South Dakota § 46-6-6.1 - Rules and regulations governing large capacity wells--Criteria and contents.

§ 46-6-6.1. Rules and regulations governing large capacity wells--Criteria and contents.

In addition to powers otherwise provided the Water Management Board shall promulgate rules pursuant to chapter 1-26 controlling the location and capacity of irrigation, industrial, municipal, and other large capacity wells for the purpose of ensuring or protecting water for reasonable domestic use, without the necessity of requiring maintenance of artesian head pressure in a domestic use well. In addition the rules shall provide:

(1)    For regulation of the use of large capacity wells in the degree necessary to maintain an adequate depth of water for reasonable domestic needs and for a prior appropriator at his point of diversion, in wells which meet minimum well construction standards;

(2)    For minimum construction standards for all wells in South Dakota which standards shall be based upon the ability of a well to produce water independent of artesian pressure;

(3)    For regulation so the waste or deterioration of the quantity of groundwater through surface or underground leakage will be minimal;

(4)    Standard which will provide for lowering of a water lift mechanism to a depth near the bottom of the groundwater supply or, in artesian water to a substantial depth below the geological formation confining the groundwater; and

(5)    For regulation which will provide for a reasonable life of all wells.

Source: SL 1955, ch 431, § 1; SDC Supp 1960, § 61.0402; SDCL, § 46-6-6; SL 1972, ch 237, § 6; SL 1993, ch 256, § 58.