46-7-1. Excess capacity of works–Availability for beneficial use. The owner of any works for storage, diversion, or carriage of water which have a capacity in excess of the needs of the owner for lawful application of water to beneficial use may be required to make the excess capacity available, at reasonable rates, to any person […]
46-7-12. Willful damage, destruction, or interference with works prohibited. No person, for any purposes other than those contemplated by this title, may willfully damage, destroy, or otherwise interfere with any works for the application of water to beneficial use, for the apportionment or measurement of water or for any hydrographic study, nor may any person […]
46-7-14. Unauthorized injury to or interference with pier, boom, or dam prohibited. No person may, without authority of law, interfere with any pier, boom, or dam lawfully erected or maintained upon any waters within this state, hoist any gate of a dam, whether in or about the dam, damage or destroy any dam or any […]
46-7-15. Removal or injury of piles prohibited. No person may maliciously draw up, remove, cut, or otherwise injure any piles fixed in the ground and used for securing any bank or dam of any river, canal, drain, aqueduct, marsh, reservoir, pool, port, dock, quay, jetty, or lock. Source: SDC 1939, §13.4507; SL 1983, ch 314, […]
46-7-2. Headgates or other measuring devices required. Any appropriator may be required to construct and maintain a substantial headgate or other means of measurement at the point of diversion or at any other point or points as required by the Water Management Board and shall construct or install a measuring device of a design approved […]
46-7-3. Repair of works required–Rules. The owner of any works for the storage, diversion or carriage of water or for the application of water to beneficial use, including wells, shall keep the works in good repair at all times to ensure safety of the works and to prevent waste of water. The water management board […]
46-7-5. Inspection of works by chief engineer–Order for repair of unsafe works–Repair by chief engineer–Costs–Filing of written protest–Hearing–Liability of chief engineer and state. The chief engineer may inspect any works described in §46-7-3, including abandoned works, to determine whether the works are safe. If works are found to be unsafe, the chief engineer shall notify […]
46-7-5.1. Repair of unsafe works by chief engineer–Cost as lien against property–Bidding provisions. Upon failure or refusal of an owner of unsafe works to make the changes necessary to secure the safety of the works pursuant to the chief engineer’s order or order of the board, the chief engineer may enter upon the property where […]
46-7-5.10. Recording requirements as to owner’s affidavit. An affidavit accepted for filing by the board, together with any conditions set by the board, shall be recorded by the owner in the office of the register of deeds in any county where the dam or flood plain are located. Source: SL 1990, ch 357, §7.
46-7-5.11. Where privately owned high-hazard dam is subject to action by chief engineer and state. The provisions of §46-7-5 shall take effect notwithstanding §46-7-5.7, if: (1)The owner fails to comply with §§46-7-5.4 to 46-7-5.11, inclusive; (2)The owner violates any of the conditions set by the board pursuant to §46-7-5.9; or (3)There has been a change […]
46-7-5.2. Breach or repair of works by chief engineer to protect human life–Cost as lien against property–Other remedies. Notwithstanding the pendency of any notice, order, or protest pursuant to §46-7-5, the chief engineer may immediately breach or repair any works if, in the chief engineer’s judgment, it is necessary to protect human life from imminent […]
46-7-5.3. Investigation of dam–Variance relating to minimum spillway design requirements–Hearing. Upon petition to the board by the owner of a dam, the chief engineer may investigate and conduct the necessary analysis to determine the potential for damage to downstream residents or property if a dam were to fail due to inadequate spillway capacity. After the […]
46-7-5.4. Definition of terms. Terms used in §§46-7-5.5 to 46-7-5.11, inclusive, mean: (1)”Affidavit,” a written declaration under oath, made on personal knowledge, subscribed and dated by the owner in the presence of a notary public; (2)”Flood plain,” an area below the dam that has been or may be covered with water from natural runoff or […]
46-7-5.5. Application to dams constructed before January 1, 1990–Owner and family sole residents–Determination of flood plain. The provisions of §§46-7-5.4 to 46-7-5.11, inclusive, only apply to privately owned high-hazard dams constructed before January 1, 1990, if the owner and the owner’s immediate family are the only persons residing below the dam within the flood plain. […]
46-7-5.6. Owner’s reporting requirements where nonowner establishes habitation within flood plain. If any individual other than the owner of a high-hazard dam establishes a habitation within the flood plain, the owner shall report the name, address and location of the individual to the chief engineer within ten days. Source: SL 1990, ch 357, §4.
46-7-5.7. Privately owned high-hazard dam–Where chief engineer and state not obligated to secure safety thereof–Owner’s affidavit upon refusal to correct unsafe condition. Notwithstanding the provisions of §§46-2-9, 46-2-17, 46-7-3, 46-7-5, 46-7-5.1, 46-7-5.2, and 46-7-5.3, the chief engineer and all officers, employees, and agents of the State of South Dakota are under no obligation to secure […]
46-7-5.8. Requirements as to form and content of owner’s affidavit. The owner’s affidavit referred to in §46-7-5.7 shall: (1)Be in a form prescribed and approved by the board; (2)Identify and describe the dam in question; (3)State the construction date of the dam; (4)Acknowledge that the owner is aware that the unsafe condition exists; (5)State that […]
46-7-5.9. Board’s acceptance of owner’s affidavit–Conditions. The board, based on the specific facts of each case, may impose reasonable conditions upon the acceptance of the owner’s affidavit for filing if those conditions are related to the promotion of the health, safety, and welfare of any minor children, third persons, or the general public. The board […]
