US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

Home » US Law » 2022 South Dakota Codified Laws » Title 46 - Water Rights » Chapter 01 - Definitions And General Provisions » Section 46-1-16 – Authority of chief engineer to issue permits–Scheduling application.

46-1-16. Authority of chief engineer to issue permits–Scheduling application.

The provisions of §46-1-14 notwithstanding, the board may promulgate rules pursuant to chapter 1-26 to delegate the authority to issue permits to the chief engineer if the applicant does not contest the recommendation of the chief engineer and no person has filed a petition to oppose the application as provided in chapter 46-2A. Upon such delegation, the recommendation of the chief engineer shall become the decision of the board and the chief engineer shall issue the permit as recommended. However, the chief engineer may schedule an application, even if uncontested, for hearing by the board pursuant to chapter 46-2A upon finding that an application presents important issues of public policy or public interest that should be heard by the board.

Source: SL 1990, ch 355, §1; SL 1992, ch 254, §85.