Section 46-10-6 – Action for general adjudication or to determine conflicting rights–Proof of notice of suit to water management board.
46-10-6. Action for general adjudication or to determine conflicting rights–Proof of notice of suit to water management board. No final decree may be issued in any action for general adjudication or in an action for determination of conflicting water rights unless it appears that the water management board has had reasonable notice of the suit. […]
Section 46-10-7 – Intervention by attorney general.
46-10-7. Intervention by attorney general. If, in the judgment of the Water Management Board, the public interests require action adverse to any party thereto, it may call upon the attorney general to intervene in the action. The attorney general shall then appear on behalf of the state and take whatever steps are necessary to protect […]
Section 46-10-8 – Judgment in action for general adjudication or to determine conflicting rights–Certified copy filed with board.
46-10-8. Judgment in action for general adjudication or to determine conflicting rights–Certified copy filed with board. The court before which any action for general adjudication or any action for the determination of conflicting rights is conducted shall file a certified copy of any final judgment in such case with the Water Management Board. Source: SDC […]
Section 46-10-8.1 – Appointment of water master to administer interim or final decree.
46-10-8.1. Appointment of water master to administer interim or final decree. The authority of a court to appoint a water master to administer any interim or final decree relating to water, including any interim or final decree issued under the provisions of §§46-10-1 to 46-10-8, inclusive, is hereby granted. Source: SL 1983, ch 314, §178.
Section 46-10-13 – Appeal to board from acts or decisions of water master–Appeal to circuit court.
46-10-13. Appeal to board from acts or decisions of water master–Appeal to circuit court. Any interested person may appeal from acts or decisions of the water master to the Water Management Board and the board shall promptly and at a stated time and place fixed by it, after due notice to the parties, hear and […]
Section 46-10-5 – Action for general adjudication or to determine conflicting water rights–Copies of complaints mailed to Water Management Board.
46-10-5. Action for general adjudication or to determine conflicting water rights–Copies of complaints mailed to Water Management Board. Whenever suit is brought for general adjudication or to determine conflicting water rights in any of the courts of this state, a copy of the complaint shall be by the complainant mailed by registered or certified letter […]
Section 46-10-2 – Jurisdiction and venue of action for general adjudication.
46-10-2. Jurisdiction and venue of action for general adjudication. The court in which any action involving the general adjudication of water rights or rights to use water may be properly brought, shall have exclusive jurisdiction to hear and determine all questions necessary for the adjudication of all water rights and the rights to use water […]
Section 46-10-2.1 – Deposit of documents and orders with court.
46-10-2.1. Deposit of documents and orders with court. The court conducting a general adjudication may direct the chief engineer of the Water Management Board to deposit with the court certified copies of every water permit, water license, certificate of construction, or other document or order and every cancellation of each document or order in the […]
Section 46-10-2.2 – Documents and orders as prima facie evidence–Certified copies admissible.
46-10-2.2. Documents and orders as prima facie evidence–Certified copies admissible. The court conducting a general adjudication shall regard any water permit, water license, certificate of construction, or other document or order issued by or under the authority of the Water Management Board or its predecessors, including the state engineer, and not subsequently cancelled by it […]
Section 46-10-2.3 – Powers and duties of court conducting general adjudication.
46-10-2.3. Powers and duties of court conducting general adjudication. The court conducting a general adjudication shall, in addition to exercising any other power or duty conferred by law: (1)Confirm those rights evidenced by previous court decrees when those rights have not been forfeited, abandoned, or otherwise lost; (2)Adjudicate the validity of all cancelled and uncancelled […]