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Repeal enforcement provisions and modify requirements related to the fluoridation of public water supplies.
SB133 eliminates the requirement that water suppliers maintain a *minimum* fluoride level, replacing it with a maximum limit of 4.0 milligrams per liter, meaning fluoridation becomes optional rather than mandatory. The bill also removes enforcement provisions and eliminates the Public Health Advisory Committee's role in overseeing water fluoridation, transferring those responsibilities to the Department of Agriculture and Natural Resources.
Provide for the administrative approval of certain drainage applications by counties.
Counties that manage drainage permits can now designate a drainage administrator to approve or deny certain straightforward drainage applications without going through the full board or commission review process. The administrator can approve projects that drain into named waterways, streams, or road rights-of-way as long as the applicant gets written approval from nearby affected landowners. More complex drainage applications that don't fit these categories still require the full board or commission approval process.
Providing legislative approval for a future use water permit application by the Western Dakota Regional Water System.
The legislature approves the Western Dakota Regional Water System's application to reserve about 20,765 acre-feet of water annually from the Missouri River for future use by 20 counties in western South Dakota. State law requires legislative approval for water permits exceeding 10,000 acre-feet per year, and the Department of Agriculture and Natural Resources has already recommended approval of this application.
Subject lithium mining operations to certain provisions regarding permitting, annual reporting, disturbed land limitations, and mined land reclamation.
South Dakota lithium mining operations will now be subject to the same permitting, reporting, and land reclamation requirements that currently apply to other types of mining like sand, gravel, and rock extraction. Companies mining lithium will need to obtain annual licenses, comply with specific environmental standards, and be responsible for reclaiming disturbed lands. This change brings lithium mining under South Dakota's existing mining regulation framework rather than allowing it to operate under different rules.
Modernize provisions relating to water development districts.
HB1072 updates South Dakota's water development district laws to clarify that these districts are legal entities and can be created either by the Legislature or through a specific petition process outlined in state law. The bill also refines the duties of water development districts, emphasizing their role in promoting water conservation and management while serving as a central resource for communities seeking technical and financial help with water projects.
Amend the maximum fee limit due when applying for a county drainage permit.
County drainage boards will no longer be limited to charging a maximum of $100 for drainage permits; instead, they can set permit fees based on their actual administrative costs with no upper limit. The bill removes the $100 cap that currently exists in state law, giving counties more flexibility to cover the full cost of reviewing and managing drainage permit applications.
Create the water infrastructure development fund.
South Dakota creates a new water infrastructure development fund to help pay for rural water projects approved by the federal Bureau of Reclamation. The state can contribute grants covering up to 10 percent of a project's construction costs and loans up to 50 percent, with the fund being replenished through legislative appropriations, federal grants, and loan repayments. The Board of Water and Natural Resources will manage the fund and set rules for which projects qualify and what terms apply to the aid.
Require that pipeline applicants acquire county permits prior to submission of a permit application to the Public Utilities Commission.
Before companies can apply to the state Public Utilities Commission for a pipeline permit, they must first obtain a county permit under this new requirement. This adds a local approval step before the state-level permitting process can begin, giving counties an opportunity to review pipeline projects before they reach the state commission.