46A-1-13.10. Lewis and Clark Rural Water System authorized.
Pursuant to §§46A-1-11 to 46A-1-13, inclusive, construction of the South Dakota project features of a two hundred seventy-two million eight hundred thousand dollar Lewis and Clark Rural Water System as generally described in the report "Feasibility Level Evaluation of a Missouri River Regional Water Supply for South Dakota, Iowa and Minnesota" dated September 1993, is hereby authorized for the purposes of providing safe and adequate municipal, rural and industrial water supplies as well as mitigation of wetlands and water conservation in the counties of Union, Clay, Lincoln, Turner, Minnehaha, McCook, and Lake.
There is hereby authorized state grants in the amount of nineteen million six hundred eighty-five thousand dollars ($19,685,000), or so much thereof as may be necessary, to provide the State of South Dakota's portion of the nonfederal matching requirement for the Lewis and Clark Rural Water System. No disbursements may be made under the grant authorized by this section unless funds are appropriated by the Legislature. Grant terms and conditions shall be set by the Board of Water and Natural Resources.
The grant authorized by this section may be increased or decreased by such amounts as may be justified by reason of ordinary fluctuations in development costs incurred after September 1993, as indicated by engineering costs indices applicable for the type of construction involved.
For purposes of §1.103-1 of the federal income tax regulations, Lewis and Clark Rural Water System, Inc. is hereby recognized as a corporation authorized to act on behalf of its members, including its South Dakota member governmental units, to provide drinking water to their communities, and to issue debt obligations in its own name on behalf of some or all of its members. However, no South Dakota member governmental unit is liable for the payment of principal of or interest on such obligations.
Source: SL 1993, ch 48, §41; SL 2001, ch 242, §6; SL 2003, ch 233, §2; SL 2007, ch 256, §2, eff. Feb. 28, 2007; SL 2008, ch 235, §2, eff. Feb. 27, 2008.
Structure South Dakota Codified Laws
Chapter 01 - State Water Resources Management
Section 46A-1-1 - Legislative findings and policy.
Section 46A-1-2 - Legislative purpose for state water plan--Composition of plan.
Section 46A-1-2.1 - Legislative finding--Preferred, priority objectives.
Section 46A-1-3 - Definition of terms.
Section 46A-1-4 - Water rights not affected by chapter.
Section 46A-1-8 - Resolution of conflicting interests.
Section 46A-1-13.4 - Authorization of Mni Wiconi rural system--Loans--Accrual of interest.
Section 46A-1-13.7 - Sioux Falls Flood Control Project authorized.
Section 46A-1-13.10 - Lewis and Clark Rural Water System authorized.
Section 46A-1-13.11 - Southern Black Hills Water System authorized.
Section 46A-1-13.12 - Belle Fourche irrigation upgrade project authorized.
Section 46A-1-14 - Annual report of activities of board--Contents.
Section 46A-1-15 - Consideration of wild, scenic, and recreational rivers.
Section 46A-1-19 - Interim financing--Proper authority required.
Section 46A-1-20 - Interim financing--Independent review of feasibility of project.
Section 46A-1-22 - Terms of interim notes.
Section 46A-1-23 - Security for interim notes.
Section 46A-1-24 - Additional covenants and conditions to secure interim notes.
Section 46A-1-25 - Registration of interim notes--Interest payment--Redemption prior to maturity.
Section 46A-1-26 - Execution and attestation of interim notes--Sale.
Section 46A-1-27 - Bond provisions applicable to interim financing.
Section 46A-1-28 - Payment of interim notes on issue of revenue bonds.
Section 46A-1-30 - Purposes for bond issuance.
Section 46A-1-32 - Terms of bonds.
Section 46A-1-33 - Pledge of revenues to secure payment of bonds.
Section 46A-1-33.1 - District may contract to manage payment or interest rate risk for bonds.
Section 46A-1-36 - Covenant to collect revenues sufficient for retirement of bonds.
Section 46A-1-37 - Covenant against alienation or encumbrance of projects while bonds outstanding.
Section 46A-1-38 - Covenants as to management of project and accounting for funds.
Section 46A-1-39 - Trust agreements.
Section 46A-1-40 - Additional covenants to secure bonds or make them more marketable.
Section 46A-1-41 - State general obligation not to be created.
Section 46A-1-42 - Bonds not a state obligation--Payment restricted to revenues.
Section 46A-1-43 - Recording not required for bond protection.
Section 46A-1-45 - Sale of bonds--Procedure and price.
Section 46A-1-46 - Negotiability of bonds.
Section 46A-1-47 - Bonds as legal investments for fiduciaries and financial institutions.
Section 46A-1-48 - Bond and note proceeds--Payment into state treasury not required.
Section 46A-1-49 - Financing agreements to lend bond proceeds--Board resolution.
Section 46A-1-51 - Financing agreements--Proper authority required.
Section 46A-1-52 - Financing agreements--Independent review of feasibility of project.
Section 46A-1-53 - Agreement as to custody and disposition of moneys.
Section 46A-1-54 - Remedies of bondholders.
Section 46A-1-55 - Persons executing district notes or bonds not subject to personal liability.
Section 46A-1-56 - Refunding bonds authorized for matured obligations.
Section 46A-1-58 - Refunding bonds authorized for unmatured obligations.
Section 46A-1-59 - Sale of refunding bonds for unmatured obligations--Use of proceeds.
Section 46A-1-60 - Water and environment fund--Establishment--Moneys in fund.
Section 46A-1-62 - Disbursements from capital projects fund.
Section 46A-1-63.1 - Consolidated water facilities construction program--Disbursements.
Section 46A-1-66 - Interest on loans.
Section 46A-1-68 - Loan terms set by Legislature.
Section 46A-1-68.1 - Deposit of money received from fund.
Section 46A-1-69 - Suspension of annual installment due on loan for irrigation project.
Section 46A-1-70 - Financial reporting of projects--Auditing.
Section 46A-1-72 - Pipeline or aqueduct construction authorized--Use of water.
Section 46A-1-73 - Financing of pipelines or aqueducts--Bonds--Loans.
Section 46A-1-81 - Amount of funds required for dredge maintenance and repair and other expenses.
Section 46A-1-82 - Environment and water resources trust fund established--Subfund.
Section 46A-1-83 - State solid waste management program established.
Section 46A-1-88 - Conversion of study loans to grants.
Section 46A-1-91 - Financial assistance for recycling and processing facilities for waste tires.
Section 46A-1-92 - Legislative findings and authorization of certain water development projects.
Section 46A-1-93 - Priority in administration of funds.
Section 46A-1-94 - Perkins County rural water system.
Section 46A-1-96 - Special purpose water district loan program established--Funding.
Section 46A-1-97 - Board authorized to contract for financial services.
Section 46A-1-100 - Definition of terms.
Section 46A-1-103 - Promulgation of rules by board--Content.
Section 46A-1-105 - Establishment of brownfields program by eligible entity.
Section 46A-1-106 - Powers of eligible entity establishing brownfields program.