reglab/housing_qa huggingface dataset:
SD Codified L § 46-5-6.1 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 05 - Appropriation Of Water|Section 46-5-6.1 - Restrictions on appropriation of Missouri River water for irrigation.

46-5-6.1. Restrictions on appropriation of Missouri River water for irrigation.The seventy acre restriction set forth in §46-5-6 does not apply to permits to appropriate water for irrigation from the Missouri River. The Water Management Board shall establish by rules promulgated pursuant to chapter 1-26, acreage restrictions to apply to permits to appropriate water for irrigation from the Missouri River. Source: SDCL §46-5-6 as added by SL 1976, ch 274; SL 2011, ch 165, §266.
SD Codified L § 46-5-6.11 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 05 - Appropriation Of Water|Section 46-5-6.11 - Authority of chief engineer to issue appropriation permits.

46-5-6.11. Authority of chief engineer to issue appropriation permits.As provided in §46-1-16, the board may delegate to the chief engineer the authority to issue a permit for the appropriation of water if the applicant does not contest the recommendation of the chief engineer and no person has filed a petition to oppose the application. Source: SL 1990, ch 355, §4.
SD Codified L § 46-5-7 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 05 - Appropriation Of Water|Section 46-5-7 - Priority of appropriation--Date of filing application.

46-5-7. Priority of appropriation--Date of filing application.As between appropriators, the first in time is the first in right. The priority of the appropriation shall date from the time of filing of the application therefor in the office of the Water Management Board. Source: SDC 1939, §61.0102; SL 1955, ch 430, §1; SDC Supp 1960, §61.0109.
SD Codified L § 46-5-8 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 05 - Appropriation Of Water|Section 46-5-8 - Permit not required for domestic use--Permit required for dams on streams or dry-draws--Registration of domestic wells.

46-5-8. Permit not required for domestic use--Permit required for dams on streams or dry-draws--Registration of domestic wells.Any person desiring to make reasonable domestic use of water from any source may do so without obtaining a permit from the Water Management Board, except that no person may construct a dam across any dry-draw for any purpose, including domestic use, if the dam will impound more than twenty-five acre-feet of water, without first obtaining a permit from the board. Permits for dams on streams or dry-draws for domestic or other uses are subject to the doctrine of prior appropriation. Domestic users other than water distribution systems may register a domestic well with the board to document the location and output of their water supply and the quality of its water. The registration of a domestic well is not subject to the procedures for appropriation of water under chapters 46-5, 46-6, and the procedure contained in chapter 46-2A. The fee for registration is twenty-five dollars. Source: SL 1955, ch 430, §1; SDC Supp 1960, §61.0107; SL 1978, ch 319, §1; SL 1983, ch 314, §45.
SD Codified L § 46-5-8.1 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 05 - Appropriation Of Water|Section 46-5-8.1 - Permit issued by board to effectuate contract between district and energy industry user--Cancellation of permit or license.

46-5-8.1. Permit issued by board to effectuate contract between district and energy industry user--Cancellation of permit or license.The Water Management Board may issue a permit to appropriate up to fifty thousand acre-feet of water for use per year to the South Dakota Conservancy District to effectuate the provisions of a contract executed between the district and an energy industry user under §46A-2-19. An appropriation authorized under this section shall be licensed as provided in this chapter. Upon the receipt by the Division of Water Rights of a notice of cancellation from the district, the division shall cancel the permit or license specified in the notice. Source: SL 1981 (2d SS), ch 1, §5.
SD Codified L § 46-5-8.2 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 05 - Appropriation Of Water|Section 46-5-8.2 - Permit required for water distribution system.

46-5-8.2. Permit required for water distribution system.If water is to be conveyed to users by a water distribution system diverting more than eighteen gallons per minute, the system shall comply with the provisions of §46-5-10. Source: SL 1983, ch 314, §47.
SD Codified L § 46-5-9 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 05 - Appropriation Of Water|Section 46-5-9 - Construction of works prior to obtaining permit to appropriate water prohibited.

46-5-9. Construction of works prior to obtaining permit to appropriate water prohibited.No person may begin or carry on any construction of works for storing or carrying water until a permit to appropriate the water has been issued. Source: SDC 1939, §§61.9907, 61.9910; SL 1965, ch 304, §2; SL 1981, ch 316, §1; SL 1983, ch 314, §46.
SD Codified L § 46-5-10 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 05 - Appropriation Of Water|Section 46-5-10 - Appropriation of water--Application for permit required.

46-5-10. Appropriation of water--Application for permit required.Any person intending to acquire a right to beneficial use of water shall, before starting construction or placement of works for that purpose or before taking the water from any constructed works, make an application to the Water Management Board for a permit to appropriate water, in the form required by rules promulgated pursuant to chapter 1-26 by the board. Source: SDC 1939, §61.0122; SL 1955, ch 430, §1; SL 1957, ch 490, §1; SDC Supp 1960, §61.0110; SL 1983, ch 314, §48; SL 1993, ch 256, §56.
SD Codified L § 46-5-11 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 05 - Appropriation Of Water|Section 46-5-11 - Application--Information required.

46-5-11. Application--Information required.Water Management Board rules shall, in addition to providing the form and manner of preparing and presenting an application, require the applicant to state the amount of water, periods of annual use, and all other data necessary for proper description and limitation of the right applied for, together with such information, maps, field notes, plans, and specifications as may be necessary to show the method and practicability of construction. Source: SDC 1939, §61.0122; SL 1955, ch 430, §1; SL 1957, ch 490, §1; SDC Supp 1960, §61.0110; SL 1983, ch 314, §49; SL 2011, ch 165, §267.
SD Codified L § 46-5-13 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 05 - Appropriation Of Water|Section 46-5-13 - Diversion rate and amount allowed by permit.

46-5-13. Diversion rate and amount allowed by permit.A permit may allow diversion from a designated source of water from one or more points within an area described in the permit. However total diversion rate and amount may not exceed the rate and amount allowed by the permit. Source: SL 1955, ch 430, §1; SL 1957, ch 490, §1; SDC Supp 1960, §61.0110; SL 1983, ch 314, §50.
SD Codified L § 46-5-13.1 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 05 - Appropriation Of Water|Section 46-5-13.1 - Change of location of diversion point.

46-5-13.1. Change of location of diversion point.The location of a point of diversion may be changed or additional points of diversion may be approved if the new or additional point of diversion is from the same source of water, no additional water is appropriated, and, if the water use is for irrigation, no new land is to be irrigated. The change in location of diversion points may be allowed without application or publication pursuant to §46-2A-4, if the chief engineer is contacted and makes a finding that the change does not increase the potential for interference with existing diversions. Source: SL 1987, ch 327; SL 1994, ch 344.
SD Codified L § 46-5-14 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 05 - Appropriation Of Water|Section 46-5-14 - Water which may be reclaimed.

46-5-14. Water which may be reclaimed.Water turned into any natural or artificial watercourse for means of transport by any person entitled to the use of the water may be reclaimed below and diverted by that person, subject to existing rights, accurate allowance for losses to be made, as approved by the Water Management Board. Source: SDC 1939, §61.0118; SL 1955, ch 430, §1; SDC Supp 1960, §61.0153; SL 1983, ch 314, §51.
SD Codified L § 46-5-15 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 05 - Appropriation Of Water|Section 46-5-15 - Water diverted for municipal use--Issuance of permit--Contest and appeal.

46-5-15. Water diverted for municipal use--Issuance of permit--Contest and appeal.Natural flow water of any stream appropriated or diverted for municipal use is subject to downstream senior priority water rights. Any contest between water right owners shall be brought to the Water Management Board first for resolution. The board's ruling may be appealed to circuit court under the provisions of chapter 1-26.No water permit to appropriate natural flow of a stream by a municipality may be issued unless the board determines, based upon the evidence presented at a hearing that questions on impairment of downstream senior priority water rights have been resolved. Source: SDC 1939, §45.1903; SL 1993, ch 334, §3.
SD Codified L § 46-5-20.1 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 05 - Appropriation Of Water|Section 46-5-20.1 - Legislative approval required for large-scale appropriation--Eminent domain powers denied for unauthorized appropriation.

46-5-20.1. Legislative approval required for large-scale appropriation--Eminent domain powers denied for unauthorized appropriation.Any application for appropriation of water, pursuant to this chapter, in excess of ten thousand acre feet annually shall be presented by the Water Management Board to the Legislature for approval prior to the board's acting upon the application and all powers of eminent domain shall be denied any common carrier appropriating over ten thousand acre feet of water per annum which has not obtained such prior legislative approval. Legislative approval does not mandate approval by the Water Management Board and does not constitute an issuance of a water permit. This section does not apply to applications by the South Dakota Conservancy District or applications for the approval of water permits for energy industry use. Source: SL 1975, ch 275; SL 1981 (2d SS), ch 1, §12.
SD Codified L § 46-5-21.1 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 05 - Appropriation Of Water|Section 46-5-21.1 - Permits for energy industry use--Period for application of water to beneficial use.

46-5-21.1. Permits for energy industry use--Period for application of water to beneficial use.Section 46-2A-8 does not apply to permits issued to the South Dakota Conservancy District for energy industry use or to any permit or right held by an energy industry user acquired pursuant to an assignment by the district. Periods for completion of construction or application of water to beneficial use for rights transferred by the district to energy industry users shall be fixed in the instrument of transfer but may not exceed ten years from the date the contract is executed for application of water to beneficial use. Source: SL 1981 (2d SS), ch 1, §13; SL 1987, ch 29, §23; SL 1987, ch 332, §5.
SD Codified L § 46-5-24 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 05 - Appropriation Of Water|Section 46-5-24 - Amendment or change of plans of construction or place of diversion.

46-5-24. Amendment or change of plans of construction or place of diversion.The plans of construction or place of diversion may be amended, but no amendment may authorize any extension of time for construction beyond five years from the date of the permit, except as provided by this chapter. A change in the proposed point of diversion of water or change of construction plans shall be subject to the procedures contained in chapter 46-2A and may not be allowed to the detriment of the rights of others having valid water permits or rights to the use of the water. Source: SDC 1939, §61.0123; SL 1955, ch 430, §1; SDC Supp 1960, §61.0111; SL 1983, ch 314, §52.
SD Codified L § 46-5-25 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 05 - Appropriation Of Water|Section 46-5-25 - Diligent prosecution of construction work--Forfeiture of rights--Extension.

46-5-25. Diligent prosecution of construction work--Forfeiture of rights--Extension.The work of construction shall be diligently prosecuted to completion. If one-fifth of the work is not completed within one-half the time allowed, as determined by the Water Management Board, the board may accept and approve an application for the use of any of the waters included in the permit issued to the prior applicant, and the right to use the waters under the former permit are forfeited. However, the Water Management Board shall allow an extension of time at the request of the prior applicant, equal to the time during which work was prevented by the operation of law beyond the power of the applicant to avoid. This section does not apply to permits or licenses issued under §46-5-8.1. Source: SDC 1939, §61.0127; SL 1955, ch 430, §1; SDC Supp 1960, §61.0115; SL 1981 (2d SS), ch 1, §15; SL 2011, ch 165, §268.
SD Codified L § 46-5-26 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 05 - Appropriation Of Water|Section 46-5-26 - Extension of time for completion of construction or application to beneficial use.

46-5-26. Extension of time for completion of construction or application to beneficial use.A permit may be amended by extending the time for the completion of construction, or for application to beneficial use, for a reasonable time, but only on account of delays due to physical or engineering difficulties which could not have been reasonably anticipated, due to operation of law beyond the power of the applicant to avoid, or due to other exigent circumstances identified by the Water Management Board. Source: SDC 1939, §61.0132; SL 1955, ch 430, §1; SDC Supp 1960, §61.0120; SL 1983, ch 314, §53.
SD Codified L § 46-5-30 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 05 - Appropriation Of Water|Section 46-5-30 - Inspection of works by chief engineer before use--Authority to require changes.

46-5-30. Inspection of works by chief engineer before use--Authority to require changes.Within a reasonable time before the date set for the application of the water to a beneficial use, the chief engineer shall inspect the works, if any, after due notice to the holder of the permit. If the works are not properly and safely constructed, the chief engineer may require the necessary changes to be made within a reasonable time. Source: SDC 1939, §61.0131; SL 1955, ch 430, §1; SDC Supp 1960, §61.0119; SL 1983, ch 314, §57.
SD Codified L § 46-5-30.1 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 05 - Appropriation Of Water|Section 46-5-30.1 - License issued by chief engineer.

46-5-30.1. License issued by chief engineer.Upon completion of an inspection, upon completion of any required changes and upon payment of any applicable fees, the chief engineer shall issue a license to appropriate water to the extent and under the conditions of the actual application of water to beneficial use, but he may not extend the rights described in the permit. No permit holder may divert water until the assessed license fee has been paid. Source: SL 1983, ch 314, §58.
SD Codified L § 46-5-30.2 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 05 - Appropriation Of Water|Section 46-5-30.2 - Limitations on rights given by permit or license.

46-5-30.2. Limitations on rights given by permit or license.Neither a permit to appropriate water nor a license to appropriate water may become a right to use the water for any purpose or in any manner other than that specified on the permit or license, unless amended pursuant to the provisions of this title. Source: SL 1983, ch 314, §59.
SD Codified L § 46-5-30.3 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 05 - Appropriation Of Water|Section 46-5-30.3 - Sale or transfer of application, permit, or license--Notice to chief engineer.

46-5-30.3. Sale or transfer of application, permit, or license--Notice to chief engineer.Notice of any sale, grant, lease, conveyance, or other transfer of an application, permit, or license to appropriate water under the provisions of this title shall be filed with the chief engineer within ninety days. Source: SL 1983, ch 314, §66; SL 2008, ch 230, §1.
SD Codified L § 46-5-30.4 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 05 - Appropriation Of Water|Section 46-5-30.4 - Amendment of permits or rights.

46-5-30.4. Amendment of permits or rights.Subject to the limitations in §§46-5-33 and 46-5-34 governing changes in irrigation rights from one parcel of land to another, any water permit or right holder may apply for a change of use of the water, a change of location of the use or other amendment to the permit or right. Permits or rights may be amended pursuant to the procedure contained in chapter 46-2A. Priority shall be retained upon amendment. An amendment of a water permit or right may not increase the rate of diversion or increase the volume of water to be appropriated under the original water permit or right. The amendment may not impair existing rights. Source: SL 1983, ch 314, §67.
SD Codified L § 46-5-30.5 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 05 - Appropriation Of Water|Section 46-5-30.5 - Unpermitted acreage developed for irrigation--Requirement.

46-5-30.5. Unpermitted acreage developed for irrigation--Requirement.Acreage developed for irrigation outside of the acreage described on the permit may be licensed pursuant to §46-5-30.1, if no increase occurs in either permitted acreage or water appropriated. The unpermitted acreage shall be contiguous to the permitted acreage, owned by the same property owner, and developed as part of the original irrigation project within the time period designated for completion of works. The unpermitted acreage added to a license under this section retains the priority date assigned to the original permit. Licensing of the unpermitted acreage may occur without application or publication pursuant to §46-2A-4, if the chief engineer makes a finding that existing water rights will not be impaired and the overall project, as developed, is consistent with the original application. This section does not apply to the transfer of licensed acreage from one parcel of land to another as provided for by §46-5-34. Source: SL 1996, ch 263, §5.
SD Codified L § 46-5-31 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 05 - Appropriation Of Water|Section 46-5-31 - Change of use or place of diversion.

46-5-31. Change of use or place of diversion.Any appropriator of water may use the water for purposes other than for which it was appropriated, or may change the place of diversion, storage, or use, in a manner and under conditions approved by the Water Management Board, except that changes in irrigation permits shall be as prescribed by §§46-5-34 to 46-5-36, inclusive. Source: SDC 1939, §61.0142; SL 1955, ch 430, §1; SDC Supp 1960, §61.0129; SL 1983, ch 314, §61.
SD Codified L § 46-5-31.1 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 05 - Appropriation Of Water|Section 46-5-31.1 - Abandoned permitted irrigation use--Stock watering permitted.

46-5-31.1. Abandoned permitted irrigation use--Stock watering permitted.If permitted irrigation use from a storage dam is abandoned or forfeited but the storage dam is used for stock watering, stock watering may be added to the license or permit upon the request of the permit or license holder. A license or permit modified under this section retains the priority date of the original license or permit. This addition of stock watering to the license or permit may occur without application or publication pursuant to §46-2A-4, if no diversion is made from the stock dam and the chief engineer makes a finding that existing water rights will not be impaired. Source: SL 1996, ch 263, §6.
SD Codified L § 46-5-32 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 05 - Appropriation Of Water|Section 46-5-32 - Assignment of application, permit, or license.

46-5-32. Assignment of application, permit, or license.Subject to the limitations provided in §§46-5-33 and 46-5-34, any application, permit, or license to appropriate water, including a permit issued under §46-5-8.1, may be assigned, but no assignment is binding, except upon the parties thereto, unless filed for record with the chief engineer. No assignment may carry with it the right to use the water for any purpose or in any manner other than that specified in the application, permit, or license without the approval of the Water Management Board. Transfer of an application to appropriate water does not confer any right to use of water. The evidence of the right to use water from any works constructed by the United States, or its duly authorized agencies, shall in like manner be filed with the chief engineer, upon assignment. A sale, grant, conveyance, assignment, lease, or other transfer of a permit or license issued under §46-5-8.1 may be assigned only in accordance with the terms of the contract or instrument of conveyance between the district and the energy industry user. Source: SDC 1939, §61.0134; SL 1955, ch 430, §1; SDC Supp 1960, §61.0127; SL 1981 (2d SS), ch 1, §9; SL 1983, ch 314, §62; SL 2008, ch 230, §2.
SD Codified L § 46-5-33 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 05 - Appropriation Of Water|Section 46-5-33 - Irrigation application, permit, or right not assignable apart from land.

46-5-33. Irrigation application, permit, or right not assignable apart from land.No application, permit, or right to appropriate water for irrigation purposes may be assigned, nor may the ownership of an application, permit, or right in any manner be transferred, apart from the land to which it is appurtenant, except in the manner provided by law. A transfer of title to land shall carry with it all rights to the use of water appurtenant to the land for irrigation purposes. Source: SDC 1939, §61.0134; SL 1955, ch 430, §1; SDC Supp 1960, §61.0127; SL 1983, ch 314, §63; SL 2008, ch 230, §3.
SD Codified L § 46-5-34 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 05 - Appropriation Of Water|Section 46-5-34 - Irrigation rights appurtenant to land--Amendment of permit required for severance and transfer.

46-5-34. Irrigation rights appurtenant to land--Amendment of permit required for severance and transfer.All water used in this state for irrigation purposes shall remain appurtenant to the land upon which it is used. However, if for any reason it should become impracticable to use all or any part of the water beneficially or economically for irrigation of any land to which the right of its use is appurtenant, all or any part of the right may be severed from the land and simultaneously transferred and become appurtenant to other land without losing priority of right previously established, subject to existing rights, upon approval of an application for an amended permit. No increase in total acres irrigated may be allowed under this section. Source: SDC 1939, §61.0141; SL 1955, ch 430, §1; SDC Supp 1960, §61.0128; SL 1983, ch 314, §64.