SOUTH DAKOTA Department of
Environment & Natural Resources

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Water Rights

CHAPTER 1-40
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES


Section
1-40-1 to 1-40-14. Omitted from this publication.
1-40-15. Water management board created - Appointment and terms of members.
1-40-16. Qualifications of water management board members.
1-40-17. Quorum of water management board.
1-40-18. Officers of water management board - Meetings.
1-40-19. Functions of water management board.
1-40-20. Water pollution control powers.
1-40-20.1 to 1-40-29. Omitted from this publication.
1-40-30. Establishment of the environment and natural resources fee fund - Source of fund - Administration - Expenditures - Unexpended funds.
1-40-31 to 1-40-38. Omitted from this publication.


1-40-15. Water management board created - Appointment and terms of members. There is created a water management board within the department of environment and natural resources. The board shall consist of seven members to be appointed by the Governor for a term of four years, and no more than four members shall be of the same political party. The terms of members of the water management board who are first appointed after the effective date of this order shall be: two appointed for a term of one year; two appointed for a term of two years; two for a term of three years; and one for a term of four years, and such initial terms are to be designated by the Governor. Any member appointed to fill a vacancy arising from other than the natural expiration of a term shall serve for only the unexpired portion of the term.


1-40-16. Qualifications of water management board members. One member of the Water Management Board shall be appointed to represent the public at large. One member shall be a person who holds a valid South Dakota well driller's license and is a South Dakota resident. One member shall be experienced in municipal government and operations. One member shall be experienced in irrigation methods and techniques. One member shall have knowledge of the concerns of domestic water users. One member shall be experienced in the area of industrial uses of water. One member shall represent fish and wildlife interests.


1-40-17. Quorum of water management board. A majority of the appointed members of the water management board shall constitute a quorum. A majority of those present and voting shall be sufficient to perform official functions of the board.


1-40-18. Officers of water management board - Meetings. The water management board shall annually elect a chairman and other necessary officers. The board shall meet at least four times a year upon the call of the chairman or the secretary of the department of environment and natural resources.


1-40-19. Functions of water management board. The water management board shall perform all functions exercised by the former state water rights commission. The water management board shall perform the quasi-legislative, quasi-judicial, and special budgetary functions pursuant to chapters 34A-2 and 34A-3, and all advisory functions relating to water quality and water hygiene, except such functions as are specifically conferred by law upon the secretary.


1-40-20. Water pollution control powers. The secretary of environment and natural resources and the water management board shall, respectively, exercise the powers vested in the secretary of environmental protection and the board of environmental protection by chapter 34A-2 with respect to control of water pollution.


1-40-30. Establishment of the environment and natural resources fee fund - Source of fund - Administration - Expenditures - Unexpended funds. There is hereby established in the state treasury the environment and natural resources fee fund. Unless otherwise provided by law, this fund shall consist of all fees imposed pursuant to titles 34A, 45, 46, and 46A, and chapters 1-40, 10-39B, and 34-44 and legislative appropriations, federal grants, gifts, and civil penalties designated for deposit in the fund. The fund shall be maintained separately and administered by the department to defray the expenses associated with the programs administered by the department and any other purpose authorized by law. Expenditures from the fund shall be budgeted through the normal budget process. Unexpended funds and interest shall remain in the fund until appropriated by the Legislature.

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