Section 46-7-5.8 – Requirements as to form and content of owner’s affidavit.
46-7-5.8. Requirements as to form and content of owner’s affidavit. The owner’s affidavit referred to in §46-7-5.7 shall: (1)Be in a form prescribed and approved by the board; (2)Identify and describe the dam in question; (3)State the construction date of the dam; (4)Acknowledge that the owner is aware that the unsafe condition exists; (5)State that […]
Section 46-6-30 – Order of chief engineer for proper construction or repair of well–Plugging or controlling well–Costs.
46-6-30. Order of chief engineer for proper construction or repair of well–Plugging or controlling well–Costs. The chief engineer, during or immediately following construction of a well, may order the owner or driller of the well to properly construct or repair the well if the chief engineer determines that there is a serious and imminent threat […]
Section 46-6-31 – Plugging or controlling well by chief engineer–Bidding provisions.
46-6-31. Plugging or controlling well by chief engineer–Bidding provisions. The chief engineer, if plugging or otherwise controlling a well pursuant to the provisions of §§46-6-29 and 46-6-30, shall comply with the bidding provisions of chapters 5-18A and 5-18B unless the chief engineer determines that compliance with those provisions will result in harm to health or […]
Section 46-7-1 – Excess capacity of works–Availability for beneficial use.
46-7-1. Excess capacity of works–Availability for beneficial use. The owner of any works for storage, diversion, or carriage of water which have a capacity in excess of the needs of the owner for lawful application of water to beneficial use may be required to make the excess capacity available, at reasonable rates, to any person […]
Section 46-7-2 – Headgates or other measuring devices required.
46-7-2. Headgates or other measuring devices required. Any appropriator may be required to construct and maintain a substantial headgate or other means of measurement at the point of diversion or at any other point or points as required by the Water Management Board and shall construct or install a measuring device of a design approved […]
Section 46-6-24 – Liability for damages to domestic and municipal wells.
46-6-24. Liability for damages to domestic and municipal wells. The failure of a well to meet standards established pursuant to §46-6-6.1 is not a defense in any action or proceeding regarding damage, loss of water production or quality, replacement cost, or increased operating expenses incurred by a municipal or domestic use well located in a […]
Section 46-6-25 – Domestic and municipal well protection–Enforceability–Fees and costs.
46-6-25. Domestic and municipal well protection–Enforceability–Fees and costs. Section 46-6-24 is enforceable in circuit court by the damaged owner or user of a domestic or municipal well. Attorney’s fees, expert fees, and court costs may be awarded the plaintiff at the discretion of the court. Source: SL 1980, ch 304, §2.
Section 46-6-26 – Permits may be denied or conditioned to protect domestic or municipal wells or natural springs.
46-6-26. Permits may be denied or conditioned to protect domestic or municipal wells or natural springs. The Water Management Board or chief engineer pursuant to §46-1-16 may deny or condition any permit in conformity with §46-6-24 as is determined necessary to protect domestic wells, municipal wells, or natural springs of this state. Source: SL 1980, […]
Section 46-6-27 – Plugging, sealing, or capping abandoned wells required–Rules.
46-6-27. Plugging, sealing, or capping abandoned wells required–Rules. If the owner of an existing well drills a replacement well and if the owner has no plan to use the existing well, the existing well is considered abandoned. The well owner shall plug the abandoned well within thirty days after the new well is ready for […]
Section 46-6-28 – Geological survey to plug unused wells.
46-6-28. Geological survey to plug unused wells. The state geological survey shall plug its test holes, observation wells, and any other of its borings or wells, pursuant to the provisions of §46-6-27, if they are no longer being used. Source: SL 1983, ch 319, §2.