46-2-11. Regulatory authority of board. The Water Management Board shall regulate and control the development, conservation, and allocation of the right to use the waters of the state according to the principles of beneficial use and priority of appropriation established by this title. The board may require reports and other information as it may deem […]
46-2-13. Fees of department–Payment to state treasury to environment and natural resources fee fund. The department shall charge and receive the following fees, to be collected in advance: (1)For filing and examining a location notice required for construction of a structure across a dry draw or nonnavigable watercourse for the purpose of diverting or collecting […]
46-2-14. Experimental and observation stations. The Water Management Board may establish experimental and observation stations, including observation wells and stream gauging stations, wherever they may be beneficial. Source: SL 1983, ch 314, §29.
46-2-17. Chief engineer’s general enforcement authority. The chief engineer may: (1)Investigate the use of the waters of the state and compliance with the provisions of water permits, licenses, rules, regulations, and laws relating to water rights; (2)Institute enforcement and other proceedings before the Water Management Board; (3)Enforce orders of the board; and (4)Perform other acts […]
46-2-18. Chief engineer’s authority to order discontinuance of water use. The provisions of chapter 1-26 notwithstanding, the chief engineer may, after appropriate investigation, issue an order to any person to shut off or limit the person’s use of surface or groundwater, or to plug or otherwise control a well. The order may be issued only […]
46-2-19. Chief engineer’s authority to enter property. The chief engineer, in the performance of duties under this title, may enter upon the lands of any person making appropriative use of the waters of the state after the chief engineer has made a reasonable attempt to notify the owner or possessor of the property of the […]
46-2-20. Cooperation with United States agencies. The Water Management Board may cooperate with agencies of the United States engaged in similar surveys and investigations and in construction of works for development and use of the water supply of the state, expending for those purposes any money available for the work of the board, and may […]
46-2-21. County appropriations for geologic or groundwater studies. A board of county commissioners may appropriate funds for the purpose of defraying the expense of having geologic or groundwater studies conducted within its county. Source: SL 1983, ch 314, §36.
46-2-22. Enforcement dry-draw dam domestic use limitations restricted. The Water Management Board may not enforce limitations on domestic use of water from dry-draw dams complying with §46-4-3 except in response to a written complaint from a person claiming interference with water permits or rights on the same watercourse. The dry-draw dam owner shall first be […]
46-2-23. Establishment of well rehabilitation and plugging subfund–Source of subfund–Expenditures–Unexpended funds–Uses of fund. There is hereby established in the state treasury a subfund of the water and environment fund to be designated as the South Dakota well rehabilitation and plugging subfund. This subfund shall consist of all moneys, including legislative appropriations; interest on the well […]
46-2-24. Prehearing officer–Duties–Rulings. The Water Management Board member appointed as prehearing officer pursuant to § 1-41-15.3 may act on behalf of the board concerning prehearing motions, scheduling orders, and subpoenas. Any ruling of the prehearing officer may be appealed by the affected party to the board for a board ruling. The appeal to the board […]
46-2-3. Chief engineer–Employment–Advice to board. The secretary may employ a licensed engineer, trained or experienced in hydrology as chief engineer, and other personnel as may be necessary. The chief engineer shall act as adviser to the Water Management Board in all matters pertaining to the distribution and conservation of waters of the state as provided […]
46-2-3.1. Delegation of authority to chief engineer–Restrictions. The Water Management Board may delegate to the chief engineer authority to act on its behalf concerning the quasi-judicial functions of interpreting, applying, and enforcing existing rules and laws and ordering action or abatement of action. The board may not delegate any other quasi-judicial functions as defined in […]
46-2-4. Attorneys to advise board–Employment of other counsel. The attorney general shall assign one or more attorneys to advise the Water Management Board on legal matters and perform any and all legal duties necessary in connection with the board’s work. The board may also employ other legal counsel. Source: SL 1955, ch 430, §1; SDC […]
46-2-4.1. Attorneys to advise chief engineer. The attorney general shall assign one or more attorneys to advise the chief engineer in the exercise of his duties. No attorney may represent both the Water Management Board and the chief engineer during a hearing by the board. Source: SL 1983, ch 314, §17.
46-2-5. Rules to establish procedures and practices of board. The Water Management Board may promulgate rules pursuant to chapter 1-26 to: (1)Establish procedures for submitting applications; (2)Establish procedures and criteria for issuing, amending, renewing, qualifying, inspecting, reinstating, suspending, and cancelling permits, rights, and licenses; (3)Establish procedures and criteria for regulating water uses; (4)Establish practice requirements […]
46-2-7.1. Minutes and records of board actions. The Water Management Board shall keep accurate minutes and records of its actions. The records shall show in full all permits and licenses issued, together with all related action, and all acts or decisions of the board affecting any rights or claims to appropriate water. Source: SL 1983, […]
46-2-9. Powers, functions, and duties of board. The Water Management Board, created in §1-41-15, may perform all the duties and carry out all the functions assigned to it by law and shall have general supervision of the waters of the state, including measurement, appropriation, and distribution thereof, and may exercise any powers, functions, and duties […]
