Section 46-6-9.5 – Well pump installers and well drillers prohibited from performing certain acts without appropriate license.
46-6-9.5. Well pump installers and well drillers prohibited from performing certain acts without appropriate license. No licensed well pump installer or well driller may perform any electrical, plumbing, or mechanical act regulated by state law unless licensed to do so. All applicable rules and regulations of state law and municipal ordinances shall apply regarding any […]
Section 46-5-44 – United States withdrawal of unappropriated waters–Cancellation.
46-5-44. United States withdrawal of unappropriated waters–Cancellation. As soon as the Water Management Board is satisfied that the construction of works by the United States subject to a United States withdrawal approved prior to July 1, 1983, is no longer contemplated, it shall cancel its withdrawal of those waters from appropriation and the waters again […]
Section 46-5-46 – Unauthorized use or waste of water or violation of permit or license prohibited.
46-5-46. Unauthorized use or waste of water or violation of permit or license prohibited. No person may engage in unauthorized use of water, may waste water, or may violate the terms or conditions of a permit or license to appropriate water. Source: SDC 1939, §§61.9907, 61.9910; SL 1965, ch 304, §2; SL 1981, ch 316, […]
Section 46-5-47 – Flood control–Permit required.
46-5-47. Flood control–Permit required. No person may construct facilities on any watercourse to control floods for the purpose of preventing or alleviating damage without a permit issued pursuant to the procedure contained in chapter 46-2A. The permit may be approved subject to conditions deemed necessary, including conditions to safeguard water supplies for existing water permits […]
Section 46-5-48 – Flood control–Emergency facilities authorized.
46-5-48. Flood control–Emergency facilities authorized. Section 46-5-47 does not apply to temporary emergency facilities constructed for the immediate protection of life or property. The chief engineer shall be promptly notified of the construction of such emergency facilities. Source: SL 1983, ch 314, §81.
Section 46-5-49 – Filing of vested right claim–Hearing–Mandatory filing–Waiver of right.
46-5-49. Filing of vested right claim–Hearing–Mandatory filing–Waiver of right. Any person claiming to be owner of a vested right to appropriate water from any surface water source for beneficial use other than domestic use as defined in subdivision §46-1-6(7), may file with the chief engineer a vested right claim in a form and manner prescribed […]
Section 46-5-50 – Drip irrigation defined.
46-5-50. Drip irrigation defined. For purposes of §46-5-51, the term, drip irrigation, means a planned irrigation system in which water is applied directly to the root zone of plants by means of applicators, such as orifices, emitters, porous tubing, or perforated pipe, that are operated under low pressure and are placed on or below the […]
Section 46-5-51 – Permit not required for drip irrigation.
46-5-51. Permit not required for drip irrigation. A permit to appropriate water, pursuant to §§46-1-15 and 46-5-10, is not required for drip irrigation, as defined in §46-5-50, if the drip irrigation meets the following conditions: (1)The irrigation is for noncommercial purposes; and (2)Use of water does not exceed eighteen gallons per minute. Source: SL 1990, […]
Section 46-5-52 – Noncommercial purposes defined.
46-5-52. Noncommercial purposes defined. For purposes of §46-5-51, the term, noncommercial purposes, means tree plantings specifically for conservation purposes, excluding trees planted for ornamental or commercial purposes. Source: SL 1990, ch 358, §3.
Section 46-6-1 – Vested rights defined.
46-6-1. Vested rights defined. The term, vested rights, as used in this chapter, means: (1)Beneficial uses of groundwater under diversions and applications of water before February 28, 1955; (2)The right to take and use groundwater for beneficial purposes if an owner or lawful agent was engaged in the construction of works for the actual application […]