reglab/housing_qa huggingface dataset:
SD Codified L § 46-1-1 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 01 - Definitions And General Provisions|Section 46-1-1 - Use of water of state--Paramount interest of people--Conversion to public use.

46-1-1. Use of water of state--Paramount interest of people--Conversion to public use.It is hereby declared that the people of the state have a paramount interest in the use of all the water of the state and that the state shall determine what water of the state, surface and underground, can be converted to public use or controlled for public protection. Source: SL 1955, ch 430, §1; SDC Supp 1960, §61.0101 (3).
SD Codified L § 46-1-2 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 01 - Definitions And General Provisions|Section 46-1-2 - Development of water resources for public benefit.

46-1-2. Development of water resources for public benefit.It is hereby declared that the protection of the public interest in the development of the water resources of the state is of vital concern to the people of the state and that the state shall determine in what way the water of the state, both surface and underground, should be developed for the greatest public benefit. Source: SL 1955, ch 430, §1; SDC Supp 1960, §61.0101 (4); SL 1972, ch 237, §1; SL 1978, ch 323, §1.
SD Codified L § 46-1-3 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 01 - Definitions And General Provisions|Section 46-1-3 - Water as property of people--Appropriation of right to use.

46-1-3. Water as property of people--Appropriation of right to use.It is hereby declared that all water within the state is the property of the people of the state, but the right to the use of water may be acquired by appropriation as provided by law. Source: SL 1955, ch 430, §1; SDC Supp 1960, §61.0101 (2); SL 1983, ch 314, §1.
SD Codified L § 46-1-4 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 01 - Definitions And General Provisions|Section 46-1-4 - Beneficial use of water resources--Prevention of waste--Right to water from natural stream or watercourse.

46-1-4. Beneficial use of water resources--Prevention of waste--Right to water from natural stream or watercourse.It is hereby declared that, because of conditions prevailing in this state, the general welfare requires that the water resources of the state be put to beneficial use to the fullest extent of which they are capable, and that the waste or unreasonable method of use of water be prevented, and that the conservation of such water is to be exercised with a view to the reasonable and beneficial use of the water in the interest of the people and for the public welfare. The right to water or to the use or flow of water in or from any natural stream or watercourse in this state is limited to an amount of water reasonably required for the beneficial use to be served, and such right does not extend to the waste or unreasonable use or unreasonable method of diversion of water. Source: SL 1955, ch 430, §1; SDC Supp 1960, §61.0101 (1); SL 2011, ch 165, §254.
SD Codified L § 46-1-5 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 01 - Definitions And General Provisions|Section 46-1-5 - Domestic use of water takes precedence over appropriative rights--Governmental use.

46-1-5. Domestic use of water takes precedence over appropriative rights--Governmental use.It is the established policy of this state:(1)That the use of water for domestic purposes is the highest use of water and takes precedence over all appropriative rights, if it is exercised in a manner consistent with public interest as provided in §46-1-2;(2)That the state may, through its institutions, facilities, and properties, and a water distribution system may acquire and hold rights to use water, which rights shall be protected to the fullest extent necessary for existing and future uses, but neither the state nor any water distribution system may acquire or hold any right to waste any water, to use water for other than its own purposes or to prevent the appropriation and application of water in excess of its reasonable and existing needs for useful purposes by other persons, subject to the rights of the state or a water distribution system to apply the water to use whenever necessity therefor exists. Source: SL 1955, ch 430, §1; SDC Supp 1960, §61.0101 (5); SL 1966, ch 259, §1; SL 1972, ch 237, §2; SL 1983, ch 314, §2.
SD Codified L § 46-1-7 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 01 - Definitions And General Provisions|Section 46-1-7 - Standards of measurement--Flow of water--Volume of water--Miner's inch.

46-1-7. Standards of measurement--Flow of water--Volume of water--Miner's inch.The standard of the measurement of the flow of water shall be the cubic foot per second of time; and the standard of measurement of the volume of water shall be the acre-foot, being the amount of water upon an acre covered one foot deep, equivalent to forty-three thousand five hundred sixty cubic feet. The miner's inch shall be regarded as one-fiftieth of a cubic foot per second in all cases, except when some other equivalent of the cubic foot per second has been specially stated by the contract or has been established by actual measurement or use, or by court decree. Source: SDC 1939, §61.0138; SL 1955, ch 430, §1; SDC Supp 1960, §61.0124.
SD Codified L § 46-1-8 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 01 - Definitions And General Provisions|Section 46-1-8 - Beneficial use--Measure and limit of right to use of waters.

46-1-8. Beneficial use--Measure and limit of right to use of waters.Beneficial use is the basis, the measure and the limit of the right to the use of waters described in this title. Source: SL 1955, ch 430, §1; SL 1955, ch 431, §1; SDC Supp 1960, §§61.0102 (6), 61.0401 (10).
SD Codified L § 46-1-9 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 01 - Definitions And General Provisions|Section 46-1-9 - Vested rights defined.

46-1-9. Vested rights defined.The term, vested rights, used in this title means:(1)The right of a riparian owner to continue to use water actually applied to any beneficial use on March 2, 1955, or within three years immediately before that date to the extent of the existing beneficial use made of the water;(2)Use for domestic purposes as that term is defined in subdivision 46-1-6(7);(3)The right of a riparian owner to take and use water for beneficial purposes if the riparian owner was engaged in the construction of works for the actual application of the water to a beneficial use on March 2, 1955, and if the works were completed and water was applied to use within a reasonable time thereafter;(4)Rights granted before July 1, 1955, by court decree;(5)Uses of water under diversions and applications of water before the passage of the 1907 water law and not subsequently abandoned or forfeited. Source: SL 1955, ch 430, §1; SDC Supp 1960, §61.0102 (7); SL 1983, ch 314, §9; SL 2011, ch 165, §255.
SD Codified L § 46-1-10 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 01 - Definitions And General Provisions|Section 46-1-10 - Vested rights acquired before July 1, 1955, validated.

46-1-10. Vested rights acquired before July 1, 1955, validated.All vested rights as defined in §46-1-9 acquired before July 1, 1955, are hereby in all respects validated. Source: SL 1955, ch 430, §1; SDC Supp 1960, §61.0106.
SD Codified L § 46-1-11 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 01 - Definitions And General Provisions|Section 46-1-11 - Violations of water use laws as misdemeanors--Civil fine in addition--Each day as separate violation--Exemption of board and commission actions.

46-1-11. Violations of water use laws as misdemeanors--Civil fine in addition--Each day as separate violation--Exemption of board and commission actions.Unless otherwise provided in this title, any person, firm, or corporation violating any of the provisions of chapters 46-4 to 46-10, inclusive, is guilty of a Class 2 misdemeanor. In addition, a civil fine of not more than five hundred dollars may be imposed for the violation. Each day of noncompliance with the provisions of this title shall be deemed a separate violation. Administrative actions of the department or Board of Water and Natural Resources, the Water Management Board, or the conservation commission are exempt from this section. Source: SL 1955, ch 430, §2; SL 1955, ch 431, §2; SDC Supp 1960, §§61.9920, 61.9921; SL 1977, ch 347, §1; SL 1981, ch 316, §11.
SD Codified L § 46-1-12 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 01 - Definitions And General Provisions|Section 46-1-12 - Suspension or cancellation of permit or license.

46-1-12. Suspension or cancellation of permit or license.Any permit or license issued pursuant to this title may be suspended or canceled by order of the Water Management Board after a hearing pursuant to chapter 1-26 whenever the board finds that an individual permittee or licensee, or the agent or employee of either of them as the case may be, has violated any term of the permit or license. The board may suspend the permit or license for a period of up to one year for the first violation; for up to three years for the second violation; and may cancel the permit or license for a third violation. Source: SL 1977, ch 350; SL 1983, ch 314, §10.
SD Codified L § 46-1-13 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 01 - Definitions And General Provisions|Section 46-1-13 - Grant of water right for use outside state.

46-1-13. Grant of water right for use outside state.A water right may be granted for uses outside this state on the same basis and subject to the same terms and conditions as water rights are granted to persons for use of water within this state, subject to the principle of beneficial use as defined in subdivision §46-1-6(3). Source: SL 1978, ch 311; SL 1981 (2d SS), ch 1, §11; SL 1983, ch 314, §11.
SD Codified L § 46-1-14 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 01 - Definitions And General Provisions|Section 46-1-14 - Terms and conditions of permits and licenses--Amendment.

46-1-14. Terms and conditions of permits and licenses--Amendment.The Water Management Board may issue any permit or license subject to terms, conditions, restrictions, qualifications, quantifications, or limitations on perpetuity consistent with this chapter which it considers necessary to protect the public interest and which are related to matters within the jurisdiction of the board. Water rights issued pursuant to this section may be amended by the board and priority is retained upon amendment. Upon amendment the board may alter terms, conditions, restrictions, qualifications, or quantifications consistent with this chapter. Source: SL 1978, ch 312; SL 1983, ch 314, §12.
SD Codified L § 46-1-15 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 01 - Definitions And General Provisions|Section 46-1-15 - Permit required for appropriation of waters.

46-1-15. Permit required for appropriation of waters.Except as otherwise provided throughout this title, no person may appropriate the waters of this state for any purpose without first obtaining a permit to do so. Source: SL 1983, ch 314, §13.
SD Codified L § 46-1-16 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 01 - Definitions And General Provisions|Section 46-1-16 - Authority of chief engineer to issue permits--Scheduling application.

46-1-16. Authority of chief engineer to issue permits--Scheduling application.The provisions of §46-1-14 notwithstanding, the board may promulgate rules pursuant to chapter 1-26 to delegate the authority to issue permits to the chief engineer if the applicant does not contest the recommendation of the chief engineer and no person has filed a petition to oppose the application as provided in chapter 46-2A. Upon such delegation, the recommendation of the chief engineer shall become the decision of the board and the chief engineer shall issue the permit as recommended. However, the chief engineer may schedule an application, even if uncontested, for hearing by the board pursuant to chapter 46-2A upon finding that an application presents important issues of public policy or public interest that should be heard by the board. Source: SL 1990, ch 355, §1; SL 1992, ch 254, §85.
SD Codified L § 46-2-3 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 02 - Water Management Board And Chief Engineer|Section 46-2-3 - Chief engineer--Employment--Advice to board.

46-2-3. Chief engineer--Employment--Advice to board.The secretary may employ a licensed engineer, trained or experienced in hydrology as chief engineer, and other personnel as may be necessary. The chief engineer shall act as adviser to the Water Management Board in all matters pertaining to the distribution and conservation of waters of the state as provided by this title. Source: SL 1955, ch 430, §1; SDC Supp 1960, §61.0104; SL 1965, ch 299; SL 1983, ch 314, §15.
SD Codified L § 46-2-3.1 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 02 - Water Management Board And Chief Engineer|Section 46-2-3.1 - Delegation of authority to chief engineer--Restrictions.

46-2-3.1. Delegation of authority to chief engineer--Restrictions.The Water Management Board may delegate to the chief engineer authority to act on its behalf concerning the quasi-judicial functions of interpreting, applying, and enforcing existing rules and laws and ordering action or abatement of action. The board may not delegate any other quasi-judicial functions as defined in §1-32-1, except as otherwise provided by law. The board may promulgate rules pursuant to chapter 1-26 to delegate to the chief engineer the authority to issue permits pursuant to §46-1-14. Source: SL 1978, ch 315; SL 1983, ch 314, §16; SL 1990, ch 355, §2.
SD Codified L § 46-2-4 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 02 - Water Management Board And Chief Engineer|Section 46-2-4 - Attorneys to advise board--Employment of other counsel.

46-2-4. Attorneys to advise board--Employment of other counsel.The attorney general shall assign one or more attorneys to advise the Water Management Board on legal matters and perform any and all legal duties necessary in connection with the board's work. The board may also employ other legal counsel. Source: SL 1955, ch 430, §1; SDC Supp 1960, §61.0104; SL 1965, ch 299; SL 1983, ch 314, §18.
SD Codified L § 46-2-4.1 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 02 - Water Management Board And Chief Engineer|Section 46-2-4.1 - Attorneys to advise chief engineer.

46-2-4.1. Attorneys to advise chief engineer.The attorney general shall assign one or more attorneys to advise the chief engineer in the exercise of his duties. No attorney may represent both the Water Management Board and the chief engineer during a hearing by the board. Source: SL 1983, ch 314, §17.
SD Codified L § 46-2-5 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 02 - Water Management Board And Chief Engineer|Section 46-2-5 - Rules to establish procedures and practices of board.

46-2-5. Rules to establish procedures and practices of board.The Water Management Board may promulgate rules pursuant to chapter 1-26 to:(1)Establish procedures for submitting applications;(2)Establish procedures and criteria for issuing, amending, renewing, qualifying, inspecting, reinstating, suspending, and cancelling permits, rights, and licenses;(3)Establish procedures and criteria for regulating water uses;(4)Establish practice requirements and procedures for issuing declaratory rulings and conducting contested cases; and(5)Establish procedures for determining ordinary high and low water marks and outlet elevations. Source: SL 1955, ch 430, §1; SDC Supp 1960, §61.0103; SL 1983, ch 314, §19; SL 1990, ch 356, §1.
SD Codified L § 46-2-7.1 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 02 - Water Management Board And Chief Engineer|Section 46-2-7.1 - Minutes and records of board actions.

46-2-7.1. Minutes and records of board actions.The Water Management Board shall keep accurate minutes and records of its actions. The records shall show in full all permits and licenses issued, together with all related action, and all acts or decisions of the board affecting any rights or claims to appropriate water. Source: SL 1983, ch 314, §22.
SD Codified L § 46-2-9 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 02 - Water Management Board And Chief Engineer|Section 46-2-9 - Powers, functions, and duties of board.

46-2-9. Powers, functions, and duties of board.The Water Management Board, created in §1-41-15, may perform all the duties and carry out all the functions assigned to it by law and shall have general supervision of the waters of the state, including measurement, appropriation, and distribution thereof, and may exercise any powers, functions, and duties as the Legislature may provide. Source: SL 1955, ch 430, §1; SDC Supp 1960, §61.0104; SL 1965, ch 299; SL 1983, ch 314, §24; SL 2021, ch 1 (Ex. Ord. 21-3), §§14, 52, eff. Apr. 19, 2021.
SD Codified L § 46-2-11 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 02 - Water Management Board And Chief Engineer|Section 46-2-11 - Regulatory authority of board.

46-2-11. Regulatory authority of board.The Water Management Board shall regulate and control the development, conservation, and allocation of the right to use the waters of the state according to the principles of beneficial use and priority of appropriation established by this title. The board may require reports and other information as it may deem advisable from all claimants or holders of any water permits or right. Source: SL 1955, ch 430, §1; SDC Supp 1960, §61.0104; SL 1965, ch 299; SL 1983, ch 314, §26.
SD Codified L § 46-2-14 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 02 - Water Management Board And Chief Engineer|Section 46-2-14 - Experimental and observation stations.

46-2-14. Experimental and observation stations.The Water Management Board may establish experimental and observation stations, including observation wells and stream gauging stations, wherever they may be beneficial. Source: SL 1983, ch 314, §29.
SD Codified L § 46-2-17 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 02 - Water Management Board And Chief Engineer|Section 46-2-17 - Chief engineer's general enforcement authority.

46-2-17. Chief engineer's general enforcement authority.The chief engineer may:(1)Investigate the use of the waters of the state and compliance with the provisions of water permits, licenses, rules, regulations, and laws relating to water rights;(2)Institute enforcement and other proceedings before the Water Management Board;(3)Enforce orders of the board; and(4)Perform other acts authorized by statute or regulation. Source: SL 1983, ch 314, §32.
SD Codified L § 46-2-18 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 02 - Water Management Board And Chief Engineer|Section 46-2-18 - Chief engineer's authority to order discontinuance of water use.

46-2-18. Chief engineer's authority to order discontinuance of water use.The provisions of chapter 1-26 notwithstanding, the chief engineer may, after appropriate investigation, issue an order to any person to shut off or limit the person's use of surface or groundwater, or to plug or otherwise control a well. The order may be issued only to protect another user who has higher or earlier priority or to cause a user of water to discontinue the use of water to which the user has no legal right. Upon a refusal to obey the order, the chief engineer may request a court of proper jurisdiction to issue a temporary restraining order or injunction to effectuate the provisions of the order. Source: SL 1983, ch 314, §33; SL 2011, ch 165, §256.
SD Codified L § 46-2-19 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 02 - Water Management Board And Chief Engineer|Section 46-2-19 - Chief engineer's authority to enter property.

46-2-19. Chief engineer's authority to enter property.The chief engineer, in the performance of duties under this title, may enter upon the lands of any person making appropriative use of the waters of the state after the chief engineer has made a reasonable attempt to notify the owner or possessor of the property of the entry. This section does not apply to entry into a house or the curtilage of a home. Source: SL 1983, ch 314, §34; SL 2011, ch 165, §257.
SD Codified L § 46-2-20 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 02 - Water Management Board And Chief Engineer|Section 46-2-20 - Cooperation with United States agencies.

46-2-20. Cooperation with United States agencies.The Water Management Board may cooperate with agencies of the United States engaged in similar surveys and investigations and in construction of works for development and use of the water supply of the state, expending for those purposes any money available for the work of the board, and may accept and use, in connection with the work of the board, the results of the work of agencies of the United States. Source: SL 1983, ch 314, §35.
SD Codified L § 46-2-21 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 02 - Water Management Board And Chief Engineer|Section 46-2-21 - County appropriations for geologic or groundwater studies.

46-2-21. County appropriations for geologic or groundwater studies.A board of county commissioners may appropriate funds for the purpose of defraying the expense of having geologic or groundwater studies conducted within its county. Source: SL 1983, ch 314, §36.
SD Codified L § 46-2-22 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 02 - Water Management Board And Chief Engineer|Section 46-2-22 - Enforcement dry-draw dam domestic use limitations restricted.

46-2-22. Enforcement dry-draw dam domestic use limitations restricted.The Water Management Board may not enforce limitations on domestic use of water from dry-draw dams complying with §46-4-3 except in response to a written complaint from a person claiming interference with water permits or rights on the same watercourse. The dry-draw dam owner shall first be given an opportunity for a hearing before the board in accordance with the provisions of chapter 1-26. Source: SL 1985, ch 344.
SD Codified L § 46-2-23 (2021)
2021 South Dakota Codified Laws|Title 46 - Water Rights|Chapter 02 - Water Management Board And Chief Engineer|Section 46-2-23 - Establishment of well rehabilitation and plugging subfund--Source of subfund--Expenditures--Unexpended funds--Uses of fund.

46-2-23. Establishment of well rehabilitation and plugging subfund--Source of subfund--Expenditures--Unexpended funds--Uses of fund.There is hereby established in the state treasury a subfund of the water and environment fund to be designated as the South Dakota well rehabilitation and plugging subfund. This subfund shall consist of all moneys, including legislative appropriations; interest on the well rehabilitation and plugging subfund; and, notwithstanding the provisions of §34A-12-15, all money collected by the department in the enforcement of the provisions of Title 46, chapter 34A-2A, or in any other action, proceeding or settlement based upon violation of the state's water laws, excluding criminal proceedings for criminal fines. Expenditures from this subfund shall be appropriated through the normal budget process. Unexpended funds and interest shall remain in the subfund until appropriated by the Legislature. The Water Management Board may expend appropriated money from the well rehabilitation and plugging subfund to rehabilitate wells that were not constructed pursuant to board rules governing well construction, to rehabilitate wells that a well driller has refused to correct or to plug abandoned wells or uncontrolled flowing wells. Source: SL 1992, ch 254, §79.