An Act to require the Department of Agriculture and Natural Resources to assemble a task force to study the adoption of a watershed ecosystems management approach.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That chapter 46A-14 be amended with a NEW SECTION:

Terms used in this Act mean:

(1) "Department," the Department of Agriculture and Natural Resources;

(2) “Ecosystem management,” any measures or actions that promote and maintain the integrity and sustainability of each watershed ecosystem separately and integrated with other watershed ecosystems and recognizes the interdependence of ecological resources and is based on the need for integrated consideration of ecological, social, and economic factors.

Section 2. That chapter 46A-14 be amended with a NEW SECTION:

The department shall assemble a task force consisting of one representative from the department, one member from each of the river basin natural resource districts identified pursuant to chapter 46A-19, one representative from each Native American nation possessing water rights to one or more river basin natural resource districts, one representative from the South Dakota Water Resources Institute at South Dakota State University, and any additional persons that possess the expertise in ecosystem resource management and water law and regulation. Each task force member shall have expertise or experience in water or ecosystem management. The department shall make available department staff and resources as needed by the task force to complete its duties and complete the report required pursuant to section 4 of this Act.

Section 3. That chapter 46A-14 be amended with a NEW SECTION:

The task force shall examine the following:

(1) The quantity of surface and underground water estimated to be available for domestic, agricultural, and industrial use in each watershed over the next fifty years, taking into consideration the current use, and predicted growth in use, climate change, and the legal rights of other states and Native American nations to the water;

(2) The current quality of the surface and underground water resources in each watershed, the past and existing sources of contamination to such resources, and the identification and assessment of potential future sources of contamination to the resources;

(3) The legal requirements pertaining to the quality of the surface and underground water resources, including the interaction between state, local, federal, and Native American nation laws, and those of other states and Native American nations that share in the water resources;

(4) The management of each watershed using an ecosystems approach to maximize the quantity and quality of surface and underground water resources for current and future use;

(5) The management of each watershed using an ecosystems approach to maximize the quantity and quality of surface and underground water resources for current and future use;

(6) The interaction of each watershed with other watersheds, including the sharing of water resources between communities, counties, the state, Native American nations, and with other states and Native American nations outside of this state;

(7)(6) The regional management of all watersheds using an ecosystems approach to maximize the quantity and quality of surface and underground water resources for current and future use; and

(8)(7) Actions, including legislation and administrative regulations, to consider the ecosystem management shared resources approach to protect and preserve the quantity and quality of surface and underground water resources for current and future users.

Section 4. That chapter 46A-14 be amended with a NEW SECTION:

Before June 30, 2023, the task force shall issue a report with recommendations to the Legislature, the department, and the Board of Water and Natural Resources, the counties and municipalities within the river basin districts identified pursuant to chapter 46A-19, and the Native American nations, of measures that can be taken to implement an ecosystem management approach to the surface and underground water resources of the primary watersheds of this state.