May 4, 1976
Mr. Tom D. Tobin
Tripp County States Attorney
Winner, South Dakota 57580
OFFICIAL OPINION NO. 76-50
Expenditure of township funds for water project
Dear Mr. Tobin:
You have requested an opinion based on the following factual situation:
A water project has been designed which would serve Progressive Township, Tripp County, South Dakota. Upon completion, the individual tap fee will be approximately five hundred dollars ($500.00). Certain townships have paid twenty-five dollars per tap for the individuals with township funds to the Tripp County Water User District, to be later applied against the individual tap fee. Other townships are contemplating similar action.
The specific question you ask is whether a township has the authority to pay the individual tap fee with township funds.
SDCL 8-2-10 provides:
No organized township shall possess or exercise any powers except such as are enumerated in this chapter, or are especially given by law or are necessary to the exercise of the powers so enumerated or granted.
The powers of a township are enumerated in SDCL 8-2-8 and 8-2-9. I find nothing therein expressly conferring upon townships the authority to expend tax dollars for the purpose of paying individual water tap fees for township residents. Neither can I conclude that payment of said fees is necessary or incident to effectuate any of the powers granted townships.
As is stated in 1963-64 AGR 323, SDCL 8-2-10 has constantly been interpreted strictly both by the courts and the Office of Attorney General so as to restrict the authority of townships to the exercise of powers specifically authorized by statute. That opinion dealt with the related issue of expending township funds to provide drainage ditches along township highways for abutting landowners, and held such authority does not exist.
Therefore, the answer to your specific question is NO.
Respectfully submitted,
WILLIAM J. JANKLOW
ATTORNEY GENERAL
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