46-2A-1. Application of provisions of chapter. The provisions of this chapter apply to any application for: (1)A permit to appropriate water; (2)An amendment of an existing permit or license, including change in use of water or change in place of use or diversion point of water; (3)A reservation for future use; (4)A permit for flood […]
46-2A-10. Reservation for future use–When approval allowed. A reservation for a future use may be approved only if there is a reasonable probability that unappropriated water is available for appropriation, that the quantity of water reserved will be needed by the entity and that the proposed use will be a beneficial use and in the […]
46-2A-11. Flood control works–When permit may be issued. A permit for flood control works may be issued only if the project will reduce the damage from flooding or erosion in the area proposed to be benefited, the project will not increase the likelihood or the severity of flood damages in areas other than the project […]
46-2A-12. Amendment of permit or license–When granted. An amendment of an existing permit or license may be granted for a change in use, a change in point of diversion or other change only if the change does not unlawfully impair existing rights and is for a beneficial use and in the public interest. Source: SL […]
46-2A-13. Well driller or well pump installer license–Issuance by chief engineer–Procedure on denial or deferral of decision. In the case of an application for a well driller license or a well pump installer license, the chief engineer may issue the license. If the chief engineer’s recommendation is to deny the license or to defer the […]
46-2A-14. Application and permit refer to one water use system–Location to be stated. Any application and permit to appropriate water shall refer to one water use system, the location of which shall be described in the application. Source: SL 1955, ch 430, §1; SL 1957, ch 490, §1; SDC Supp 1960, §61.0110; SDCL, §46-5-12; SL […]
46-2A-15. Date of receipt of application recorded–Correction of application. The date of receipt by the chief engineer of an application for any permit, license, or amendment under Title 46 shall be endorsed thereon. If the chief engineer determines that the application is defective in form or incomplete, it shall be returned to the applicant with […]
46-2A-16. Validation of vested water right claim–Notice. Any claim for vested rights as defined in §46-1-9 or 46-6-1 that has been accepted for filing by the chief engineer or Board of Water Management, prior to July 1, 1986, is eligible for validation. The chief engineer shall prepare a list based on the point of diversion […]
46-2A-17. Hearing to oppose validation–Notice. If a petition of intent to oppose the validation of a recognized vested water right claim is filed pursuant to §46-2A-16, the Board of Water Management shall hear and determine the matter de novo. Further published notice is not necessary, but the parties shall be notified of the hearing by […]
46-2A-18. Abandonment of validated vested right. Recognition or validation of a vested right under §46-5-49 or 46-6-2 does not protect the water right from a claim of abandonment or forfeiture based upon acts occurring in whole or in part after the date of the board’s recognition or validation. The entry of an order under §46-2A-17 […]
46-2A-19. Adjustment and validation of certain interstate water right claims. Any person claiming to be the owner of a right to appropriate water from any source for beneficial use other than domestic uses as defined in subdivision §46-1-6(7), on property in the State of South Dakota which was located in the state of Nebraska prior […]
46-2A-2. Recommendation of chief engineer on application–Schedule of hearing. Within sixty days of receipt of a completed application, the chief engineer shall recommend in writing approval, disapproval or deferral until further notice and shall schedule the application for hearing by the Water Management Board. The recommendation shall include any terms, conditions, restrictions, qualifications, quantifications, or […]
46-2A-20. Term limitation on water withdrawal from Madison formation in certain counties. Notwithstanding §§46-1-14 and 46-2A-7, no water permit for construction of works to withdraw water from the Madison formation in Butte, Fall River, Custer, Lawrence, Meade and Pennington counties may be issued for a term of more than twenty years, unless the Water Management […]
46-2A-21. Deletion of term limitation under certain conditions–Cancellation or amendment of permit. At any time during the twenty-year term set forth in §46-2A-20, or following its expiration, the board may delete the term limitation condition upon a finding that sufficient information has become available to determine: (1)Whether the withdrawal would cause any significant adverse effects […]
46-2A-22. Correction of errors in published notice of vested right claims–Contents–Hearing only on filing of petition. Any vested right claim published for validation in accordance with §46-2A-16 may be readvertised to correct errors in the published notice pursuant to the publication time frame and comment period established by §46-2A-4. The contents of the notice shall […]
46-2A-23. Publication of notice to determine opposition to application or recommendation of chief engineer–Petition to contest–Notice of hearing. Following the issuance of a recommendation to approve an application pursuant to §46-2A-2, the chief engineer may publish, at the expense of the applicant, a notice to determine whether any person opposes the application or recommendation of […]
46-2A-3. Recommendation of chief engineer on application–Mailing to applicant–Duties of applicant. In all cases except applications for a well driller license or a well pump installer license, the chief engineer shall mail a copy of the recommendation to the applicant and, if the recommendation is to approve or defer the application, a copy of the […]
46-2A-4. Publication of application and recommendation of chief engineer–Time for publication–Contents of notice. Except in the case of an application for a well driller license or a well pump installer license, if a recommendation is to approve or defer an application or if an applicant has filed a petition to oppose a recommendation to deny […]
46-2A-5. Postponement of hearing on application–Time for notice. The applicant or any person who has filed a petition to oppose an application, may file a written notice to the chief engineer requesting a postponement of the date set for hearing on the application. Upon receipt of the written notice, the chief engineer shall cancel the […]
46-2A-6. Service and filing of pleadings, petitions, and motions. The originals of all pleadings, including petitions to contest, petitions to intervene, and motions, shall be filed with the chief engineer and served upon other parties, either personally or by mail. The chief engineer shall provide copies to all Water Management Board members. Service and filing […]
