South Dakota Codified Laws
Chapter 01 - State Water Resources Management
Section 46A-1-63 - Energy industry use funds deposit--Deposit of funds recovered through lawsuit or settlement.

46A-1-63. Energy industry use funds deposit--Deposit of funds recovered through lawsuit or settlement.
Funds accruing to the district under contract or instrument of conveyance for energy industry use under §46A-2-19, received under §46A-2-25 or any other source unless otherwise provided by law, shall be deposited in the South Dakota water and environment fund established by §46A-1-60. Funds, including damages, interest, costs, and fees, recovered as a result of any lawsuit or settlement involving a contract or instrument of conveyance for energy industry use in which the conservancy district was party, shall be deposited in the water and environment program, except that any attorney fees and costs associated with the lawsuit or settlement shall be deposited in the fund created pursuant to §1-11-6.1.

Source: SL 1981 (2d SS), ch 3, §1; SL 1982, ch 28, §15; SDCL Supp, §46-17A-53.1; SL 1985, ch 354, §2; SL 1989, ch 385, §25A; SL 1992, ch 254, §8.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 46A - Water Management

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-1-7 - Establishment of state policy on water facilities--Recommended comments on federal policy.

Section 46A-1-8 - Resolution of conflicting interests.

Section 46A-1-10 - Recommendations to Governor and Legislature as to facilities needed in water resources management system.

Section 46A-1-11 - Estimates of costs and revenues from proposed water facilities--Requests for legislative authorization of construction.

Section 46A-1-12 - Allocation of benefits and costs among governmental and private interests--Determination of priorities.

Section 46A-1-13 - Presentation of cost data to Governor and Legislature--Requests for financing authorization.

Section 46A-1-13.2 - Authorization of Belle Fourche irrigation rehabilitation project--Financial assistance limited.

Section 46A-1-13.4 - Authorization of Mni Wiconi rural system--Loans--Accrual of interest.

Section 46A-1-13.6 - Authorization of Lake Andes-Wagner/Marty II Irrigation Project--Research demonstration project required--Loans authorized--Indian lands exempted from payments.

Section 46A-1-13.7 - Sioux Falls Flood Control Project authorized.

Section 46A-1-13.8 - Black Hills Water Management Project and Black Hills Hydrology Study 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-1-17 - Borrowing on interim notes--Expenses paid and loans made from proceeds--Issuance of notes.

Section 46A-1-18 - Loan of interim note proceeds to public entity or person for project that state or federal agency is committed to finance--Notes issued prior to financing arrangement.

Section 46A-1-19 - Interim financing--Proper authority required.

Section 46A-1-20 - Interim financing--Independent review of feasibility of project.

Section 46A-1-21 - Interim financing--Proceeds pledged as security--Assignment to district of rights to proceeds.

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-1-29 - Plan for project financing to be submitted to Legislature--Authorization for bond issuance--Amount of bonds.

Section 46A-1-30 - Purposes for bond issuance.

Section 46A-1-31 - Bond issuance to finance or refinance statewide water plan projects--Bond issuance to purchase or finance loans by United States Department of Agriculture or to fund revolving fund programs under Clean Water Act or Safe Drinking Wa...

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-1-44 - Validity of bonds not dependent upon signing officers remaining in office or regularity of proceedings.

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-1-50 - Financing agreements--Provisions to provide for and secure repayment of bonds and loan.

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-1-57 - Sale of refunding bonds for matured obligations--Application of proceeds--Cancellation of instruments paid.

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-1-60.1 - Water pollution control revolving fund program and state drinking water revolving fund program established--Program subfunds created--Deposits into subfunds and use thereof.

Section 46A-1-60.2 - Disbursements from and administration of water pollution control revolving fund program and state drinking water revolving fund program--Sections 46A-1-61 to 46A-1-69 inapplicable.

Section 46A-1-60.3 - Rules for selection of projects to receive funds from water pollution control revolving fund program and state drinking water revolving fund program and administration of same.

Section 46A-1-61 - Authorization required for disbursements from fund--Form of appropriation from fund--Limit on grants.

Section 46A-1-62 - Disbursements from capital projects fund.

Section 46A-1-63 - Energy industry use funds deposit--Deposit of funds recovered through lawsuit or settlement.

Section 46A-1-63.1 - Consolidated water facilities construction program--Disbursements.

Section 46A-1-64 - Limit on loans or grants to projects in water facilities plan--Security for loans.

Section 46A-1-65 - Criteria for selection of projects to receive loans or grants--Regulation of loans or grants.

Section 46A-1-66 - Interest on loans.

Section 46A-1-67 - Term of loans--Capitalization and refinancing of loans for purposes other than construction.

Section 46A-1-67.1 - Repayment of loan may be deferred until execution of contract for project construction.

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-1-71 - Legislative findings regarding need for program of statewide water development and financing.

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-1-78 - Moratorium on Oahe project construction as public policy of state--Study of alternate projects--Negotiation of settlement for land losses.

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-1-83.2 - Expenditure of fees deposited in environment and water resources trust fund--Access to fund--Appropriation.

Section 46A-1-84 - Adoption of rules to award financial assistance to sponsors of solid waste management projects--Purpose and preference of awards.

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-1-95 - Clean lakes program, nonpoint source program, water quality monitoring program, and wetland grant program established.

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-1-98 - Confidentiality of trade secrets or commercial or financial information received by board or department.

Section 46A-1-99 - Additional financial assistance for solid waste management and recycling facilities.

Section 46A-1-100 - Definition of terms.

Section 46A-1-101 - State brownfields revitalization and economic development program established--Subfunds created--Deposit and use of money.

Section 46A-1-102 - Disbursement and administration of money from subfunds--Rules--Application of provisions.

Section 46A-1-103 - Promulgation of rules by board--Content.

Section 46A-1-104 - Continuous appropriation of brownfields revitalization and economic development program subfunds--Purpose.

Section 46A-1-105 - Establishment of brownfields program by eligible entity.

Section 46A-1-106 - Powers of eligible entity establishing brownfields program.