reglab/housing_qa huggingface dataset:
SD Codified L § 46-6-9.1 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 06 - Groundwater And Wells|Section 46-6-9.1 - Well driller or well pump installer license--Revocation.

46-6-9.1. Well driller or well pump installer license--Revocation.The chief engineer may initiate an action before the Water Management Board to revoke the license of any well driller or well pump installer upon refusal by the driller to properly complete any well or well pump installation in accordance with rules governing well construction or well pump installation or upon violation of this title, or any rule or order promulgated pursuant to this title. Any action for the revocation of a well driller's or well pump installer's license shall comply with the provisions of §1-26-19. A well driller or well pump installer whose license has been revoked may not apply for a new license sooner than six months after the effective date of the revocation. Source: SL 1983, ch 314, §99; SL 2001, ch 241, §7.
SD Codified L § 46-6-9.2 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 06 - Groundwater And Wells|Section 46-6-9.2 - Well driller's license or well pump installer's license required for certain persons.

46-6-9.2. Well driller's license or well pump installer's license required for certain persons.Any person who performs work for compensation in the repair of wells or as a well pump installer shall obtain a well driller's license issued pursuant to §46-6-9 or a well pump installer's license issued pursuant to §46-6-9.3 before conducting or contracting for such work. Source: SL 2001, ch 241, §5.
SD Codified L § 46-6-9.3 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 06 - Groundwater And Wells|Section 46-6-9.3 - Well pump installer license--Fee--Issuance.

46-6-9.3. Well pump installer license--Fee--Issuance.The Water Management Board shall issue a well pump installer license to any applicant who meets the requirements specified in this section. 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 by 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 well pump installation methods. The Water Management Board shall promulgate rules pursuant to chapter 1-26 establishing well pump installation qualifications. Source: SL 2001, ch 241, §6; SL 2009, ch 13, §10; SL 2021, ch 1 (Ex. Ord. 21-3), §§14, 53, eff. Apr. 19, 2021.
SD Codified L § 46-6-9.4 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 06 - Groundwater And Wells|Section 46-6-9.4 - Certain persons exempt from well pump installer license requirements.

46-6-9.4. Certain persons exempt from well pump installer license requirements.Any plumbing contractor licensed under chapter 36-25, any electrical contractor licensed under chapter 36-16, and any mechanical contractor licensed under municipal ordinances may be exempt from the well pump installer licensure requirements of §46-6-9.2. Source: SL 2001, ch 241, §8.
SD Codified L § 46-6-9.5 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 06 - Groundwater And Wells|Section 46-6-9.5 - Well pump installers and well drillers prohibited from performing certain acts without appropriate license.

46-6-9.5. Well pump installers and well drillers prohibited from performing certain acts without appropriate license.No licensed well pump installer or well driller may perform any electrical, plumbing, or mechanical act regulated by state law unless licensed to do so. All applicable rules and regulations of state law and municipal ordinances shall apply regarding any permit and any installation practice. Source: SL 2001, ch 241, §9.
SD Codified L § 46-6-10 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 06 - Groundwater And Wells|Section 46-6-10 - Wells to be constructed so as to prevent waste--Methods of construction, specification by board.

46-6-10. Wells to be constructed so as to prevent waste--Methods of construction, specification by board.The Water Management Board shall require every well to be so constructed and finished as to prevent waste of its waters or underground leakage of these waters into other reservoirs. To this end it may specify methods of construction, kinds, size, and number of casings used, valves or other control devices to regulate artesian flow, and any other device or construction which may be necessary to prevent waste through faulty construction or through corrosion. Source: SDC 1939, §61.0404; SL 1955, ch 431, §1; SDC Supp 1960, §61.0409.
SD Codified L § 46-6-11 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 06 - Groundwater And Wells|Section 46-6-11 - Records of well construction required.

46-6-11. Records of well construction required.On each well drilled the driller shall keep accurate records and complete a record of well construction on a form supplied by the chief engineer. If for any reason well construction is begun but not completed, the well driller shall complete the record of well construction to the extent possible. Within one month of completion of a well driller's work on a well, the well driller shall file all well construction records with the chief engineer for placement on permanent file. Access to the records is available to the public at any time during normal business hours. Source: SL 1955, ch 431, §1; SDC Supp 1960, §61.0406; SL 1971, ch 252, §3; SL 1983, ch 314, §100; SL 2011, ch 165, §275.
SD Codified L § 46-6-12 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 06 - Groundwater And Wells|Section 46-6-12 - Inspection of wells by chief engineer or state geologist.

46-6-12. Inspection of wells by chief engineer or state geologist.The chief engineer or the state geologist may inspect wells for the purpose of making electric or radioactivity logs, caliper, leakage, and other surveys that pertain to the condition of the wells. Source: SL 1955, ch 431, §1; SDC Supp 1960, §61.0406; SL 1983, ch 314, §101.
SD Codified L § 46-6-13 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 06 - Groundwater And Wells|Section 46-6-13 - Measurement of flow and pressure of wells by chief engineer.

46-6-13. Measurement of flow and pressure of wells by chief engineer.The chief engineer may measure the flow and pressure of any well, public or private, for the purpose of determining the increase or diminution of the flow or pressure of the well. Source: SDC 1939, §61.0403; SL 1955, ch 431, §1; SDC Supp 1960, §61.0408; SL 1983, ch 314, §102.
SD Codified L § 46-6-14 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 06 - Groundwater And Wells|Section 46-6-14 - Waste of water from large capacity well prohibited.

46-6-14. Waste of water from large capacity well prohibited.No owner of property on which a large capacity artesian well is located may allow the water of the well to flow to waste if the board determines it is feasible to control the flow. Source: SDC 1939, §61.0405; SL 1955, ch 431, §1; SDC Supp 1960, §61.0410; SL 1983, ch 314, §103.
SD Codified L § 46-6-15 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 06 - Groundwater And Wells|Section 46-6-15 - Uncontrolled artesian well--Definition--Owner to notify board of size and location.

46-6-15. Uncontrolled artesian well--Definition--Owner to notify board of size and location.The owner of an uncontrolled artesian well shall notify the Water Management Board in writing of the location and size of the well. An uncontrolled artesian well is one that cannot be controlled by mechanical means. Source: SL 1955, ch 431, §1; SDC Supp 1960, §61.0411; SL 2011, ch 165, §276.
SD Codified L § 46-6-16 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 06 - Groundwater And Wells|Section 46-6-16 - Uncontrolled artesian well from oil and gas exploration--Notice to chief engineer.

46-6-16. Uncontrolled artesian well from oil and gas exploration--Notice to chief engineer.The Board of Minerals and Environment shall notify the chief engineer in writing of the location of any uncontrolled artesian well resulting from oil and gas exploration. Source: SL 1955, ch 431, §1; SDC Supp 1960, §61.0412; SL 1983, ch 314, §104.
SD Codified L § 46-6-18 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 06 - Groundwater And Wells|Section 46-6-18 - Plugging abandoned or forfeited well by owner--"Owner" defined.

46-6-18. Plugging abandoned or forfeited well by owner--"Owner" defined.Any abandoned or forfeited well shall be plugged by its owner so that no leaking of its waters occurs underground or over the surface. The owner of property on which an abandoned or forfeited well is located is deemed to be the owner of the well. Source: SL 1955, ch 431, §1; SDC Supp 1960, §61.0412; SL 1983, ch 314, §107.
SD Codified L § 46-6-20 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 06 - Groundwater And Wells|Section 46-6-20 - Rules and regulations of board relating to wells.

46-6-20. Rules and regulations of board relating to wells.The Water Management Board shall promulgate rules pursuant to chapter 1-26 providing for or directing, as appropriate:(1)Rehabilitation of wells;(2)Construction of wells;(3)Prevention of underground leakage or other waste of water; and(4)Plugging or other control of abandoned, forfeited, or uncontrolled artesian wells. Source: SDC 1939, §61.0414; SL 1955, ch 431, §1; SL 1983, ch 314, §109; SL 1993, ch 256, §60.
SD Codified L § 46-6-21 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 06 - Groundwater And Wells|Section 46-6-21 - Control of large capacity well required.

46-6-21. Control of large capacity well required.No owner or person in control of a large capacity artesian well may allow it to flow without a proper or sufficient casing or without a valve or contrivance for checking or preventing the flow of water if the Water Management Board determines that installation of a casing, valve, or contrivance is feasible. The provisions of this section also apply to any officer in charge of wells belonging to the state or any county, township, or municipality. Source: SDC 1939, §61.9916; SL 1981, ch 316, §3; SL 1983, ch 314, §112.
SD Codified L § 46-6-24 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 06 - Groundwater And Wells|Section 46-6-24 - Liability for damages to domestic and municipal wells.

46-6-24. Liability for damages to domestic and municipal wells.The failure of a well to meet standards established pursuant to §46-6-6.1 is not a defense in any action or proceeding regarding damage, loss of water production or quality, replacement cost, or increased operating expenses incurred by a municipal or domestic use well located in a formation older than or stratigraphically lower than the greenhorn formation caused by any person using or withdrawing groundwater for mine dewatering in a formation older than or stratigraphically lower than the greenhorn formation. Source: SL 1980, ch 304, §1; SL 1982, ch 311.
SD Codified L § 46-6-25 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 06 - Groundwater And Wells|Section 46-6-25 - Domestic and municipal well protection--Enforceability--Fees and costs.

46-6-25. Domestic and municipal well protection--Enforceability--Fees and costs.Section 46-6-24 is enforceable in circuit court by the damaged owner or user of a domestic or municipal well. Attorney's fees, expert fees, and court costs may be awarded the plaintiff at the discretion of the court. Source: SL 1980, ch 304, §2.
SD Codified L § 46-6-26 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 06 - Groundwater And Wells|Section 46-6-26 - Permits may be denied or conditioned to protect domestic or municipal wells or natural springs.

46-6-26. Permits may be denied or conditioned to protect domestic or municipal wells or natural springs.The Water Management Board or chief engineer pursuant to §46-1-16 may deny or condition any permit in conformity with §46-6-24 as is determined necessary to protect domestic wells, municipal wells, or natural springs of this state. Source: SL 1980, ch 304, §3; SL 1990, ch 355, §5.
SD Codified L § 46-6-27 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 06 - Groundwater And Wells|Section 46-6-27 - Plugging, sealing, or capping abandoned wells required--Rules.

46-6-27. Plugging, sealing, or capping abandoned wells required--Rules.If the owner of an existing well drills a replacement well and if the owner has no plan to use the existing well, the existing well is considered abandoned. The well owner shall plug the abandoned well within thirty days after the new well is ready for use. Any well that is being used or is not considered abandoned shall be sealed or capped at the surface. The Water Management Board shall promulgate rules pursuant to chapter 1-26 providing for plugging, capping, or sealing of wells to protect the health and safety of the public and to prevent contamination of groundwater by surface waters. Source: SL 1983, ch 319, §1; SL 1993, ch 256, §61.
SD Codified L § 46-6-28 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 06 - Groundwater And Wells|Section 46-6-28 - Geological survey to plug unused wells.

46-6-28. Geological survey to plug unused wells.The state geological survey shall plug its test holes, observation wells, and any other of its borings or wells, pursuant to the provisions of §46-6-27, if they are no longer being used. Source: SL 1983, ch 319, §2.
SD Codified L § 46-6-29 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 06 - Groundwater And Wells|Section 46-6-29 - Plugging or controlling large capacity well by chief engineer--Costs.

46-6-29. Plugging or controlling large capacity well by chief engineer--Costs.If an owner of property fails to plug or otherwise control a large capacity artesian well on his property after receiving an order to do so from the Water Management Board under the provisions of §46-6-14, the chief engineer may enter upon the property where the well is located and plug or otherwise control the well. The cost of plugging or controlling the well shall be borne by the owner of the property and shall be recorded with the county register of deeds as a lien against the property until paid. This section does not limit or foreclose any other remedy against the owner of the property. Source: SL 1983, ch 314, §106.
SD Codified L § 46-6-30 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 06 - Groundwater And Wells|Section 46-6-30 - Order of chief engineer for proper construction or repair of well--Plugging or controlling well--Costs.

46-6-30. Order of chief engineer for proper construction or repair of well--Plugging or controlling well--Costs.The chief engineer, during or immediately following construction of a well, may order the owner or driller of the well to properly construct or repair the well if the chief engineer determines that there is a serious and imminent threat to health or property. The chief engineer, upon failure of an owner or driller to comply with an order issued pursuant to this section, may enter upon the property where the well is located and plug or otherwise control the well. The cost of plugging or controlling the well shall be borne by the owner of the property and shall be recorded with the county register of deeds as a lien against the property until paid. This section does not limit any other remedy against an owner or driller of a well. Source: SL 1983, ch 314, §110; SL 2011, ch 165, §277.
SD Codified L § 46-6-31 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 06 - Groundwater And Wells|Section 46-6-31 - Plugging or controlling well by chief engineer--Bidding provisions.

46-6-31. Plugging or controlling well by chief engineer--Bidding provisions.The chief engineer, if plugging or otherwise controlling a well pursuant to the provisions of §§46-6-29 and 46-6-30, shall comply with the bidding provisions of chapters 5-18A and 5-18B unless the chief engineer determines that compliance with those provisions will result in harm to health or property or will result in an unreasonable waste of water. Source: SL 1983, ch 314, §111; SL 2011, ch 2, §144; SL 2011, ch 165, §278.
SD Codified L § 46-7-1 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 07 - Storage, Diversion And Irrigation Works|Section 46-7-1 - Excess capacity of works--Availability for beneficial use.

46-7-1. Excess capacity of works--Availability for beneficial use.The owner of any works for storage, diversion, or carriage of water which have a capacity in excess of the needs of the owner for lawful application of water to beneficial use may be required to make the excess capacity available, at reasonable rates, to any person entitled to use water for beneficial purposes. However, the excess capacity need not be made available if the use of the excess capacity would unreasonably damage existing works or require substantial modification of the works. Upon petition, the Water Management Board may determine if excess capacity can be used without unreasonable damage to existing works or without requiring substantial modification of the works. If the board's findings are positive, it may establish reasonable rates and may set the compensation to be paid to the owner for damage to existing works. This section does not obligate any person to continue operation of any works. Source: SDC 1939, §61.0136; SL 1955, ch 430, §1; SDC Supp 1960, §61.0121; SL 1983, ch 314, §115.
SD Codified L § 46-7-2 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 07 - Storage, Diversion And Irrigation Works|Section 46-7-2 - Headgates or other measuring devices required.

46-7-2. Headgates or other measuring devices required.Any appropriator may be required to construct and maintain a substantial headgate or other means of measurement at the point of diversion or at any other point or points as required by the Water Management Board and shall construct or install a measuring device of a design approved by the board at the most practical point or points for measuring and apportioning the water as approved in the permit or license or as determined by the board. The board may order the construction or installation of a measuring device by an appropriator and, if it is not completed within twenty days thereafter, the board may refuse to allow diversion by the appropriator. Devices not of a stationary nature shall be so arranged that they can be locked in place. Source: SDC 1939, §61.0143; SL 1955, ch 430, §1; SDC Supp 1960, §61.0130; SL 1978, ch 324; SL 1983, ch 314, §116.
SD Codified L § 46-7-3 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 07 - Storage, Diversion And Irrigation Works|Section 46-7-3 - Repair of works required--Rules.

46-7-3. Repair of works required--Rules.The owner of any works for the storage, diversion or carriage of water or for the application of water to beneficial use, including wells, shall keep the works in good repair at all times to ensure safety of the works and to prevent waste of water. The water management board may promulgate rules pursuant to chapter 1-26 to establish minimum safety standards for the design, construction, alteration, maintenance and repair of works. For the purpose of making repairs, the owner may enter upon the lands where the works are located, taking care to avoid unnecessary damage, and shall pay the owner of the lands for any actual damage which is caused. Source: SDC 1939, §61.0426; SL 1955, ch 431, §1; SL 1983, ch 314, §117; SL 1987, ch 328, §1.
SD Codified L § 46-7-5 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 07 - Storage, Diversion And Irrigation Works|Section 46-7-5 - Inspection of works by chief engineer--Order for repair of unsafe works--Repair by chief engineer--Costs--Filing of written protest--Hearing--Liability of chief engineer and state.

46-7-5. Inspection of works by chief engineer--Order for repair of unsafe works--Repair by chief engineer--Costs--Filing of written protest--Hearing--Liability of chief engineer and state.The chief engineer may inspect any works described in §46-7-3, including abandoned works, to determine whether the works are safe. If works are found to be unsafe, the chief engineer shall notify the owner and shall order the owner to make changes necessary to secure the safety of the works, allowing a reasonable time, not to exceed six months, for putting the works in a safe condition. The order may specify that if the owner fails to make the repairs in the time allowed, the chief engineer may enter the property and put the works in a safe condition. Any costs incurred shall be borne by the owner in accordance with §46-7-5.1. The owner may contest the order of the chief engineer by filing a protest in writing with the chief engineer within twenty days of the service of the order upon the owner. Upon receiving the protest, the chief engineer shall schedule the matter for hearing with the board in accordance with the provisions of chapter 46-2A. The filing of the written protest suspends the operation of the chief engineer's order until further action by the board. The board may affirm, modify, or reverse the order of the chief engineer. No owner of unsafe works as determined by the chief engineer or, after a protest and hearing, by the board may fail or refuse to make changes necessary to secure the works' safety pursuant to the order. The chief engineer, the state, or its employees do not incur any liability, either sovereign or personal, as a result of the duties imposed by this section or other provisions related to the inspection and repair, maintenance, or alteration of works or the notification to owners of unsafe conditions. Source: SDC 1939, §61.0130; SL 1955, ch 430, §1; SDC Supp 1960, §61.0118; SL 1983, ch 314, §119; SL 1987, ch 328, §1A; SL 2011, ch 165, §279.
SD Codified L § 46-7-5.1 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 07 - Storage, Diversion And Irrigation Works|Section 46-7-5.1 - Repair of unsafe works by chief engineer--Cost as lien against property--Bidding provisions.

46-7-5.1. Repair of unsafe works by chief engineer--Cost as lien against property--Bidding provisions.Upon failure or refusal of an owner of unsafe works to make the changes necessary to secure the safety of the works pursuant to the chief engineer's order or order of the board, the chief engineer may enter upon the property where the works are located and make the necessary changes. The cost of the work shall be borne by the owner of the works and may be recorded as a lien against any property of the owner until paid. This section does not limit any other remedy against the owner of the works. The chief engineer shall comply with the bidding provisions of chapters 5-18A and 5-18B unless the chief engineer determines that compliance with those provisions will result in harm to public health or property. Source: SL 1983, ch 314, §121; SL 1987, ch 328, §1B; SL 2011, ch 2, §145; SL 2011, ch 165, §280.