reglab/housing_qa huggingface dataset:
SD Codified L § 46-10-2.2 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 10 - Adjudication Of Water Rights|Section 46-10-2.2 - Documents and orders as prima facie evidence--Certified copies admissible.

46-10-2.2. Documents and orders as prima facie evidence--Certified copies admissible.The court conducting a general adjudication shall regard any water permit, water license, certificate of construction, or other document or order issued by or under the authority of the Water Management Board or its predecessors, including the state engineer, and not subsequently cancelled by it or under its authority or its predecessors, including the state engineer, to be prima facie evidence of the right purported to be conferred. A certified copy of any such document or order shall be admissible in evidence. Source: SL 1980, ch 305, §4.
SD Codified L § 46-10-2.3 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 10 - Adjudication Of Water Rights|Section 46-10-2.3 - Powers and duties of court conducting general adjudication.

46-10-2.3. Powers and duties of court conducting general adjudication.The court conducting a general adjudication shall, in addition to exercising any other power or duty conferred by law:(1)Confirm those rights evidenced by previous court decrees when those rights have not been forfeited, abandoned, or otherwise lost;(2)Adjudicate the validity of all cancelled and uncancelled permits, certificates of construction, or licenses or other documents or orders purported to be granted by or under the authority of the Water Management Board or its predecessors, including the state engineer, and not heretofore adjudicated;(3)Determine the extent and priority of and adjudicate any interest in any water right or right to the use of water of the river system or on all other sources not otherwise represented by the aforesaid permits, licenses, certificates, documents, orders, or decrees;(4)Establish, in whatever form determined to be most appropriate by the court, one or more tabulations or lists of water rights or rights to use water which tabulations or lists may include a notation of the water right or right to use water adjudged to each party, the priority, the amount or rate, the purpose, the periods or place of use, and, as to water used for irrigation, the specific tracts of land to which it shall be appurtenant together with other conditions as may be necessary to define a right and its priority. Source: SL 1980, ch 305, §5.
SD Codified L § 46-10-3 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 10 - Adjudication Of Water Rights|Section 46-10-3 - Parties to action for general adjudication.

46-10-3. Parties to action for general adjudication.In any action for the general adjudication of the rights to use water and water rights on any river system and all other sources all those whose claims to the use of such waters or claims of water rights are of record, and all other claimants so far as they can be ascertained with reasonable diligence, shall be made parties. Source: SDC 1939, §61.0119; SL 1955, ch 430, §1; SDC Supp 1960, §61.0154; SL 1980, ch 305, §6.
SD Codified L § 46-10-3.1 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 10 - Adjudication Of Water Rights|Section 46-10-3.1 - Adding additional defendants as parties.

46-10-3.1. Adding additional defendants as parties.Defendants in addition to those named in the original complaint may be added within a reasonable time and defendants may be added throughout the duration of the suit, as appropriate. Source: SL 1980, ch 305, §9.
SD Codified L § 46-10-3.2 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 10 - Adjudication Of Water Rights|Section 46-10-3.2 - Commencement of action for general adjudication--Service.

46-10-3.2. Commencement of action for general adjudication--Service.Except as provided in §46-10-3.3 for actions in which the named defendants number one hundred or more, an action for general adjudication shall be commenced and service shall be made as in other civil cases. Source: SL 1980, ch 305, §8.
SD Codified L § 46-10-3.3 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 10 - Adjudication Of Water Rights|Section 46-10-3.3 - Defendants numbering one hundred or more--Commencement of action--Service.

46-10-3.3. Defendants numbering one hundred or more--Commencement of action--Service.An action for general adjudication is commenced by the filing of a complaint in circuit court in any case in which the named defendants number one hundred or more. In such a case personal service of a summons and complaint is not required but may be made. If personal service is not made, the court shall order service to be made by the plaintiff on named defendants by mailing a court approved notice of the action by registered or certified mail, return receipt requested. The court shall order the plaintiff to obtain service on all unnamed defendants by publication of the notice for four consecutive weeks in a newspaper published in each of the counties within which interest in rights to use of the water and water rights may be affected by the adjudication. If there is no newspaper in one or more of the counties, then publication for the counties shall be in one or more newspapers published in the state, and of general circulation within the counties. If publication is in a daily newspaper, one insertion a week is sufficient. Source: SL 1980, ch 305, §8; SL 1987, ch 29, §31; SL 2011, ch 165, §284.
SD Codified L § 46-10-3.4 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 10 - Adjudication Of Water Rights|Section 46-10-3.4 - Captioning complaint for general adjudication.

46-10-3.4. Captioning complaint for general adjudication.The complaint for such general adjudication shall be captioned: In re the general adjudication of all rights to use water and water rights in the (to be specified) river system and all other sources, State of South Dakota. Source: SL 1980, ch 305, §10.
SD Codified L § 46-10-4.1 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 10 - Adjudication Of Water Rights|Section 46-10-4.1 - Action to determine conflicting water or water use rights--Court's powers and duties--Caption of action.

46-10-4.1. Action to determine conflicting water or water use rights--Court's powers and duties--Caption of action.The attorney general in lieu of bringing an action for a general adjudication may or any person may bring an action for the purpose of determining conflicting water rights or rights to use water. The court before which any such action may be properly brought may exercise the powers and duties set out by this chapter, as appropriate. An action for the determination of conflicting water rights shall be captioned as set forth in Title 15 of the South Dakota Codified Laws. Source: SL 1980, ch 305, §11.
SD Codified L § 46-10-5 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 10 - Adjudication Of Water Rights|Section 46-10-5 - Action for general adjudication or to determine conflicting water rights--Copies of complaints mailed to Water Management Board.

46-10-5. Action for general adjudication or to determine conflicting water rights--Copies of complaints mailed to Water Management Board.Whenever suit is brought for general adjudication or to determine conflicting water rights in any of the courts of this state, a copy of the complaint shall be by the complainant mailed by registered or certified letter to the Water Management Board at its office at the state capital, at the time of the first service of summons in the action, and likewise a copy of any amended complaint or cross-complaint shall be mailed in like manner to the board immediately after service thereof upon the opposing party. Source: SDC 1939, §55.1811; SL 1980, ch 305, §12.
SD Codified L § 46-10-6 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 10 - Adjudication Of Water Rights|Section 46-10-6 - Action for general adjudication or to determine conflicting rights--Proof of notice of suit 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.No final decree may be issued in any action for general adjudication or in an action for determination of conflicting water rights unless it appears that the water management board has had reasonable notice of the suit. Source: SDC 1939, §55.1811; SL 1980, ch 305, §13.
SD Codified L § 46-10-7 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 10 - Adjudication Of Water Rights|Section 46-10-7 - Intervention by attorney general.

46-10-7. Intervention by attorney general.If, in the judgment of the Water Management Board, the public interests require action adverse to any party thereto, it may call upon the attorney general to intervene in the action. The attorney general shall then appear on behalf of the state and take whatever steps are necessary to protect the interests of the public, of the state or of any of its institutions. Source: SDC 1939, §55.1811; SL 1983, ch 314, §157.
SD Codified L § 46-10-8 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 10 - Adjudication Of Water Rights|Section 46-10-8 - Judgment in action for general adjudication or to determine conflicting rights--Certified copy filed with board.

46-10-8. Judgment in action for general adjudication or to determine conflicting rights--Certified copy filed with board.The court before which any action for general adjudication or any action for the determination of conflicting rights is conducted shall file a certified copy of any final judgment in such case with the Water Management Board. Source: SDC 1939, §61.0120; SL 1955, ch 430, §1; SDC Supp 1960, §61.0155; SL 1980, ch 305, §14.
SD Codified L § 46-10-8.1 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 10 - Adjudication Of Water Rights|Section 46-10-8.1 - Appointment of water master to administer interim or final decree.

46-10-8.1. Appointment of water master to administer interim or final decree.The authority of a court to appoint a water master to administer any interim or final decree relating to water, including any interim or final decree issued under the provisions of §§46-10-1 to 46-10-8, inclusive, is hereby granted. Source: SL 1983, ch 314, §178.
SD Codified L § 46-10-13 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 10 - Adjudication Of Water Rights|Section 46-10-13 - Appeal to board from acts or decisions of water master--Appeal to circuit court.

46-10-13. Appeal to board from acts or decisions of water master--Appeal to circuit court.Any interested person may appeal from acts or decisions of the water master to the Water Management Board and the board shall promptly and at a stated time and place fixed by it, after due notice to the parties, hear and determine the matter in dispute. Its decision shall be final, unless an appeal is taken to the circuit court having jurisdiction, in conformity with the law governing appeals. Source: SL 1955, ch 430, §1; SDC Supp 1960, §61.0141; SL 1983, ch 314, §162.
SD Codified L § 46-10A-1 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 10A - Water Use Control Areas|Section 46-10A-1 - Establishment of area--Petition of chief engineer.

46-10A-1. Establishment of area--Petition of chief engineer.The chief engineer may, after appropriate investigation, petition the Water Management Board to establish a water use control area. The petition shall be regarded as filed at the time it is signed and dated by the chief engineer. Source: SL 1983, ch 314, §179.
SD Codified L § 46-10A-2 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 10A - Water Use Control Areas|Section 46-10A-2 - Establishment of area--Petition of water right holders.

46-10A-2. Establishment of area--Petition of water right holders.As an alternative to the provisions of §46-10A-1, a petition to establish a water use control area may be brought before the Water Management Board when signed by water right holders representing not less than fifty percent of the total rate of diversion under permit, filed vested rights or adjudicated rights in the geographical area described in the petition. Source: SL 1983, ch 314, §180.
SD Codified L § 46-10A-3 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 10A - Water Use Control Areas|Section 46-10A-3 - Identification of lands and waters in petition.

46-10A-3. Identification of lands and waters in petition.Any petition to establish a water use control area shall identify the lands and waters proposed to be included in the area. Source: SL 1983, ch 314, §181.
SD Codified L § 46-10A-4 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 10A - Water Use Control Areas|Section 46-10A-4 - Hearing on petition--Publication and notice.

46-10A-4. Hearing on petition--Publication and notice.The chief engineer, upon knowledge of the filing of a valid petition to establish a water use control area, shall set the petition for hearing before the Water Management Board at the nearest reasonable date and shall publish a copy of the notice of hearing at least once a week for two successive weeks in one legal newspaper in each county in which the land included in the proposed area is found. The chief engineer shall also send notice by first class mail to all water permit holders and holders of filed vested rights or adjudicated rights in the affected area. The contents of the notice shall be as specified in §1-26-17. Source: SL 1983, ch 314, §182.
SD Codified L § 46-10A-5 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 10A - Water Use Control Areas|Section 46-10A-5 - Approval of petition--When required.

46-10A-5. Approval of petition--When required.The Water Management Board shall approve a petition to establish a water use control area if the board finds that a water use control area is in the public interest, is necessary to equitably apportion the available water supplies for use among the water right holders and is feasible. Source: SL 1983, ch 314, §183.
SD Codified L § 46-10A-6 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 10A - Water Use Control Areas|Section 46-10A-6 - Water master--Appointment--Agent of board.

46-10A-6. Water master--Appointment--Agent of board.Upon establishment of a water use control area, the Water Management Board, at the same hearing if feasible, shall appoint a water master, giving significant weight to the recommendations of the affected water permit or right holders. The water master shall act as agent of the board. Source: SL 1983, ch 314, §184.
SD Codified L § 46-10A-7 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 10A - Water Use Control Areas|Section 46-10A-7 - Water master--Duties.

46-10A-7. Water master--Duties.The duties and authority of the water master shall be set out either in an order establishing the water use control area or by resolution and may include, but are not limited to, the following:(1)Enforcement procedures for distribution of water under a court decree;(2)Enforcement procedures for priorities and rights to use water as established in statutory law and case law;(3)Notwithstanding the provisions of subdivisions (1) and (2), enforcement procedures for any temporary schedule of water deliveries which all affected water permit or right holders agree upon;(4)Regulation and security of headgates and measuring devices as necessary to enforce proper distribution of water; and(5)Other duties and authority as the Water Management Board may specify. Source: SL 1983, ch 314, §185.
SD Codified L § 46-10A-8 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 10A - Water Use Control Areas|Section 46-10A-8 - Water measuring devices--Order for installation.

46-10A-8. Water measuring devices--Order for installation.The board may order installation of water measuring devices as provided in §46-7-2 if it determines them to be necessary for proper regulation of water diversion and use among water permit or right holders in a water use control area. Source: SL 1983, ch 314, §186.
SD Codified L § 46-10A-9 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 10A - Water Use Control Areas|Section 46-10A-9 - Fee assessed--Maximum amount--Annual payment.

46-10A-9. Fee assessed--Maximum amount--Annual payment.The Water Management Board shall assess a fee to be collected annually from each water right holder in each water use control area. The amount of the fee may not exceed twenty dollars for each cubic foot per second, or portion thereof, of the diversion capability of the water permit or right holder's diversion works plus fifty cents for each acre irrigated. Fees shall be paid to the board annually at a date set by the board. No water may be diverted by a water permit or right holder who has not paid the fee required by this section. Source: SL 1983, ch 314, §187.
SD Codified L § 46-10A-11 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 10A - Water Use Control Areas|Section 46-10A-11 - Violations of orders of board or water master.

46-10A-11. Violations of orders of board or water master.Violation of any order of the Water Management Board or of the water master is regarded as a violation of the terms of a permit or license under the provisions of §46-1-12. Source: SL 1983, ch 314, §189.
SD Codified L § 46-10A-12 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 10A - Water Use Control Areas|Section 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-12. Petition of chief engineer to abolish area, suspend operation, change boundaries, amend powers of or suspend water master, or adjust administration of area.The chief engineer, after appropriate investigation, may petition the board:(1)To abolish a water use control area;(2)To suspend the operation of a water use control area;(3)To change the boundaries of a water use control area;(4)To amend the powers and duties of a water master in a water use control area;(5)To suspend or remove any water master appointed by it; or(6)To adjust administration of a water use control area to protect valid water permits or rights within the water use control area or affected by the exercise of water rights within the water use control area. Source: SL 1983, ch 314, §190.
SD Codified L § 46-10A-13 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 10A - Water Use Control Areas|Section 46-10A-13 - Petition as in § 46-10A-12 by water rights holders.

46-10A-13. Petition as in §46-10A-12 by water rights holders.Any petition which may be brought by the chief engineer pursuant to the provisions of §46-10A-12 may also be brought before the Water Management Board if the petition is signed by water rights holders representing not less than twenty-five percent of the total rate of diversion under permit, filed vested rights or adjudicated rights in the geographical area of the water use control area. Source: SL 1983, ch 314, §191.
SD Codified L § 46-10A-14 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 10A - Water Use Control Areas|Section 46-10A-14 - Hearing on petition under § 46-10A-12 or 46-10A-13--Publication and notice.

46-10A-14. Hearing on petition under §46-10A-12 or 46-10A-13--Publication and notice.The chief engineer, upon learning of the filing of a valid petition under the provisions of §46-10A-12 or 46-10A-13, shall set the petition for hearing before the Water Management Board at the nearest reasonable date and shall publish a copy of the notice of hearing at least once a week for two successive weeks in at least one legal newspaper in each county in which the land included in the existing water use control area is found. The chief engineer shall also send notice by first class mail to all water permit holders and holders of filed vested rights or adjudicated rights in the affected area. The contents of the notice shall be as specified in the provisions of §1-26-17. Source: SL 1983, ch 314, §192.
SD Codified L § 46-10A-15 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 10A - Water Use Control Areas|Section 46-10A-15 - Approval of petition under § 46-10A-12 or 46-10A-13--When required.

46-10A-15. Approval of petition under §46-10A-12 or 46-10A-13--When required.The Water Management Board shall approve a petition brought under the provisions of §46-10A-12 or 46-10A-13 upon finding that approval of the petition is in the public interest and will further the goal of efficient and equitable apportionment of water among affected water permit or right holders. Source: SL 1983, ch 314, §193.
SD Codified L § 46-10A-16 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 10A - Water Use Control Areas|Section 46-10A-16 - Appeal from board actions relating to establishment or administration of area.

46-10A-16. Appeal from board actions relating to establishment or administration of area.Any person who is in a water use control area and is affected by board decisions may appeal from acts or decisions of the board with respect to establishment of a water use control area or administration of water diversion or use. Source: SL 1961, ch 460, §3; SDCL, §46-10-27; SL 1983, ch 314, §176.
SD Codified L § 46A-1-1 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 01 - State Water Resources Management|Section 46A-1-1 - Legislative findings and policy.

46A-1-1. Legislative findings and policy.The general health, welfare, and safety of the people of the State of South Dakota are dependent upon the conservation, development, management, and optimum use of all this state's water resources. To achieve this objective it is essential that a coordinated, integrated, multiple use water resource policy be formulated and a plan developed to activate this policy as rapidly as possible. It is in the public interest that these functions be carried out through a coordination of all state agencies and resources. Source: SL 1972, ch 241, §2; SL 1981 (2d SS), ch 1, §17; SDCL Supp, §46-17A-1; SL 1983, ch 321.
SD Codified L § 46A-1-2 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 01 - State Water Resources Management|Section 46A-1-2 - Legislative purpose for state water plan--Composition of plan.

46A-1-2. Legislative purpose for state water plan--Composition of plan.It is the object of this chapter to provide the means for the planning, funding, and construction of a state water plan. This plan is comprised of the State Water Resources Management System and the State Water Facilities Plan. Source: SL 1972, ch 241, §3; SDCL Supp, §46-17A-2; SL 1983, ch 321, §2.