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

The limited supply of, and increasing demand for water available within this state and the United States for agricultural and other beneficial uses and the more effective development and utilization of the land and water resources of this state makes necessary the fullest use of waters available to South Dakota and its citizens for the protection and preservation of the benefits therefrom, including opportunity for greater economic security, protection of health, property, and enterprise, and promotion of the prosperity and general welfare of the people of South Dakota. This involves and requires the exercise of the sovereign powers of the state and a public purpose, the accomplishment of which, among other things, demands, and is necessary, that the South Dakota Conservancy District be created in the manner herein provided so that construction of water resource facilities for the conservation, storage, distribution, and utilization of water for multiple purposes may commence. It is a matter of public policy that the district shall insofar as prudently possible market the power generated from hydroelectric projects constructed by reason of this chapter in such a manner as to afford all of the citizens of the State of South Dakota equal and nondiscriminatory rights to share in such power. To the extent prudently possible all of the citizens of the State of South Dakota who are customers of all electric suppliers shall be treated equally with no preferential right being given which would discriminate in the cost of such power being used by such citizens of this state. It is also a matter of public policy that to the extent reasonably prudent that power generated under the authority of this chapter shall be used within the State of South Dakota before being sold outside the State of South Dakota. Encouragement, promotion, and responsibility for the development of such use shall be accomplished by providing for state water resources planning in order:

(1)    To provide for the future economic welfare and prosperity of the people of this state;

(2)    To provide for the irrigation of lands within the sections of a district periodically afflicted with drought, and to stabilize the production of crops thereon;

(3)    To replenish and restore the depleted waters of lakes, rivers, streams, and underground waters in the district, and to stabilize the flow of streams, levels of lakes, and levels and pressures of underground waters;

(4)    To reserve within the district for present or future beneficial uses, all waters and particularly waters impounded on the Missouri River, within the boundaries of the state, except to the extent that the construction of facilities for the diversion of water outside this state will make substantial water available for use within this state not otherwise available or will directly benefit the people of this state economically or otherwise;

(5)    To provide and enhance for beautification, flood protection, recreation, fish and wildlife benefits, municipal and industrial water supply, water quality enhancement, scenic rivers, navigation, erosion control, and in all other ways to conserve, regulate, and control the waters in this state;

(6)    To protect and improve the quality of the waters of the state as opportunity permits;

(7)    To provide for the generation and sale of hydroelectric power from projects which may include provisions for irrigation and municipal, rural, or industrial water supplies;

(8)    To prepare and submit to the Legislature and the Governor not later than the first legislative day of its session in 1975, a comprehensive statewide water plan, based on competent study of creative and innovative utilization of the water resources within the boundaries of South Dakota in order to develop a state water resources development system; a yearly progress report to the plan and system with possible recommendation to submit to the Legislature and the Governor by the first legislative day of each legislative session; and, to update the plan and system, not less than once each four years, and to submit the updated plan to the Legislature and the Governor; and

(9)    To plan and coordinate with any Indian tribe of this state, the joint development of water resources whenever such joint action is possible, appropriate and in the best interests of the state and of the respective tribe.

Source: SL 1959, ch 453, § 1; SDC Supp 1960, § 61.1401; SDCL, § 46-17-1; SL 1972, ch 240, § 1; SL 1972, ch 241, § 1; SL 1981 (2d SS), ch 1, § 16; SL 1982, ch 313, § 1; SL 1983, ch 321, § 9.