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CHAPTER 46A-1

STATE WATER RESOURCES MANAGEMENT

46A-1-1      Legislative findings and policy.
46A-1-2      Legislative purpose for state water plan--Composition of plan.
46A-1-2.1      Legislative finding--Preferred, priority objectives.
46A-1-2.2      Repealed.
46A-1-2.3      Previous designations of projects superseded.
46A-1-2.4      Executed.
46A-1-2.5      Executed.
46A-1-2.6      Executed.
46A-1-2.7      Executed.
46A-1-2.8      Executed.
46A-1-2.9      Executed.
46A-1-2.10      Executed.
46A-1-2.11      Executed.
46A-1-2.12      Executed.
46A-1-2.13      Executed.
46A-1-2.14      Executed.
46A-1-3      Definition of terms.
46A-1-4      Water rights not affected by chapter.
46A-1-5      Repealed.
46A-1-6      Omitted.
46A-1-7      Establishment of state policy on water facilities--Recommended comments on federal policy.
46A-1-8      Resolution of conflicting interests.
46A-1-9      Repealed.
46A-1-10      Recommendations to Governor and Legislature as to facilities needed in water resources management system.
46A-1-11      Estimates of costs and revenues from proposed water facilities--Requests for legislative authorization of construction.
46A-1-12      Allocation of benefits and costs among governmental and private interests--Determination of priorities.
46A-1-13      Presentation of cost data to Governor and Legislature--Requests for financing authorization.
46A-1-13.1      Repealed.
46A-1-13.2      Authorization of Belle Fourche irrigation rehabilitation project--Financial assistance limited.
46A-1-13.3      Repealed.
46A-1-13.4      Authorization of Mni Wiconi rural system--Loans--Accrual of interest.
46A-1-13.5      Repealed.
46A-1-13.6      Authorization of Lake Andes-Wagner/Marty II Irrigation Project--Research demonstration project required--Loans authorized--Indian lands exempted from payments.
46A-1-13.7      Sioux Falls Flood Control Project authorized.
46A-1-13.8      Black Hills Water Management Project and Black Hills Hydrology Study authorized.
46A-1-13.9      Repealed.
46A-1-13.10      Lewis and Clark Rural Water System authorized.
46A-1-13.11      Southern Black Hills Water System authorized.


46A-1-13.12      Belle Fourche irrigation upgrade project authorized.
46A-1-14      Annual report of activities of board--Contents.
46A-1-15      Consideration of wild, scenic, and recreational rivers.
46A-1-16      Repealed.
46A-1-17      Borrowing on interim notes--Expenses paid and loans made from proceeds--Issuance of notes.
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.
46A-1-19      Interim financing--Proper authority required.
46A-1-20      Interim financing--Independent review of feasibility of project.
46A-1-21      Interim financing--Proceeds pledged as security--Assignment to district of rights to proceeds.
46A-1-22      Terms of interim notes.
46A-1-23      Security for interim notes.
46A-1-24      Additional covenants and conditions to secure interim notes.
46A-1-25      Registration of interim notes--Interest payment--Redemption prior to maturity.
46A-1-26      Execution and attestation of interim notes--Sale.
46A-1-27      Bond provisions applicable to interim financing.
46A-1-28      Payment of interim notes on issue of revenue bonds.
46A-1-29      Plan for project financing to be submitted to Legislature--Authorization for bond issuance--Amount of bonds.
46A-1-30      Purposes for bond issuance.
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 Water Act.
46A-1-32      Terms of bonds.
46A-1-33      Pledge of revenues to secure payment of bonds.
46A-1-33.1      District may contract to manage payment or interest rate risk for bonds.
46A-1-34, 46A-1-35.      Repealed.
46A-1-36      Covenant to collect revenues sufficient for retirement of bonds.
46A-1-37      Covenant against alienation or encumbrance of projects while bonds outstanding.
46A-1-38      Covenants as to management of project and accounting for funds.
46A-1-39      Trust agreements.
46A-1-40      Additional covenants to secure bonds or make them more marketable.
46A-1-41      State general obligation not to be created.
46A-1-42      Bonds not a state obligation--Payment restricted to revenues.
46A-1-43      Recording not required for bond protection.
46A-1-44      Validity of bonds not dependent upon signing officers remaining in office or regularity of proceedings.
46A-1-45      Sale of bonds--Procedure and price.
46A-1-46      Negotiability of bonds.
46A-1-47      Bonds as legal investments for fiduciaries and financial institutions.
46A-1-48      Bond and note proceeds--Payment into state treasury not required.
46A-1-49      Financing agreements to lend bond proceeds--Board resolution.
46A-1-50      Financing agreements--Provisions to provide for and secure repayment of bonds and loan.
46A-1-51      Financing agreements--Proper authority required.
46A-1-52      Financing agreements--Independent review of feasibility of project.
46A-1-53      Agreement as to custody and disposition of moneys.
46A-1-54      Remedies of bondholders.
46A-1-55      Persons executing district notes or bonds not subject to personal liability.
46A-1-56      Refunding bonds authorized for matured obligations.
46A-1-57      Sale of refunding bonds for matured obligations--Application of proceeds--Cancellation of instruments paid.
46A-1-58      Refunding bonds authorized for unmatured obligations.
46A-1-59      Sale of refunding bonds for unmatured obligations--Use of proceeds.
46A-1-60      Water and environment fund--Establishment--Moneys in fund.
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.
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.
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.
46A-1-60.4, 46A-1-60.5.      Executed.
46A-1-61      Authorization required for disbursements from fund--Form of appropriation from fund--Limit on grants.
46A-1-62      Disbursements from capital projects fund.
46A-1-63      Energy industry use funds deposit--Deposit of funds recovered through lawsuit or settlement.
46A-1-63.1      Consolidated water facilities construction program--Disbursements.
46A-1-63.2, 46A-1-63.3.      Expired.
46A-1-64      Limit on loans or grants to projects in water facilities plan--Security for loans.
46A-1-65      Criteria for selection of projects to receive loans or grants--Regulation of loans or grants.
46A-1-66      Interest on loans.
46A-1-67      Term of loans--Capitalization and refinancing of loans for purposes other than construction.
46A-1-67.1      Repayment of loan may be deferred until execution of contract for project construction.
46A-1-68      Loan terms set by Legislature.
46A-1-68.1      Deposit of money received from fund.
46A-1-69      Suspension of annual installment due on loan for irrigation project.
46A-1-70      Financial reporting of projects--Auditing.
46A-1-71      Legislative findings regarding need for program of statewide water development and financing.
46A-1-72      Pipeline or aqueduct construction authorized--Use of water.
46A-1-73      Financing of pipelines or aqueducts--Bonds--Loans.
46A-1-74      Repealed.
46A-1-75 to 46A-1-77.      Repealed.
46A-1-78      Moratorium on Oahe project construction as public policy of state--Study of alternate projects--Negotiation of settlement for land losses.
46A-1-79      Transferred.
46A-1-80      Repealed.
46A-1-80.1      Ownership of dredges and money transferred to South Dakota Lakes and Streams Association--Reversion.
46A-1-81      Amount of funds required for dredge maintenance and repair and other expenses.
46A-1-82      Environment and water resources trust fund established--Subfund.
46A-1-82.1      Repealed.
46A-1-83      State solid waste management program established.
46A-1-83.1      Repealed.
46A-1-83.2      Expenditure of fees deposited in environment and water resources trust fund--Access to fund--Appropriation.
46A-1-83.3      Executed.
46A-1-84      Adoption of rules to award financial assistance to sponsors of solid waste management projects--Purpose and preference of awards.
46A-1-85, 46A-1-85.1. Repealed.
46A-1-86      Obsolete.
46A-1-87      Repealed.
46A-1-88      Conversion of study loans to grants.
46A-1-89      Repealed.
46A-1-90      Repealed.
46A-1-91      Financial assistance for recycling and processing facilities for waste tires.
46A-1-92      Legislative findings and authorization of certain water development projects.
46A-1-93      Priority in administration of funds.
46A-1-94      Perkins County rural water system.
46A-1-95      Clean lakes program, nonpoint source program, water quality monitoring program, and wetland grant program established.
46A-1-96      Special purpose water district loan program established--Funding.
46A-1-97      Board authorized to contract for financial services.
46A-1-98      Confidentiality of trade secrets or commercial or financial information received by board or department.
46A-1-99      Additional financial assistance for solid waste management and recycling facilities.
46A-1-100      Definition of terms.
46A-1-101      State brownfields revitalization and economic development program established--Subfunds created--Deposit and use of money.
46A-1-102      Disbursement and administration of money from subfunds--Rules--Application of provisions.
46A-1-103      Promulgation of rules by board--Content.
46A-1-104      Continuous appropriation of brownfields revitalization and economic development program subfunds--Purpose.
46A-1-105      Establishment of brownfields program by eligible entity.
46A-1-106      Powers of eligible entity establishing brownfields program.


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