Section
General
50.01 Municipal authority
50.02 Real property in adjoining states
50.03 Emergency contract for repair or replacement
50.04 Contract for waterworks system; maximum tax levy
50.05 Special assessments governed by provisions for sewer assessments
50.06 Connection from water main to lot line
50.07 Classification of water pipes and mains
50.08 Distance between water connections
Purchase of Pipes and Mains
50.25 Acquisition of water mains in newly annexed area
Water Service
50.45 Municipal artesian wells authorized
50.46 Request for rural water system within three miles of municipality
50.47 Municipality to provide service after previously declining
50.48 Providing service to persons with rural water system; purchase of facilities
50.49 Service to persons within extended areas
50.50 Election to provide service to those outside three-mile area
50.51 Certain matters negotiable for contract between parties
50.52 Connection of plumbing fixtures to public water system, purchase/lease of preexisting private wells
Water Conservation
50.65 Water shortages defined
50.66 Regulation of outdoor water use
50.67 Amendment of regulations by resolution
Cross-reference:
Local provisions, see Title XVII
Special elections, see § 32.03
Tax levy, see Ch. 34
GENERAL
The municipality shall construct, establish, operate, and maintain a system of waterworks and facilities and may regulate the distribution and use of the supplied thereby. It shall have the authority to assess, levy, and collect taxes and special assessments for such purposes; and may appropriate funds and levy taxes to accumulate funds for such purposes, as provided by SDCL Title 9. The accumulated funds shall be placed in a separate fund which may not revert at the end of the fiscal year. The municipality shall establish a maximum amount allowed to be accumulated in the fund. The fund shall be established by a resolution adopted pursuant to SDCL Chapter 9-19. Every municipality may enter into agreements with the United States, with the state, and with any authorized agency, subdivision, or unit of government, federal or state, to carry out such purposes.
(SDCL § 9-47-1)
(A) Wherever, in the municipality, the emergency specified in SDCL § 9-21-15 is the complete failure of the water supply of such municipality, the governing body thereof is authorized to contract for the drilling of a new well or for such repairs, replacements, and new equipment as may be necessary, privately, without advertising for bids as required by the laws of this state relating to contracts of municipalities, and to pay therefor as provided in SDCL §§ 9-21-15 and 9-21-16 as to emergencies; provided, however, that no such contract shall be executed until the governing body has adopted a resolution of necessity therefor, by unanimous vote, which resolution shall become effective immediately upon its passage and publication.
(B) Any contract entered into as provided by this section shall be as binding, and have the same force and effect, as though the same were let in all particulars as provided by the laws of this state relating to contracts of municipalities.
(SDCL § 9-47-3)
Statutory reference:
Replacement or repair required by unanticipated event, see SDCL § 9-21-15
When the expense in connection with the waterworks system is to be raised by general taxation, no contract for construction, purchase, lease, or maintenance which shall stipulate for an annual payment greater than an annual levy of five mills on each dollar of the assessed valuation of the municipality shall be authorized until such contract shall first have been submitted to a vote of the voters of such municipality at a general or special election and ratified by a majority of those voting at such election.
(SDCL § 9-47-4)
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