reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 46 - Water Rights › Chapter 05 - Appropriation Of Water › Section 46-5-49 - Filing of vested right claim--Hearing--Mandatory filing--Waiver of right.

46-5-49. Filing of vested right claim--Hearing--Mandatory filing--Waiver of right.
Any person claiming to be owner of a vested right to appropriate water from any surface water source for beneficial use other than domestic use as defined in subdivision §46-1-6(7), may file with the chief engineer a vested right claim in a form and manner prescribed by the Board of Water Management. The claim shall set forth 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 owner of the land. 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 vested right claim shall be conducted pursuant to the procedures contained in chapter 46-2A. If, in the course of an investigation conducted by the chief engineer pursuant to subdivision 46-2-17(1), a person asserts the existence of a vested water right, the chief engineer may require that person to file a vested right claim within ninety days pursuant to this section. Failure to file in the absence of such a requirement by the chief engineer does not constitute a waiver of a vested water right.
Source:
SL 1986, ch 363, §5.
2023 South Dakota Codified Laws › Title 46 - Water Rights › Chapter 05 - Appropriation Of Water › Section 46-5-50 - Drip irrigation defined.

46-5-50. Drip irrigation defined.
For purposes of §46-5-51, the term, drip irrigation, means a planned irrigation system in which water is applied directly to the root zone of plants by means of applicators, such as orifices, emitters, porous tubing, or perforated pipe, that are operated under low pressure and are placed on or below the surface of the ground.
Source:
SL 1990, ch 358, §1; SL 2011, ch 165, §273.
2023 South Dakota Codified Laws › Title 46 - Water Rights › Chapter 05 - Appropriation Of Water › Section 46-5-51 - Permit not required for drip irrigation.

46-5-51. Permit not required for drip irrigation.
A permit to appropriate water, pursuant to §§46-1-15 and 46-5-10, is not required for drip irrigation, as defined in §46-5-50, if the drip irrigation meets the following conditions:
(1)The irrigation is for noncommercial purposes; and
(2)Use of water does not exceed eighteen gallons per minute.
Source:
SL 1990, ch 358, §2; SL 1996, ch 263, §4.
2023 South Dakota Codified Laws › Title 46 - Water Rights › Chapter 05 - Appropriation Of Water › Section 46-5-52 - Noncommercial purposes defined.

46-5-52. Noncommercial purposes defined.
For purposes of §46-5-51, the term, noncommercial purposes, means tree plantings specifically for conservation purposes, excluding trees planted for ornamental or commercial purposes.
Source:
SL 1990, ch 358, §3.
2023 South Dakota Codified Laws › Title 46 - Water Rights › Chapter 06 - Groundwater And Wells › Section 46-6-1 - Vested rights defined.

46-6-1. Vested rights defined.
The term, vested rights, as used in this chapter, means:
(1)Beneficial uses of groundwater under diversions and applications of water before February 28, 1955;
(2)The right to take and use groundwater for beneficial purposes if an owner or lawful agent was engaged in the construction of works for the actual application of water to a beneficial use on February 28, 1955, if the works are completed and water is actually applied for such use within a reasonable time after that date.
Source:
SL 1955, ch 431, §1; SDC Supp 1960, §61.0401 (11); SL 2011, ch 165, §274.
2023 South Dakota Codified Laws › Title 46 - Water Rights › Chapter 06 - Groundwater And Wells › Section 46-6-2 - Filing of vested right claim by claimant of vested right to groundwater--Hearing--Mandatory filing--Waiver of right.

46-6-2. Filing of vested right claim by claimant of vested right to groundwater--Hearing--Mandatory filing--Waiver of right.
Any person claiming to be the owner of a vested right to appropriate water from any underground source for beneficial use other than for domestic use as defined by subdivision §46-1-6(7) may file a vested right claim with the chief engineer in a form and manner prescribed by the Board of Water Management. The claim shall set forth the amount of water used, when the water was used, purpose of use, the location of the well 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 owner of the land. 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 vested right claim shall be conducted pursuant to the procedures contained in chapter 46-2A. If, in the course of an investigation conducted by the chief engineer pursuant to subdivision 46-2-17(1), a person asserts the existence of a vested water right, the chief engineer may require that person to file a vested right claim within ninety days pursuant to this section. Failure to file in the absence of such a requirement by the chief engineer does not constitute a waiver of a vested water right.
Source:
SL 1955, ch 431, §1; SDC Supp 1960, §61.0403; SL 1983, ch 314, §91; SL 1986, ch 363, §6.
2023 South Dakota Codified Laws › Title 46 - Water Rights › Chapter 06 - Groundwater And Wells › Section 46-6-3 - Appropriation of groundwater authorized.

46-6-3. Appropriation of groundwater authorized.
Subject to vested rights and prior appropriations, groundwaters of the state may be appropriated pursuant to the procedures contained in chapter 46-2A.
Source:
SL 1955, ch 431, §1; SDC Supp 1960, §61.0404; SL 1971, ch 252, §1; SL 1972, ch 237, §5; SL 1973, ch 279, §2; SL 1977, ch 364, §7; SL 1978, ch 319, §2; SL 1983, ch 314, §92.
2023 South Dakota Codified Laws › Title 46 - Water Rights › Chapter 06 - Groundwater And Wells › Section 46-6-3.1 - Annual withdrawal of groundwater not to exceed recharge--Exception for water distribution systems.

46-6-3.1. Annual withdrawal of groundwater not to exceed recharge--Exception for water distribution systems.
No application to appropriate groundwater may be approved if, according to the best information reasonably available, it is probable that the quantity of water withdrawn annually from a groundwater source will exceed the quantity of the average estimated annual recharge of water to the groundwater source. An application may be approved, however, for withdrawals of groundwater from any groundwater formation older than or stratigraphically lower than the greenhorn formation in excess of the average estimated annual recharge for use by water distribution systems.
Source:
SL 1978, ch 323, §2; SL 1983, ch 314, §93.
2023 South Dakota Codified Laws › Title 46 - Water Rights › Chapter 06 - Groundwater And Wells › Section 46-6-6 - Collection, preservation, and publication of data on underground water.

46-6-6. Collection, preservation, and publication of data on underground water.
The collection, preservation, and publication of data with respect to the occurrence, quantity, quality, and hydraulic characteristics of underground water and the nature and identity of the subsurface geological formations in which it occurs are required by the public interest.
To this end the Water Management Board shall promulgate rules pursuant to chapter 1-26 governing the collection, preservation, and publication of such data.
Source:
SDCL, §46-6-6 as enacted by SL 1971, ch 252, §2; SL 1972, ch 237, §7; SL 1983, ch 314, §95; SL 1993, ch 256, §57.
2023 South Dakota Codified Laws › Title 46 - Water Rights › Chapter 06 - Groundwater And Wells › Section 46-6-6.1 - Rules and regulations governing large capacity wells--Criteria and contents.

46-6-6.1. Rules and regulations governing large capacity wells--Criteria and contents.
In addition to powers otherwise provided the Water Management Board shall promulgate rules pursuant to chapter 1-26 controlling the location and capacity of irrigation, industrial, municipal, and other large capacity wells for the purpose of ensuring or protecting water for reasonable domestic use, without the necessity of requiring maintenance of artesian head pressure in a domestic use well. In addition the rules shall provide:
(1)For regulation of the use of large capacity wells in the degree necessary to maintain an adequate depth of water for reasonable domestic needs and for a prior appropriator at his point of diversion, in wells which meet minimum well construction standards;
(2)For minimum construction standards for all wells in South Dakota which standards shall be based upon the ability of a well to produce water independent of artesian pressure;
(3)For regulation so the waste or deterioration of the quantity of groundwater through surface or underground leakage will be minimal;
(4)Standard which will provide for lowering of a water lift mechanism to a depth near the bottom of the groundwater supply or, in artesian water to a substantial depth below the geological formation confining the groundwater; and
(5)For regulation which will provide for a reasonable life of all wells.
Source:
SL 1955, ch 431, §1; SDC Supp 1960, §61.0402; SDCL, §46-6-6; SL 1972, ch 237, §6; SL 1993, ch 256, §58.
2023 South Dakota Codified Laws › Title 46 - Water Rights › Chapter 06 - Groundwater And Wells › Section 46-6-9 - Well driller license--Fee--Issuance.

46-6-9. Well driller license--Fee--Issuance.
Any well driller, before doing any well drilling and before contracting for any such work, shall first secure and thereafter maintain a license. The words "South Dakota Licensed Well Driller No." shall be plainly displayed at a conspicuous place on the premises where the work is being conducted. 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 with 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 good well construction methods. The Water Management Board shall promulgate rules pursuant to chapter 1-26 establishing qualifications for well drillers.
Source:
SL 1955, ch 431, §1; SDC Supp 1960, §61.0415; SL 1977, ch 365; SL 1981, ch 317; SL 1983, ch 314, §98; SL 1993, ch 256, §59; SL 2009, ch 13, §9; SL 2021, ch 1 (Ex. Ord. 21-3), §§14, 53, eff. Apr. 19, 2021.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.