South Dakota Codified Laws
Chapter 02 - South Dakota Conservancy District
Section 46A-2-38 - Areas outside development districts.

46A-2-38. Areas outside development districts.
For benefit of areas of the state not included within one or more water development districts, the Board of Water and Natural Resources, in performing its statewide water planning function pursuant to subdivision 46A-2-2(8), shall provide adequate opportunity for expression of the preferences of local people through public hearings. In establishing the statewide water plan and in allocation of funds available to the district, the board may grant no preference to an entity because of its location within a water development district.

Source: SL 1984 (SS), ch 1, ยง63.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 46A - Water Management

Chapter 02 - South Dakota Conservancy District

Section 46A-2-1 - Creation of South Dakota Conservancy District--Boundaries--Powers.

Section 46A-2-2 - Purposes for which district created.

Section 46A-2-3 - Intent to relate financing of water resources projects to degree of benefits received.

Section 46A-2-4 - Definition of terms.

Section 46A-2-5 - Board of directors abolished--Performance of functions.

Section 46A-2-6 - Offices of district.

Section 46A-2-7 - Quorum of board--Actions on notes or bonds.

Section 46A-2-8 - Rules--Delegation of authority by board.

Section 46A-2-11 - Board may sue and be sued.

Section 46A-2-12 - Legal adviser of board--Cooperation of state agencies at request of board.

Section 46A-2-13 - Coordination of water resources project activities.

Section 46A-2-14 - Acquisition and disposition of property necessary for water resources projects--Use by local project sponsors.

Section 46A-2-15 - Powers of district with respect to project owned and operated by district or regulated public water utility.

Section 46A-2-16 - Leverage lease agreements by board--District as lender and lessee--Sublease of equipment.

Section 46A-2-17 - Eminent domain--Exercise of power by board.

Section 46A-2-18 - Acquisition of water rights by district--Rights to appropriate water for energy industry use.

Section 46A-2-19 - Transfer of water rights or permits to appropriate water for energy industry use--Contract provisions.

Section 46A-2-20 - Resource development works, construction, operation and maintenance--Exercising powers in water development districts.

Section 46A-2-21 - Interim financing--Eminent domain power--Limitation.

Section 46A-2-22 - Contract for payment of services or performance of work--Board as party--Amount limited to annual appropriation.

Section 46A-2-23 - Construction of water facilities--Prior approval of water resources project plans.

Section 46A-2-24 - Cooperation with other agencies in development of water resources projects.

Section 46A-2-25 - Acceptance of assistance to aid and promote water resources projects.

Section 46A-2-26 - Cooperation and performance of obligations entered into with United States for water resources projects.

Section 46A-2-28 - Federal contracts for multi-purpose projects--Mandatory contract terms.

Section 46A-2-29 - Federal contracts for multi-purpose projects--Approval of contract provisions.

Section 46A-2-30 - Federal loans contracted by district.

Section 46A-2-31 - Contracts with United States for marketing federal water service--State interests not prejudiced--Purpose--Recommendation to Legislature.

Section 46A-2-34 - Generation and sale of hydroelectric power authorized.

Section 46A-2-35 - Appropriations to accomplish duties of district--Request to state Legislature.

Section 46A-2-36 - Powers granted to district and water development districts--Construction.

Section 46A-2-37 - Construction of conservancy district law--Supplementary to laws governing water management board--Laws relating to irrigation, conservancy, drainage, soil conservation, or watershed districts unaffected.

Section 46A-2-38 - Areas outside development districts.