46-6-1. Vested rights defined. The term, vested rights, as used in this chapter, means: (1)Beneficial uses of groundwater under diversions and applications of water before February 28, 1955; (2)The right to take and use groundwater for beneficial purposes if an owner or lawful agent was engaged in the construction of works for the actual application […]
46-6-10. Wells to be constructed so as to prevent waste–Methods of construction, specification by board. The Water Management Board shall require every well to be so constructed and finished as to prevent waste of its waters or underground leakage of these waters into other reservoirs. To this end it may specify methods of construction, kinds, […]
46-6-11. Records of well construction required. On each well drilled the driller shall keep accurate records and complete a record of well construction on a form supplied by the chief engineer. If for any reason well construction is begun but not completed, the well driller shall complete the record of well construction to the extent […]
46-6-12. Inspection of wells by chief engineer or state geologist. The chief engineer or the state geologist may inspect wells for the purpose of making electric or radioactivity logs, caliper, leakage, and other surveys that pertain to the condition of the wells. Source: SL 1955, ch 431, §1; SDC Supp 1960, §61.0406; SL 1983, ch […]
46-6-13. Measurement of flow and pressure of wells by chief engineer. The chief engineer may measure the flow and pressure of any well, public or private, for the purpose of determining the increase or diminution of the flow or pressure of the well. Source: SDC 1939, §61.0403; SL 1955, ch 431, §1; SDC Supp 1960, […]
46-6-14. Waste of water from large capacity well prohibited. No owner of property on which a large capacity artesian well is located may allow the water of the well to flow to waste if the board determines it is feasible to control the flow. Source: SDC 1939, §61.0405; SL 1955, ch 431, §1; SDC Supp […]
46-6-15. Uncontrolled artesian well–Definition–Owner to notify board of size and location. The owner of an uncontrolled artesian well shall notify the Water Management Board in writing of the location and size of the well. An uncontrolled artesian well is one that cannot be controlled by mechanical means. Source: SL 1955, ch 431, §1; SDC Supp […]
46-6-16. Uncontrolled artesian well from oil and gas exploration–Notice to chief engineer. The Board of Minerals and Environment shall notify the chief engineer in writing of the location of any uncontrolled artesian well resulting from oil and gas exploration. Source: SL 1955, ch 431, §1; SDC Supp 1960, §61.0412; SL 1983, ch 314, §104.
46-6-18. Plugging abandoned or forfeited well by owner–“Owner” defined. Any abandoned or forfeited well shall be plugged by its owner so that no leaking of its waters occurs underground or over the surface. The owner of property on which an abandoned or forfeited well is located is deemed to be the owner of the well. […]
46-6-2. Filing of vested right claim by claimant of vested right to groundwater–Hearing–Mandatory filing–Waiver of right. Any person claiming to be the owner of a vested right to appropriate water from any underground source for beneficial use other than for domestic use as defined by subdivision §46-1-6(7) may file a vested right claim with the […]
46-6-20. Rules and regulations of board relating to wells. The Water Management Board shall promulgate rules pursuant to chapter 1-26 providing for or directing, as appropriate: (1)Rehabilitation of wells; (2)Construction of wells; (3)Prevention of underground leakage or other waste of water; and (4)Plugging or other control of abandoned, forfeited, or uncontrolled artesian wells. Source: SDC […]
46-6-21. Control of large capacity well required. No owner or person in control of a large capacity artesian well may allow it to flow without a proper or sufficient casing or without a valve or contrivance for checking or preventing the flow of water if the Water Management Board determines that installation of a casing, […]
46-6-24. Liability for damages to domestic and municipal wells. The failure of a well to meet standards established pursuant to §46-6-6.1 is not a defense in any action or proceeding regarding damage, loss of water production or quality, replacement cost, or increased operating expenses incurred by a municipal or domestic use well located in a […]
46-6-25. Domestic and municipal well protection–Enforceability–Fees and costs. Section 46-6-24 is enforceable in circuit court by the damaged owner or user of a domestic or municipal well. Attorney’s fees, expert fees, and court costs may be awarded the plaintiff at the discretion of the court. Source: SL 1980, ch 304, §2.
46-6-26. Permits may be denied or conditioned to protect domestic or municipal wells or natural springs. The Water Management Board or chief engineer pursuant to §46-1-16 may deny or condition any permit in conformity with §46-6-24 as is determined necessary to protect domestic wells, municipal wells, or natural springs of this state. Source: SL 1980, […]
46-6-27. Plugging, sealing, or capping abandoned wells required–Rules. If the owner of an existing well drills a replacement well and if the owner has no plan to use the existing well, the existing well is considered abandoned. The well owner shall plug the abandoned well within thirty days after the new well is ready for […]
46-6-28. Geological survey to plug unused wells. The state geological survey shall plug its test holes, observation wells, and any other of its borings or wells, pursuant to the provisions of §46-6-27, if they are no longer being used. Source: SL 1983, ch 319, §2.
46-6-29. Plugging or controlling large capacity well by chief engineer–Costs. If an owner of property fails to plug or otherwise control a large capacity artesian well on his property after receiving an order to do so from the Water Management Board under the provisions of §46-6-14, the chief engineer may enter upon the property where […]
46-6-3. Appropriation of groundwater authorized. Subject to vested rights and prior appropriations, groundwaters of the state may be appropriated pursuant to the procedures contained in chapter 46-2A. Source: SL 1955, ch 431, §1; SDC Supp 1960, §61.0404; SL 1971, ch 252, §1; SL 1972, ch 237, §5; SL 1973, ch 279, §2; SL 1977, ch […]
46-6-3.1. Annual withdrawal of groundwater not to exceed recharge–Exception for water distribution systems. No application to appropriate groundwater may be approved if, according to the best information reasonably available, it is probable that the quantity of water withdrawn annually from a groundwater source will exceed the quantity of the average estimated annual recharge of water […]
