S.D. Admin. R. 74:05:07:10

Current through Register Vol. 51, page 54, October 28, 2024

Section 74:05:07:10 - Eligible use of funds

The board may award funds for facilities included in the state water facilities plan for one or more of the following uses:

(1) To improve, restore, enlarge, extend, construct, or protect facilities, lakes, streams, rivers, watersheds, and other surface or ground water resources;

(2) To construct, acquire, or lease buildings and works essential to the operation or protection of facilities;

(3) To construct or relocate roads, bridges, utilities, fences, and other public improvements or relocate roads, bridges, utilities, fences, and other private improvements related to the construction and operation of facilities;

(4) For the following if they are necessary for the construction or operation of a facility funded under subdivisions (1), (2), or (3) of this section:

(a) Fees, services, and costs such as legal, engineering, environmental, architectural, fiscal advisory, recording, planning, management, and for establishing or acquiring rights;

(b) The purchase of an interest in or access to existing facilities if the purchase is necessary to provide efficient service and an agreement between buyer and seller is reached;

(c) The acquisition of interests in land, water rights, permits, rights-of-way, and other evidence of land or water control which are necessary for development of the facility;

(d) Purchase or lease of equipment necessary to install, maintain, extend, protect, operate, or use facilities;

(e) Start-up expenses for a period not exceeding one year if the recipient will be unable to pay such expenses;

(f) Refinancing debts incurred by or on behalf of a water resources project sponsor if both of the following conditions exist:

(i) The debts were incurred for the facility, any part of the facility, or a service being refinanced; and

(ii) Arrangements cannot be made with the creditors to extend or modify the terms of the debt so that the project can remain fiscally sound;

(5) To pay eligible expenses incurred before approval of funding if there were reasons for proceeding before funding was approved;

(6) Capitalized interest; or

(7) Televising and cleaning sewer lines.

The board may consider in-kind contributions as match at a level established by usual and customary rates. All in-kind contributions require prior approval by the board or its designated agent.

S.D. Admin. R. 74:05:07:10

13 SDR 23, effective 9/3/1986; 13 SDR 129, 13 SDR 141, effective 7/1/1987; 19 SDR 102, effective 1/17/1993; 19 SDR 202, effective 7/4/1993; 21 SDR 97, effective 11/28/1994; 28 SDR 95, effective 12/19/2001; 33 SDR 106, effective 12/26/2006; 40 SDR 14, effective 7/29/2013.

General Authority: SDCL 46A-1-65.

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