Section 46-7-5.5 – Application to dams constructed before January 1, 1990–Owner and family sole residents–Determination of flood plain.
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. […]
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 […]
Section 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.
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 […]
Section 46-7-1 – Excess capacity of works–Availability for beneficial use.
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 […]
Section 46-7-2 – Headgates or other measuring devices required.
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 […]