reglab/housing_qa huggingface dataset:
SD Codified L § 46-5-34.1 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 05 - Appropriation Of Water|Section 46-5-34.1 - Transfer of irrigation rights apart from land--Restricted purposes--Protection of other users.

46-5-34.1. Transfer of irrigation rights apart from land--Restricted purposes--Protection of other users.The provisions of §§46-5-33 and 46-5-34 notwithstanding, irrigation rights may be transferred apart from the land to which they are appurtenant if they are transferred for domestic use or use within a water distribution system. Such irrigation rights may be transferred or leased in whole or in part and may be acquired only through the exercise of powers possessed independently of this section. No transfer, however, may be approved by the Water Management Board unless the transfer can be made without detriment to existing rights having a priority date before July 1, 1978, or to individual domestic users. No land which has had an irrigation right transferred from it pursuant to this section, may qualify for another irrigation right from any water source. Source: SL 1978, ch 320; SL 1983, ch 314, §65; SL 1989, ch 383; SL 1992, ch 314; SL 1994, ch 345.
SD Codified L § 46-5-36 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 05 - Appropriation Of Water|Section 46-5-36 - Abandonment of use of water appurtenant to land--Public water subject to general appropriation.

46-5-36. Abandonment of use of water appurtenant to land--Public water subject to general appropriation.If the owner of the land to which water has become appurtenant abandons the use of such water upon such land, such water shall become public water, subject to general appropriation. Source: SDC 1939, §61.0141; SL 1955, ch 430, §1; SDC Supp 1960, §61.0128.
SD Codified L § 46-5-37 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 05 - Appropriation Of Water|Section 46-5-37 - Failure to use beneficially appropriated water--Forfeiture for nonuse--Reversion to public.

46-5-37. Failure to use beneficially appropriated water--Forfeiture for nonuse--Reversion to public.If any person entitled to the use of appropriated water fails to use beneficially any part of the water for the purpose for which it was appropriated, for a period of three years, the unused water shall revert to the public and shall be regarded as unappropriated public water. Source: SDC 1939, §61.0139; SL 1955, ch 430, §1; SDC Supp 1960, §61.0125; SL 2011, ch 165, §269.
SD Codified L § 46-5-37.1 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 05 - Appropriation Of Water|Section 46-5-37.1 - Abandonment or forfeiture of permits or rights--Recommendation of chief engineer for cancellation.

46-5-37.1. Abandonment or forfeiture of permits or rights--Recommendation of chief engineer for cancellation.Upon the initiative of the chief engineer or upon petition by any interested person and after reasonable notice to the holder of the right or permit, if the holder can be located, the chief engineer may investigate whether or not a water permit or right has been abandoned or forfeited. After the investigation, the chief engineer may recommend cancellation of the permit or right for reason of abandonment or forfeiture. The recommendation, notice, and hearing shall be conducted pursuant to the procedure contained in chapter 46-2A. Source: SL 1983, ch 314, §69; SL 2011, ch 165, §270.
SD Codified L § 46-5-37.2 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 05 - Appropriation Of Water|Section 46-5-37.2 - Exceptions to forfeiture for nonuse.

46-5-37.2. Exceptions to forfeiture for nonuse.The provisions of §46-5-37 notwithstanding, no water right or permit may be forfeited for nonuse if land authorized for irrigation by a permit or right is placed under an acreage reserve or production quota program or otherwise withdrawn from use as required for participation in any federal program, if the water source is not fully appropriated, if the withdrawal from use does not prevent approval of new permits from the same source, and if the appropriated water has been applied to beneficial irrigation use prior to participation in a federal program. Source: SL 1989, ch 384.
SD Codified L § 46-5-38 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 05 - Appropriation Of Water|Section 46-5-38 - Future use of water--Entities entitled to reservation.

46-5-38. Future use of water--Entities entitled to reservation.The following entities may reserve water for contemplated future needs upon a showing of availability of unappropriated water and future need pursuant to procedures set forth in chapter 46-2A:(1)A state institution, facility, or agency;(2)A municipality as defined in §9-1-1;(3)The South Dakota Conservancy District or a water development district as defined in §46A-2-4;(4)A water user district as defined in §46A-9-2;(5)A nonprofit rural water supply company as defined in §10-36A-1 engaged in the treatment, distribution, and sale of water primarily for domestic purposes to a rural area. The term "rural area" may include a municipality;(6)A sanitary district as defined in chapter 34A-5;(7)An irrigation district as defined in chapter 46A-4; and(8)A water project district as defined in chapter 46A-18. Source: SL 1955, ch 430, §1; SDC Supp 1960, §61.0122; SL 1961, ch 456; SL 1966, ch 259, §3; SL 1978, ch 322; SL 1983, ch 314, §70; SL 1984 (SS), ch 1, §60.
SD Codified L § 46-5-38.1 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 05 - Appropriation Of Water|Section 46-5-38.1 - Future use of water--Permit required for actual use--Review of future use permits.

46-5-38.1. Future use of water--Permit required for actual use--Review of future use permits.Water Management Board approval of an application to appropriate water for future use is a reservation of a definite amount of water with a specified priority date and is not a grant of authority to construct the works or to put the water to beneficial use. Before the time that the holder of a future use permit initiates construction of the works and puts water to beneficial use, the holder shall file an application for a water permit pursuant to the procedure contained in chapter 46-2A. If the holder of the future use permit is granted a water permit to develop only a portion of the water reserved by the future use permit, the holder shall apply for and receive an additional water permit, or permits, before developing and using the remaining water reserved in the future use permit. Permits for future uses shall be reviewed by the board every seven years and are subject to cancellation if the board determines that the permit holder cannot demonstrate a reasonable need for a future use permit. Source: SL 1983, ch 314, §71; SL 2011, ch 165, §271.
SD Codified L § 46-5-39 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 05 - Appropriation Of Water|Section 46-5-39 - Temporary use permits--Authorization for.

46-5-39. Temporary use permits--Authorization for.Before an entity described in §46-5-38 is ready to use part or all of the water subject to a future use permit or permits, temporary appropriations may be made of the water. Any person desiring to appropriate the water shall make an application to the chief engineer for a temporary permit pursuant to the procedure contained in chapter 46-2A. Source: SL 1955, ch 430, §1; SDC Supp 1960, §61.0122; SL 1961, ch 456; SL 1966, ch 259, §3; SL 1983, ch 314, §72.
SD Codified L § 46-5-40 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 05 - Appropriation Of Water|Section 46-5-40 - Temporary use permits--Cancellation.

46-5-40. Temporary use permits--Cancellation.The chief engineer may not cancel a temporary use permit with less than six months notice to the permit holder. In no case may a temporary use permit be cancelled prior to the time at which facilities are constructed and water may be put to beneficial use by an entity described in §46-5-38 holding a permit under the provisions of §46-5-38.1. No person may acquire any right under a temporary permit to the use of water beyond the time of cancellation of the temporary use permit. Source: SL 1955, ch 430, §1; SDC Supp 1960, §61.0122; SL 1961, ch 456; SL 1966, ch 259, §3; SL 1983, ch 314, §73.
SD Codified L § 46-5-40.1 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 05 - Appropriation Of Water|Section 46-5-40.1 - Temporary permits for use of public water for construction, testing, or drilling purposes--Term of permit--Qualifications and limitations.

46-5-40.1. 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.
SD Codified L § 46-5-44 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 05 - Appropriation Of Water|Section 46-5-44 - United States withdrawal of unappropriated waters--Cancellation.

46-5-44. United States withdrawal of unappropriated waters--Cancellation.As soon as the Water Management Board is satisfied that the construction of works by the United States subject to a United States withdrawal approved prior to July 1, 1983, is no longer contemplated, it shall cancel its withdrawal of those waters from appropriation and the waters again shall be subject to general appropriation. Source: SDC 1939, §61.0137; SL 1955, ch 430, §1; SDC Supp 1960, §61.0123; SL 1983, ch 314, §77.
SD Codified L § 46-5-46 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 05 - Appropriation Of Water|Section 46-5-46 - Unauthorized use or waste of water or violation of permit or license prohibited.

46-5-46. Unauthorized use or waste of water or violation of permit or license prohibited.No person may engage in unauthorized use of water, may waste water, or may violate the terms or conditions of a permit or license to appropriate water. Source: SDC 1939, §§61.9907, 61.9910; SL 1965, ch 304, §2; SL 1981, ch 316, §2; SL 1983, ch 314, §79.
SD Codified L § 46-5-47 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 05 - Appropriation Of Water|Section 46-5-47 - Flood control--Permit required.

46-5-47. Flood control--Permit required.No person may construct facilities on any watercourse to control floods for the purpose of preventing or alleviating damage without a permit issued pursuant to the procedure contained in chapter 46-2A. The permit may be approved subject to conditions deemed necessary, including conditions to safeguard water supplies for existing water permits and licenses, to assure the safety of works, and to prevent damage to property. No person may construct works in a manner not approved in the permit for those works. This section applies only to watercourses whose flow exceeds that of a dry-draw as defined in subdivision 46-1-6(8). Source: SL 1983, ch 314, §80; SL 2011, ch 165, §272.
SD Codified L § 46-5-48 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 05 - Appropriation Of Water|Section 46-5-48 - Flood control--Emergency facilities authorized.

46-5-48. Flood control--Emergency facilities authorized.Section 46-5-47 does not apply to temporary emergency facilities constructed for the immediate protection of life or property. The chief engineer shall be promptly notified of the construction of such emergency facilities. Source: SL 1983, ch 314, §81.
SD Codified L § 46-5-49 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 05 - Appropriation Of Water|Section 46-5-49 - Filing of vested right claim--Hearing--Mandatory filing--Waiver of right.

46-5-49. Filing of vested right claim--Hearing--Mandatory filing--Waiver of right.Any person claiming to be owner of a vested right to appropriate water from any surface water source for beneficial use other than domestic use as defined in subdivision §46-1-6(7), may file with the chief engineer a vested right claim in a form and manner prescribed by the Board of Water Management. The claim shall set forth the amount of water used, when the water was used, purpose of use, the location of the diversion works and, if the water has been used for irrigation purposes, the legal description of the land upon which the water has been used, and the name of the owner of the land. The claim shall be signed under oath and shall be either from the claimant's own personal knowledge or on information and belief. The hearing on the vested right claim shall be conducted pursuant to the procedures contained in chapter 46-2A. If, in the course of an investigation conducted by the chief engineer pursuant to subdivision 46-2-17(1), a person asserts the existence of a vested water right, the chief engineer may require that person to file a vested right claim within ninety days pursuant to this section. Failure to file in the absence of such a requirement by the chief engineer does not constitute a waiver of a vested water right. Source: SL 1986, ch 363, §5.
SD Codified L § 46-5-50 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 05 - Appropriation Of Water|Section 46-5-50 - Drip irrigation defined.

46-5-50. Drip irrigation defined.For purposes of §46-5-51, the term, drip irrigation, means a planned irrigation system in which water is applied directly to the root zone of plants by means of applicators, such as orifices, emitters, porous tubing, or perforated pipe, that are operated under low pressure and are placed on or below the surface of the ground. Source: SL 1990, ch 358, §1; SL 2011, ch 165, §273.
SD Codified L § 46-5-51 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 05 - Appropriation Of Water|Section 46-5-51 - Permit not required for drip irrigation.

46-5-51. Permit not required for drip irrigation.A permit to appropriate water, pursuant to §§46-1-15 and 46-5-10, is not required for drip irrigation, as defined in §46-5-50, if the drip irrigation meets the following conditions:(1)The irrigation is for noncommercial purposes; and(2)Use of water does not exceed eighteen gallons per minute. Source: SL 1990, ch 358, §2; SL 1996, ch 263, §4.
SD Codified L § 46-5-52 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 05 - Appropriation Of Water|Section 46-5-52 - Noncommercial purposes defined.

46-5-52. Noncommercial purposes defined.For purposes of §46-5-51, the term, noncommercial purposes, means tree plantings specifically for conservation purposes, excluding trees planted for ornamental or commercial purposes. Source: SL 1990, ch 358, §3.
SD Codified L § 46-6-1 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 06 - Groundwater And Wells|Section 46-6-1 - Vested rights defined.

46-6-1. Vested rights defined.The term, vested rights, as used in this chapter, means:(1)Beneficial uses of groundwater under diversions and applications of water before February 28, 1955;(2)The right to take and use groundwater for beneficial purposes if an owner or lawful agent was engaged in the construction of works for the actual application of water to a beneficial use on February 28, 1955, if the works are completed and water is actually applied for such use within a reasonable time after that date. Source: SL 1955, ch 431, §1; SDC Supp 1960, §61.0401 (11); SL 2011, ch 165, §274.
SD Codified L § 46-6-2 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 06 - Groundwater And Wells|Section 46-6-2 - Filing of vested right claim by claimant of vested right to groundwater--Hearing--Mandatory filing--Waiver of right.

46-6-2. Filing of vested right claim by claimant of vested right to groundwater--Hearing--Mandatory filing--Waiver of right.Any person claiming to be the owner of a vested right to appropriate water from any underground source for beneficial use other than for domestic use as defined by subdivision §46-1-6(7) may file a vested right claim with the chief engineer in a form and manner prescribed by the Board of Water Management. The claim shall set forth the amount of water used, when the water was used, purpose of use, the location of the well and, if the water has been used for irrigation purposes, the legal description of the land upon which the water has been used and the name of the owner of the land. The claim shall be signed under oath, and shall be either from the claimant's own personal knowledge or on information and belief. The hearing on the vested right claim shall be conducted pursuant to the procedures contained in chapter 46-2A. If, in the course of an investigation conducted by the chief engineer pursuant to subdivision 46-2-17(1), a person asserts the existence of a vested water right, the chief engineer may require that person to file a vested right claim within ninety days pursuant to this section. Failure to file in the absence of such a requirement by the chief engineer does not constitute a waiver of a vested water right. Source: SL 1955, ch 431, §1; SDC Supp 1960, §61.0403; SL 1983, ch 314, §91; SL 1986, ch 363, §6.
SD Codified L § 46-6-3 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 06 - Groundwater And Wells|Section 46-6-3 - Appropriation of groundwater authorized.

46-6-3. Appropriation of groundwater authorized.Subject to vested rights and prior appropriations, groundwaters of the state may be appropriated pursuant to the procedures contained in chapter 46-2A. Source: SL 1955, ch 431, §1; SDC Supp 1960, §61.0404; SL 1971, ch 252, §1; SL 1972, ch 237, §5; SL 1973, ch 279, §2; SL 1977, ch 364, §7; SL 1978, ch 319, §2; SL 1983, ch 314, §92.
SD Codified L § 46-6-3.1 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 06 - Groundwater And Wells|Section 46-6-3.1 - Annual withdrawal of groundwater not to exceed recharge--Exception for water distribution systems.

46-6-3.1. Annual withdrawal of groundwater not to exceed recharge--Exception for water distribution systems.No application to appropriate groundwater may be approved if, according to the best information reasonably available, it is probable that the quantity of water withdrawn annually from a groundwater source will exceed the quantity of the average estimated annual recharge of water to the groundwater source. An application may be approved, however, for withdrawals of groundwater from any groundwater formation older than or stratigraphically lower than the greenhorn formation in excess of the average estimated annual recharge for use by water distribution systems. Source: SL 1978, ch 323, §2; SL 1983, ch 314, §93.
SD Codified L § 46-6-6 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 06 - Groundwater And Wells|Section 46-6-6 - Collection, preservation, and publication of data on underground water.

46-6-6. Collection, preservation, and publication of data on underground water.The collection, preservation, and publication of data with respect to the occurrence, quantity, quality, and hydraulic characteristics of underground water and the nature and identity of the subsurface geological formations in which it occurs are required by the public interest.To this end the Water Management Board shall promulgate rules pursuant to chapter 1-26 governing the collection, preservation, and publication of such data. Source: SDCL, §46-6-6 as enacted by SL 1971, ch 252, §2; SL 1972, ch 237, §7; SL 1983, ch 314, §95; SL 1993, ch 256, §57.
SD Codified L § 46-6-6.1 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 06 - Groundwater And Wells|Section 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.
SD Codified L § 46-6-9 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 06 - Groundwater And Wells|Section 46-6-9 - Well driller license--Fee--Issuance.

46-6-9. Well driller license--Fee--Issuance.Any well driller, before doing any well drilling and before contracting for any such work, shall first secure and thereafter maintain a license. The words "South Dakota Licensed Well Driller No." shall be plainly displayed at a conspicuous place on the premises where the work is being conducted. The fee for the license is two hundred dollars for a resident, and three hundred dollars for a nonresident. The same amounts shall be paid each calendar year for renewal of the license. A resident is any person whose primary residence is located in South Dakota and has not claimed residency in any other state within ninety days of filing an application to become licensed. The fee shall be paid to the Department of Agriculture and Natural Resources and deposited with the state treasurer in the environment and natural resources fee fund established in §1-41-23. The license shall be issued pursuant to the procedures contained in chapter 46-2A. No license may be issued unless the applicant is experienced and knowledgeable in good well construction methods. The Water Management Board shall promulgate rules pursuant to chapter 1-26 establishing qualifications for well drillers. Source: SL 1955, ch 431, §1; SDC Supp 1960, §61.0415; SL 1977, ch 365; SL 1981, ch 317; SL 1983, ch 314, §98; SL 1993, ch 256, §59; SL 2009, ch 13, §9; SL 2021, ch 1 (Ex. Ord. 21-3), §§14, 53, eff. Apr. 19, 2021.