South Dakota § 46A-2-4 - Definition of terms.

§ 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.