State of South Dakota
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EIGHTY-SEVENTH SESSION
LEGISLATIVE ASSEMBLY, 2012
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156T0673
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SENATE AGRICULTURE AND NATURAL RESOURCES
ENGROSSED NO. SB 169 - 2/7/2012
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Introduced by: Senators Hansen (Tom), Begalka, Frerichs, Krebs, Novstrup (Al), and Peters
and Representatives Street, Greenfield, Rozum, Sigdestad, and Tulson
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FOR AN ACT ENTITLED, An Act to create certain watershed districts and to establish the
Regional Watershed Advisory Task Force.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 46A-14 be amended by adding thereto a NEW SECTION to read
as follows:
The James River Watershed District is hereby established. The James River Watershed
District may include any conservation district, or any watershed district that is formed under any
conservation district, located in Aurora, Beadle, Bon Homme, Brown, Clark, Davison, Day,
Douglas, Edmunds, Faulk, Hand, Hanson, Hutchinson, Hyde, Jerauld, Kingsbury, Marshall,
McCook, McPherson, Miner, Sanborn, Spink, and Yankton counties. A conservation district
or watershed district shall be included in the James River Watershed District upon passage of
a resolution to that effect by the conservation district board of supervisors. The initial board of
managers for the James River Watershed District shall consist of a district supervisor from each
conservation district who shall be nominated by the conservation district in the resolution for
inclusion in James River Watershed District. The James River Watershed District shall operate
after formation under the provisions of chapter 46A-14.
Section 2. That chapter 46A-14 be amended by adding thereto a NEW SECTION to read
as follows:
There is hereby established the Regional Watershed Advisory Task Force. The task force
shall consist of the following fourteen members:
(1) The speaker of the House of Representatives shall appoint four members of the
House of Representatives, no more than two of whom may be from one political
party;
(2) The speaker of the House of Representatives shall appoint three members of the
general public. At least one of the members shall have a background in natural
resources law, science, or management, and at least one of the members shall have
an agricultural or business background;
(3) The president pro tempore of the Senate shall appoint four members of the Senate,
no more than two of whom may be from one political party; and
(4) The president pro tempore of the Senate shall appoint three members of the general
public. At least one of the members shall have a background in natural resources law,
science, or management, and at least one of the members shall have an agricultural
or business background.
The initial appointments shall be made no later than July 1, 2012, and shall serve until
January 12, 2013. The speaker of the House of Representatives and president pro tempore of the
Senate, before the close of each regular session of the Legislature held in odd-numbered years,
shall appoint members to the task force for a term of two years. If there is a vacancy on the task
force, the vacancy shall be filled in the same manner as the original appointment.
Section 3. That chapter 46A-14 be amended by adding thereto a NEW SECTION to read
as follows:
The Regional Watershed Advisory Task Force established pursuant to section 2 of this Act
shall advise the James River Watershed District created pursuant to section 1 of this Act and any
other new or existing watershed district created pursuant to chapter 46A-14 on matters relating
to drainage, erosion, flood control, reclamation, environmental protection, and improvement of
lands, soils, waters, and all other authorized purposes. In addition, the task force shall consider
potential alternative organizational structures and entities appropriate to address such issues.
The task force shall report to the Senate and House of Representatives and may submit a copy
of its report to the Governor. The task force may present draft legislation and policy
recommendations to the Legislative Research Council Executive Board. The task force shall
make recommendations in the following areas:
(1) The proper role, purposes, structure, powers, boundaries, and financing for regional
and local watershed districts and the relationship of such districts to other types of
water and natural resources-related special purpose districts;
(2) The role of watershed districts and other state and local government entities with
respect to drainage issues, including drainage planning and management, resolution
of drainage disputes, and recommendations for potential realignment of
responsibilities for drainage matters; and
(3) Potential alternative organizational structures, entities, and strategies appropriate to
address statewide, regional, and local issues relating to water and natural resources
conservation, protection, management, and use.