reglab/housing_qa huggingface dataset:
SD Codified L § 46-2A-17 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 02A - Administrative Procedure For Appropriation Of Water|Section 46-2A-17 - Hearing to oppose validation--Notice.

46-2A-17. Hearing to oppose validation--Notice.If a petition of intent to oppose the validation of a recognized vested water right claim is filed pursuant to §46-2A-16, the Board of Water Management shall hear and determine the matter de novo. Further published notice is not necessary, but the parties shall be notified of the hearing by first class mail. If no petition opposing validation of the recognized water right claim is filed pursuant to §46-2A-16, the board shall issue an order validating the vested right claim. Source: SL 1986, ch 363, §2.
SD Codified L § 46-2A-18 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 02A - Administrative Procedure For Appropriation Of Water|Section 46-2A-18 - Abandonment of validated vested right.

46-2A-18. Abandonment of validated vested right.Recognition or validation of a vested right under §46-5-49 or 46-6-2 does not protect the water right from a claim of abandonment or forfeiture based upon acts occurring in whole or in part after the date of the board's recognition or validation. The entry of an order under §46-2A-17 does not protect the water right from a claim of abandonment or forfeiture based upon acts occurring in whole or in part after the date of the original acceptance of the filing of the claim by the chief engineer or the Board of Water Management. Source: SL 1986, ch 363, §3.
SD Codified L § 46-2A-19 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 02A - Administrative Procedure For Appropriation Of Water|Section 46-2A-19 - Adjustment and validation of certain interstate water right claims.

46-2A-19. Adjustment and validation of certain interstate water right claims.Any person claiming to be the owner of a right to appropriate water from any source for beneficial use other than domestic uses as defined in subdivision §46-1-6(7), on property in the State of South Dakota which was located in the state of Nebraska prior to ratification and approval of state boundary changes pursuant to §1-2-8 shall file with the chief engineer prior to July 1, l993, any water use claim in a form and manner prescribed by the Board of Water Management. The claim shall set forth the water source, the amount of water used, when the water was used, purpose of use, the location of the diversion works and, if the water has been used for irrigation purposes, the legal description of the land upon which the water has been used and the name of the land owner. Any water right or other document issued by the state of Nebraska concerning the claimed water use shall accompany the claim. The claim shall be signed under oath, and shall be either from the claimant's own personal knowledge or on information and belief. The hearing on the claim shall be conducted pursuant to the procedures contained in this chapter. If the claim is approved by the Board of Water Management, the priority date assigned to the claim shall be either the date assigned to a water right granted in the state of Nebraska or the date water was originally put to beneficial use in the state of Nebraska, if no water right was granted. Failure to file a claim prior to July 1, 1993, waives any claim for appropriation of water. Source: SL 1991, ch 370.
SD Codified L § 46-2A-20 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 02A - Administrative Procedure For Appropriation Of Water|Section 46-2A-20 - Term limitation on water withdrawal from Madison formation in certain counties.

46-2A-20. Term limitation on water withdrawal from Madison formation in certain counties.Notwithstanding §§46-1-14 and 46-2A-7, no water permit for construction of works to withdraw water from the Madison formation in Butte, Fall River, Custer, Lawrence, Meade and Pennington counties may be issued for a term of more than twenty years, unless the Water Management Board determines, based upon the evidence presented at a hearing that:(1)Sufficient information is available to determine whether any significant adverse hydrologic effects on the supply of water in the Madison formation would result if the proposed withdrawal were approved; and(2)The information, whether provided by the applicant or by other means, shows that there is a reasonable probability that issuance of the proposed permit would not have a significant adverse effect on nearby Madison formation wells and springs. Source: SL 1992, ch 315, §1.
SD Codified L § 46-2A-21 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 02A - Administrative Procedure For Appropriation Of Water|Section 46-2A-21 - Deletion of term limitation under certain conditions--Cancellation or amendment of permit.

46-2A-21. Deletion of term limitation under certain conditions--Cancellation or amendment of permit.At any time during the twenty-year term set forth in §46-2A-20, or following its expiration, the board may delete the term limitation condition upon a finding that sufficient information has become available to determine:(1)Whether the withdrawal would cause any significant adverse effects on the supply of water in the Madison formation; and(2)Whether the withdrawal would cause any significant adverse effects on nearby Madison formation wells and springs.At the end of the twenty-year limitation, the board may cancel a permit or amend the permit with a new term limitation of up to twenty years, if the board is unable to make a finding after notice and hearing that sufficient information is available to delete the term limitation. The priority date for any permit issued with a term limitation or amended with an additional term limitation shall be the date the original application was filed. Source: SL 1992, ch 315, §2.
SD Codified L § 46-2A-22 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 02A - Administrative Procedure For Appropriation Of Water|Section 46-2A-22 - Correction of errors in published notice of vested right claims--Contents--Hearing only on filing of petition.

46-2A-22. Correction of errors in published notice of vested right claims--Contents--Hearing only on filing of petition.Any vested right claim published for validation in accordance with §46-2A-16 may be readvertised to correct errors in the published notice pursuant to the publication time frame and comment period established by §46-2A-4. The contents of the notice shall conform to §46-2A-16, as applicable, and delivery of a copy of the notice to all known water right or water permit holders is not required. No hearing may be scheduled unless a petition of intent to oppose is filed. Source: SL 1992, ch 254, §80.
SD Codified L § 46-2A-23 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 02A - Administrative Procedure For Appropriation Of Water|Section 46-2A-23 - Publication of notice to determine opposition to application or recommendation of chief engineer--Petition to contest--Notice of hearing.

46-2A-23. Publication of notice to determine opposition to application or recommendation of chief engineer--Petition to contest--Notice of hearing. Following the issuance of a recommendation to approve an application pursuant to §46-2A-2, the chief engineer may publish, at the expense of the applicant, a notice to determine whether any person opposes the application or recommendation of the chief engineer. The notice shall be published as provided for in §46-2A-4, and the notice shall contain the information provided for in subdivisions 46-2A-4(1) to (8), inclusive, and (12). The notice is not required to refer to a board meeting or hearing date. In addition, the notice shall include a statement that if the applicant intends to contest the recommendation, the applicant shall file a petition with the chief engineer, and any interested person meeting petitioner requirements found in subdivision 46-2A-4(4) who intends to oppose the application or recommendation shall file a petition with the chief engineer and the applicant. Any petition shall be filed within ten days of the published notice. A statement shall also be included that any comment filed pursuant to subdivision 46-2A-4(7) will not cause a hearing to be held.If no petition to contest the recommendation or to oppose an application is timely filed, the chief engineer, following receipt of proof of publication, shall act on the application consistent with the chief engineer's recommendation as provided by rules promulgated by the Water Management Board pursuant to chapter 1-26 delegating authority to the chief engineer to issue uncontested permits pursuant to §§46-1-16 and 46-2-3.1, without hearing by the board.If a petition to contest the recommendation or to oppose the application is timely filed, the chief engineer shall provide notice of a board hearing pursuant to §1-26-17. The notice shall also include a statement that the recommendation of the chief engineer is not final or binding upon the board and is subject to the decision of the board based on evidence and record of the public hearing. A statement shall also be included in the notice that the applicant or any interested person who has filed a petition to oppose an application, may file a written notice with the chief engineer requesting postponement of the original hearing date. The written notice requesting postponement shall be filed within ten days of the date of the notice scheduling the board hearing. Upon timely receipt of a written notice, the chief engineer shall cancel the original hearing and reschedule the hearing not less than twenty days after the original hearing date. Notice of hearing shall be provided by personal service or by first class mail to the applicant and parties of record. Source: SL 1993, ch 334, §2; SL 2011, ch 165, §258; SL 2012, ch 214, §2; SL 2021, ch 192, § 5.
SD Codified L § 46-4-1 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 04 - Dry-Draw And Nonnavigable Stream Dams|Section 46-4-1 - Dry-draw on agricultural lands--Right to construct dam--Right or permit for dam on stream or dry-draw subject to prior appropriation.

46-4-1. Dry-draw on agricultural lands--Right to construct dam--Right or permit for dam on stream or dry-draw subject to prior appropriation.Upon compliance with §46-4-3, any person who has or holds any possession, right or title to any agricultural lands may construct a dam across a dry-draw without obtaining a permit to appropriate water unless the dam will impound more than twenty-five acre feet of water. Any water right or permit for a dam on a stream or a dry-draw for domestic or other use is subject to the doctrine of prior appropriation. Source: SDC 1939, §61.0133; SL 1955, ch 430, §1; SL 1957, ch 490, §3; SL 1959, ch 451; SDC Supp 1960, §61.0138 (1); SL 1983, ch 318, §1.
SD Codified L § 46-4-1.1 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 04 - Dry-Draw And Nonnavigable Stream Dams|Section 46-4-1.1 - Nonnavigable stream--Right to construct and maintain dam.

46-4-1.1. Nonnavigable stream--Right to construct and maintain dam.Any person owning land through which any nonnavigable stream passes may construct and maintain a dam across the nonnavigable stream if the course of the water is not changed, vested rights are not interfered with and no land flooded other than that belonging to the owner of the dam or upon which an easement for that purpose has been secured. Source: SL 1983, ch 318, §2.
SD Codified L § 46-4-2 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 04 - Dry-Draw And Nonnavigable Stream Dams|Section 46-4-2 - Upper users priority for domestic use--Exception--Contest resolution--Appeal.

46-4-2. Upper users priority for domestic use--Exception--Contest resolution--Appeal.For the uses stated in this chapter, upper users have first priority for domestic use except that it is unlawful for an upper owner to build new works that would deprive a lower owner of water which has been regularly approved under this chapter. Any contest between upper and lower dry-draw 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. Source: SL 1957, ch 490, §3; SDC Supp 1960, §61.0138 (5); SL 1983, ch 318, §3.
SD Codified L § 46-4-3 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 04 - Dry-Draw And Nonnavigable Stream Dams|Section 46-4-3 - Location notice required--Filing.

46-4-3. Location notice required--Filing.Any person desiring to take advantage of any of the rights provided in this chapter shall file a location notice with the register of deeds of the county in which the right is located and shall mail a copy of the notice to the Water Management Board. Source: SDC 1939, §61.0133; SL 1955, ch 430, §1; SL 1957, ch 490, §3; SDC Supp 1960, §61.0138 (2); SL 1983, ch 318, §4; SL 2011, ch 165, §263.
SD Codified L § 46-4-4 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 04 - Dry-Draw And Nonnavigable Stream Dams|Section 46-4-4 - Location notice--Contents--Verification.

46-4-4. Location notice--Contents--Verification.The location notice required under the provisions of §46-4-3 shall contain the following information:(1)The name and address of the landowner and of the locator;(2)The date of the notice;(3)The legal description of the land upon which the dam is to be located;(4)The total number of acre-feet of water claimed for all purposes for each year;(5)The acre-foot storage capacity of the reservoirs;(6)The estimated surface area of the storage basin; and(7)The number of acres of watershed above the dam.The location notice shall be subscribed and sworn to by the applicant before a notary public or other officer having a seal. Source: SDC 1939, §61.0133; SL 1955, ch 430, §1; SL 1957, ch 490, §3; SDC Supp 1960, §61.0138 (3); SL 1983, ch 318, §5.
SD Codified L § 46-4-5 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 04 - Dry-Draw And Nonnavigable Stream Dams|Section 46-4-5 - Vested right to water from dry-draw.

46-4-5. Vested right to water from dry-draw.The right of any person to continue the use of water from any dry-draw is a vested right, to the extent it is not abandoned or forfeited and:(1)The water had actually been applied to a beneficial use on March 18, 1957, or within three years immediately before that date to the extent of the actual beneficial use of the water; or(2)The dry-draw owner was engaged in the construction of works for the actual application of water to a beneficial use on March 18, 1957, if the works were completed and water actually applied for such use within a reasonable time after that date, to the extent of actual beneficial use of the water; or(3)The dry-draw owner filed a location notice and constructed or was in the process of constructing the dry-draw structure on December 31, 1982, if the works were completed and water actually applied to beneficial use within a reasonable time after that date to the extent of actual beneficial use. Source: SL 1957, ch 490, §3; SDC Supp 1960, §61.0138 (4); SL 1981, ch 315; SL 1983, ch 318, §6; SL 2011, ch 165, §264.
SD Codified L § 46-4-6 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 04 - Dry-Draw And Nonnavigable Stream Dams|Section 46-4-6 - Time for construction and completion of dam.

46-4-6. Time for construction and completion of dam.Any person appropriating the waters of any dry-draw or watercourse within this state, within sixty days after the filing of the notice provided for in §§46-4-3 and 46-4-4, shall begin the construction of the dam mentioned in §46-4-1 for the storage or diversion of the waters, shall proceed diligently to complete the dam and shall divert the waters for beneficial use as rapidly as possible. Source: SDC 1939, §61.0133; SL 1955, ch 430, §1; SL 1957, ch 490, §3; SL 1959, ch 451; SDC Supp 1960, §61.0138 (1); SL 1983, ch 318, §7.
SD Codified L § 46-5-1 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 05 - Appropriation Of Water|Section 46-5-1 - Natural flow of stream or spring--Restrictions on riparian use.

46-5-1. Natural flow of stream or spring--Restrictions on riparian use.No landowner may prevent the natural flow of a stream, or of a natural spring from where it starts its definite course, or of a natural spring arising on his or her land which flows into and constitutes a part of the water supply of a natural stream, nor pursue nor pollute any of these, except as provided by §46-5-2. Source: SDC 1939, §61.0101; SL 1955, ch 430, §1; SDC Supp 1960, §61.0137; SL 1983, ch 314, §39; SL 2011, ch 165, §265.
SD Codified L § 46-5-1.1 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 05 - Appropriation Of Water|Section 46-5-1.1 - Obstruction of navigable watercourse or interference with stage, level, or flow of public waters prohibited--Contests resolved by Water Management Board.

46-5-1.1. Obstruction of navigable watercourse or interference with stage, level, or flow of public waters prohibited--Contests resolved by Water Management Board.No person may obstruct the free navigation of any navigable watercourse within this state. No person, except under lawful authority to do so, may intentionally obstruct, tamper with, or interfere with the stage, level, or flow of the public waters of this state by any means, including a ditch, drain, or dike, so that the stage, level, or flow of water in any lake, stream, river, or other public watercourse is raised or lowered or its natural flow interfered with in any way. At the request of any person, unit of local government, or political subdivision of the state, any contest pertaining to the restrictions set forth in this section may be brought to the Water Management Board for resolution. The board may require the parties to any contested case under this section to submit the matter for mediation prior to a hearing before the board. Mediation may be informal or through a trained professional mediator as may be directed by the board. All costs of mediation shall be equally shared by the parties unless the parties agree to some other apportionment of costs. The parties shall report to the board at its next regularly scheduled meeting the status of the mediation. If the parties are unable to resolve the matter through mediation, the matter shall be submitted to the board for resolution by contested case hearing. The board's ruling may be appealed to the circuit court under the provisions of chapter 1-26. Source: SDC 1939, §13.1615; SL 1955, ch 435; SDC Supp 1960, §13.4522; SDCL, §§46-26-1, 46-26-2; SL 1983, ch 314, §38; SL 1996, ch 264.
SD Codified L § 46-5-1.2 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 05 - Appropriation Of Water|Section 46-5-1.2 - Removal of obstructions built by beavers if lands flooded or water rights impaired.

46-5-1.2. Removal of obstructions built by beavers if lands flooded or water rights impaired.No person owning land through which a watercourse passes may prohibit the removal of obstructions built by beavers in the watercourse, if the beavers have obstructed or interfered with the flow of water through the watercourse in a manner that floods land belonging to others or impairs existing water rights. Upon written request, the Department of Game, Fish and Parks may authorize removal of the beavers. Source: SL 1987, ch 332, §6.
SD Codified L § 46-5-2 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 05 - Appropriation Of Water|Section 46-5-2 - Nonnavigable stream--Right to construct and maintain dam.

46-5-2. Nonnavigable stream--Right to construct and maintain dam.Any person owning land through which any nonnavigable stream passes, may construct and maintain a dam across such nonnavigable stream if the course of the water is not changed, vested rights are not interfered with, and no land flooded other than that belonging to the owner of such dam or upon which an easement for such purpose has been secured. Source: SDC 1939, §61.0101; SL 1955, ch 430, §1; SDC Supp 1960, §61.0137.
SD Codified L § 46-5-3 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 05 - Appropriation Of Water|Section 46-5-3 - Natural spring forming part of stream--Right to appropriate flow from spring.

46-5-3. Natural spring forming part of stream--Right to appropriate flow from spring.Nothing in §46-5-1 or 46-5-2 may be construed to prevent the owner of land on which a natural spring arises and which constitutes the source or part of the water supply of a definite stream from acquiring a right to appropriate the flow from the spring as provided by law for appropriation of waters. Source: SL 1955, ch 430, §1; SDC Supp 1960, §61.0137; SL 1983, ch 314, §40.
SD Codified L § 46-5-4 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 05 - Appropriation Of Water|Section 46-5-4 - Priority of appropriative rights granted since March 7, 1907.

46-5-4. Priority of appropriative rights granted since March 7, 1907.Appropriative rights to water granted since March 7, 1907, are in full force and effect and their respective priority dates retained according to valid legal records. Source: SL 1955, ch 430, §1; SDC Supp 1960, §61.0108; SL 1983, ch 314, §41.
SD Codified L § 46-5-4.1 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 05 - Appropriation Of Water|Section 46-5-4.1 - Validation of prior licenses.

46-5-4.1. Validation of prior licenses.Any license issued prior to January 1, 1983, by the chief engineer or the Water Management Board is hereby cured, legalized, and validated as fully as if the license had been issued in full compliance with all existing provisions of this title. Source: SL 1983, ch 314, §60.
SD Codified L § 46-5-5 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 05 - Appropriation Of Water|Section 46-5-5 - Waters flowing in definite stream subject to appropriation--Beneficial use--Excessive appropriation not allowed.

46-5-5. Waters flowing in definite stream subject to appropriation--Beneficial use--Excessive appropriation not allowed.Subject to vested rights and prior appropriations, all waters flowing in definite streams of the state may be appropriated only as provided in chapters 46-1 to 46-10, inclusive. A water right does not constitute absolute ownership of the water, but shall remain subject to the principle of beneficial use. No appropriation in excess of the reasonable needs of the appropriators may be allowed. Source: SDC 1939, §61.0102; SL 1955, ch 430, §1; SDC Supp 1960, §61.0109; SL 1983, ch 314, §42.
SD Codified L § 46-5-6 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 05 - Appropriation Of Water|Section 46-5-6 - Appropriation of water for irrigation--Limitation of amount.

46-5-6. Appropriation of water for irrigation--Limitation of amount.In the issuance of permits to appropriate water for irrigation or in the adjudication of rights to the use of water for such purpose, the amount allowed may not be in excess of the rate of one cubic foot of water per second for each seventy acres, or the equivalent thereof, and the volume of water diverted for use may not exceed two acre-feet per acre, delivered on the land for a specified time each year. The Water Management Board may allow a greater diversion, in volume or rate or both, if the method of irrigation, any time constraints on diversion of water, or the type of soil so requires. However, no annual volume may be greater than three acre-feet per acre delivered to the land. The above rate of one cubic foot per second for each seventy acres does not apply in cases of flood water at such times when the flow of the stream is much in excess of the total recorded and approved rights on the stream. Source: SDC 1939, §61.0140; SL 1955, ch 430, §1; SL 1957, ch 490, §2; SDC Supp 1960, §61.0126; SL 1976, ch 274; SL 1978, ch 308; SL 1996, ch 263, §2.