CHAPTER 9-47
WATER SUPPLY SYSTEMS
9-47-1 General municipal power to construct and operate systems--Separate fund--Agreements with state and federal agencies.
9-47-2 Real property in adjoining states.
9-47-3 Emergency contract for repair or replacement on complete failure of water supply.
9-47-4 Contract for waterworks system--Maximum tax levy without approval by voters.
9-47-5 Special assessments.
9-47-6 Connections from water main to lot line--Assessment.
9-47-7 Repealed by SL 2012, ch 57, § 98.
9-47-8 Classification of water pipes and mains.
9-47-9 9-47-9, 9-47-10. Repealed by SL 2009, ch 38, § 1, 2.
9-47-11 Repealed by SL 2012, ch 57, §§ 99, 100.
9-47-13 Repealed
9-47-14 Repealed
9-47-15 Repealed
9-47-16 Repealed by SL 2012, ch 57, § 101.
9-47-17 Acquisition of water mains in newly annexed area.
9-47-18 Distance between water connections.
9-47-19 Repealed by SL 2012, ch 57, § 102.
9-47-20 Municipal artesian wells authorized.
9-47-21 Operation of irrigation system authorized--Special assessments--Election on water supply--Regulation of use of water.
9-47-22 Request for rural water system to provide water service by persons living within three miles of certain municipalities--Notification and election of municipality.
9-47-23 Election of municipality to provide service after previously declining--Requirements of purchase.
9-47-24 Election to provide service to persons being served by rural water system--Purchase of facilities.
9-47-25 Election to provide service to persons within extended areas as a result of annexation, consolidation, or incorporation.
9-47-26 Election to provide service to persons outside three-mile area.
9-47-27 Certain matters negotiable for contract between parties.
9-47-28 Connection of plumbing fixtures to public water supply system--Purchase or lease of preexisting private wells by municipalities--Exemption of first class municipalities.
9-47-29 Assessment of property for proportionate share of water line previously constructed--Apportionment among persons paying cost.
9-47-1. General municipal power to construct and operate systems--Separate fund--Agreements with state and federal agencies.
Every municipality may construct, establish, operate, and maintain a system of waterworks and facilities in connection therewith; may regulate the distribution and use of water supplied thereby; may acquire a suitable supply of water, whether within or without the municipality; may maintain dams, reservoirs, intakes, spillways, conduits, or other devices to gather and store surface, flood, or other waters within or without the municipality either as a direct source of water to the municipality or as a supply of water from which any other source of the water supply of the municipality may be replenished or restored; may advantageously dispose of, to districts, subdivisions, and areas, outside the limits of the municipality to which supply lines may extend, any municipal supply of water, including stored water, not required or used for municipal purposes and any surplus water may be disposed of to any outside district where the water is delivered into a natural watercourse for irrigation purposes; may assess, levy, and collect taxes and special assessments for such purposes; and may appropriate funds and levy taxes to accumulate funds for such purposes, as provided by this title. The accumulated funds shall be placed in a separate fund which may not revert at the end of the fiscal year. The governing body shall establish a maximum amount allowed to be accumulated in the fund. The fund shall be established by a resolution adopted pursuant to chapter 9-19. Every municipality may enter into agreements with the United States, with the state, and with any authorized agency, subdivision, or unit of government, federal or state, to carry out such purposes.
Source: PolC 1877, ch 24, § 22, subdiv 3; SL 1887, ch 105, § 1; CL 1887, § 1043, subdiv 3; CL 1887, § 1135; SL 1890, ch 37, art V, § 1, subdiv 43; SL 1901, ch 81, § 1; RPolC 1903, § 1229, subdiv 43; RPolC 1903, § 1438, subdiv 3; RPolC 1903, § 1520; SL 1905, ch 174, § 1; SL 1905, ch 175, § 1; SL 1913, ch 119, § 53, subdiv 43; SL 1913, ch 367; RC 1919, §§ 6169 (12), 6393, 6394; SL 1923, ch 231; SL 1927, ch 175; SL 1937, ch 174; SDC 1939, § 45.0201 (81); SL 1939, ch 183; SL 1941, ch 193; SL 1941, ch 194; SL 1951, ch 238; SL 1963, ch 277; SL 1974, ch 80; SL 1978, ch 68, § 1; SL 1982, ch 82, § 1; SL 1983, ch 68; SL 2016, ch 53, § 1.
9-47-2. Real property in adjoining states.
Every municipality shall have power to purchase, lease, own, and hold real property and easements therein in an adjoining state for waterworks purposes.
Source: SL 1917, ch 317; RC 1919, § 6169 (77); SDC 1939, § 45.0201 (82).
9-47-3. Emergency contract for repair or replacement on complete failure of water supply.
Wherever, in any municipality, the emergency specified in § 9-21-15 is the complete failure of the water supply of such municipality, the governing body thereof is authorized to contract for the drilling of a new well or for such repairs, replacements, and new equipment as may be necessary, privately, without advertising for bids as required by the laws of this state relating to contracts of municipalities, and to pay therefor as provided in §§ 9-21-15 and 9-21-16 as to emergencies; provided, however, that no such contract shall be executed until the governing body has adopted a resolution of necessity therefor, by unanimous vote, which resolution shall become effective immediately upon its passage and publication.
Any contract entered into as provided by this section shall be as binding, and have the same force and effect, as though the same were let in all particulars as provided by the laws of this state relating to contracts of municipalities.
Source: SL 1953, ch 269, §§ 1, 2; SDC Supp 1960, § 45.1404-1.
9-47-4. Contract for waterworks system--Maximum tax levy without approval by voters.
When the expense in connection with the waterworks system is to be raised by general taxation, no contract for construction, purchase, lease, or maintenance which shall stipulate for an annual payment greater than an annual levy of five mills on each dollar of the assessed valuation of the municipality shall be authorized until such contract shall first have been submitted to a vote of the voters of such municipality at a general or special election and ratified by a majority of those voting at such election.
Source: SL 1901, ch 81, § 1; RPolC 1903, § 1520; SL 1913, ch 367; RC 1919, § 6394; SDC 1939, § 45.1904.
9-47-5. Special assessments.
If the expense in connection with the waterworks system is raised by special assessments, the assessments shall be levied and collected in the manner provided in chapter 9-43.
Source: RC 1919, § 6394; SDC 1939, § 45.1904; SL 2012, ch 57, § 97.
9-47-6. Connections from water main to lot line--Assessment.
Every municipality shall have power to regulate and provide for the laying of water connections from the city water mains to the lot line, and to assess the cost against the abutting property owner as provided by this title.
Source: SL 1890, ch 37, art V, § 1, subdiv 13; RPolC 1903, § 1229, subdiv 13; SL 1913, ch 119, § 53, subdiv 12; RC 1919, § 6357; SDC 1939, § 45.0201 (85).
9-47-7. Repealed by SL 2012, ch 57, § 98.
9-47-8. Classification of water pipes and mains.
Water pipes or mains are classified as:
(1) A service pipe or main is one designed to supply water to the property abutting upon the particular street or way in which it is laid;
(2) A trunk pipe is one designed to supply water to the property abutting upon the street or way in which it is laid and to other pipes or mains in a defined district or portion of the municipality;
(3) A supply pipe or main is any pipe, ditch, flume, conduit, or other appliance designed to conduct a supply of water from its source to the municipality.
Source: RC 1919, §§ 6388 to 6391; SDC 1939, § 45.1901.
9-47-11, 9-47-12. Repealed by SL 2012, ch 57, §§ 99, 100.
9-47-16. Repealed by SL 2012, ch 57, § 101.
9-47-17. Acquisition of water mains in newly annexed area.
Every municipality shall have the power, within the discretion of the governing board of the municipality, to purchase, lease with purchase option, lease or otherwise acquire from the owners thereof, or condemn under provision of subdivision 9-12-1(2), any water main or mains laid in, on or under any street or alley or otherwise located in any municipality, district or subdivision outside the corporate limits of the municipality and which subdivision or district shall have been, by annexation proceedings or otherwise, annexed to the municipality.
Source: SL 1951, ch 239; SDC Supp 1960, § 45.0201 (108); SL 1974, ch 81; SL 1982, ch 83, § 1; SL 1992, ch 60, § 2.
9-47-18. Distance between water connections.
No more than one water connection shall be made for each platted lot or for each forty-four feet of frontage of unplatted ground in the residence section, and for each twenty-two feet of frontage in the business section of the municipality, except when the abutting owner requests in writing the placing of water connections at a less number of feet.
Source: SL 1913, ch 119, § 53, subdiv 12; RC 1919, § 6357; SDC 1939, § 45.1906.
9-47-19. Repealed by SL 2012, ch 57, § 102.
9-47-20. Municipal artesian wells authorized.
Every municipality shall have power to establish and maintain artesian wells.
Source: SDC 1939, § 45.0201 (105).
9-47-21. Operation of irrigation system authorized--Special assessments--Election on water supply--Regulation of use of water.
Any municipality may operate and maintain a system of irrigation within the municipality. The municipality may assess the cost of the system against abutting or benefited property in the manner provided by chapter 9-43, if a connection with an irrigation water supply system is available. If such a connection is not available, the providing of a means of a water supply for irrigation shall be first authorized at a regular or special election. The municipality may regulate the distribution and use of water supplied for irrigation.
Source: SL 1923, ch 231; SDC 1939, § 45.0201 (80); SL 2012, ch 57, § 103.
9-47-22. Request for rural water system to provide water service by persons living within three miles of certain municipalities--Notification and election of municipality.
If a rural water system is requested after July 1, 1989, to provide water service to any person who resides within three miles of a municipality owning and operating a water supply system, the rural water system shall promptly notify such municipality of such request in writing. Within sixty days from the receipt of such notice, the municipality may elect to provide water service to such person. If the municipality does not so elect, the rural water system may provide such service.
Source: SL 1989, ch 387, § 1.
9-47-23. Election of municipality to provide service after previously declining--Requirements of purchase.
If a rural water system provides service to a person whom a municipality has declined to serve, pursuant to § 9-47-22, and the municipality thereafter elects to provide water service to such person, the municipality shall first purchase the facilities of the rural water system which were required and used to provide service to such person. The purchase price shall be the present day reproduction cost, new, of the facilities being acquired, less depreciation computed on a thirty-year straight-line basis, plus an amount equal to the cost on a nonbetterment basis of constructing any necessary facilities to reintegrate the system of the rural water system after detaching the portion to be sold; plus as compensation for service rights, an annual amount, payable each year for a period of five years, equal to the sum of five percent of the gross revenues received from the sale of water service to such person during the five-year period. Gross revenues received shall be determined by applying the rate in effect by the purchased rural water system at the time of purchase.
Source: SL 1989, ch 387, § 2; SL 1994, ch 72.
9-47-24. Election to provide service to persons being served by rural water system--Purchase of facilities.
If a municipality elects to provide water service to any person who is being served by a rural water system and who resides within the boundaries of a municipality or within three miles of the municipality as the boundaries exist on July 1, 1989, the municipality shall purchase the facilities of the rural water system which were required and used to provide service to such person. The purchase price shall be as set forth in § 9-47-23.
Source: SL 1989, ch 387, § 3.
9-47-25. Election to provide service to persons within extended areas as a result of annexation, consolidation, or incorporation.
If the three-mile area referred to in § 9-47-24 is extended as a result of annexation, consolidation, or incorporation after July 1, 1989, and the municipality elects to provide service to any person receiving service from a rural water system residing within the newly extended three-mile area, the municipality shall purchase the facilities of the rural water system which were required and used to provide service to such person. The purchase price shall be determined pursuant to § 9-47-23. The provisions of § 9-47-22 are applicable to all persons seeking water service in the newly extended area from and after the effective date of such extension.
Source: SL 1989, ch 387, § 4.
9-47-26. Election to provide service to persons outside three-mile area.
If a municipality elects to provide water service to any person being served by a rural water system and located more than three miles from the municipal boundaries, the municipality shall purchase the facilities of the rural water system which were required and used to provide service to such person. The purchase price shall be determined pursuant to § 9-47-23.
Source: SL 1989, ch 387, § 5.
9-47-27. Certain matters negotiable for contract between parties.
The provisions of §§ 9-47-22 to 9-47-26, inclusive, do not prevent a municipality and a rural water system from contracting with each other relative to the transfer of customers, disposition, and sale of facilities and related matters on such terms and conditions as they may determine.
Source: SL 1989, ch 387, § 6.
9-47-28. Connection of plumbing fixtures to public water supply system--Purchase or lease of preexisting private wells by municipalities--Exemption of first class municipalities.
Each building in which plumbing fixtures are installed shall connect to a public water supply system if available. A public water system is available to a premise used for human occupancy if the property line of the premise is within two hundred feet of the system. A municipality may purchase, lease with purchase option, lease, or otherwise acquire from the owners, any preexisting private wells located within the municipality. The provisions of this section do not apply to municipalities of the first class . Nothing in this section requires any municipality to provide any municipal service outside of its municipal boundaries.
Source: SL 1989, ch 80, § 1; SL 2000, ch 39, § 1.
9-47-29. Assessment of property for proportionate share of water line previously constructed--Apportionment among persons paying cost.
If a main, trunk, or service water line has been constructed and the cost has not been apportioned against property that may benefit as provided in this chapter or chapter 9-43, the governing body may require the owner of the property to pay the owner's proportionate share of the cost of construction, without interest, according to the benefits to accrue to the property, before the property may be platted, replatted, or served by the facilities, as determined by the governing body. The governing body shall investigate and determine the amount to be paid. The amount shall be apportioned by the governing body among the persons, including the municipality, paying the appropriate cost.
Source: SL 2016, ch 52, § 5.
