reglab/housing_qa huggingface dataset:
SD Codified L § 46-7-5.2 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 07 - Storage, Diversion And Irrigation Works|Section 46-7-5.2 - Breach or repair of works by chief engineer to protect human life--Cost as lien against property--Other remedies.

46-7-5.2. Breach or repair of works by chief engineer to protect human life--Cost as lien against property--Other remedies.Notwithstanding the pendency of any notice, order, or protest pursuant to §46-7-5, the chief engineer may immediately breach or repair any works if, in the chief engineer's judgment, it is necessary to protect human life from imminent danger. The cost of the work in such cases shall be borne by the owner of the works and may be recorded as a lien against any property of the owner until paid. The provisions of chapters 5-18A and 5-18B are not applicable to this section. This section does not limit any other remedy against the owner of the works. Source: SL 1987, ch 328, §1C; SL 2011, ch 2, §146.
SD Codified L § 46-7-5.3 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 07 - Storage, Diversion And Irrigation Works|Section 46-7-5.3 - Investigation of dam--Variance relating to minimum spillway design requirements--Hearing.

46-7-5.3. Investigation of dam--Variance relating to minimum spillway design requirements--Hearing.Upon petition to the board by the owner of a dam, the chief engineer may investigate and conduct the necessary analysis to determine the potential for damage to downstream residents or property if a dam were to fail due to inadequate spillway capacity. After the investigation and analysis, the chief engineer may recommend that a variance to board rules relating to minimum spillway design requirements for dams be granted or denied. The recommendation, notice, and hearing before the board shall be conducted pursuant to the procedure contained in chapter 46-2A. Following the hearing, the board may grant a variance upon a finding that failure of the dam due to inadequate spillway capacity will not increase the potential for damage from flooding to downstream residents or property. Source: SL 1987, ch 328, §1D.
SD Codified L § 46-7-5.4 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 07 - Storage, Diversion And Irrigation Works|Section 46-7-5.4 - Definition of terms.

46-7-5.4. Definition of terms.Terms used in §§46-7-5.5 to 46-7-5.11, inclusive, mean:(1)"Affidavit," a written declaration under oath, made on personal knowledge, subscribed and dated by the owner in the presence of a notary public;(2)"Flood plain," an area below the dam that has been or may be covered with water from natural runoff or from any failure of the dam;(3)"High-hazard dam," a dam whose failure may cause loss of life; and(4)"Immediate family," the owner, the owner's spouse, and their minor children. Source: SL 1990, ch 357, §1.
SD Codified L § 46-7-5.5 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 07 - Storage, Diversion And Irrigation Works|Section 46-7-5.5 - Application to dams constructed before January 1, 1990--Owner and family sole residents--Determination of flood plain.

46-7-5.5. Application to dams constructed before January 1, 1990--Owner and family sole residents--Determination of flood plain.The provisions of §§46-7-5.4 to 46-7-5.11, inclusive, only apply to privately owned high-hazard dams constructed before January 1, 1990, if the owner and the owner's immediate family are the only persons residing below the dam within the flood plain. The chief engineer shall determine the flood plain. Source: SL 1990, ch 357, §3; SL 2011, ch 165, §281.
SD Codified L § 46-7-5.6 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 07 - Storage, Diversion And Irrigation Works|Section 46-7-5.6 - Owner's reporting requirements where nonowner establishes habitation within flood plain.

46-7-5.6. Owner's reporting requirements where nonowner establishes habitation within flood plain.If any individual other than the owner of a high-hazard dam establishes a habitation within the flood plain, the owner shall report the name, address and location of the individual to the chief engineer within ten days. Source: SL 1990, ch 357, §4.
SD Codified L § 46-7-5.7 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 07 - Storage, Diversion And Irrigation Works|Section 46-7-5.7 - Privately owned high-hazard dam--Where chief engineer and state not obligated to secure safety thereof--Owner's affidavit upon refusal to correct unsafe condition.

46-7-5.7. Privately owned high-hazard dam--Where chief engineer and state not obligated to secure safety thereof--Owner's affidavit upon refusal to correct unsafe condition.Notwithstanding the provisions of §§46-2-9, 46-2-17, 46-7-3, 46-7-5, 46-7-5.1, 46-7-5.2, and 46-7-5.3, the chief engineer and all officers, employees, and agents of the State of South Dakota are under no obligation to secure the safety of, or take any further action with regard to, a privately owned high-hazard dam if the owner of the dam:(1)Refuses to correct an unsafe condition identified by order of the chief engineer pursuant to §46-7-5; and(2)Executes an affidavit, which is accepted for filing by the Water Management Board. Source: SL 1990, ch 357, §2.
SD Codified L § 46-7-5.8 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 07 - Storage, Diversion And Irrigation Works|Section 46-7-5.8 - Requirements as to form and content of owner's affidavit.

46-7-5.8. Requirements as to form and content of owner's affidavit.The owner's affidavit referred to in §46-7-5.7 shall:(1)Be in a form prescribed and approved by the board;(2)Identify and describe the dam in question;(3)State the construction date of the dam;(4)Acknowledge that the owner is aware that the unsafe condition exists;(5)State that the owner refuses to correct the unsafe condition;(6)Include a description of the flood plain as determined by the chief engineer;(7)State that no one other than the owner and the owner's immediate family reside within the flood plain;(8)Include the owner's express assumption of all liability for any claim, injury, or damage resulting from failure of the dam, specifically holding the state, the board, the department, the chief engineer, and all officers, agents, or employees of the state harmless from any liability and damages for claims, injuries, damages, and costs, including attorney's fees resulting from failure of the dam;(9)Acknowledge that the owner is aware that the provisions of §§46-7-5.4 to 46-7-5.11, inclusive, only apply to privately owned high-hazard dams constructed before January 1, 1990, if the owner and the owner's immediate family are the only persons residing below the dam within the flood plain; and(10)State that if any individual other than the owner establishes a habitation within the flood plain, the owner will report the name, address, and location of the individual to the chief engineer within ten days. Source: SL 1990, ch 357, §5; SL 2011, ch 165, §282.
SD Codified L § 46-7-5.9 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 07 - Storage, Diversion And Irrigation Works|Section 46-7-5.9 - Board's acceptance of owner's affidavit--Conditions.

46-7-5.9. Board's acceptance of owner's affidavit--Conditions.The board, based on the specific facts of each case, may impose reasonable conditions upon the acceptance of the owner's affidavit for filing if those conditions are related to the promotion of the health, safety, and welfare of any minor children, third persons, or the general public. The board shall refuse to accept any owner's affidavit for filing unless the board is satisfied that:(1)The owner has complied with the terms of §§46-7-5.4 to 46-7-5.11, inclusive;(2)The dam in question is a privately owned high-hazard dam, constructed prior to January 1, 1990; and(3)The owner and his immediate family are the only persons residing within the flood plain. Source: SL 1990, ch 357, §6.
SD Codified L § 46-7-5.10 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 07 - Storage, Diversion And Irrigation Works|Section 46-7-5.10 - Recording requirements as to owner's affidavit.

46-7-5.10. Recording requirements as to owner's affidavit.An affidavit accepted for filing by the board, together with any conditions set by the board, shall be recorded by the owner in the office of the register of deeds in any county where the dam or flood plain are located. Source: SL 1990, ch 357, §7.
SD Codified L § 46-7-5.11 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 07 - Storage, Diversion And Irrigation Works|Section 46-7-5.11 - Where privately owned high-hazard dam is subject to action by chief engineer and state.

46-7-5.11. Where privately owned high-hazard dam is subject to action by chief engineer and state.The provisions of §46-7-5 shall take effect notwithstanding §46-7-5.7, if:(1)The owner fails to comply with §§46-7-5.4 to 46-7-5.11, inclusive;(2)The owner violates any of the conditions set by the board pursuant to §46-7-5.9; or(3)There has been a change of conditions which takes the dam out of the operation of §§46-7-5.4 to 46-7-5.11, inclusive.In addition, the board will cancel the filing and no further affidavits may be filed for the dam. Source: SL 1990, ch 357, §8.
SD Codified L § 46-7-12 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 07 - Storage, Diversion And Irrigation Works|Section 46-7-12 - Willful damage, destruction, or interference with works prohibited.

46-7-12. Willful damage, destruction, or interference with works prohibited.No person, for any purposes other than those contemplated by this title, may willfully damage, destroy, or otherwise interfere with any works for the application of water to beneficial use, for the apportionment or measurement of water or for any hydrographic study, nor may any person interfere with any person engaged in the discharge of any duties connected therewith. Source: SDC 1939, §61.9912; SL 1981, ch 316, §6; SL 1983, ch 314, §127.
SD Codified L § 46-7-14 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 07 - Storage, Diversion And Irrigation Works|Section 46-7-14 - Unauthorized injury to or interference with pier, boom, or dam prohibited.

46-7-14. Unauthorized injury to or interference with pier, boom, or dam prohibited.No person may, without authority of law, interfere with any pier, boom, or dam lawfully erected or maintained upon any waters within this state, hoist any gate of a dam, whether in or about the dam, damage or destroy any dam or any embankment necessary for support of the dam or maliciously make or cause to be made any aperture or cut in the dam or embankment with intent to damage or destroy it. Source: SDC 1939, §13.4506; SL 1981, ch 316, §8; SL 1983, ch 314, §129.
SD Codified L § 46-7-15 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 07 - Storage, Diversion And Irrigation Works|Section 46-7-15 - Removal or injury of piles prohibited.

46-7-15. Removal or injury of piles prohibited.No person may maliciously draw up, remove, cut, or otherwise injure any piles fixed in the ground and used for securing any bank or dam of any river, canal, drain, aqueduct, marsh, reservoir, pool, port, dock, quay, jetty, or lock. Source: SDC 1939, §13.4507; SL 1983, ch 314, §130.
SD Codified L § 46-8-1 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 08 - Eminent Domain|Section 46-8-1 - Right of eminent domain for application or conveyance of water for beneficial use.

46-8-1. Right of eminent domain for application or conveyance of water for beneficial use.Any person may exercise the right of eminent domain in the manner provided by law to acquire as a public use any property or other rights necessary for application of water to beneficial uses or to enlarge an existing structure for conveyance of water for use in common with an existing or former owner. Application of water to beneficial use is a public use, in the public interest and of benefit to the public. Source: SDC 1939, §61.0103; SL 1955, ch 430, §1; SDC Supp 1960, §61.0156; SL 1983, ch 314, §131.
SD Codified L § 46-8-1.1 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 08 - Eminent Domain|Section 46-8-1.1 - Limit on exercise of right of eminent domain.

46-8-1.1. Limit on exercise of right of eminent domain.Any exercise of the right of eminent domain under the provisions of this chapter shall do the least possible injury to private property, consistent with sound engineering principles and with economic feasibility. Source: SL 1983, ch 314, §132.
SD Codified L § 46-8-1.2 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 08 - Eminent Domain|Section 46-8-1.2 - Location of routes restricted.

46-8-1.2. Location of routes restricted.No routes acquired under the provisions of this chapter may be located within two hundred fifty feet of a dwelling house or other buildings on the premises or across any noncommercial orchard or garden without written consent of the owner. This section does not apply to works located in public rights-of-way or to water distribution systems as defined in §46-1-6. Source: SL 1983, ch 314, §134; SL 2006, ch 225, §1.
SD Codified L § 46-8-2 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 08 - Eminent Domain|Section 46-8-2 - Permission required for entry on land for surveys--Liability for damages.

46-8-2. Permission required for entry on land for surveys--Liability for damages.No person may enter upon the lands of any other person without first obtaining written permission or a court order obtained pursuant to §46-8-2.1 for the purpose of surveying or locating the most advantageous route for works necessary to put water to beneficial use. Actual damages sustained by reason of the entrance are the responsibility of the person causing the damages. Source: SDC 1939, §61.0416; SL 1955, ch 431, §1; SL 1983, ch 314, §133.
SD Codified L § 46-8-2.1 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 08 - Eminent Domain|Section 46-8-2.1 - Order of circuit court for entry on land.

46-8-2.1. Order of circuit court for entry on land.The circuit court for the county in which a proposed water project is located has jurisdiction to issue an order permitting entry upon land for the purpose of surveying or locating the most advantageous route for works necessary to put water to beneficial use. No order may be issued unless the petitioner can show a present intent to construct a project to put water to beneficial use. Source: SL 1983, ch 314, §133A.
SD Codified L § 46-8-6 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 08 - Eminent Domain|Section 46-8-6 - Multiple water conduits prohibited where single conduit sufficient.

46-8-6. Multiple water conduits prohibited where single conduit sufficient.The right of eminent domain may not be exercised to allow two or more pipelines, canals, ditches, or other water conduits to be constructed on lands owned by any person when a single pipeline, canal, ditch, or other water conduit can feasibly convey the water. Source: SDC 1939, §61.0417; SL 1955, ch 431, §1; SL 1983, ch 314, §138.
SD Codified L § 46-8-7 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 08 - Eminent Domain|Section 46-8-7 - Plat of route for water conduit--Certification and recording.

46-8-7. Plat of route for water conduit--Certification and recording.When the route for any pipeline, canal, ditch, or other water conduit mentioned in this chapter is located, a correct survey and plat of the route shall be made, indicating by proper description the lands over which the route is located. The plat shall be certified and recorded in the office of the register of deeds of the county or counties in which the route is located. Source: SDC 1939, §61.0425; SL 1955, ch 431, §1; SL 1983, ch 314, §139.
SD Codified L § 46-8-8 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 08 - Eminent Domain|Section 46-8-8 - Right for location of route an easement.

46-8-8. Right for location of route an easement.The right acquired by the location of the route for any waterway mentioned in this chapter shall be an easement. Source: SDC 1939, §61.0425; SL 1955, ch 431, §1; SL 1983, ch 314, §140.
SD Codified L § 46-8-10 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 08 - Eminent Domain|Section 46-8-10 - Reasonable access to land.

46-8-10. Reasonable access to land.The owner of any works for application of water to beneficial use which may prevent reasonable access to lands crossed or adjacent to the works is responsible for providing reasonable access to the land. If the owner of the works does not provide reasonable access, the owner or occupant of the land may construct reasonable access and may recover the costs of constructing access from the owner of the works. Source: SDC 1939, §61.0428; SL 1955, ch 431, §1; SL 1983, ch 314, §142.
SD Codified L § 46-8-16 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 08 - Eminent Domain|Section 46-8-16 - Right to cross public or railroad right-of-way--Construction of bridges, culverts, or similar structures.

46-8-16. Right to cross public or railroad right-of-way--Construction of bridges, culverts, or similar structures.An owner of works for the storage, carriage, or application of water to beneficial use has the right to cross any public or railroad right-of-way, subject to such reasonable conditions as may be prescribed by the board or officer having charge of the right-of-way. The owner of the works shall notify the board or officer in charge of the right-of-way in writing showing the location and character of the crossing and shall provide a plat showing the location of the proposed route across the right-of-way. The owner of the works shall bear the cost of construction of any bridge, culvert, or similar structure where it crosses the right-of-way. All bridges, culverts, or similar structures shall be constructed in accordance with pertinent provisions of law. Source: SDC 1939, §61.0144; SL 1955, ch 430, §1; SDC Supp 1960, §61.0131; SL 1983, ch 314, §148.
SD Codified L § 46-8-18 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 08 - Eminent Domain|Section 46-8-18 - Right to cross school and public lands--Notice to commissioner.

46-8-18. Right to cross school and public lands--Notice to commissioner.An owner of works for storage, carriage, or application of water to beneficial use has the right, if necessary, to cross school and public lands, subject to such reasonable conditions as may be prescribed by the commissioner of school and public lands. The owner of the works shall notify the commissioner in writing prior to the crossing. The notification shall contain a description of the works, the location of the land and a plat showing the proposed route of the works. The owner of the works shall bear the cost of construction of any device necessary to assure continued use of the land in the usual manner. Source: SDC 1939, §61.0431; SL 1955, ch 431, §1; SL 1983, ch 314, §150.
SD Codified L § 46-10-1 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 10 - Adjudication Of Water Rights|Section 46-10-1 - Action for general adjudication of water or water use rights--When attorney general to bring.

46-10-1. Action for general adjudication of water or water use rights--When attorney general to bring.It shall be the duty of the attorney general to bring an action for the general adjudication of the nature, extent, content, scope, and relative priority of the water rights and the rights to use water of all persons, or entities, public or private, on any river system and on all other sources, when in his judgment, or in the judgment of the Water Management Board, the public interests require such action. Source: SDC 1939, §55.1811; SL 1980, ch 305, §1.
SD Codified L § 46-10-1.1 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 10 - Adjudication Of Water Rights|Section 46-10-1.1 - Procedure in actions for general adjudication.

46-10-1.1. Procedure in actions for general adjudication.The procedure in any case of general adjudication shall be as in other civil cases, insofar as that procedure is not inconsistent with this chapter. Source: SL 1980, ch 305, §15.
SD Codified L § 46-10-1.2 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 10 - Adjudication Of Water Rights|Section 46-10-1.2 - Orders in actions involving one hundred or more defendants.

46-10-1.2. Orders in actions involving one hundred or more defendants.In the conduct of actions to which §46-10-3.3 applies, the court may make appropriate orders(1)Providing for the limitation of service and filing, or substitutes therefor, of pleadings, briefs, orders, motions, demands, appearances, claim forms, discovery materials, and similar documents;(2)Requiring, for the fair conduct of the action, that notice be given all parties in a reasonable manner of any document served or filed in this action;(3)Providing for simplified discovery from any party, upon such terms and conditions as the court determines are advisable;(4)Adopting permissive or mandatory forms for the submission of claims to water rights or rights to use water; provided, however, that a party shall not be precluded from filing an answer or other pleading in addition to said forms;(5)Determining the course of proceedings and prescribing measures to prevent undue repetition or complication in the presentation of evidence and arguments;(6)Dealing with similar procedural matters.The orders may be combined with an order under §15-6-16 and may be altered or amended from time to time as the court deems advisable. Source: Supreme Court Rule 82-19.
SD Codified L § 46-10-2 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 10 - Adjudication Of Water Rights|Section 46-10-2 - Jurisdiction and venue of action for general adjudication.

46-10-2. Jurisdiction and venue of action for general adjudication.The court in which any action involving the general adjudication of water rights or rights to use water may be properly brought, shall have exclusive jurisdiction to hear and determine all questions necessary for the adjudication of all water rights and the rights to use water within the river system and all other sources involved; and the attorney general may bring suit as provided by law in any court having jurisdiction over any part of the river system and all other sources, which shall likewise have exclusive jurisdiction for such purposes. Source: SDC 1939, §61.0119; SL 1955, ch 430, §1; SDC Supp 1960, §61.0154; SL 1980, ch 305, §2.
SD Codified L § 46-10-2.1 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 10 - Adjudication Of Water Rights|Section 46-10-2.1 - Deposit of documents and orders with court.

46-10-2.1. Deposit of documents and orders with court.The court conducting a general adjudication may direct the chief engineer of the Water Management Board to deposit with the court certified copies of every water permit, water license, certificate of construction, or other document or order and every cancellation of each document or order in the river system and all other sources involved, within a time set by the court. This section does not in any manner limit the powers of the court. Source: SL 1980, ch 305, §3; SL 2011, ch 165, §283.