Southern Black Hills Water

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    • 2023 >
      • January 25, 2023
      • February 23, 2023
    • 2022 >
      • January 27, 2022
      • February 24, 2022
      • March 24, 2022
      • April 28, 2022
      • May 26, 2022
      • June 23, 2022
      • July 28, 2022
      • August 25, 2022
      • September 22, 2022
      • October 27, 2022
      • November 23, 2022
      • December 22, 2022
    • 2021 >
      • January 28, 2021
      • February 25, 2021
      • March 25, 2021
      • April 29, 2021
      • May 27, 2021
      • June 24, 2021
      • Jully 29, 2021
      • August 26, 2021
      • September 28, 2021
      • October 28, 2021
      • November 23, 2021
      • December 21, 2021
    • 2020 >
      • January 24,2020
      • February 27, 2020
      • April 23, 2020
      • May 28,2020
      • June 25,2020
      • July 23,2020
      • August 27, 2020
      • September 24, 2020
      • October 29,2020
      • November 19 ,2020
      • December 17, 2020
    • 2019 >
      • January 24,2019
      • February 28 ,2019
      • March 28,2019
      • April 25, 2019
      • May 23,2019
      • June 27, 2019
      • July 29,2019
      • August 29,2019
      • Septmeber 26,2019
      • October 29,2019
      • November 21 , 2019
      • December 19, 2019
    • 2018 >
      • January 25,2018
      • February 22, 2018
      • March 22, 2018
      • April 19, 2018
      • May 24, 2018
      • June 21, 2018
      • July 24, 2018
      • August 23, 2018
      • September 20, 2018
      • October 25, 2018
      • November 29, 2018
      • December 20, 2018
    • 2017 >
      • January 26, 2017
      • March 30, 2017
      • April 27, 2017
      • May 25, 2017
      • June 22, 2017
      • July 27,2017
      • August 24, 2017
      • September 28, 2017
      • October 26, 2017
      • November 30, 2017
      • December 28, 2017
    • Annual Meeting >
      • September 8, 2022 Annual Meeting
      • December 9, 2021 Annual Meeting
      • September 9, 2020 Annual Meeting
      • October 5, 2019 Annual Meeting
      • September 22, 2018 Annual Meeting
      • September 16, 2017 Annual Meeting
  • Information
    • Certificate & Articles of Incorporation
    • ByLaws - Amended and Restated 2013
    • Policy Bulletins Handbook >
      • Series 100 - General >
        • 100 - Definitions and Objectives
        • 101 - Duties of Trustees
        • 102 - Duties of the General Manager
        • 103 - Committees of the Board
        • 104 - Manager's Report to the Board of Directors
        • 105 - Compensation & Reimbursable Expenditures
        • 106 - Policy Book Revisions
        • 109 - Meeting with the Board of Directors
        • 111 - Corporation Responsibilities & Liabilities
        • 112 - Water User Responsibilities
      • Series 200 - Minimums, Rates, and Procedures >
        • 200 - Water User Fees
        • 201 - Refunds & Release from Water User Agreement
        • 202 - Water Rates
        • 203 - Meter Deposit
        • 204 - Meter Reading, Billing & Collections
        • 205 - Suspension of Service
        • 206 - Complaints & Adjustments
        • 207 - Charges for Services
      • Series 300 - Operations and Procedures >
        • 300 - Types of Water Users
        • 301 - Classes of Applicants
        • 302 - Application for Service
        • 303 - Extension of Mainlines
        • 304 - Temporary Service
        • 305 - Future Housing Developments
        • 306 - Access to Premises
        • 307 - Change of Occupancy / Transfer of Membership
        • 308 - Crop Damage, Site Acquisition, and Eminent Domain
        • 309 - Refused Easement
      • Series 300 - Operations and Procedures (cont) >
        • 314 - Determination of Responsibility for Service Line Costs
        • 315 - Procurement or Lease of Existing Water System
        • 318 - Installation of Antennas on Southern Black Hills Facilities
        • 321 - Livestock Watering off User Property
    • Resolutions >
      • Resolution 2019-01
      • Resolution 2019-02
    • Director of Equilization Letter
    • Pictures
  • Sign Up
  • Water Report
    • Paramount Point Water Report
    • South Black Hills Water Report, Phases 1 & 2
  • Links
Policy Bulletin 308 - Crop Damage, Site Acquisition, and Eminent Domain​
Adopted 2007/12, Revised 2014/12
​
  1. Crop Damage:
    1. General. Grassland and fallow damage will be paid for damages caused by the original construction of the main transmission pipeline as is provided herein; also, crop damages will be paid for the original construction ofthe mian transmission pipeline and for the operation ofthe secondary distribution pipeline as is provided in subparagraph (g).
    2. Definition. "Main transmission pipeline" means pipeline as defined in policy no. 101.
    3. Crop Damage. If crops are damaged because of the installation of main transmission pipeline, the owner or owners (as their interests may appear) of the crops shall be compensated based upon that crop year's actual average yield for the field in which the damage occurs, with compensation to be based upon the price of the damaged crop at thetimeofharvest. Reasonable harvesting costs shall be deducted from the amount of compensation.
    4. Damages from Continuing Operation. Southern Black Hills will reimburse the owner or owners (as their interest may appear) for crop damage resulting from the repair, operation and maintenance of main transmission pipeline as well as secondary main distribution pipeline. Southern Black Hills will only pay crop damage which accrued after that protion o f the pipeline has been constructed and is in operation. Also, this Policy Statement does not relieve any contractor which might be deemed responsible for the crop damage as may be provided in contract documents between Southern Black Hills and the contractor. Southern Black Hills will assist the owner or owners of the crop when making claims against the contractor for crop damages. Compensation for crop damages shall be based upon that crop year's actual average yield for the field in question, based upon the price of the damaged crop at the time of harvest.
    5. Determination of Damages. If the owner or owners and Southern Black Hills cannot agree upon the amount of crop damage, then such damages will be ascertained and determined by three disinterested persons, one to be appointed by the owner or owners, one to be appointed by Southern Black Hills and a third to be appointed by the two previously appointed individuals. Their determination of damages shall be binding upon the owner and Southern Black Hills.
  2. Site Acquisition.
    Southern Black Hills will negotiate with the owner of the subject real estate to arrive at a mutually acceptable purchase price of sites for secondary pumping stations, pneumatic pump stations, main line pressure- reducing or control valves and water storage tanks. If Southern Black Hills deems it appropriate, Southern Black Hills will engage the services of a qualified third party to appraise some of the larger sites. The appraised price will then be used as a base for further negotiations.
  3. Eminent Domain.
    Nothing contained in this policy shall be construed as a waiver of Southern Black Hills power of Eminent Domain.
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