CHAPTER 52: WATER SUPPLY SYSTEMS
Section
General Provisions
   52.01   Municipal authority
   52.02   Real property in adjoining states
   52.03   Emergency contract for repair or replacement
   52.04   Contract for waterworks system; maximum tax levy
   52.05   Special assessments governed by provisions for sewer assessments
   52.06   Connection from water main to lot line
   52.07   Classification of water pipes and mains
   52.08   Distance between water connections
Purchase of Pipes and Mains
   52.25   Financed by special assessments; protest by property owners
   52.26   Notice, hearing, and action
   52.27   Competitive bids
   52.28   Acquisition of water mains in newly annexed area
Water Service
   52.45   Municipal artesian wells authorized
   52.46   Operation of irrigation system; assessments and regulation of use
   52.47   Providing of service for rural water system; purchase of facilities
   52.48   Certain matters negotiable for contract between parties
   52.49   Connection of plumbing fixtures; purchase/lease of preexisting private wells
GENERAL PROVISIONS
§ 52.01 MUNICIPAL AUTHORITY.
   (A)   (1)   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.
      (2)   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.
      (3)   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.
   (B)   The 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.
(Prior Code, § 50.01)
Statutory reference:
   Related provisions, see SDCL § 9-47-1
§ 52.02 REAL PROPERTY IN ADJOINING STATES.
   The municipality shall have power to purchase, lease, own, and hold real property and easements therein in an adjoining state for waterworks purposes.
(Prior Code, § 50.02)
Statutory reference:
   Related provisions, see SDCL § 9-47-2
§ 52.03 EMERGENCY CONTRACT FOR REPAIR OR REPLACEMENT.
   (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 if it were let in all particulars as provided by the state law relating to municipality contracts.
(Prior Code, § 50.03)
Statutory reference:
   Related provisions, see SDCL § 9-47-3
   Replacement or repair required by unanticipated event, see SDCL § 9-21-15
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