46A-1-3. Definition of terms.
Terms as used in this chapter, unless the context otherwise requires, shall mean:
(1)"Basis point," one hundredth of one percent of interest;
(2)"Board," the Board of Water and Natural Resources created by §1-41-11;
(3)"District," the South Dakota Conservancy District;
(4)"Facilities" or "state water facilities," all water facilities included or being studied or recommended for inclusion within the comprehensive statewide water plan or state water resources management system;
(5)"Facilities plan" or "state water facilities plan," those parts of the statewide water plan established by the Board of Water and Natural Resources;
(6)"Free flowing," as applied to any river, existing or flowing in a natural condition without impoundment, diversion, straightening, rip-rapping, or other modification of the waterway;
(7)"Fund," the South Dakota water and environment fund;
(8)"Person," a person as that term is defined in subdivision 46A-2-4(6);
(9)"Plan" or "water plan" or "statewide water plan" or "comprehensive statewide water plan," plans developed or to be developed by the South Dakota Conservancy District as provided by this chapter;
(10)"Project," a water resources project as that term is defined in subdivision 46A-2-4(14);
(11)"Public entity," a public entity as that term is defined in subdivision 46A-2-4(7);
(12)"Recreational river areas," those rivers or sections of rivers that are readily accessible by road, that may have some development along their shorelines and that may have undergone some impoundment or diversion in the past, and the public areas adjacent to the rivers or sections of rivers;
(13)"Regulated public water utility," a public entity or person with which the district has entered into a financing arrangement pursuant to §46A-1-18 or a financing agreement pursuant to §46A-1-49, with respect to a project;
(14)"River," a flowing body of water or estuary or a section, portion, or tributary thereof, including rivers, streams, creeks, runs, and small lakes, provided that no flowing body of water shall be considered a "wild, scenic, or recreational river" unless it has a sufficient quantity of water to support a year-round game fish population;
(15)"Scenic river areas," those rivers or sections of rivers that are free of impoundments, with shorelines or watersheds still largely primitive but which are accessible in places by roads, and the public use and access areas adjacent to the rivers or sections of rivers;
(16)"System" or "state water resources management system," those parts of the statewide water plan established by the Legislature as a needed objective for water resources management in South Dakota and for which the Legislature may authorize construction and financing in whole or in part;
(17)"Wild river area," those rivers or sections of rivers that are free of impoundments and generally inaccessible except by trail, with watersheds or shorelines essentially primitive and with waters which are unpolluted, and the public use and access areas adjacent to the rivers or sections of rivers.
Source: SL 1972, ch 241, §5; SL 1976, ch 282, §2; SL 1979, ch 301, §2; SL 1981 (2d SS), ch 1, §6; SDCL Supp, §46-17A-3; SL 1983, ch 321, §3; SL 1992, ch 254, §8; SL 2021, ch 1 (Ex. Ord. 21-3), §14, eff. Apr. 19, 2021.
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.