South Dakota Codified Laws
Chapter 02 - South Dakota Conservancy District
Section 46A-2-28 - Federal contracts for multi-purpose projects--Mandatory contract terms.

46A-2-28. Federal contracts for multi-purpose projects--Mandatory contract terms.
No conservancy district, water development district, irrigation district, or other political subdivision may enter into a contract with the federal government for construction, management, or maintenance of an irrigation or other multi-purpose water project, unless the contract contains provisions to effectuate the following requirements:
(1)That the state and local contracting entity shall assist in identifying lands to be purchased or used for project features;
(2)That state and local contracting entity representatives shall accompany federal representatives during land acquisition negotiations in order to protect state and local interests;
(3)That land owners directly affected by water diversion and other project features be given preference for water use within the purposes for which the project was designed and authorized;
(4)That the state and the local contracting entity shall be involved early in all federal project planning to assure that project features are designed in such a manner as to minimize the need for wildlife mitigation and land acquisition; and
(5)That wildlife benefits of project features shall be considered in determining overall project impact on wildlife.

Source: SL 1980, ch 307, §1; SDCL Supp, §46-17-24.2; SL 1984 (SS), ch 1, §64.

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