74:05:07:02.  Eligibility. A facility is eligible for funding under the consolidated water facilities construction program, established in SDCL 46A-1-63.1, if the facility is included in the state water facilities plan, as required by SDCL 46A-1-63.1, prior to the submittal of the application and if the facility is sponsored by one of the following entities:

          (1)  Special purpose governmental entities, including irrigation districts organized under SDCL 46A-4, water user districts organized under SDCL 46A-9, watershed districts organized under SDCL 46A-14, water project districts organized under SDCL 46A-18, sanitary districts organized under SDCL 34A-5, conservation districts organized under SDCL 38-8, recycling and waste management districts organized under SDCL 34A-16, and other lawful special purpose governmental entities that may construct a water resources project;

          (2)  State agencies and general purpose governments such as municipalities, counties, or townships;

          (3)  Federally recognized Indian tribes; or

          (4)  Nonprofit corporations and cooperative corporations.

          A facility that has been funded by the board is deemed to remain in the state water facilities plan for purposes of a request by the sponsor for additional funding for the facility.

Source: 13 SDR 23, effective September 3, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 19 SDR 102, effective January 17, 1993; 19 SDR 202, effective July 4, 1993; 21 SDR 97, effective November 28, 1994; 36 SDR 208, effective June 28, 2010; 40 SDR 14, effective July 29, 2013.

General Authority: SDCL 46A-1-65.

Law Implemented: SDCL 46A-1-61, 46A-1-63.1, 46A-1-64.