South Dakota Code — 46
Browse 224 sections in division 46 of the South Dakota code. Each section page includes the full statutory text, official source links, and citation guidance.
Sections (showing up to 300)
- § 46-1-1. Use of water of state--Paramount interest of people--Conversion to public use.
- § 46-1-2. Development of water resources for public benefit.
- § 46-1-3. Water as property of people--Appropriation of right to use.
- § 46-1-4. Beneficial use of water resources--Prevention of waste--Right to water from natural stream or watercourse.
- § 46-1-5. Domestic use of water takes precedence over appropriative rights--Governmental use.
- § 46-1-6. Definition of terms.
- § 46-1-7. Standards of measurement--Flow of water--Volume of water--Miner's inch.
- § 46-1-8. Beneficial use--Measure and limit of right to use of waters.
- § 46-1-9. Vested rights defined.
- § 46-1-10. Vested rights acquired before July 1, 1955, validated.
- § 46-1-11. Violations of water use laws as misdemeanors--Civil fine in addition--Each day as separate violation--Exemption of board and commission actions.
- § 46-1-12. Suspension or cancellation of permit or license.
- § 46-1-13. Grant of water right for use outside state.
- § 46-1-14. Terms and conditions of permits and licenses--Amendment.
- § 46-1-15. Permit required for appropriation of waters.
- § 46-1-16. Authority of chief engineer to issue permits--Scheduling application.
- § 46-2-3. Chief engineer--Employment--Advice to board.
- § 46-2-3.1. Delegation of authority to chief engineer--Restrictions.
- § 46-2-4. Attorneys to advise board--Employment of other counsel.
- § 46-2-4.1. Attorneys to advise chief engineer.
- § 46-2-5. Rules to establish procedures and practices of board.
- § 46-2-7.1. Minutes and records of board actions.
- § 46-2-9. Powers, functions, and duties of board.
- § 46-2-11. Regulatory authority of board.
- § 46-2-13. Fees of department--Payment to state treasury to environment and natural resources fee fund.
- § 46-2-14. Experimental and observation stations.
- § 46-2-17. Chief engineer's general enforcement authority.
- § 46-2-18. Chief engineer's authority to order discontinuance of water use.
- § 46-2-19. Chief engineer's authority to enter property.
- § 46-2-20. Cooperation with United States agencies.
- § 46-2-21. County appropriations for geologic or groundwater studies.
- § 46-2-22. Enforcement dry-draw dam domestic use limitations restricted.
- § 46-2-23. Establishment of well rehabilitation and plugging subfund--Source of subfund--Expenditures--Unexpended funds--Uses of fund.
- § 46-2-24. Prehearing officer--Duties--Rulings.
- § 46-2A-1. Application of provisions of chapter.
- § 46-2A-2. Recommendation of chief engineer on application--Schedule of hearing.
- § 46-2A-3. Recommendation of chief engineer on application--Mailing to applicant--Duties of applicant.
- § 46-2A-4. Publication of application and recommendation of chief engineer--Time for publication--Contents of notice.
- § 46-2A-5. Postponement of hearing on application--Time for notice.
- § 46-2A-6. Service and filing of pleadings, petitions, and motions.
- § 46-2A-7. Approval or disapproval of permit, license, or amendment--Applications for groundwater source determined to be fully appropriated.
- § 46-2A-7.1. Notice of determination that groundwater source fully appropriated--Applications for future consideration.
- § 46-2A-7.2. Date of receipt--Incomplete application--One irrigation permit application per parcel.
- § 46-2A-7.3. Applications submitted prior to board decision that aquifer is fully appropriated or prior to July 1, 2014.
- § 46-2A-7.4. Priority list for future unappropriated water.
- § 46-2A-7.5. Public hearing to review groundwater source--Notice--Retention of eligibility by applicant.
- § 46-2A-7.6. Unappropriated water to be available to held applications based on priority.
- § 46-2A-7.7. Transfer of water permit application.
- § 46-2A-8. Time for completion of construction and use of water--Application for lesser amount of water or variance in periods of use.
- § 46-2A-8.1. Reinstatement of permit after expiration of time for construction--Application--Priority.
- § 46-2A-9. Appropriation of water--When permit may be issued.
- § 46-2A-10. Reservation for future use--When approval allowed.
- § 46-2A-11. Flood control works--When permit may be issued.
- § 46-2A-12. Amendment of permit or license--When granted.
- § 46-2A-13. Well driller or well pump installer license--Issuance by chief engineer--Procedure on denial or deferral of decision.
- § 46-2A-14. Application and permit refer to one water use system--Location to be stated.
- § 46-2A-15. Date of receipt of application recorded--Correction of application.
- § 46-2A-16. Validation of vested water right claim--Notice.
- § 46-2A-17. Hearing to oppose validation--Notice.
- § 46-2A-18. Abandonment of validated vested right.
- § 46-2A-19. Adjustment and validation of certain interstate water right claims.
- § 46-2A-20. Term limitation on water withdrawal from Madison formation in certain counties.
- § 46-2A-21. Deletion of term limitation under certain conditions--Cancellation or amendment of permit.
- § 46-2A-22. Correction of errors in published notice of vested right claims--Contents--Hearing only on filing of petition.
- § 46-2A-23. Publication of notice to determine opposition to application or recommendation of chief engineer--Petition to contest--Notice of hearing.
- § 46-3A-1. Repealed by SL 2012, ch 215, §§ 1 to 3.
- § 46-3A-4.1. Repealed by SL 2012, ch 215, §§ 4, 5.
- § 46-3A-8. Repealed by SL 2012, ch 215, §§ 6 to 28.
- § 46-4-1. Dry-draw on agricultural lands--Right to construct dam--Right or permit for dam on stream or dry-draw subject to prior appropriation.
- § 46-4-1.1. Nonnavigable stream--Right to construct and maintain dam.
- § 46-4-2. Upper users priority for domestic use--Exception--Contest resolution--Appeal.
- § 46-4-3. Location notice required--Filing.
- § 46-4-4. Location notice--Contents--Verification.
- § 46-4-5. Vested right to water from dry-draw.
- § 46-4-6. Time for construction and completion of dam.
- § 46-5-1. Natural flow of stream or spring--Restrictions on riparian use.
- § 46-5-1.1. Obstruction of navigable watercourse or interference with stage, level, or flow of public waters prohibited--Contests resolved by Water Management Board.
- § 46-5-1.2. Removal of obstructions built by beavers if lands flooded or water rights impaired.
- § 46-5-2. Nonnavigable stream--Right to construct and maintain dam.
- § 46-5-3. Natural spring forming part of stream--Right to appropriate flow from spring.
- § 46-5-4. Priority of appropriative rights granted since March 7, 1907.
- § 46-5-4.1. Validation of prior licenses.
- § 46-5-5. Waters flowing in definite stream subject to appropriation--Beneficial use--Excessive appropriation not allowed.
- § 46-5-6. Appropriation of water for irrigation--Limitation of amount.
- § 46-5-6.1. Restrictions on appropriation of Missouri River water for irrigation.
- § 46-5-6.11. Authority of chief engineer to issue appropriation permits.
- § 46-5-7. Priority of appropriation--Date of filing application.
- § 46-5-8. Permit not required for domestic use--Permit required for dams on streams or dry-draws--Registration of domestic wells.
- § 46-5-8.1. Permit issued by board to effectuate contract between district and energy industry user--Cancellation of permit or license.
- § 46-5-8.2. Permit required for water distribution system.
- § 46-5-9. Construction of works prior to obtaining permit to appropriate water prohibited.
- § 46-5-10. Appropriation of water--Application for permit required.
- § 46-5-11. Application--Information required.
- § 46-5-13. Diversion rate and amount allowed by permit.
- § 46-5-13.1. Change of location of diversion point.
- § 46-5-14. Water which may be reclaimed.
- § 46-5-15. Water diverted for municipal use--Issuance of permit--Contest and appeal.
- § 46-5-20.1. Legislative approval required for large-scale appropriation--Eminent domain powers denied for unauthorized appropriation.
- § 46-5-21.1. Permits for energy industry use--Period for application of water to beneficial use.
- § 46-5-24. Amendment or change of plans of construction or place of diversion.
- § 46-5-25. Diligent prosecution of construction work--Forfeiture of rights--Extension.
- § 46-5-26. Extension of time for completion of construction or application to beneficial use.
- § 46-5-30. Inspection of works by chief engineer before use--Authority to require changes.
- § 46-5-30.1. License issued by chief engineer.
- § 46-5-30.2. Limitations on rights given by permit or license.
- § 46-5-30.3. Sale or transfer of application, permit, or license--Notice to chief engineer.
- § 46-5-30.4. Amendment of permits or rights.
- § 46-5-30.5. Unpermitted acreage developed for irrigation--Requirement.
- § 46-5-31. Change of use or place of diversion.
- § 46-5-31.1. Abandoned permitted irrigation use--Stock watering permitted.
- § 46-5-32. Assignment of application, permit, or license.
- § 46-5-33. Irrigation application, permit, or right not assignable apart from land.
- § 46-5-34. Irrigation rights appurtenant to land--Amendment of permit required for severance and transfer.
- § 46-5-34.1. Transfer of irrigation rights apart from land--Restricted purposes--Protection of other users.
- § 46-5-36. Abandonment of use of water appurtenant to land--Public water subject to general appropriation.
- § 46-5-37. Failure to use beneficially appropriated water--Forfeiture for nonuse--Reversion to public.
- § 46-5-37.1. Abandonment or forfeiture of permits or rights--Recommendation of chief engineer for cancellation.
- § 46-5-37.2. Exceptions to forfeiture for nonuse.
- § 46-5-38. Future use of water--Entities entitled to reservation.
- § 46-5-38.1. Future use of water--Permit required for actual use--Review of future use permits.
- § 46-5-39. Temporary use permits--Authorization for.
- § 46-5-40. Temporary use permits--Cancellation.
- § 46-5-40.1. Temporary permits for use of public water for construction, testing, or drilling purposes--Term of permit--Qualifications and limitations.
- § 46-5-44. United States withdrawal of unappropriated waters--Cancellation.
- § 46-5-46. Unauthorized use or waste of water or violation of permit or license prohibited.
- § 46-5-47. Flood control--Permit required.
- § 46-5-48. Flood control--Emergency facilities authorized.
- § 46-5-49. Filing of vested right claim--Hearing--Mandatory filing--Waiver of right.
- § 46-5-50. Drip irrigation defined.
- § 46-5-51. Permit not required for drip irrigation.
- § 46-5-52. Noncommercial purposes defined.
- § 46-6-1. Vested rights defined.
- § 46-6-2. Filing of vested right claim by claimant of vested right to groundwater--Hearing--Mandatory filing--Waiver of right.
- § 46-6-3. Appropriation of groundwater authorized.
- § 46-6-3.1. Annual withdrawal of groundwater not to exceed recharge--Exception for water distribution systems.
- § 46-6-6. Collection, preservation, and publication of data on underground water.
- § 46-6-6.1. Rules and regulations governing large capacity wells--Criteria and contents.
- § 46-6-9. Well driller license--Fee--Issuance.
- § 46-6-9.1. Well driller or well pump installer license--Revocation.
- § 46-6-9.2. Well driller's license or well pump installer's license required for certain persons.
- § 46-6-9.3. Well pump installer license--Fee--Issuance.
- § 46-6-9.4. Certain persons exempt from well pump installer license requirements.
- § 46-6-9.5. Well pump installers and well drillers prohibited from performing certain acts without appropriate license.
- § 46-6-10. Wells to be constructed so as to prevent waste--Methods of construction, specification by board.
- § 46-6-11. Records of well construction required.
- § 46-6-12. Inspection of wells by chief engineer or state geologist.
- § 46-6-13. Measurement of flow and pressure of wells by chief engineer.
- § 46-6-14. Waste of water from large capacity well prohibited.
- § 46-6-15. Uncontrolled artesian well--Definition--Owner to notify board of size and location.
- § 46-6-16. Uncontrolled artesian well from oil and gas exploration--Notice to chief engineer.
- § 46-6-18. Plugging abandoned or forfeited well by owner--"Owner" defined.
- § 46-6-20. Rules and regulations of board relating to wells.
- § 46-6-21. Control of large capacity well required.
- § 46-6-24. Liability for damages to domestic and municipal wells.
- § 46-6-25. Domestic and municipal well protection--Enforceability--Fees and costs.
- § 46-6-26. Permits may be denied or conditioned to protect domestic or municipal wells or natural springs.
- § 46-6-27. Plugging, sealing, or capping abandoned wells required--Rules.
- § 46-6-28. Geological survey to plug unused wells.
- § 46-6-29. Plugging or controlling large capacity well by chief engineer--Costs.
- § 46-6-30. Order of chief engineer for proper construction or repair of well--Plugging or controlling well--Costs.
- § 46-6-31. Plugging or controlling well by chief engineer--Bidding provisions.
- § 46-7-1. Excess capacity of works--Availability for beneficial use.
- § 46-7-2. Headgates or other measuring devices required.
- § 46-7-3. Repair of works required--Rules.
- § 46-7-5. Inspection of works by chief engineer--Order for repair of unsafe works--Repair by chief engineer--Costs--Filing of written protest--Hearing--Liability of chief engineer and state.
- § 46-7-5.1. Repair of unsafe works by chief engineer--Cost as lien against property--Bidding provisions.
- § 46-7-5.2. Breach or repair of works by chief engineer to protect human life--Cost as lien against property--Other remedies.
- § 46-7-5.3. Investigation of dam--Variance relating to minimum spillway design requirements--Hearing.
- § 46-7-5.4. Definition of terms.
- § 46-7-5.5. Application to dams constructed before January 1, 1990--Owner and family sole residents--Determination of flood plain.
- § 46-7-5.6. Owner's reporting requirements where nonowner establishes habitation within flood plain.
- § 46-7-5.7. Privately owned high-hazard dam--Where chief engineer and state not obligated to secure safety thereof--Owner's affidavit upon refusal to correct unsafe condition.
- § 46-7-5.8. Requirements as to form and content of owner's affidavit.
- § 46-7-5.9. Board's acceptance of owner's affidavit--Conditions.
- § 46-7-5.10. Recording requirements as to owner's affidavit.
- § 46-7-5.11. Where privately owned high-hazard dam is subject to action by chief engineer and state.
- § 46-7-12. Willful damage, destruction, or interference with works prohibited.
- § 46-7-14. Unauthorized injury to or interference with pier, boom, or dam prohibited.
- § 46-7-15. Removal or injury of piles prohibited.
- § 46-8-1. Right of eminent domain for application or conveyance of water for beneficial use.
- § 46-8-1.1. Limit on exercise of right of eminent domain.
- § 46-8-1.2. Location of routes restricted.
- § 46-8-2. Permission required for entry on land for surveys--Liability for damages.
- § 46-8-2.1. Order of circuit court for entry on land.
- § 46-8-6. Multiple water conduits prohibited where single conduit sufficient.
- § 46-8-7. Plat of route for water conduit--Certification and recording.
- § 46-8-8. Right for location of route an easement.
- § 46-8-10. Reasonable access to land.
- § 46-8-16. Right to cross public or railroad right-of-way--Construction of bridges, culverts, or similar structures.
- § 46-8-18. Right to cross school and public lands--Notice to commissioner.
- § 46-10-1. Action for general adjudication of water or water use rights--When attorney general to bring.
- § 46-10-1.1. Procedure in actions for general adjudication.
- § 46-10-1.2. Orders in actions involving one hundred or more defendants.
- § 46-10-2. Jurisdiction and venue of action for general adjudication.
- § 46-10-2.1. Deposit of documents and orders with court.
- § 46-10-2.2. Documents and orders as prima facie evidence--Certified copies admissible.
- § 46-10-2.3. Powers and duties of court conducting general adjudication.
- § 46-10-3. Parties to action for general adjudication.
- § 46-10-3.1. Adding additional defendants as parties.
- § 46-10-3.2. Commencement of action for general adjudication--Service.
- § 46-10-3.3. Defendants numbering one hundred or more--Commencement of action--Service.
- § 46-10-3.4. Captioning complaint for general adjudication.
- § 46-10-4.1. Action to determine conflicting water or water use rights--Court's powers and duties--Caption of action.
- § 46-10-5. Action for general adjudication or to determine conflicting water rights--Copies of complaints mailed to Water Management Board.
- § 46-10-6. Action for general adjudication or to determine conflicting rights--Proof of notice of suit to water management board.
- § 46-10-7. Intervention by attorney general.
- § 46-10-8. Judgment in action for general adjudication or to determine conflicting rights--Certified copy filed with board.
- § 46-10-8.1. Appointment of water master to administer interim or final decree.
- § 46-10-13. Appeal to board from acts or decisions of water master--Appeal to circuit court.
- § 46-10A-1. Establishment of area--Petition of chief engineer.
- § 46-10A-2. Establishment of area--Petition of water right holders.
- § 46-10A-3. Identification of lands and waters in petition.
- § 46-10A-4. Hearing on petition--Publication and notice.
- § 46-10A-5. Approval of petition--When required.
- § 46-10A-6. Water master--Appointment--Agent of board.
- § 46-10A-7. Water master--Duties.
- § 46-10A-8. Water measuring devices--Order for installation.
- § 46-10A-9. Fee assessed--Maximum amount--Annual payment.
- § 46-10A-11. Violations of orders of board or water master.
- § 46-10A-12. Petition of chief engineer to abolish area, suspend operation, change boundaries, amend powers of or suspend water master, or adjust administration of area.
- § 46-10A-13. Petition as in § 46-10A-12 by water rights holders.
- § 46-10A-14. Hearing on petition under § 46-10A-12 or 46-10A-13--Publication and notice.
- § 46-10A-15. Approval of petition under § 46-10A-12 or 46-10A-13--When required.
- § 46-10A-16. Appeal from board actions relating to establishment or administration of area.