46A-1-13.6. Authorization of Lake Andes-Wagner/Marty II Irrigation Project--Research demonstration project required--Loans authorized--Indian lands exempted from payments.
Pursuant to §§46A-1-11 to 46A-1-13, inclusive, construction of a one hundred seventy-five million dollar Lake Andes-Wagner Irrigation Project, as generally described in the report "Planning Report/Environmental Statement" dated September 1985 and a twenty-four million dollar Marty II Irrigation Project as generally described in the report "Planning Report and Environmental Assessment" dated January 1990 is hereby authorized for the purpose of stabilizing crop and forage production in south central South Dakota to offset the effects of drought conditions which naturally devastate South Dakota's economic viability.
Prior to construction of the authorized Lake Andes-Wagner/Marty II Irrigation Project the Legislature finds it necessary and prudent to develop accurate and quantitative means of addressing the reliable drainage requirements with respect to glacial till soils and to develop sound management practices that are beneficial to all irrigation in South Dakota. This phase of the project shall hereby be referred to as the Lake Andes-Wagner/Marty II Research Demonstration Program and shall conclude when the Legislature and the United States Congress accept a final report.
The Board of Water and Natural Resources may provide loans under the State Water Management Resources System revolving loan program in amounts not to exceed a total of seven million dollars to the Lake Andes-Wagner/Marty II Irrigation Project to provide the nonfederal requirements for the federally authorized project. No disbursements may be made under the loans authorized by this section unless funds are appropriated by the Legislature in conformance with §46A-1-61.
Indian lands shall be exempted from any payments due to the State of South Dakota. Notwithstanding the provisions of §46A-1-66, no interest may accrue until the Board of Water and Natural Resources certifies the completion of the construction of the project as authorized. The initial loan repayment shall be due and payable one year following the certification of construction completion. Loan terms and conditions shall be set by the Board of Water and Natural Resources.
The loans 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 October 1, 1989, as indicated by engineering costs indices applicable for the type of construction involved.
Source: SL 1992, ch 254, §14.
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.