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 46-5-34.1 – Transfer of irrigation rights apart from land–Restricted purposes–Protection of other users.
46-5-34.1. Transfer of irrigation rights apart from land–Restricted purposes–Protection of other users. The provisions of §§46-5-33 and 46-5-34 notwithstanding, irrigation rights may be transferred apart from the land to which they are appurtenant if they are transferred for domestic use or use within a water distribution system. Such irrigation rights may be transferred or leased […]
Section 46-5-36 – Abandonment of use of water appurtenant to land–Public water subject to general appropriation.
46-5-36. Abandonment of use of water appurtenant to land–Public water subject to general appropriation. If the owner of the land to which water has become appurtenant abandons the use of such water upon such land, such water shall become public water, subject to general appropriation. Source: SDC 1939, §61.0141; SL 1955, ch 430, §1; SDC […]
Section 46-5-37 – Failure to use beneficially appropriated water–Forfeiture for nonuse–Reversion to public.
46-5-37. Failure to use beneficially appropriated water–Forfeiture for nonuse–Reversion to public. If any person entitled to the use of appropriated water fails to use beneficially any part of the water for the purpose for which it was appropriated, for a period of three years, the unused water shall revert to the public and shall be […]
Section 46-5-37.1 – Abandonment or forfeiture of permits or rights–Recommendation of chief engineer for cancellation.
46-5-37.1. Abandonment or forfeiture of permits or rights–Recommendation of chief engineer for cancellation. Upon the initiative of the chief engineer or upon petition by any interested person and after reasonable notice to the holder of the right or permit, if the holder can be located, the chief engineer may investigate whether or not a water […]
Section 46-5-37.2 – Exceptions to forfeiture for nonuse.
46-5-37.2. Exceptions to forfeiture for nonuse. The provisions of §46-5-37 notwithstanding, no water right or permit may be forfeited for nonuse if land authorized for irrigation by a permit or right is placed under an acreage reserve or production quota program or otherwise withdrawn from use as required for participation in any federal program, if […]
Section 46-5-38 – Future use of water–Entities entitled to reservation.
46-5-38. Future use of water–Entities entitled to reservation. The following entities may reserve water for contemplated future needs upon a showing of availability of unappropriated water and future need pursuant to procedures set forth in chapter 46-2A: (1)A state institution, facility, or agency; (2)A municipality as defined in §9-1-1; (3)The South Dakota Conservancy District or […]
Section 46-5-38.1 – Future use of water–Permit required for actual use–Review of future use permits.
46-5-38.1. Future use of water–Permit required for actual use–Review of future use permits. Water Management Board approval of an application to appropriate water for future use is a reservation of a definite amount of water with a specified priority date and is not a grant of authority to construct the works or to put the […]
Section 46-5-39 – Temporary use permits–Authorization for.
46-5-39. Temporary use permits–Authorization for. Before an entity described in §46-5-38 is ready to use part or all of the water subject to a future use permit or permits, temporary appropriations may be made of the water. Any person desiring to appropriate the water shall make an application to the chief engineer for a temporary […]
Section 46-5-40 – Temporary use permits–Cancellation.
46-5-40. Temporary use permits–Cancellation. The chief engineer may not cancel a temporary use permit with less than six months notice to the permit holder. In no case may a temporary use permit be cancelled prior to the time at which facilities are constructed and water may be put to beneficial use by an entity described […]