46A-2-4. Definition of terms.
Terms used in this chapter and chapters 46A-3A to 46A-3E, inclusive, mean:
(1)"Benefits," the favorable effects, tangible or intangible, that accrue or are estimated to accrue to any person or the public by establishment of water resources projects;
(2)"Board," the governing board of the South Dakota Conservancy District which is the Board of Water and Natural Resources;
(3)"Department," the Department of Agriculture and Natural Resources;
(4)"Equalized assessed valuation," the sum of:
(a)The value derived by dividing the full and true value as certified to the county of all property within that county, included in the water development district, by the median agricultural and nonagricultural ratios for all sales in that county as published in the current annual report of the property tax division of the South Dakota Department of Revenue as required pursuant to §10-11-60; and
(b)The full and true value of all centrally assessed utility property within that county included in the water development district;
(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)"Person," any natural person, firm, partnership, limited liability company, association, or corporation but not a public body or political subdivision;
(7)"Public entity," a county, township, municipality, political or administrative subdivision of state government, subdistrict, irrigation district, water user district, watershed district, drainage district, soil conservation district, or other public body recognized by state law;
(8)"Public hearings" or "hearings," formally scheduled and conducted meetings for purposes of determining courses of action concerning district or water development district business;
(9)"South Dakota Conservancy District" or "district," the public corporate entity established by this chapter;
(10)"Taxable property in the water development district," the sum of the taxable valuations of all property included in the water development district as variously established by the respective counties pursuant to §10-11-25;
(11)"Total water development district equalized assessed valuation," the sum of the equalized assessed valuations of all the counties or portions of counties within the water development district;
(12)"Water development district" or "(Name) Water Development District," a subdivision of the district established as provided in chapters 46A-3A to 46A-3E, inclusive, for the purpose of planning and coordinating water resources development activity and providing financial and other assistance to water resources projects or development;
(13)"Water development district board of directors" or "water development district board," the governing officials who exercise the corporate powers of a water development district;
(14)"Water resources projects" or "water resources development," contracts for the marketing of water service or the facilities by which water is controlled, regulated, reclaimed, or made available for use, or the quality of which is protected and improved, including any wells, reservoirs, dams, water reclamation facilities, wastewater treatment facilities, intake structures, pumping stations, equipment, rights-of-way or easements, works or facilities, land and buildings or other real or personal property intended either to generate or sell hydroelectric power from projects which may include provisions for irrigation, municipal, rural, or industrial water supplies or to control, regulate, drain, reclaim, dispose of, pump, store, treat, purify, distribute, deliver, put into aquifers or water courses, or otherwise make available water for any beneficial use. The term includes the studies, investigations, plans, construction, operation, or maintenance associated with the facilities, and debt service reserve funds, funds to provide capitalized interest and any costs incurred in connection with the issuance of obligations to finance any of the foregoing.
Source: SL 1959, ch 453, §4; SDC Supp 1960, §61.1404; SDCL §46-17-3; SL 1972, ch 240, §2; SL 1977, ch 371, §1; SL 1979, ch 301, §1; SL 1980, ch 306, §1; SL 1980, ch 310, §1; SL 1982, ch 313, §2; SL 1983, ch 322, §§1 to 3; SL 1984, ch 289; SL 1984 (SS), ch 1, §61; SL 1994, ch 351, §112; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2005, ch 10, §39; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
Structure South Dakota Codified Laws
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-2-4 - 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-2-17 - Eminent domain--Exercise of power by board.
Section 46A-2-21 - Interim financing--Eminent domain power--Limitation.
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-2-28 - 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-2-34 - 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.