46A-2-1. Creation of South Dakota Conservancy District–Boundaries–Powers. There is hereby created within the State of South Dakota, a conservancy district, to be known as the “South Dakota Conservancy District.” The boundaries of the district shall coincide in all particulars with the boundaries of the State of South Dakota. Such district is a governmental agency, body […]
46A-2-11. Board may sue and be sued. The Board of Water and Natural Resources may sue and be sued in the name of the district. Source: SL 1959, ch 453, §8; SDC Supp 1960, §61.1408 (1); SDCL §46-17-15; SL 2011, ch 165, §314.
46A-2-12. Legal adviser of board–Cooperation of state agencies at request of board. The attorney general shall act as the legal adviser of the Board of Water and Natural Resources. All other state agencies shall assist and cooperate with the conservancy district, at the request of the board. Source: SL 1959, ch 453, §7; SDC Supp […]
46A-2-13. Coordination of water resources project activities. The Board of Water and Natural Resources shall coordinate all federal, state, and local water resources project activities in the state in order to assure that the optimum over-all benefits will accrue from the construction and operation of water conservation, control and beneficial use facilities and to ensure […]
46A-2-14. Acquisition and disposition of property necessary for water resources projects–Use by local project sponsors. The Board of Water and Natural Resources may acquire, under the provisions of this chapter and chapters 46A-3A to 46A-3E, inclusive, by purchase or lease, all real and other property as may be necessary for the construction, maintenance, and operation […]
46A-2-15. Powers of district with respect to project owned and operated by district or regulated public water utility. The district may, with respect to any project owned and operated by the district or a regulated public water utility: (1)Establish and fix the rate or rates to be charged by the project owner for the furnishing […]
46A-2-16. Leverage lease agreements by board–District as lender and lessee–Sublease of equipment. The Board of Water and Natural Resources may become a party to a leverage lease agreement whereby the district loans up to eighty percent of the cost of construction and equipment for a water development project sponsored by or built for a political […]
46A-2-17. Eminent domain–Exercise of power by board. The Board of Water and Natural Resources may exercise the power of eminent domain as provided by law only when necessary for the purposes of acquiring and securing any right, title, interest, estate, or easement necessary to carry out the duties imposed by this chapter, which the district […]
46A-2-18. Acquisition of water rights by district–Rights to appropriate water for energy industry use. The district may acquire by appropriation, or by purchase, exchange, or gift, such water rights as are necessary for the development of its water resource projects, including projects for which it has secured authority to execute financing agreements pursuant to §46A-1-49. […]
46A-2-19. Transfer of water rights or permits to appropriate water for energy industry use–Contract provisions. The district may sell, grant, convey, assign, lease, or otherwise transfer perfected water rights or permits to appropriate water for energy industry use to energy industry users for such consideration and under such terms and conditions as are fixed by […]
46A-2-2. Purposes for which district created. The limited supply of, and increasing demand for water available within this state and the United States for agricultural and other beneficial uses and the more effective development and utilization of the land and water resources of this state makes necessary the fullest use of waters available to South […]
46A-2-20. Resource development works, construction, operation and maintenance–Exercising powers in water development districts. The Board of Water and Natural Resources may construct, operate, and maintain water resources development works not within a water development district and may become a party to agreements or contracts with federal agencies, public entities, local groups, or persons covering construction, […]
46A-2-21. Interim financing–Eminent domain power–Limitation. The district, may, notwithstanding §46A-2-20, exercise the power of eminent domain as provided by law if necessary for the purposes of acquiring and securing any right, title, interest, estate, or easement necessary for any project for which the district has entered into a financing arrangement under §46A-1-18, which cannot be […]
46A-2-22. Contract for payment of services or performance of work–Board as party–Amount limited to annual appropriation. The Board of Water and Natural Resources may become a party to long or short-term contracts as principal or guarantor for payment for such services or for performance of construction, operation, or maintenance work as is deemed beneficial or […]
46A-2-23. Construction of water facilities–Prior approval of water resources project plans. The Board of Water and Natural Resources may require approval of water resources project plans prior to construction of conservation, control, or beneficial use of water facilities. Source: SL 1959, ch 453, §9; SDC Supp 1960, §61.1409 (1); SDCL, §46-17-21.
46A-2-24. Cooperation with other agencies in development of water resources projects. The Board of Water and Natural Resources may cooperate with and assist any or all federal agencies, public entities, and persons engaged in studying, investigating, planning, or otherwise considering the possibilities in the development of water resources projects for conservation, control, and beneficial use […]
46A-2-25. Acceptance of assistance to aid and promote water resources projects. The Board of Water and Natural Resources may accept funds, property, and services or other assistance, financial or otherwise, from federal, state, and other public sources for the purpose of aiding and promoting the construction, maintenance, and operation of any water resource project. Source: […]
46A-2-26. Cooperation and performance of obligations entered into with United States for water resources projects. The Board of Water and Natural Resources may cooperate with and may furnish assurances of cooperation and act as principal and guarantor or either to enter into a contract with the United States of America, with public entities of South […]
46A-2-28. Federal contracts for multi-purpose projects–Mandatory contract terms. No conservancy district, water development district, irrigation district, or other political subdivision may enter into a contract with the federal government for construction, management, or maintenance of an irrigation or other multi-purpose water project, unless the contract contains provisions to effectuate the following requirements: (1)That the state […]
46A-2-29. Federal contracts for multi-purpose projects–Approval of contract provisions. No contract affected by §46A-2-28 is valid unless the provisions of that contract have been approved by the Board of Water and Natural Resources. Source: SL 1980, ch 307, §2; SDCL Supp, §46-17-24.3.
