Water & Natural Resources

Provides money for water and sewer infrastructure projects.

This bill appropriates $10 million from the general fund to the Department of Agriculture and Natural Resources for grants to fund water, wastewater, storm water, and nonpoint source projects. It establishes tiered grant percentages based on population served (80% for populations up to 1,000, 50% for 1,000-2,500, and 30% for over 2,500), sets per-person project cost limits, allows enhanced funding for regionalization and environmental compliance projects, and provides up to 100% funding for eligible engineering studies.

Provides emergency funding for water and environmental projects.

This bill appropriates a total of $18,425,000 from various water and environmental funds to the Board of Water and Natural Resources for specific water and environmental projects: $750,000 for Dakota Mainstem regional water system study; $500,000 for hydrology and water management studies including wetland mapping; $175,000 for Big Sioux River flood control study update; $2,000,000 for water investment in northern South Dakota project; $11,400,000 for water facilities construction grants and loans; $3,400,000 for solid waste management grants and loans (including up to $250,000 for statewide tire and waste cleanup); and smaller amounts for water pollution control and drinking water program administration and technical assistance.

Creates a fund to provide grants and loans for rural water projects.

This bill creates a water infrastructure development fund with $3 million in state funding to provide grants (up to 10% of construction costs) and loans (up to 50% of construction costs) for rural water projects. The Board of Water and Natural Resources will administer the fund and establish criteria for awarding grants and loans through rulemaking.

Allows hunting mourning doves in previously restricted areas.

This bill removes the prohibition on shooting mourning doves on highways and public rights-of-way in South Dakota. Currently, hunters can shoot small game except mourning doves in these areas - this bill eliminates that exception, allowing mourning dove hunting on highways and public rights-of-way where other small game hunting is permitted.

Creates new approval requirements for mining operations that use explosives.

This bill creates a stricter regulatory framework for mining operations that use explosives. It removes sand, gravel, rock, pegmatite, limestone, and other construction materials from a simpler licensing process (chapter 45-6) and requires them to obtain more complex permits under chapter 45-6B if they use explosives in extraction. Existing explosive-using operations must transition to the new permit system starting July 1, 2026, with a five-year phase-in schedule. The bill also transfers jurisdiction from the Department of Environment and Natural Resources to the Department of Agriculture.

Changes local governments' power to regulate mining operations.

This bill expands local government authority over mining operations by allowing counties and first/second class municipalities with comprehensive plans to adopt mining ordinances (removing the previous requirement for zoning ordinances). It creates a new section specifically for sand, gravel, and aggregate mining operations, allowing local governments to regulate these activities as long as their ordinances don't conflict with state law. The bill requires mining permit applicants to comply with local ordinances and obtain local permits before the state Board of Minerals and Environment can grant mining permits.

Updates mining laws and regulations.

This bill revises mining statutes by: (1) removing the definition of 'abandoned mined lands' and renumbering other definitions; (2) expanding the definition of 'Black Hills' to include part of Fall River County; (3) transferring mining regulatory authority from the Department of Environment and Natural Resources to the Department of Agriculture and Natural Resources; (4) creating a new definition of 'large-scale mine' based on specific criteria (in situ operations, chemical/biological leaching, operations affecting more than 10 acres, or extracting more than 25,000 tons per year); (5) replacing the complex 'life of the mine permit' definition with a simpler 'life of the mine' definition; (6) making various technical word changes throughout the definitions; (7) increasing application fees from $1,000 to $50,000 for new large-scale mine permits; and (8) limiting permit amendments for additional contiguous land to no more than 15 additional acres.

Allows neighboring landowners to conduct controlled burns on state land.

This bill creates a new law allowing landowners adjacent to state-owned land along the Missouri River to conduct prescribed burns on the state property in conjunction with burning their own land. The bill establishes five requirements: written request to the controlling state department, having suppression equipment available, burns must be for invasive species control or grassland management, written state consent, and compliance with existing fire laws. Critically, the bill makes the private landowner assume all liability for the burn and grants the state complete immunity from any liability or damages arising from these prescribed burns.

Requires fishing guides to get licenses and sets penalties for violations.

This bill creates a new licensing requirement for fishing guides in South Dakota, effective July 1, 2027. Fishing guides must obtain an annual license from the Department of Game, Fish and Parks, be at least 18 years old, maintain $1 million in general liability insurance per occurrence, and pay licensing fees ($150 for residents, $300 for nonresidents). The department can deny, suspend, or revoke licenses for various reasons including criminal convictions, violations of fishing/guiding laws, or conduct detrimental to the guide industry. Operating without a license is a Class 1 misdemeanor, with each client constituting a separate offense.

Creates emergency task force to study invasive species in waterways.

This bill creates the Aquatic Invasive Species Task Force to study ecological damage and costs of aquatic invasive species infestations and make policy recommendations to the Legislature. The task force consists of 15 members appointed by legislative leaders and department secretaries, representing various stakeholder groups including legislators, water organizations, tribal representatives, biologists, recreation industry, agriculture, and state departments. The task force must report by November 30, 2026, addressing current conditions, prevention/mitigation strategies, cost estimates, and funding recommendations. The bill appropriates $50,000 from the general fund for task force expenses.

Limits groundwater pumping to match natural refill rates.

This bill amends groundwater appropriation law to prohibit approval of applications for groundwater use when the annual withdrawal would exceed the annual recharge to the groundwater source. The bill removes an existing exception that allowed water distribution systems to withdraw groundwater in excess of annual recharge from certain older geological formations (those older than or stratigraphically lower than the Greenhorn formation).

Funds construction at Blue Dog State Fish Hatchery.

This bill appropriates $8 million ($3.5 million federal funds, $4.5 million other funds) to the Department of Game, Fish and Parks for construction, reconstruction, renovation, and modernization of infrastructure at Blue Dog State Fish Hatchery, including facilities, equipment, and services. The bill designates administrative oversight to the Bureau of Human Resources and Administration and includes standard appropriation procedures for voucher approval and fund reversion.

Recognizes conservation efforts that help prevent water shortages and forest fires in the Black Hills.

This is a concurrent resolution that recognizes the importance of conservation and restoration practices for addressing water shortages and forest fire mitigation in the Black Hills. The resolution commends organizations working on conservation efforts including stream restoration, riparian rehabilitation, and other water conservation methods. It expresses legislative support for continued conservation and restoration efforts but creates no legal requirements or changes to existing law.

Allows the state to give surplus park land to the Spearfish Canyon Foundation for public use.

This bill authorizes the Department of Game, Fish and Parks to transfer a disused hydroelectric plant property (3.75 acres in Lawrence County) to the Spearfish Canyon Foundation for use as a historic preservation site museum or other public purpose. The transfer includes related personal property and improvements, must be done via special warranty deed, and includes a reversion clause requiring the property return to the state if not used for public purposes for two consecutive years.