Section 46-10-3 – Parties to action for general adjudication.
46-10-3. Parties to action for general adjudication. In any action for the general adjudication of the rights to use water and water rights on any river system and all other sources all those whose claims to the use of such waters or claims of water rights are of record, and all other claimants so far […]
Section 46-10-3.1 – Adding additional defendants as parties.
46-10-3.1. Adding additional defendants as parties. Defendants in addition to those named in the original complaint may be added within a reasonable time and defendants may be added throughout the duration of the suit, as appropriate. Source: SL 1980, ch 305, §9.
Section 46-10-3.2 – Commencement of action for general adjudication–Service.
46-10-3.2. Commencement of action for general adjudication–Service. Except as provided in §46-10-3.3 for actions in which the named defendants number one hundred or more, an action for general adjudication shall be commenced and service shall be made as in other civil cases. Source: SL 1980, ch 305, §8.
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 46-10-1.2 – Orders in actions involving one hundred or more defendants.
46-10-1.2. Orders in actions involving one hundred or more defendants. In the conduct of actions to which §46-10-3.3 applies, the court may make appropriate orders (1)Providing for the limitation of service and filing, or substitutes therefor, of pleadings, briefs, orders, motions, demands, appearances, claim forms, discovery materials, and similar documents; (2)Requiring, for the fair conduct […]
Section 46-10-1 – Action for general adjudication of water or water use rights–When attorney general to bring.
46-10-1. Action for general adjudication of water or water use rights–When attorney general to bring. It shall be the duty of the attorney general to bring an action for the general adjudication of the nature, extent, content, scope, and relative priority of the water rights and the rights to use water of all persons, or […]
Section 46-10-1.1 – Procedure in actions for general adjudication.
46-10-1.1. Procedure in actions for general adjudication. The procedure in any case of general adjudication shall be as in other civil cases, insofar as that procedure is not inconsistent with this chapter. Source: SL 1980, ch 305, §15.