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 46-10-3.3 – 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 […]
Section 46-10-2.1 – Deposit of documents and orders with court.
46-10-2.1. Deposit of documents and orders with court. The court conducting a general adjudication may direct the chief engineer of the Water Management Board to deposit with the court certified copies of every water permit, water license, certificate of construction, or other document or order and every cancellation of each document or order in the […]
Section 46-10-2.2 – Documents and orders as prima facie evidence–Certified copies admissible.
46-10-2.2. Documents and orders as prima facie evidence–Certified copies admissible. The court conducting a general adjudication shall regard any water permit, water license, certificate of construction, or other document or order issued by or under the authority of the Water Management Board or its predecessors, including the state engineer, and not subsequently cancelled by it […]
Section 46-10-2.3 – Powers and duties of court conducting general adjudication.
46-10-2.3. Powers and duties of court conducting general adjudication. The court conducting a general adjudication shall, in addition to exercising any other power or duty conferred by law: (1)Confirm those rights evidenced by previous court decrees when those rights have not been forfeited, abandoned, or otherwise lost; (2)Adjudicate the validity of all cancelled and uncancelled […]
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.