Section 46-7-5.9 – Board’s acceptance of owner’s affidavit–Conditions.
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 […]
Section 46-7-5.10 – Recording requirements as to owner’s affidavit.
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.
Section 46-7-5.11 – Where privately owned high-hazard dam is subject to action by chief engineer and state.
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 […]
Section 46-7-12 – Willful damage, destruction, or interference with works prohibited.
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 […]
Section 46-7-14 – Unauthorized injury to or interference with pier, boom, or dam prohibited.
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 […]
Section 46-7-15 – Removal or injury of piles prohibited.
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, […]
Section 46-7-5.6 – Owner’s reporting requirements where nonowner establishes habitation within 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.
Section 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.
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 […]
Section 46-7-5.8 – Requirements as to form and content of owner’s affidavit.
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 […]
Section 46-7-3 – Repair of works required–Rules.
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 […]