Section 46-10A-15 – Approval of petition under § 46-10A-12 or 46-10A-13–When required.
46-10A-15. Approval of petition under §46-10A-12 or 46-10A-13–When required. The Water Management Board shall approve a petition brought under the provisions of §46-10A-12 or 46-10A-13 upon finding that approval of the petition is in the public interest and will further the goal of efficient and equitable apportionment of water among affected water permit or right […]
Section 46-10A-1 – Establishment of area–Petition of chief engineer.
46-10A-1. Establishment of area–Petition of chief engineer. The chief engineer may, after appropriate investigation, petition the Water Management Board to establish a water use control area. The petition shall be regarded as filed at the time it is signed and dated by the chief engineer. Source: SL 1983, ch 314, §179.
Section 46-10A-2 – Establishment of area–Petition of water right holders.
46-10A-2. Establishment of area–Petition of water right holders. As an alternative to the provisions of §46-10A-1, a petition to establish a water use control area may be brought before the Water Management Board when signed by water right holders representing not less than fifty percent of the total rate of diversion under permit, filed vested […]
Section 46-10A-3 – Identification of lands and waters in petition.
46-10A-3. Identification of lands and waters in petition. Any petition to establish a water use control area shall identify the lands and waters proposed to be included in the area. Source: SL 1983, ch 314, §181.
Section 46-10A-4 – Hearing on petition–Publication and notice.
46-10A-4. Hearing on petition–Publication and notice. The chief engineer, upon knowledge of the filing of a valid petition to establish a water use control area, shall set the petition for hearing before the Water Management Board at the nearest reasonable date and shall publish a copy of the notice of hearing at least once a […]
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.