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 46-10-6 – 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 46-10-3.3 – Defendants numbering one hundred or more–Commencement of action–Service.
46-10-3.3. Defendants numbering one hundred or more–Commencement of action–Service. An action for general adjudication is commenced by the filing of a complaint in circuit court in any case in which the named defendants number one hundred or more. In such a case personal service of a summons and complaint is not required but may be […]
Section 46-10-3.4 – Captioning complaint for general adjudication.
46-10-3.4. Captioning complaint for general adjudication. The complaint for such general adjudication shall be captioned: In re the general adjudication of all rights to use water and water rights in the (to be specified) river system and all other sources, State of South Dakota. Source: SL 1980, ch 305, §10.
Section 46-10-4.1 – Action to determine conflicting water or water use rights–Court’s powers and duties–Caption of action.
46-10-4.1. Action to determine conflicting water or water use rights–Court’s powers and duties–Caption of action. The attorney general in lieu of bringing an action for a general adjudication may or any person may bring an action for the purpose of determining conflicting water rights or rights to use water. The court before which any such […]
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 […]