River Basin Natural Resource Districts (South Dakota Codified Laws: Title 46A Water Management; Chapter 46A-19)

6/5/2019 Untitled Page https://sdlegislature.gov/Statutes/PrinterStatute.aspx?Type=StatuteChapter&Statute=46A-19 1/4 CHAPTER 46A-19 RIVER BASIN NATURAL RESOURCE DISTRICTS 46A-19-1 State divided into river basin natural resource districts. 46A-19-2 District defined. 46A-19-3 Red River and Minnesota River district. 46A-19-4 Big Sioux River district. 46A-19-5 Vermillion River district. 46A-19-6 James River district. 46A-19-7 Upper Missouri River Trench district. 46A-19-8 Lower Missouri River Trench district. 46A-19-9 Little Missouri River, Cannonball River, Moreau River, and Grand River district. 46A-19-10 Belle Fourche River and Cheyenne River district. 46A-19-11 White River and Niobrara River district. 46A-19-12 River Basin Natural Resource District Oversight Advisory Task Force established. 46A-19-13 Task force boundary recommendations--Pilot water management plan. 46A-19-14 Task force recommendations for subdistricts. 46A-19-15 Task force recommendations on implementation of chapter. 46A-19-16 Districts to be governed by council. 46A-19-17 Procedure for making district dormant. 46A-19-1. State divided into river basin natural resource districts. Pursuant to §§ 46A-19-3 to 46A-19-11, inclusive, the state is divided into nine river basin natural resource districts. Each district is a political subdivision of the state. Source: SL 2015, ch 227, § 1. 46A-19-2. District defined. As used in this chapter, the term, district, means one of the river basin natural resource districts created by this chapter. Source: SL 2015, ch 227, § 2. 46A-19-3. Red River and Minnesota River district. The Red River and Minnesota River Basin Natural Resource District is hereby established. The district shall include the portions of Brookings, Codington, Day, Deuel, Grant, Marshall, and Roberts counties located in the Red River hydrologic basin and the Minnesota River hydrologic basin. Source: SL 2015, ch 227, § 3. 46A-19-4. Big Sioux River district. The Big Sioux River Basin Natural Resource District is hereby established. The district shall include the portions of Brookings, Clark, Clay, Codington, Day, Deuel, Grant, Hamlin, Kingsbury, Lake, Lincoln, Marshall, McCook, Minnehaha, Moody, Roberts, Turner, and Union counties located in the Big Sioux River hydrologic basin. Source: SL 2015, ch 227, § 4. 46A-19-5. Vermillion River district. The Vermillion River Basin Natural Resource District is hereby established. The district shall include the portions of Brookings, Clark, Clay, Hamlin, Hutchinson, Kingsbury, Lake, Lincoln, McCook, Miner, Minnehaha, Turner, Union, and Yankton counties located in the Vermillion River hydrologic basin. https://sdlegislature.gov/statutes/DisplayStatute.aspx?Type=Statute&Statute=46A-19-1 https://sdlegislature.gov/statutes/DisplayStatute.aspx?Type=Statute&Statute=46A-19-2 https://sdlegislature.gov/statutes/DisplayStatute.aspx?Type=Statute&Statute=46A-19-3 https://sdlegislature.gov/statutes/DisplayStatute.aspx?Type=Statute&Statute=46A-19-4 https://sdlegislature.gov/statutes/DisplayStatute.aspx?Type=Statute&Statute=46A-19-5 https://sdlegislature.gov/statutes/DisplayStatute.aspx?Type=Statute&Statute=46A-19-6 https://sdlegislature.gov/statutes/DisplayStatute.aspx?Type=Statute&Statute=46A-19-7 https://sdlegislature.gov/statutes/DisplayStatute.aspx?Type=Statute&Statute=46A-19-8 https://sdlegislature.gov/statutes/DisplayStatute.aspx?Type=Statute&Statute=46A-19-9 https://sdlegislature.gov/statutes/DisplayStatute.aspx?Type=Statute&Statute=46A-19-10 https://sdlegislature.gov/statutes/DisplayStatute.aspx?Type=Statute&Statute=46A-19-11 https://sdlegislature.gov/statutes/DisplayStatute.aspx?Type=Statute&Statute=46A-19-12 https://sdlegislature.gov/statutes/DisplayStatute.aspx?Type=Statute&Statute=46A-19-13 https://sdlegislature.gov/statutes/DisplayStatute.aspx?Type=Statute&Statute=46A-19-14 https://sdlegislature.gov/statutes/DisplayStatute.aspx?Type=Statute&Statute=46A-19-15 https://sdlegislature.gov/statutes/DisplayStatute.aspx?Type=Statute&Statute=46A-19-16 https://sdlegislature.gov/statutes/DisplayStatute.aspx?Type=Statute&Statute=46A-19-17 6/5/2019 Untitled Page https://sdlegislature.gov/Statutes/PrinterStatute.aspx?Type=StatuteChapter&Statute=46A-19 2/4 Source: SL 2015, ch 227, § 5. 46A-19-6. James River district. The James River Basin Natural Resource District is hereby established. The district shall include the portions of Aurora, Beadle, Bon Homme, Brown, Clark, Davison, Day, Douglas, Edmunds, Faulk, Hand, Hanson, Hutchinson, Hyde, Jerauld, Kingsbury, Marshall, McCook, McPherson, Miner, Potter, Roberts, Sanborn, Spink, Turner, and Yankton counties located in the James River hydrologic basin. Source: SL 2015, ch 227, § 6. 46A-19-7. Upper Missouri River Trench district. The Upper Missouri River Trench Basin Natural Resource District is hereby established. The district shall include the portions of Campbell, Corson, Dewey, Edmunds, Faulk, Haakon, Hughes, Hyde, McPherson, Potter, Stanley, Sully, Walworth, and Ziebach counties located in the Upper Missouri River Trench hydrologic basin. Source: SL 2015, ch 227, § 7. 46A-19-8. Lower Missouri River Trench district. The Lower Missouri River Trench Basin Natural Resource District is hereby established. The district shall include the portions of Aurora, Beadle, Bon Homme, Brule, Buffalo, Charles Mix, Clay, Davison, Douglas, Faulk, Gregory, Haakon, Hand, Hughes, Hutchinson, Hyde, Jackson, Jones, Jerauld, Lyman, Pennington, Potter, Stanley, Sully, Tripp, Union, and Yankton counties located in the Lower Missouri River Trench hydrologic basin. Source: SL 2015, ch 227, § 8. 46A-19-9. Little Missouri River, Cannonball River, Moreau River, and Grand River district. The Little Missouri River, Cannonball River, Moreau River, and Grand River Basin Natural Resource District is hereby established. The district shall include the portions of Butte, Corson, Dewey, Harding, Meade, Perkins, and Ziebach counties located in the Little Missouri River hydrologic basin, the Cannonball River hydrologic basin, the Moreau River hydrologic basin, and the Grand River hydrologic basin. Source: SL 2015, ch 227, § 9. 46A-19-10. Belle Fourche River and Cheyenne River district. The Belle Fourche River and the Cheyenne River Basin Natural Resource District is hereby established. The district shall include the portions of Butte, Custer, Fall River, Haakon, Lawrence, Meade, Oglala Lakota, Pennington, and Ziebach and counties located in the Belle Fourche River hydrologic basin and the Cheyenne River hydrologic basin. Source: SL 2015, ch 227, § 10. 46A-19-11. White River and Niobrara River district. The White River and Niobrara River Basin Natural Resource District is hereby established. The district shall include the portions of Bennett, Fall River, Gregory, Jackson, Jones, Lyman, Mellette, Oglala Lakota, Pennington, Todd, and Tripp counties located in the White River hydrologic basin and the Niobrara River hydrologic basin. Source: SL 2015, ch 227, § 11. 46A-19-12. River Basin Natural Resource District Oversight Advisory Task Force established. There is hereby established the River Basin Natural Resource District Oversight Advisory Task Force. The task force consists of the following eight members: (1) The speaker of the House of Representatives shall appoint two members of the House of Representatives, one from each political party; 6/5/2019 Untitled Page https://sdlegislature.gov/Statutes/PrinterStatute.aspx?Type=StatuteChapter&Statute=46A-19 3/4 (2) The president pro tempore of the Senate shall appoint two members of the Senate, one from each political party; (3) The speaker of the House of Representatives shall appoint two members of the general public, one member to be an agricultural producer and one member to represent conservation districts; and (4) The president pro tempore of the Senate shall appoint two members of the general public, one member to be an agricultural producer and one member to represent county government. The task force shall select a chair and vice chair from its members. The initial appointments shall be made no later than July 1, 2015, and serve until January 1, 2017. The speaker of the House of Representatives and the president pro tempore of the Senate shall, before the close of the regular session of the Legislature in 2017, appoint members to the task force for a term to end January 1, 2019. If there is a vacancy on the task force, the vacancy shall be filled in the same manner as the original appointment. Source: SL 2015, ch 227, § 12. 46A-19-13. Task force boundary recommendations--Pilot water management plan. The task force shall meet between July 1, 2015, and December 31, 2015, to recommend to the 2016 Legislature the specific boundaries of the river basin natural resource districts established by this chapter. The recommended boundaries of the districts shall follow as closely as possible the hydrologic patterns of the river basins. However, the task force recommendations may follow existing boundaries of political subdivisions or voting precincts, wherever feasible. Municipalities of the first class may not be included in a district. The specific boundaries shall be established by the Legislature in statute. The task force shall also recommend to the Legislature a procedure by which the initial terms of council members shall be staggered. The task force shall work with the local governments in the Red River and Minnesota River Basin Natural Resource District to establish a pilot water management plan for the district that could be used as a guide for a water management plan in each of the remaining river basin natural resource districts. Source: SL 2015, ch 227, § 13. 46A-19-14. Task force recommendations for subdistricts. The task force shall also establish recommendations for the 2016 Legislature that divide each district into three subdistricts of nearly equal size of population based on the last preceding federal census and not including the population of any municipality of the first class. In creating these subdistricts, the task force may follow existing boundaries of political subdivisions, voting precincts, and sections lines wherever feasible. Source: SL 2015, ch 227, § 14. 46A-19-15. Task force recommendations on implementation of chapter. This chapter does not give any district created pursuant to this chapter any regulatory or taxing authority. The task force shall continue to meet until January 1, 2019. The task force shall advise the Legislature and districts regarding the implementation of this chapter, including the establishment of guidelines to be used by the districts to establish a water management plan pursuant to this chapter. The task force shall review the provisions of chapter 46A-10A and determine which provisions need to be incorporated in legislation to assist in the implementation of this chapter. The task force may present draft legislation and policy recommendations to the Legislative Research Council Executive Board to facilitate the implementation of this chapter. Source: SL 2015, ch 227, § 15. 46A-19-16. Districts to be governed by council. Each district is governed by a council. The size of each district council is determined by the task force based on the population and the geography of the district. Source: SL 2015, ch 227, § 16. 6/5/2019 Untitled Page https://sdlegislature.gov/Statutes/PrinterStatute.aspx?Type=StatuteChapter&Statute=46A-19 4/4 46A-19-17. Procedure for making district dormant. Five percent of the electors of a district may petition the district council to submit to an election the question of whether the district should become dormant. The election shall be conducted, canvassed, recounted, and contested as elections under the general laws of this state. No district may become dormant unless sixty percent or more of the votes cast are in favor of the district becoming dormant. Source: SL 2015, ch 227, § 17.