§ 50.25 ACQUISITION OF WATER MAINS IN NEWLY ANNEXED AREA.

   The municipality shall have the power, within the discretion of the governing board of the municipality, to purchase, lease with purchase option, lease or otherwise acquire from the owners thereof, or condemn under provision of subdivision SDCL § 9-12-1(2), any water main or mains laid in, on or under any street or alley or otherwise located in any municipality, district or subdivision outside the corporate limits of the municipality and which subdivision or district shall have been, by annexation proceedings or otherwise, annexed to the municipality.

(SDCL § 9-47-17)

WATER SERVICE

§ 50.45 MUNICIPAL ARTESIAN WELLS AUTHORIZED.

   The municipality, if it chooses, may establish and maintain a municipal artesian well.

(SDCL § 9-47-20)

§ 50.46 REQUEST FOR RURAL WATER SYSTEM WITHIN THREE MILES OF MUNICIPALITY.

   If a rural water system is requested after July 1, 1989, to provide water service to any person who resides within three miles of a municipality owning and operating a water supply system, the rural water system shall promptly notify such municipality of such request in writing.  Within 60 days from the receipt of such notice, the municipality may elect to provide water service to such person.  If the municipality does not so elect, the rural water system may provide such service.

(SDCL § 9-47-22)

§ 50.47 MUNICIPALITY TO PROVIDE SERVICE AFTER PREVIOUSLY DECLINING.

   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)