STATE OF SOUTH DAKOTA
OFFICE OF
THE ATTORNEY GENERAL

December 29, 1972

Duncan J. McGregor, State Geologist
University of South Dakota
Vermillion, South Dakota

OFFICIAL OPINION NO. 72-76

South Dakota Geological Survey cannot accept funds as payment for ground-water study made for non-profit non-governmental organization.

Dear Mr. McGregor:

You have asked for my opinion on the following question:

Is it permissible for the South Dakota State Geological Survey to enter into a contractual arrangement with a nonprofit, non-government organization for the purpose of making a ground-water study and to receive payment therefor from such organization?

While I cannot find a specific legislative enactment that defines the State Geological Surveyor its area of responsibility and authority, SDCL 45-1-1 designates that the professor of Geology of the University of South Dakota as ex officio State Geologist.

SDCL 45-1-2 authorizes and directs the State Geologist to:

Carry on and continue surveys of the state in relation to geology, ... particularly studying and emphasizing the economic geology of this state.

SDCL 45-1-3 further sets forth the duty of the State Geologist to:

Examine any state or school land in this state -and make a written report to the commissioner of school and public lands concerning the geology thereof . . . .

SDCL 45-2-1 specifically authorizes the creation of a revolving fund for geologic studies in cooperation with the county governments and other South Dakota state governmental agencies (emphasis added), which shall be under the supervision of the State Geologist.

It should be noted in passing that SDCL 1-24, Joint Exercise of Governmental Powers, does recognize the advantages gained by intergovernmental cooperation and sets forth certain procedures to insure that these joint altivities are properly conducted.

SDCL 45-2-2 appropriates the sum of $25,000 to establish the revolving fund and specifically directs that it be used for such (emphasis added) cooperative geologic studies by the State Geological Survey.

SDCL 45-2-3 authorizes the State Geologist to accept payment from county governments, and from other South Dakota state governmental agencies and directs such payments to be made to the revolving fund authorized in §45-2-1.

It is a fundamental law that a creature of the Legislature has only those duties, responsibilities and authorities specifically given to them by the Legislature and no entity created by the Legislature is permitted to do any act which has not been specifically authorized by the Legislature.

Therefore, it is my opinion that the answer to your question is NO, the Geological Survey cannot enter into a cooperative agreement with a nonprofit, non-governmental organization for the purpose of making a ground-water study and receive payment from such organizations.

Respectfully submitted,

Gordon Mydland
Attorney General