46-2-23. Establishment of well rehabilitation and plugging subfund--Source of subfund--Expenditures--Unexpended funds--Uses of fund.
There is hereby established in the state treasury a subfund of the water and environment fund to be designated as the South Dakota well rehabilitation and plugging subfund. This subfund shall consist of all moneys, including legislative appropriations; interest on the well rehabilitation and plugging subfund; and, notwithstanding the provisions of §34A-12-15, all money collected by the department in the enforcement of the provisions of Title 46, chapter 34A-2A, or in any other action, proceeding or settlement based upon violation of the state's water laws, excluding criminal proceedings for criminal fines. Expenditures from this subfund shall be appropriated through the normal budget process. Unexpended funds and interest shall remain in the subfund until appropriated by the Legislature. The Water Management Board may expend appropriated money from the well rehabilitation and plugging subfund to rehabilitate wells that were not constructed pursuant to board rules governing well construction, to rehabilitate wells that a well driller has refused to correct or to plug abandoned wells or uncontrolled flowing wells.
Source: SL 1992, ch 254, §79.
Structure South Dakota Codified Laws
Chapter 02 - Water Management Board And Chief Engineer
Section 46-2-3 - Chief engineer--Employment--Advice to board.
Section 46-2-3.1 - Delegation of authority to chief engineer--Restrictions.
Section 46-2-4 - Attorneys to advise board--Employment of other counsel.
Section 46-2-4.1 - Attorneys to advise chief engineer.
Section 46-2-5 - Rules to establish procedures and practices of board.
Section 46-2-7.1 - Minutes and records of board actions.
Section 46-2-9 - Powers, functions, and duties of board.
Section 46-2-11 - Regulatory authority of board.
Section 46-2-14 - Experimental and observation stations.
Section 46-2-17 - Chief engineer's general enforcement authority.
Section 46-2-18 - Chief engineer's authority to order discontinuance of water use.
Section 46-2-19 - Chief engineer's authority to enter property.
Section 46-2-20 - Cooperation with United States agencies.
Section 46-2-21 - County appropriations for geologic or groundwater studies.
Section 46-2-22 - Enforcement dry-draw dam domestic use limitations restricted.
Section 46-2-23 - Establishment of well rehabilitation and plugging subfund--Source of subfund--Expenditures--Unexpended funds--Uses of fund.