reglab/housing_qa huggingface dataset:
SD Codified L § 46-2-24 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 02 - Water Management Board And Chief Engineer|Section 46-2-24 - Prehearing officer--Duties--Rulings.

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 shall be filed with the prehearing officer within ten days of the date of the prehearing officer's ruling or prior to the next board meeting if the meeting is less than ten days from the date of the prehearing officer's ruling. The prehearing officer may defer a ruling directly to the board. Source: SL 2021, ch 13, § 2; SL 2021, ch 1 (Ex. Ord. 21-3), § 52, eff. Apr. 19, 2021.
SD Codified L § 46-2A-1 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 02A - Administrative Procedure For Appropriation Of Water|Section 46-2A-1 - Application of provisions of chapter.

46-2A-1. Application of provisions of chapter.The provisions of this chapter apply to any application for:(1)A permit to appropriate water;(2)An amendment of an existing permit or license, including change in use of water or change in place of use or diversion point of water;(3)A reservation for future use;(4)A permit for flood control;(5)A well driller license;(5A)A well pump installer license;(6)Reinstatement of a permit;(7)A vested right claim; and(8)Other cases as may be specified by statute. Source: SL 1983, ch 316, §1; SL 1985, ch 345, §2; SL 1986, ch 363, §4; SL 2001, ch 241, §1.
SD Codified L § 46-2A-2 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 02A - Administrative Procedure For Appropriation Of Water|Section 46-2A-2 - Recommendation of chief engineer on application--Schedule of hearing.

46-2A-2. Recommendation of chief engineer on application--Schedule of hearing.Within sixty days of receipt of a completed application, the chief engineer shall recommend in writing approval, disapproval or deferral until further notice and shall schedule the application for hearing by the Water Management Board. The recommendation shall include any terms, conditions, restrictions, qualifications, quantifications, or limitations on perpetuity which are consistent with this chapter, necessary to protect the public interest and related to matters within the jurisdiction of the chief engineer or the board. Source: SL 1983, ch 316, §4.
SD Codified L § 46-2A-3 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 02A - Administrative Procedure For Appropriation Of Water|Section 46-2A-3 - Recommendation of chief engineer on application--Mailing to applicant--Duties of applicant.

46-2A-3. Recommendation of chief engineer on application--Mailing to applicant--Duties of applicant.In all cases except applications for a well driller license or a well pump installer license, the chief engineer shall mail a copy of the recommendation to the applicant and, if the recommendation is to approve or defer the application, a copy of the newspaper notice to be published and the times when it is to be published. If the recommendation is to deny the application, the applicant within twenty days of the date the recommendation was mailed shall state in writing whether the applicant intends to oppose the recommendation at a hearing before the Water Management Board. Failure to submit a statement of intent to oppose a recommendation to deny to the chief engineer constitutes a withdrawal of the application. If the applicant chooses to oppose the recommendation, the chief engineer shall provide the applicant notice of the hearing to be published pursuant to the provisions of §46-2A-4. Any cost of publication shall be borne by the applicant. Source: SL 1983, ch 316, §5; SL 2001, ch 241, §2.
SD Codified L § 46-2A-5 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 02A - Administrative Procedure For Appropriation Of Water|Section 46-2A-5 - Postponement of hearing on application--Time for notice.

46-2A-5. Postponement of hearing on application--Time for notice. The applicant or any person who has filed a petition to oppose an application, may file a written notice to the chief engineer requesting a postponement of the date set for hearing on the application. Upon receipt of the written notice, the chief engineer shall cancel the original hearing on the application and reschedule the application for hearing by the Water Management Board not less than twenty days after the published date for hearing. The notice shall be filed within ten days of the published notice as provided for by §§ 46-2A-4 and 46-2A-23. Source: SL 1983, ch 316, §11; SL 2021, ch 192, § 2.
SD Codified L § 46-2A-6 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 02A - Administrative Procedure For Appropriation Of Water|Section 46-2A-6 - Service and filing of pleadings, petitions, and motions.

46-2A-6. Service and filing of pleadings, petitions, and motions. The originals of all pleadings, including petitions to contest, petitions to intervene, and motions, shall be filed with the chief engineer and served upon other parties, either personally or by mail. The chief engineer shall provide copies to all Water Management Board members. Service and filing by mail shall be deemed complete upon mailing. Any comment filed pursuant to subdivision 46-2A-4(7) shall be provided by the chief engineer to all Water Management Board members and become part of the public record. Source: SL 1983, ch 316, §12; SL 2021, ch 192, § 3.
SD Codified L § 46-2A-7 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 02A - Administrative Procedure For Appropriation Of Water|Section 46-2A-7 - Approval or disapproval of permit, license, or amendment--Applications for groundwater source determined to be fully appropriated.

46-2A-7. Approval or disapproval of permit, license, or amendment--Applications for groundwater source determined to be fully appropriated.If the Water Management Board determines, based upon the evidence presented at the hearing, that the applicable requirements for the permit, license, or amendment have been met, it shall approve the permit, license, or amendment. If the board determines that the requirements have not been met or that the evidence is insufficient to support a determination, it shall disapprove the application or defer it for further study. The chief engineer shall hold an application submitted on or after July 1, 2014, to appropriate water from a groundwater source determined to be fully appropriated by the board pursuant to §46-6-3.1 only as provided in §§46-2A-7.1 to 46-2A-7.7, inclusive. Source: SL 1983, ch 316, §13; SL 2014, ch 214, §1.
SD Codified L § 46-2A-7.1 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 02A - Administrative Procedure For Appropriation Of Water|Section 46-2A-7.1 - Notice of determination that groundwater source fully appropriated--Applications for future consideration.

46-2A-7.1. Notice of determination that groundwater source fully appropriated--Applications for future consideration.If the board determines a groundwater source to be fully appropriated pursuant to §46-6-3.1, the chief engineer shall publish a notice within thirty days of the board's final decision at least once in at least one official newspaper in each county where the groundwater source is located. For any groundwater source determined to be fully appropriated by the board prior to July 1, 2014, notice shall also be published as provided by this section. If the official newspaper is a weekly newspaper, the notice shall also be published at least once in a daily newspaper serving the general area where the groundwater source is located and posted on the department's website until the thirty day application period is completed. The public notice shall describe the decision of the board and provide notice of a thirty day application period during which the chief engineer shall accept and hold for future consideration applications to appropriate water from the groundwater source specified in the public notice. Source: SL 2014, ch 214, §2.
SD Codified L § 46-2A-7.2 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 02A - Administrative Procedure For Appropriation Of Water|Section 46-2A-7.2 - Date of receipt--Incomplete application--One irrigation permit application per parcel.

46-2A-7.2. Date of receipt--Incomplete application--One irrigation permit application per parcel.The date of receipt affixed to any application submitted pursuant to §46-2A-7.1 shall be the date of the thirtieth day of the thirty day application period. An incomplete application will be returned to the applicant with notification of the deficiencies. The applicant has thirty days from the date the application is returned to complete and resubmit the application to retain the common priority date assigned to all of the applications. Any application received after the date of the board's decision and prior to the commencement of the thirty day application period shall assume the same priority date assigned to applications submitted during the thirty day application period. The chief engineer shall also accept and hold any application submitted after the thirty day application period but such an application shall take a priority date as of the date of receipt of the application. No more than one irrigation permit application may be accepted for the same acreage. Source: SL 2014, ch 214, §3.
SD Codified L § 46-2A-7.3 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 02A - Administrative Procedure For Appropriation Of Water|Section 46-2A-7.3 - Applications submitted prior to board decision that aquifer is fully appropriated or prior to July 1, 2014.

46-2A-7.3. Applications submitted prior to board decision that aquifer is fully appropriated or prior to July 1, 2014.Any application submitted prior to the board's decision that an aquifer is fully appropriated pursuant to §46-6-3.1 or prior to July 1, 2014, is not eligible to be included in the process established by §§46-2A-7.1 to 46-2A-7.7, inclusive, and shall be considered by the board for final action. The board may approve, deny, or defer those applications for further study. Source: SL 2014, ch 214, §4.
SD Codified L § 46-2A-7.4 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 02A - Administrative Procedure For Appropriation Of Water|Section 46-2A-7.4 - Priority list for future unappropriated water.

46-2A-7.4. Priority list for future unappropriated water.From the list of complete applications submitted pursuant to §46-2A-7.1 and assigned a common priority date, the board shall create a priority list using a random selection process to be determined by the board. The priority list determines the order of eligibility for any unappropriated water the board may determine is available at a future date. Establishing the priority of each application by the board shall be scheduled no later than the second regularly scheduled board meeting following expiration of the thirty day application period. Source: SL 2014, ch 214, §5.
SD Codified L § 46-2A-7.5 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 02A - Administrative Procedure For Appropriation Of Water|Section 46-2A-7.5 - Public hearing to review groundwater source--Notice--Retention of eligibility by applicant.

46-2A-7.5. Public hearing to review groundwater source--Notice--Retention of eligibility by applicant.For any groundwater source determined to be fully appropriated pursuant to §46-6-3.1, the board shall hold a public hearing to review the groundwater source, all permits appropriating water from that source, and all held applications at least once every five years to determine whether unappropriated water is available. The chief engineer shall publish notice of the hearing at least once in at least one official newspaper in each county where the groundwater source is located. If the official newspaper is a weekly newspaper, the notice shall also be published at least once in a daily newspaper serving the general area where the groundwater source is located and posted on the department's website until the public hearing is completed. The chief engineer shall also provide notice of the five-year review and hearing to the address included in each applicant's file. Each applicant shall notify the chief engineer in writing within thirty days of receipt of the notice whether the applicant desires to retain eligibility to appropriate any water that the board may determine is available through its review of the aquifer. A fee equal to ten percent of their original application fee shall also be remitted to the chief engineer to retain eligibility. Failure of the applicant to notify the chief engineer in writing or remit the fee constitutes withdrawal of the held application. Source: SL 2014, ch 214, §6.
SD Codified L § 46-2A-7.6 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 02A - Administrative Procedure For Appropriation Of Water|Section 46-2A-7.6 - Unappropriated water to be available to held applications based on priority.

46-2A-7.6. Unappropriated water to be available to held applications based on priority.If the board determines that unappropriated water has become available from a fully appropriated groundwater source during the five-year review under §46-2A-7.5, the board shall make the unappropriated water available to the applications being held by the chief engineer based on the priority established in §§46-2A-7.2 and 46-2A-7.4. The chief engineer shall process held applications in accordance with the notice provisions pursuant to chapter 46-2A until such time the board determines the groundwater source to again be fully appropriated in accordance with §46-6-3.1. Any remaining applications shall continue to be held by the chief engineer for future five-year reviews by the board. If there is remaining unappropriated water available after processing all held applications, the remaining unappropriated water is subject to general appropriation as provided by law. Source: SL 2014, ch 214, §7.
SD Codified L § 46-2A-7.7 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 02A - Administrative Procedure For Appropriation Of Water|Section 46-2A-7.7 - Transfer of water permit application.

46-2A-7.7. Transfer of water permit application.No water permit application approved by the board pursuant to §46-2A-7.6 may be transferred until the water has been placed to beneficial use as specified in the permit. For a permit to irrigate, no transfer of water or acreage may be approved for an amount of water or acres greater than the amount developed at the original site. Source: SL 2014, ch 214, §8.
SD Codified L § 46-2A-8 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 02A - Administrative Procedure For Appropriation Of Water|Section 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. Time for completion of construction and use of water--Application for lesser amount of water or variance in periods of use.Any construction necessary to put the water to beneficial use shall be completed within five years of approval of the permit and the water shall be put to beneficial use within an additional four years. The Water Management Board may, in its discretion, approve any application for a lesser amount of water or may vary the periods of annual use and the permit to appropriate water shall be regarded as limited accordingly. Source: SL 1983, ch 316, §16.
SD Codified L § 46-2A-8.1 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 02A - Administrative Procedure For Appropriation Of Water|Section 46-2A-8.1 - Reinstatement of permit after expiration of time for construction--Application--Priority.

46-2A-8.1. Reinstatement of permit after expiration of time for construction--Application--Priority.The Water Management Board may reinstate any water permit with a priority date after March 31, 1977, if unappropriated water is available and construction necessary to put water to beneficial use was not completed pursuant to §46-2A-8 or 46-5-26. Any application under this section shall be made within three years of the expiration of the original construction period pursuant to chapter 46-2A. The priority date for the application to reinstate a permit shall be the date the application to reinstate is filed. Source: SL 1985, ch 345, §3; SL 1996, ch 263, §1.
SD Codified L § 46-2A-9 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 02A - Administrative Procedure For Appropriation Of Water|Section 46-2A-9 - Appropriation of water--When permit may be issued.

46-2A-9. Appropriation of water--When permit may be issued. A permit to appropriate water may only be issued if there is reasonable probability that unappropriated water is available for the applicant's proposed use, the proposed diversion can be developed without unlawful impairment of existing domestic water uses and water rights, the proposed use is a beneficial use, and the permit is in the public interest as it pertains to matters of public interest within the regulatory authority of the Water Management Board as defined by §§ 46-2-9 and 46-2-11. Source: SL 1983, ch 316, §18; SL 2021, ch 192, § 4.
SD Codified L § 46-2A-10 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 02A - Administrative Procedure For Appropriation Of Water|Section 46-2A-10 - Reservation for future use--When approval allowed.

46-2A-10. Reservation for future use--When approval allowed.A reservation for a future use may be approved only if there is a reasonable probability that unappropriated water is available for appropriation, that the quantity of water reserved will be needed by the entity and that the proposed use will be a beneficial use and in the public interest. Source: SL 1983, ch 316, §19.
SD Codified L § 46-2A-11 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 02A - Administrative Procedure For Appropriation Of Water|Section 46-2A-11 - Flood control works--When permit may be issued.

46-2A-11. Flood control works--When permit may be issued.A permit for flood control works may be issued only if the project will reduce the damage from flooding or erosion in the area proposed to be benefited, the project will not increase the likelihood or the severity of flood damages in areas other than the project area or the area proposed to be benefited, the project will not endanger human life or property and the project will not impair existing water rights, except to the extent that such rights are extinguished or compensated through agreement or exercise of the power of eminent domain. Source: SL 1983, ch 316, §20.
SD Codified L § 46-2A-12 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 02A - Administrative Procedure For Appropriation Of Water|Section 46-2A-12 - Amendment of permit or license--When granted.

46-2A-12. Amendment of permit or license--When granted.An amendment of an existing permit or license may be granted for a change in use, a change in point of diversion or other change only if the change does not unlawfully impair existing rights and is for a beneficial use and in the public interest. Source: SL 1983, ch 316, §21.
SD Codified L § 46-2A-13 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 02A - Administrative Procedure For Appropriation Of Water|Section 46-2A-13 - Well driller or well pump installer license--Issuance by chief engineer--Procedure on denial or deferral of decision.

46-2A-13. Well driller or well pump installer license--Issuance by chief engineer--Procedure on denial or deferral of decision.In the case of an application for a well driller license or a well pump installer license, the chief engineer may issue the license. If the chief engineer's recommendation is to deny the license or to defer the decision on the license, the chief engineer shall mail a copy of the recommendation to the applicant with a statement of the reasons for the recommendation and the time and place of the hearing before the Water Management Board on the recommendation, in accordance with the provisions of chapter 1-26. Source: SL 1983, ch 316, §10; SL 2001, ch 241, §4.
SD Codified L § 46-2A-14 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 02A - Administrative Procedure For Appropriation Of Water|Section 46-2A-14 - Application and permit refer to one water use system--Location to be stated.

46-2A-14. Application and permit refer to one water use system--Location to be stated.Any application and permit to appropriate water shall refer to one water use system, the location of which shall be described in the application. Source: SL 1955, ch 430, §1; SL 1957, ch 490, §1; SDC Supp 1960, §61.0110; SDCL, §46-5-12; SL 1983, ch 316, §3; SL 1985, ch 345, §5.
SD Codified L § 46-2A-15 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 02A - Administrative Procedure For Appropriation Of Water|Section 46-2A-15 - Date of receipt of application recorded--Correction of application.

46-2A-15. Date of receipt of application recorded--Correction of application.The date of receipt by the chief engineer of an application for any permit, license, or amendment under Title 46 shall be endorsed thereon. If the chief engineer determines that the application is defective in form or incomplete, it shall be returned to the applicant with a statement of the corrections, amendments, or changes required within thirty days after its receipt. Sixty days from the date the application is returned shall be allowed for refiling. If refiled, with corrections made as required within sixty days, the application shall take priority as of the date of its original filing. Any corrected application filed after the sixty-day time allowed shall be treated in all respects as an original application received on the date of its refiling. Source: SDC 1939, §61.0123; SL 1955, ch 430, §1; SDC Supp 1960, §61.0111; SDCL, §46-5-16; SL 1983, ch 316, §2; SL 1985, ch 345, §7.
SD Codified L § 46-2A-16 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 02A - Administrative Procedure For Appropriation Of Water|Section 46-2A-16 - Validation of vested water right claim--Notice.

46-2A-16. Validation of vested water right claim--Notice.Any claim for vested rights as defined in §46-1-9 or 46-6-1 that has been accepted for filing by the chief engineer or Board of Water Management, prior to July 1, 1986, is eligible for validation. The chief engineer shall prepare a list based on the point of diversion of these vested rights on a county-by-county basis. By July 31, 1988, the chief engineer shall cause to be published once a week for two consecutive weeks in a newspaper of general circulation in each county a notice of these vested rights in the county in which the notice is published. The notice shall include the following:(1)The name and address of these vested right holders;(2)The legal description of the diversion points and, if the water is used for irrigation purposes, the legal description of the land on which the water has been used;(3)The source of water;(4)A statement that any person who wishes to oppose validation of any such vested right shall, within ninety days of the date of the last publication, file a petition of intent to oppose the validation with the department and with the vested right holder; and(5)A statement that any interested person may obtain a copy of the chief engineer's vested right list for other counties from the department.A copy of each notice published in a county shall be mailed by the chief engineer by first class mail to all known water right or water permit holders in that county. No hearing may be scheduled unless a petition of intent to oppose is filed. Source: SL 1986, ch 363, §1.