, §52.1779.
49-37-24. Investment of district funds–Regulations–Investment officer. A consumer power district may invest, deposit or administer its public funds, moneys, and securities in the classes of securities and investments approved for investment of state public funds under the provisions of chapter 4-5. The board of directors of a district may promulgate investment policy regulations pertaining to […]
49-37-25. Indemnification of directors, officers, employees or agents. A consumers power district may indemnify any person who was or is a party or is threatened to be made a party to any pending or completed action, suit or proceeding, whether civil, criminal, administrative, or investigative by reason of the fact that he is or was […]
49-37-3.1. Criteria considered in development of power systems–Alternative sources–Board determination as to size of facility. In order to provide electric power and energy to the people of this state at a more economical cost and with greater reliability, the board of directors of a consumers power district in providing for development of power plants, lines […]
49-37-4. Contractual powers–Sale of electrical appliances or equipment prohibited. Subject to the limitations of the petition for its creation and all amendments thereto, a consumers power district may engage in, or transact business, or enter into any kind of contract or arrangement with any person, firm, corporation, limited liability company, association or labor union, state, […]
