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 46-8-2 – Permission required for entry on land for surveys–Liability for damages.
46-8-2. Permission required for entry on land for surveys–Liability for damages. No person may enter upon the lands of any other person without first obtaining written permission or a court order obtained pursuant to §46-8-2.1 for the purpose of surveying or locating the most advantageous route for works necessary to put water to beneficial use. […]
Section 46-7-5.9 – Board’s acceptance of owner’s affidavit–Conditions.
46-7-5.9. Board’s acceptance of owner’s affidavit–Conditions. The board, based on the specific facts of each case, may impose reasonable conditions upon the acceptance of the owner’s affidavit for filing if those conditions are related to the promotion of the health, safety, and welfare of any minor children, third persons, or the general public. The board […]
Section 46-7-5.10 – Recording requirements as to owner’s affidavit.
46-7-5.10. Recording requirements as to owner’s affidavit. An affidavit accepted for filing by the board, together with any conditions set by the board, shall be recorded by the owner in the office of the register of deeds in any county where the dam or flood plain are located. Source: SL 1990, ch 357, §7.
Section 46-7-5.11 – Where privately owned high-hazard dam is subject to action by chief engineer and state.
46-7-5.11. Where privately owned high-hazard dam is subject to action by chief engineer and state. The provisions of §46-7-5 shall take effect notwithstanding §46-7-5.7, if: (1)The owner fails to comply with §§46-7-5.4 to 46-7-5.11, inclusive; (2)The owner violates any of the conditions set by the board pursuant to §46-7-5.9; or (3)There has been a change […]
Section 46-7-12 – Willful damage, destruction, or interference with works prohibited.
46-7-12. Willful damage, destruction, or interference with works prohibited. No person, for any purposes other than those contemplated by this title, may willfully damage, destroy, or otherwise interfere with any works for the application of water to beneficial use, for the apportionment or measurement of water or for any hydrographic study, nor may any person […]
Section 46-7-14 – Unauthorized injury to or interference with pier, boom, or dam prohibited.
46-7-14. Unauthorized injury to or interference with pier, boom, or dam prohibited. No person may, without authority of law, interfere with any pier, boom, or dam lawfully erected or maintained upon any waters within this state, hoist any gate of a dam, whether in or about the dam, damage or destroy any dam or any […]
Section 46-7-15 – Removal or injury of piles prohibited.
46-7-15. Removal or injury of piles prohibited. No person may maliciously draw up, remove, cut, or otherwise injure any piles fixed in the ground and used for securing any bank or dam of any river, canal, drain, aqueduct, marsh, reservoir, pool, port, dock, quay, jetty, or lock. Source: SDC 1939, §13.4507; SL 1983, ch 314, […]
Section 46-8-1 – Right of eminent domain for application or conveyance of water for beneficial use.
46-8-1. Right of eminent domain for application or conveyance of water for beneficial use. Any person may exercise the right of eminent domain in the manner provided by law to acquire as a public use any property or other rights necessary for application of water to beneficial uses or to enlarge an existing structure for […]
Section 46-8-1.1 – Limit on exercise of right of eminent domain.
46-8-1.1. Limit on exercise of right of eminent domain. Any exercise of the right of eminent domain under the provisions of this chapter shall do the least possible injury to private property, consistent with sound engineering principles and with economic feasibility. Source: SL 1983, ch 314, §132.