The Board of Water and Natural Resources may construct, operate, and maintain water resources development works not within a water development district and may become a party to agreements or contracts with federal agencies, public entities, local groups, or persons covering construction, operation, and maintenance of water resources development works. This section may not be construed to deny the district the right to exercise any of its powers within a water development district:

(1) When it has entered into a financing agreement pursuant to § 46A-1-49, provided that any water development district in which the project to be financed pursuant to the financing agreement will be located or any water development district that, as determined by the Board of Water and Natural Resources, will be affected by the project has ratified by resolution the resolution of the board recommending construction or authorization of the project;

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(2) When it has entered into a financing arrangement pursuant to § 46A-1-18 without the approval of any water development district; or

(3) When consented to or requested by the water development district.

Source: SL 1959, ch 453, § 9; SDC Supp 1960, § 61.1409 (2); SDCL, § 46-17-19; SL 1980, ch 310, § 13; SL 1981 (2d SS), ch 1, § 10; SL 1984 (SS), ch 1, § 64; SL 1986, ch 370, § 2.