South Dakota § 46-5-40.1 - Temporary permits for use of public water for construction, testing, or drilling purposes--Term of permit--Qualifications and limitations.
Full text of South Dakota South Dakota Codified Laws § 46-5-40.1 — Temporary permits for use of public water for construction, testing, or drilling purposes--Term of permit--Qualifications and limitations., with citation guidance and answers to common questions.
§ 46-5-40.1. Temporary permits for use of public water for construction, testing, or drilling purposes--Term of permit--Qualifications and limitations.
The Water Management Board may promulgate rules to authorize the chief engineer to issue temporary permits for the use of public water for construction, testing, or drilling purposes. No temporary permit is valid after December thirty-one of the year in which the permit is issued. No temporary permit may be issued if the permit interferes with or adversely affects prior appropriations or vested rights. A temporary permit shall contain qualifications and limitations necessary to protect the public interest. The issuance of a temporary permit is permission to use public water on a temporary basis and does not grant any water rights.
Source: SL 1987, ch 328, § 5.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 46-5-40.1
What does South Dakota Codified Laws § 46-5-40.1 cover?
Section 46-5-40.1 ("Temporary permits for use of public water for construction, testing, or drilling purposes--Term of permit--Qualifications and limitations.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 46-5-40.1?
A common citation format is "South Dakota Codified Laws § 46-5-40.1" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 46-5-40.1 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.