Loading...
If a rural water system provides service to a person whom a municipality has declined to serve, pursuant to § 50.46, and the municipality thereafter elects to provide water service to such person, the municipality shall first purchase the facilities of the rural water system which were required and used to provide service to such person. The purchase price shall be the present day reproduction cost, new, of the facilities being acquired, less depreciation computed on a 30-year straight-line basis, plus an amount equal to the cost on a nonbetterment basis of constructing any necessary facilities to reintegrate the system of the rural water system after detaching the portion to be sold; plus as compensation for service rights, an annual amount, payable each year for a period of five years, equal to the sum of 5% of the gross revenues received from the sale of water service to such person during the five-year period. Gross revenues received shall be determined by applying the rate in effect by the purchased rural water system at the time of purchase.
(SDCL § 9-47-23)
If a municipality elects to provide water service to any person who is being served by a rural water system and who resides within the boundaries of a municipality or within three miles of the municipality as the boundaries exist on July 1, 1989, the municipality shall purchase the facilities of the rural water system which were required and used to provide service to such person. The purchase price shall be as set forth in § 50.47.
(SDCL § 9-47-24)
If the three-mile area referred to in § 50.48 is extended as a result of annexation, consolidation, or incorporation after July 1, 1989, and the municipality elects to provide service to any person receiving service from a rural water system residing within the newly extended three-mile area, the municipality shall purchase the facilities of the rural water system which were required and used to provide service to such person. The purchase price shall be determined pursuant to § 50.47. The provisions of § 50.46 are applicable to all persons seeking water service in the newly extended area from and after the effective date of such extension.
(SDCL § 9-47-25)
§ 50.50 ELECTION TO PROVIDE SERVICE TO THOSE OUTSIDE THREE-MILE AREA.
If a municipality elects to provide water service to any person being served by a rural water system and located more than three miles from the municipal boundaries, the municipality shall purchase the facilities of the rural water system which were required and used to provide service to such person. The purchase price shall be determined pursuant to § 50.47.
(SDCL § 9-47-26)
The provisions of SDCL §§ 9-47-22 through 9-47-26, inclusive, do not prevent a municipality and a rural water system from contracting with each other relative to the transfer of customers, disposition, and sale of facilities and related matters on such terms and conditions as they may determine.
(SDCL § 9-47-27)
(A) Each building in which plumbing fixtures are installed shall connect to a public water supply system if available. A public water system is available to a premise used for human occupancy if the property line of the premise is within 200 feet of the system.
(B) A municipality may purchase, lease with purchase option, lease, or otherwise acquire from the owners, any preexisting private wells located within the municipality. The provisions of this section do not apply to municipalities of the first class.
(C) Nothing in this section requires any municipality to provide any municipal service outside of its municipal boundaries.
(SDCL § 9-47-28)
WATER CONSERVATION
Whenever the municipality determines that an emergency exists, in that the water supply available to the entire municipality for essential functions is in jeopardy because of drought, flood, natural disaster, other act of God, or any other cause beyond the control of the municipality, the municipality may impose such restrictions on the use of water as it determines to be necessary to meet such emergency. In the event the municipality declares such an emergency and imposes restrictions on the use of water, all users of the municipality's water shall submit to those restrictions.
Loading...