Section 46-10A-16 – Appeal from board actions relating to establishment or administration of area.
46-10A-16. Appeal from board actions relating to establishment or administration of area. Any person who is in a water use control area and is affected by board decisions may appeal from acts or decisions of the board with respect to establishment of a water use control area or administration of water diversion or use. Source: […]
Section 46-10A-5 – Approval of petition–When required.
46-10A-5. Approval of petition–When required. The Water Management Board shall approve a petition to establish a water use control area if the board finds that a water use control area is in the public interest, is necessary to equitably apportion the available water supplies for use among the water right holders and is feasible. Source: […]
Section 46-10A-6 – Water master–Appointment–Agent of board.
46-10A-6. Water master–Appointment–Agent of board. Upon establishment of a water use control area, the Water Management Board, at the same hearing if feasible, shall appoint a water master, giving significant weight to the recommendations of the affected water permit or right holders. The water master shall act as agent of the board. Source: SL 1983, […]
Section 46-10A-7 – Water master–Duties.
46-10A-7. Water master–Duties. The duties and authority of the water master shall be set out either in an order establishing the water use control area or by resolution and may include, but are not limited to, the following: (1)Enforcement procedures for distribution of water under a court decree; (2)Enforcement procedures for priorities and rights to […]
Section 46-10A-8 – Water measuring devices–Order for installation.
46-10A-8. Water measuring devices–Order for installation. The board may order installation of water measuring devices as provided in §46-7-2 if it determines them to be necessary for proper regulation of water diversion and use among water permit or right holders in a water use control area. Source: SL 1983, ch 314, §186.
Section 46-10A-9 – Fee assessed–Maximum amount–Annual payment.
46-10A-9. Fee assessed–Maximum amount–Annual payment. The Water Management Board shall assess a fee to be collected annually from each water right holder in each water use control area. The amount of the fee may not exceed twenty dollars for each cubic foot per second, or portion thereof, of the diversion capability of the water permit […]
Section 46-10A-11 – Violations of orders of board or water master.
46-10A-11. Violations of orders of board or water master. Violation of any order of the Water Management Board or of the water master is regarded as a violation of the terms of a permit or license under the provisions of §46-1-12. Source: SL 1983, ch 314, §189.
Section 46-10A-12 – Petition of chief engineer to abolish area, suspend operation, change boundaries, amend powers of or suspend water master, or adjust administration of area.
46-10A-12. Petition of chief engineer to abolish area, suspend operation, change boundaries, amend powers of or suspend water master, or adjust administration of area. The chief engineer, after appropriate investigation, may petition the board: (1)To abolish a water use control area; (2)To suspend the operation of a water use control area; (3)To change the boundaries […]
Section 46-10A-13 – Petition as in § 46-10A-12 by water rights holders.
46-10A-13. Petition as in §46-10A-12 by water rights holders. Any petition which may be brought by the chief engineer pursuant to the provisions of §46-10A-12 may also be brought before the Water Management Board if the petition is signed by water rights holders representing not less than twenty-five percent of the total rate of diversion […]
Section 46-10A-14 – Hearing on petition under § 46-10A-12 or 46-10A-13–Publication and notice.
46-10A-14. Hearing on petition under §46-10A-12 or 46-10A-13–Publication and notice. The chief engineer, upon learning of the filing of a valid petition under the provisions of §46-10A-12 or 46-10A-13, shall set the petition for hearing before the Water Management Board at the nearest reasonable date and shall publish a copy of the notice of hearing […]