reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 46 - Water Rights › Chapter 08 - Eminent Domain › Section 46-8-6 - Multiple water conduits prohibited where single conduit sufficient.

46-8-6. Multiple water conduits prohibited where single conduit sufficient.
The right of eminent domain may not be exercised to allow two or more pipelines, canals, ditches, or other water conduits to be constructed on lands owned by any person when a single pipeline, canal, ditch, or other water conduit can feasibly convey the water.
Source:
SDC 1939, §61.0417; SL 1955, ch 431, §1; SL 1983, ch 314, §138.
2023 South Dakota Codified Laws › Title 46 - Water Rights › Chapter 08 - Eminent Domain › Section 46-8-7 - Plat of route for water conduit--Certification and recording.

46-8-7. Plat of route for water conduit--Certification and recording.
When the route for any pipeline, canal, ditch, or other water conduit mentioned in this chapter is located, a correct survey and plat of the route shall be made, indicating by proper description the lands over which the route is located. The plat shall be certified and recorded in the office of the register of deeds of the county or counties in which the route is located.
Source:
SDC 1939, §61.0425; SL 1955, ch 431, §1; SL 1983, ch 314, §139.
2023 South Dakota Codified Laws › Title 46 - Water Rights › Chapter 08 - Eminent Domain › Section 46-8-8 - Right for location of route an easement.

46-8-8. Right for location of route an easement.
The right acquired by the location of the route for any waterway mentioned in this chapter shall be an easement.
Source:
SDC 1939, §61.0425; SL 1955, ch 431, §1; SL 1983, ch 314, §140.
2023 South Dakota Codified Laws › Title 46 - Water Rights › Chapter 08 - Eminent Domain › Section 46-8-10 - Reasonable access to land.

46-8-10. Reasonable access to land.
The owner of any works for application of water to beneficial use which may prevent reasonable access to lands crossed or adjacent to the works is responsible for providing reasonable access to the land. If the owner of the works does not provide reasonable access, the owner or occupant of the land may construct reasonable access and may recover the costs of constructing access from the owner of the works.
Source:
SDC 1939, §61.0428; SL 1955, ch 431, §1; SL 1983, ch 314, §142.
2023 South Dakota Codified Laws › Title 46 - Water Rights › Chapter 08 - Eminent Domain › Section 46-8-16 - Right to cross public or railroad right-of-way--Construction of bridges, culverts, or similar structures.

46-8-16. Right to cross public or railroad right-of-way--Construction of bridges, culverts, or similar structures.
An owner of works for the storage, carriage, or application of water to beneficial use has the right to cross any public or railroad right-of-way, subject to such reasonable conditions as may be prescribed by the board or officer having charge of the right-of-way. The owner of the works shall notify the board or officer in charge of the right-of-way in writing showing the location and character of the crossing and shall provide a plat showing the location of the proposed route across the right-of-way. The owner of the works shall bear the cost of construction of any bridge, culvert, or similar structure where it crosses the right-of-way. All bridges, culverts, or similar structures shall be constructed in accordance with pertinent provisions of law.
Source:
SDC 1939, §61.0144; SL 1955, ch 430, §1; SDC Supp 1960, §61.0131; SL 1983, ch 314, §148.
2023 South Dakota Codified Laws › Title 46 - Water Rights › Chapter 08 - Eminent Domain › Section 46-8-18 - Right to cross school and public lands--Notice to commissioner.

46-8-18. Right to cross school and public lands--Notice to commissioner.
An owner of works for storage, carriage, or application of water to beneficial use has the right, if necessary, to cross school and public lands, subject to such reasonable conditions as may be prescribed by the commissioner of school and public lands. The owner of the works shall notify the commissioner in writing prior to the crossing. The notification shall contain a description of the works, the location of the land and a plat showing the proposed route of the works. The owner of the works shall bear the cost of construction of any device necessary to assure continued use of the land in the usual manner.
Source:
SDC 1939, §61.0431; SL 1955, ch 431, §1; SL 1983, ch 314, §150.
2023 South Dakota Codified Laws › Title 46 - Water Rights › Chapter 10 - Adjudication Of Water Rights › Section 46-10-1 - Action for general adjudication of water or water use rights--When attorney general to bring.

46-10-1. Action for general adjudication of water or water use rights--When attorney general to bring.
It shall be the duty of the attorney general to bring an action for the general adjudication of the nature, extent, content, scope, and relative priority of the water rights and the rights to use water of all persons, or entities, public or private, on any river system and on all other sources, when in his judgment, or in the judgment of the Water Management Board, the public interests require such action.
Source:
SDC 1939, §55.1811; SL 1980, ch 305, §1.
2023 South Dakota Codified Laws › Title 46 - Water Rights › Chapter 10 - Adjudication Of Water Rights › Section 46-10-1.1 - Procedure in actions for general adjudication.

46-10-1.1. Procedure in actions for general adjudication.
The procedure in any case of general adjudication shall be as in other civil cases, insofar as that procedure is not inconsistent with this chapter.
Source:
SL 1980, ch 305, §15.
2023 South Dakota Codified Laws › Title 46 - Water Rights › Chapter 10 - Adjudication Of Water Rights › Section 46-10-1.2 - Orders in actions involving one hundred or more defendants.

46-10-1.2. Orders in actions involving one hundred or more defendants.
In the conduct of actions to which §46-10-3.3 applies, the court may make appropriate orders
(1)Providing for the limitation of service and filing, or substitutes therefor, of pleadings, briefs, orders, motions, demands, appearances, claim forms, discovery materials, and similar documents;
(2)Requiring, for the fair conduct of the action, that notice be given all parties in a reasonable manner of any document served or filed in this action;
(3)Providing for simplified discovery from any party, upon such terms and conditions as the court determines are advisable;
(4)Adopting permissive or mandatory forms for the submission of claims to water rights or rights to use water; provided, however, that a party shall not be precluded from filing an answer or other pleading in addition to said forms;
(5)Determining the course of proceedings and prescribing measures to prevent undue repetition or complication in the presentation of evidence and arguments;
(6)Dealing with similar procedural matters.
The orders may be combined with an order under §15-6-16 and may be altered or amended from time to time as the court deems advisable.
Source:
Supreme Court Rule 82-19.
2023 South Dakota Codified Laws › Title 46 - Water Rights › Chapter 10 - Adjudication Of Water Rights › Section 46-10-2 - Jurisdiction and venue of action for general adjudication.

46-10-2. Jurisdiction and venue of action for general adjudication.
The court in which any action involving the general adjudication of water rights or rights to use water may be properly brought, shall have exclusive jurisdiction to hear and determine all questions necessary for the adjudication of all water rights and the rights to use water within the river system and all other sources involved; and the attorney general may bring suit as provided by law in any court having jurisdiction over any part of the river system and all other sources, which shall likewise have exclusive jurisdiction for such purposes.
Source:
SDC 1939, §61.0119; SL 1955, ch 430, §1; SDC Supp 1960, §61.0154; SL 1980, ch 305, §2.
2023 South Dakota Codified Laws › Title 46 - Water Rights › Chapter 10 - Adjudication Of Water Rights › Section 46-10-2.1 - Deposit of documents and orders with court.

46-10-2.1. Deposit of documents and orders with court.
The court conducting a general adjudication may direct the chief engineer of the Water Management Board to deposit with the court certified copies of every water permit, water license, certificate of construction, or other document or order and every cancellation of each document or order in the river system and all other sources involved, within a time set by the court. This section does not in any manner limit the powers of the court.
Source:
SL 1980, ch 305, §3; SL 2011, ch 165, §283.
2023 South Dakota Codified Laws › Title 46 - Water Rights › Chapter 10 - Adjudication Of Water Rights › Section 46-10-2.2 - Documents and orders as prima facie evidence--Certified copies admissible.

46-10-2.2. Documents and orders as prima facie evidence--Certified copies admissible.
The court conducting a general adjudication shall regard any water permit, water license, certificate of construction, or other document or order issued by or under the authority of the Water Management Board or its predecessors, including the state engineer, and not subsequently cancelled by it or under its authority or its predecessors, including the state engineer, to be prima facie evidence of the right purported to be conferred. A certified copy of any such document or order shall be admissible in evidence.
Source:
SL 1980, ch 305, §4.
2023 South Dakota Codified Laws › Title 46 - Water Rights › Chapter 10 - Adjudication Of Water Rights › Section 46-10-2.3 - Powers and duties of court conducting general adjudication.

46-10-2.3. Powers and duties of court conducting general adjudication.
The court conducting a general adjudication shall, in addition to exercising any other power or duty conferred by law:
(1)Confirm those rights evidenced by previous court decrees when those rights have not been forfeited, abandoned, or otherwise lost;
(2)Adjudicate the validity of all cancelled and uncancelled permits, certificates of construction, or licenses or other documents or orders purported to be granted by or under the authority of the Water Management Board or its predecessors, including the state engineer, and not heretofore adjudicated;
(3)Determine the extent and priority of and adjudicate any interest in any water right or right to the use of water of the river system or on all other sources not otherwise represented by the aforesaid permits, licenses, certificates, documents, orders, or decrees;
(4)Establish, in whatever form determined to be most appropriate by the court, one or more tabulations or lists of water rights or rights to use water which tabulations or lists may include a notation of the water right or right to use water adjudged to each party, the priority, the amount or rate, the purpose, the periods or place of use, and, as to water used for irrigation, the specific tracts of land to which it shall be appurtenant together with other conditions as may be necessary to define a right and its priority.
Source:
SL 1980, ch 305, §5.
2023 South Dakota Codified Laws › Title 46 - Water Rights › Chapter 10 - Adjudication Of Water Rights › Section 46-10-3 - Parties to action for general adjudication.

46-10-3. Parties to action for general adjudication.
In any action for the general adjudication of the rights to use water and water rights on any river system and all other sources all those whose claims to the use of such waters or claims of water rights are of record, and all other claimants so far as they can be ascertained with reasonable diligence, shall be made parties.
Source:
SDC 1939, §61.0119; SL 1955, ch 430, §1; SDC Supp 1960, §61.0154; SL 1980, ch 305, §6.
2023 South Dakota Codified Laws › Title 46 - Water Rights › Chapter 10 - Adjudication Of Water Rights › Section 46-10-3.1 - Adding additional defendants as parties.

46-10-3.1. Adding additional defendants as parties.
Defendants in addition to those named in the original complaint may be added within a reasonable time and defendants may be added throughout the duration of the suit, as appropriate.
Source:
SL 1980, ch 305, §9.
2023 South Dakota Codified Laws › Title 46 - Water Rights › Chapter 10 - Adjudication Of Water Rights › Section 46-10-3.2 - Commencement of action for general adjudication--Service.

46-10-3.2. Commencement of action for general adjudication--Service.
Except as provided in §46-10-3.3 for actions in which the named defendants number one hundred or more, an action for general adjudication shall be commenced and service shall be made as in other civil cases.
Source:
SL 1980, ch 305, §8.
2023 South Dakota Codified Laws › Title 46 - Water Rights › Chapter 10 - Adjudication Of Water Rights › Section 46-10-3.3 - Defendants numbering one hundred or more--Commencement of action--Service.

46-10-3.3. Defendants numbering one hundred or more--Commencement of action--Service.
An action for general adjudication is commenced by the filing of a complaint in circuit court in any case in which the named defendants number one hundred or more. In such a case personal service of a summons and complaint is not required but may be made. If personal service is not made, the court shall order service to be made by the plaintiff on named defendants by mailing a court approved notice of the action by registered or certified mail, return receipt requested. The court shall order the plaintiff to obtain service on all unnamed defendants by publication of the notice for four consecutive weeks in a newspaper published in each of the counties within which interest in rights to use of the water and water rights may be affected by the adjudication. If there is no newspaper in one or more of the counties, then publication for the counties shall be in one or more newspapers published in the state, and of general circulation within the counties. If publication is in a daily newspaper, one insertion a week is sufficient.
Source:
SL 1980, ch 305, §8; SL 1987, ch 29, §31; SL 2011, ch 165, §284.
2023 South Dakota Codified Laws › Title 46 - Water Rights › Chapter 10 - Adjudication Of Water Rights › Section 46-10-3.4 - Captioning complaint for general adjudication.

46-10-3.4. Captioning complaint for general adjudication.
The complaint for such general adjudication shall be captioned: In re the general adjudication of all rights to use water and water rights in the (to be specified) river system and all other sources, State of South Dakota.
Source:
SL 1980, ch 305, §10.
2023 South Dakota Codified Laws › Title 46 - Water Rights › Chapter 10 - Adjudication Of Water Rights › Section 46-10-4.1 - Action to determine conflicting water or water use rights--Court's powers and duties--Caption of action.

46-10-4.1. Action to determine conflicting water or water use rights--Court's powers and duties--Caption of action.
The attorney general in lieu of bringing an action for a general adjudication may or any person may bring an action for the purpose of determining conflicting water rights or rights to use water. The court before which any such action may be properly brought may exercise the powers and duties set out by this chapter, as appropriate. An action for the determination of conflicting water rights shall be captioned as set forth in Title 15 of the South Dakota Codified Laws.
Source:
SL 1980, ch 305, §11.
2023 South Dakota Codified Laws › Title 46 - Water Rights › Chapter 10 - Adjudication Of Water Rights › Section 46-10-5 - Action for general adjudication or to determine conflicting water rights--Copies of complaints mailed to Water Management Board.

46-10-5. Action for general adjudication or to determine conflicting water rights--Copies of complaints mailed to Water Management Board.
Whenever suit is brought for general adjudication or to determine conflicting water rights in any of the courts of this state, a copy of the complaint shall be by the complainant mailed by registered or certified letter to the Water Management Board at its office at the state capital, at the time of the first service of summons in the action, and likewise a copy of any amended complaint or cross-complaint shall be mailed in like manner to the board immediately after service thereof upon the opposing party.
Source:
SDC 1939, §55.1811; SL 1980, ch 305, §12.
2023 South Dakota Codified Laws › Title 46 - Water Rights › Chapter 10 - Adjudication Of Water Rights › Section 46-10-6 - Action for general adjudication or to determine conflicting rights--Proof of notice of suit to water management board.

46-10-6. Action for general adjudication or to determine conflicting rights--Proof of notice of suit to water management board.
No final decree may be issued in any action for general adjudication or in an action for determination of conflicting water rights unless it appears that the water management board has had reasonable notice of the suit.
Source:
SDC 1939, §55.1811; SL 1980, ch 305, §13.
2023 South Dakota Codified Laws › Title 46 - Water Rights › Chapter 10 - Adjudication Of Water Rights › Section 46-10-7 - Intervention by attorney general.

46-10-7. Intervention by attorney general.
If, in the judgment of the Water Management Board, the public interests require action adverse to any party thereto, it may call upon the attorney general to intervene in the action. The attorney general shall then appear on behalf of the state and take whatever steps are necessary to protect the interests of the public, of the state or of any of its institutions.
Source:
SDC 1939, §55.1811; SL 1983, ch 314, §157.
2023 South Dakota Codified Laws › Title 46 - Water Rights › Chapter 10 - Adjudication Of Water Rights › Section 46-10-8 - Judgment in action for general adjudication or to determine conflicting rights--Certified copy filed with board.

46-10-8. Judgment in action for general adjudication or to determine conflicting rights--Certified copy filed with board.
The court before which any action for general adjudication or any action for the determination of conflicting rights is conducted shall file a certified copy of any final judgment in such case with the Water Management Board.
Source:
SDC 1939, §61.0120; SL 1955, ch 430, §1; SDC Supp 1960, §61.0155; SL 1980, ch 305, §14.
2023 South Dakota Codified Laws › Title 46 - Water Rights › Chapter 10 - Adjudication Of Water Rights › Section 46-10-8.1 - Appointment of water master to administer interim or final decree.

46-10-8.1. Appointment of water master to administer interim or final decree.
The authority of a court to appoint a water master to administer any interim or final decree relating to water, including any interim or final decree issued under the provisions of §§46-10-1 to 46-10-8, inclusive, is hereby granted.
Source:
SL 1983, ch 314, §178.
2023 South Dakota Codified Laws › Title 46 - Water Rights › Chapter 10 - Adjudication Of Water Rights › Section 46-10-13 - Appeal to board from acts or decisions of water master--Appeal to circuit court.

46-10-13. Appeal to board from acts or decisions of water master--Appeal to circuit court.
Any interested person may appeal from acts or decisions of the water master to the Water Management Board and the board shall promptly and at a stated time and place fixed by it, after due notice to the parties, hear and determine the matter in dispute. Its decision shall be final, unless an appeal is taken to the circuit court having jurisdiction, in conformity with the law governing appeals.
Source:
SL 1955, ch 430, §1; SDC Supp 1960, §61.0141; SL 1983, ch 314, §162.
2023 South Dakota Codified Laws › Title 46 - Water Rights › Chapter 10A - Water Use Control Areas › Section 46-10A-1 - Establishment of area--Petition of chief engineer.

46-10A-1. Establishment of area--Petition of chief engineer.
The chief engineer may, after appropriate investigation, petition the Water Management Board to establish a water use control area. The petition shall be regarded as filed at the time it is signed and dated by the chief engineer.
Source:
SL 1983, ch 314, §179.
2023 South Dakota Codified Laws › Title 46 - Water Rights › Chapter 10A - Water Use Control Areas › Section 46-10A-2 - Establishment of area--Petition of water right holders.

46-10A-2. Establishment of area--Petition of water right holders.
As an alternative to the provisions of §46-10A-1, a petition to establish a water use control area may be brought before the Water Management Board when signed by water right holders representing not less than fifty percent of the total rate of diversion under permit, filed vested rights or adjudicated rights in the geographical area described in the petition.
Source:
SL 1983, ch 314, §180.
2023 South Dakota Codified Laws › Title 46 - Water Rights › Chapter 10A - Water Use Control Areas › Section 46-10A-3 - Identification of lands and waters in petition.

46-10A-3. Identification of lands and waters in petition.
Any petition to establish a water use control area shall identify the lands and waters proposed to be included in the area.
Source:
SL 1983, ch 314, §181.
2023 South Dakota Codified Laws › Title 46 - Water Rights › Chapter 10A - Water Use Control Areas › Section 46-10A-4 - Hearing on petition--Publication and notice.

46-10A-4. Hearing on petition--Publication and notice.
The chief engineer, upon knowledge of the filing of a valid petition to establish a water use control area, shall set the petition for hearing before the Water Management Board at the nearest reasonable date and shall publish a copy of the notice of hearing at least once a week for two successive weeks in one legal newspaper in each county in which the land included in the proposed area is found. The chief engineer shall also send notice by first class mail to all water permit holders and holders of filed vested rights or adjudicated rights in the affected area. The contents of the notice shall be as specified in §1-26-17.
Source:
SL 1983, ch 314, §182.
2023 South Dakota Codified Laws › Title 46 - Water Rights › Chapter 10A - Water Use Control Areas › Section 46-10A-5 - Approval of petition--When required.

46-10A-5. Approval of petition--When required.
The Water Management Board shall approve a petition to establish a water use control area if the board finds that a water use control area is in the public interest, is necessary to equitably apportion the available water supplies for use among the water right holders and is feasible.
Source:
SL 1983, ch 314, §183.
2023 South Dakota Codified Laws › Title 46 - Water Rights › Chapter 10A - Water Use Control Areas › Section 46-10A-6 - Water master--Appointment--Agent of board.

46-10A-6. Water master--Appointment--Agent of board.
Upon establishment of a water use control area, the Water Management Board, at the same hearing if feasible, shall appoint a water master, giving significant weight to the recommendations of the affected water permit or right holders. The water master shall act as agent of the board.
Source:
SL 1983, ch 314, §184.
2023 South Dakota Codified Laws › Title 46 - Water Rights › Chapter 10A - Water Use Control Areas › Section 46-10A-7 - Water master--Duties.

46-10A-7. Water master--Duties.
The duties and authority of the water master shall be set out either in an order establishing the water use control area or by resolution and may include, but are not limited to, the following:
(1)Enforcement procedures for distribution of water under a court decree;
(2)Enforcement procedures for priorities and rights to use water as established in statutory law and case law;
(3)Notwithstanding the provisions of subdivisions (1) and (2), enforcement procedures for any temporary schedule of water deliveries which all affected water permit or right holders agree upon;
(4)Regulation and security of headgates and measuring devices as necessary to enforce proper distribution of water; and
(5)Other duties and authority as the Water Management Board may specify.
Source:
SL 1983, ch 314, §185.
2023 South Dakota Codified Laws › Title 46 - Water Rights › Chapter 10A - Water Use Control Areas › Section 46-10A-8 - Water measuring devices--Order for installation.

46-10A-8. Water measuring devices--Order for installation.
The board may order installation of water measuring devices as provided in §46-7-2 if it determines them to be necessary for proper regulation of water diversion and use among water permit or right holders in a water use control area.
Source:
SL 1983, ch 314, §186.
2023 South Dakota Codified Laws › Title 46 - Water Rights › Chapter 10A - Water Use Control Areas › Section 46-10A-9 - Fee assessed--Maximum amount--Annual payment.

46-10A-9. Fee assessed--Maximum amount--Annual payment.
The Water Management Board shall assess a fee to be collected annually from each water right holder in each water use control area. The amount of the fee may not exceed twenty dollars for each cubic foot per second, or portion thereof, of the diversion capability of the water permit or right holder's diversion works plus fifty cents for each acre irrigated. Fees shall be paid to the board annually at a date set by the board. No water may be diverted by a water permit or right holder who has not paid the fee required by this section.
Source:
SL 1983, ch 314, §187.
2023 South Dakota Codified Laws › Title 46 - Water Rights › Chapter 10A - Water Use Control Areas › Section 46-10A-11 - Violations of orders of board or water master.

46-10A-11. Violations of orders of board or water master.
Violation of any order of the Water Management Board or of the water master is regarded as a violation of the terms of a permit or license under the provisions of §46-1-12.
Source:
SL 1983, ch 314, §189.
2023 South Dakota Codified Laws › Title 46 - Water Rights › Chapter 10A - Water Use Control Areas › Section 46-10A-12 - Petition of chief engineer to abolish area, suspend operation, change boundaries, amend powers of or suspend water master, or adjust administration of area.

46-10A-12. Petition of chief engineer to abolish area, suspend operation, change boundaries, amend powers of or suspend water master, or adjust administration of area.
The chief engineer, after appropriate investigation, may petition the board:
(1)To abolish a water use control area;
(2)To suspend the operation of a water use control area;
(3)To change the boundaries of a water use control area;
(4)To amend the powers and duties of a water master in a water use control area;
(5)To suspend or remove any water master appointed by it; or
(6)To adjust administration of a water use control area to protect valid water permits or rights within the water use control area or affected by the exercise of water rights within the water use control area.
Source:
SL 1983, ch 314, §190.
2023 South Dakota Codified Laws › Title 46 - Water Rights › Chapter 10A - Water Use Control Areas › Section 46-10A-13 - Petition as in § 46-10A-12 by water rights holders.

46-10A-13. Petition as in §46-10A-12 by water rights holders.
Any petition which may be brought by the chief engineer pursuant to the provisions of §46-10A-12 may also be brought before the Water Management Board if the petition is signed by water rights holders representing not less than twenty-five percent of the total rate of diversion under permit, filed vested rights or adjudicated rights in the geographical area of the water use control area.
Source:
SL 1983, ch 314, §191.
2023 South Dakota Codified Laws › Title 46 - Water Rights › Chapter 10A - Water Use Control Areas › Section 46-10A-14 - Hearing on petition under § 46-10A-12 or 46-10A-13--Publication and notice.

46-10A-14. Hearing on petition under §46-10A-12 or 46-10A-13--Publication and notice.
The chief engineer, upon learning of the filing of a valid petition under the provisions of §46-10A-12 or 46-10A-13, shall set the petition for hearing before the Water Management Board at the nearest reasonable date and shall publish a copy of the notice of hearing at least once a week for two successive weeks in at least one legal newspaper in each county in which the land included in the existing water use control area is found. The chief engineer shall also send notice by first class mail to all water permit holders and holders of filed vested rights or adjudicated rights in the affected area. The contents of the notice shall be as specified in the provisions of §1-26-17.
Source:
SL 1983, ch 314, §192.
2023 South Dakota Codified Laws › Title 46 - Water Rights › Chapter 10A - Water Use Control Areas › Section 46-10A-15 - Approval of petition under § 46-10A-12 or 46-10A-13--When required.

46-10A-15. Approval of petition under §46-10A-12 or 46-10A-13--When required.
The Water Management Board shall approve a petition brought under the provisions of §46-10A-12 or 46-10A-13 upon finding that approval of the petition is in the public interest and will further the goal of efficient and equitable apportionment of water among affected water permit or right holders.
Source:
SL 1983, ch 314, §193.
2023 South Dakota Codified Laws › Title 46 - Water Rights › Chapter 10A - Water Use Control Areas › Section 46-10A-16 - Appeal from board actions relating to establishment or administration of area.

46-10A-16. Appeal from board actions relating to establishment or administration of area.
Any person who is in a water use control area and is affected by board decisions may appeal from acts or decisions of the board with respect to establishment of a water use control area or administration of water diversion or use.
Source:
SL 1961, ch 460, §3; SDCL, §46-10-27; SL 1983, ch 314, §176.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 01 - State Water Resources Management › Section 46A-1-1 - Legislative findings and policy.

46A-1-1. Legislative findings and policy.
The general health, welfare, and safety of the people of the State of South Dakota are dependent upon the conservation, development, management, and optimum use of all this state's water resources. To achieve this objective it is essential that a coordinated, integrated, multiple use water resource policy be formulated and a plan developed to activate this policy as rapidly as possible. It is in the public interest that these functions be carried out through a coordination of all state agencies and resources.
Source:
SL 1972, ch 241, §2; SL 1981 (2d SS), ch 1, §17; SDCL Supp, §46-17A-1; SL 1983, ch 321.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 01 - State Water Resources Management › Section 46A-1-2 - Legislative purpose for state water plan--Composition of plan.

46A-1-2. Legislative purpose for state water plan--Composition of plan.
It is the object of this chapter to provide the means for the planning, funding, and construction of a state water plan. This plan is comprised of the State Water Resources Management System and the State Water Facilities Plan.
Source:
SL 1972, ch 241, §3; SDCL Supp, §46-17A-2; SL 1983, ch 321, §2.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 01 - State Water Resources Management › Section 46A-1-2.1 - Legislative findings--Water resources projects.

46A-1-2.1. Legislative findings--Water resources projects.
The Legislature finds that the following water resources projects are necessary for the general welfare of the people of this state and authorizes the projects, pursuant to §46A-1-2, to be included in the state water resources management system, to serve as the preferred, priority objectives of the state:
(1)Belle Fourche irrigation upgrade project;
(2)Big Sioux flood control study;
(3)Hydrology and water management studies, to manage and protect state water resources for current and future generations;
(4)Cendak irrigation project;
(5)Gregory County pumped storage site;
(6)Lake Andes-Wagner/Marty II irrigation unit;
(7)Lewis and Clark rural water system;
(8)Sioux Falls flood control project;
(9)Vermillion basin flood control project;
(10)Water Investment in Northern South Dakota project; and
(11)Western Dakota Regional Water System study.
Source: SL 1988, ch 362, §17; SL 1989, ch 385, §19; SL 1994, ch 346, §13; SL 2000, ch 218, §6; SL 2004, ch 52, §4, eff. Feb. 25, 2004; SL 2006, ch 227, §2, eff. Feb. 17, 2006; SL 2008, ch 235, §7, eff. Feb. 27, 2008; SL 2011, ch 200, §11, eff. Mar. 15, 2011; SL 2012, ch 221, §3, eff. Mar. 2, 2012; SL 2015, ch 224, §1, eff. Mar. 12, 2015; SL 2020, ch 194, §1, eff. Mar. 27, 2020; SL 2023, ch 149, §1, eff. Mar. 15, 2023.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 01 - State Water Resources Management › Section 46A-1-4 - Water rights not affected by chapter.

46A-1-4. Water rights not affected by chapter.
The enactment of this chapter does not create any right to water or the use of water and does not affect any existing legislation with respect to water or water rights, except as expressly provided in this chapter. Nothing in this chapter affects vested water rights.
Source:
SL 1972, ch 241, §4; SDCL Supp, §46-17A-57; SL 2011, ch 165, §285.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 01 - State Water Resources Management › Section 46A-1-7 - Establishment of state policy on water facilities--Recommended comments on federal policy.

46A-1-7. Establishment of state policy on water facilities--Recommended comments on federal policy.
The Board of Water and Natural Resources shall establish the statewide policy on all multi-purpose water facilities and shall maintain readiness to recommend significant factors to the Governor or a designated representative of the Governor concerning official comments on behalf of the State of South Dakota pursuant to any requirements of federal law.
Source: SL 1972, ch 241, §13; SDCL Supp, §46-17A-12; SL 2023, ch 3, §38.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 01 - State Water Resources Management › Section 46A-1-8 - Resolution of conflicting interests.

46A-1-8. Resolution of conflicting interests.
The objectives and purposes to be served by the Board of Water and Natural Resources shall be to resolve conflicting special interests of federal, state, and local agencies or entities or private interests in proposed water projects, including federal projects and the designation and preservation of certain rivers or portions thereof as scenic rivers so that the public interest in such project proposals will be protected and enhanced, optimum over-all benefits will accrue to the people of South Dakota, and maximum consideration of all needs and desires in such water projects will be ensured, especially in those involving multiple purposes such as combinations of irrigation, flood control, navigation, electric power, domestic and stock water, municipal and industrial water supplies, lake stabilization, pollution control, water quality enhancement, fish and wildlife, recreation, groundwater recharge, erosion control, or other beneficial purposes and uses.
Source:
SL 1972, ch 241, §14; SDCL Supp, §46-17A-13.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 01 - State Water Resources Management › Section 46A-1-10 - Recommendations to Governor and Legislature as to facilities needed in water resources management system.

46A-1-10. Recommendations to Governor and Legislature as to facilities needed in water resources management system.
Upon submission of the statewide water plan to the Governor and the Legislature by the Board of Water and Natural Resources, or prior or subsequent thereto as conditions may warrant, the board shall recommend to the Governor and the Legislature those portions of the statewide water plan, including a list of proposed wild, scenic, or recreational rivers, considered to be necessary for the needs and general welfare of the people of the State of South Dakota with a request that the Legislature establish such recommended water facilities as the State Water Resources Management System, said system to serve as the preferred, priority objectives and guidelines for all efforts to accomplish optimum water resources management in this state. No project in the State Water Resources Management System may also be in the state water facilities plan.
Source:
SL 1972, ch 241, §16; SDCL Supp, §46-17A-15; SL 1986, ch 291, §1A.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 01 - State Water Resources Management › Section 46A-1-11 - Estimates of costs and revenues from proposed water facilities--Requests for legislative authorization of construction.

46A-1-11. Estimates of costs and revenues from proposed water facilities--Requests for legislative authorization of construction.
If the Board of Water and Natural Resources determines that it is necessary to carry out any of the objects and purposes of the water plan, through the construction of a water facility that has been established by the Legislature as a part of the State Water Resources Management System, the board shall, in cooperation with such federal, state, and local agencies or entities or private interests as may be concerned, prepare preliminary cost estimates, estimates of resources, if any, to be contributed from all other sources to aid in the construction, and estimates of the revenues that might be anticipated from the facility from all purposes and functions. The board shall adopt a resolution declaring that the public interest and necessity require the carrying out of these objects and purposes and requesting that the Legislature authorize the construction of this part of the State Water Resources Management System.
Source:
SL 1972, ch 241, §17; SDCL Supp, §46-17A-16; SL 2011, ch 165, §287.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 01 - State Water Resources Management › Section 46A-1-12 - Allocation of benefits and costs among governmental and private interests--Determination of priorities.

46A-1-12. Allocation of benefits and costs among governmental and private interests--Determination of priorities.
The Board of Water and Natural Resources shall make a comprehensive evaluation and allocation of the comparative benefits and costs of all water facilities included in the State Water Resources Management System among and between the various levels of government and private interests in accordance with §46A-2-3. Its recommendations shall include with respect to each such facility the amount or amounts to be shared by each and every level of beneficial user and may provide that the state's share will be apportioned over a period of years and may be funded by appropriations or as may otherwise be provided. These benefit-cost ratios shall be set forth in detail.
The board shall formulate and determine the priority or priorities of any or all such facilities and the sufficient financing thereof.
Source:
SL 1972, ch 241, §18; SDCL Supp, §46-17A-17; SL 1986, ch 291, §1.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 01 - State Water Resources Management › Section 46A-1-13 - Presentation of cost data to Governor and Legislature--Requests for financing authorization.

46A-1-13. Presentation of cost data to Governor and Legislature--Requests for financing authorization.
The Board of Water and Natural Resources shall present the findings of benefits, costs, cost-sharing, and other pertinent factors to the Governor and the Legislature, and shall request legislative appropriations and other means of financing state government's share of the costs of the water facilities as may be authorized by the Legislature for construction.
Source:
SL 1972, ch 241, §19; SDCL Supp, §46-17A-18.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 01 - State Water Resources Management › Section 46A-1-13.2 - Authorization of Belle Fourche irrigation rehabilitation project--Financial assistance limited.

46A-1-13.2. Authorization of Belle Fourche irrigation rehabilitation project--Financial assistance limited.
Pursuant to §§46A-1-11 to 46A-1-13, inclusive, construction of a fourteen million dollar Belle Fourche Irrigation Rehabilitation Project as generally described in the report entitled "Analysis of Request for Additional Funding Costs and Priority Summary" dated January 1994, is hereby authorized for the purpose of stabilizing crop and forage production in central western South Dakota to offset the effects of drought conditions which naturally devastate South Dakota's economic viability.
The Board of Water and Natural Resources may provide financial assistance in amounts not to exceed four million dollars ($4,000,000), or so much thereof as may be necessary, to the Belle Fourche Irrigation Rehabilitation Project to provide the nonfederal matching requirements for the project authorized pursuant to P.L. 103-434 as amended to January 1, 1995. No disbursements may be made under the loans authorized by this section unless funds are appropriated by the Legislature in conformance with §46A-1-61.
Source:
SL 1995, ch 251, §24.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 01 - State Water Resources Management › Section 46A-1-13.4 - Authorization of Mni Wiconi rural system--Loans--Accrual of interest.

46A-1-13.4. Authorization of Mni Wiconi rural system--Loans--Accrual of interest.
Pursuant to §§46A-1-11 to 46A-1-13, inclusive, construction of a two hundred sixty-three million two hundred forty-one thousand dollar ($263,241,000) Mni Wiconi Rural Water System as generally described in the report "Mni Wiconi Rural Water Supply Project Final Engineering Report" dated May 21, 1993, is hereby authorized for the purpose of providing safe and adequate municipal, rural, and industrial water supplies as well as promoting benefits to fish and wildlife and the natural environment of South Dakota on the Pine Ridge Indian Reservation, the Rosebud Indian Reservation, the Lower Brule Indian Reservation and in the counties of Stanley, Haakon, Lyman, Jones, Jackson, Mellette, and Pennington.
The Legislature finds that it is in the best interest of the Mni Wiconi Rural Water System to provide the nonfederal matching requirements as enumerated in P.L. 100-516 as amended on January 1, 1995, through the State Water Resources Management System revolving loan program. Therefore, all grants authorized for expenditure out of the South Dakota Water and Environment for the Mni Wiconi Rural Water System since January 1, 1989, shall convert to loans.
The Board of Water and Natural Resources may provide loans under the State Water Resources Management System revolving loan program in amounts not to exceed a total of twelve million nine hundred one thousand eight hundred dollars ($12,901,800) to the Mni Wiconi Rural Water System to provide the nonfederal matching requirements for the West River Rural Water System component and the Lyman-Jones Rural Water System component as enumerated in P.L. 100-516 as amended on January 1, 1995. No disbursements may be made under the loans authorized by this section unless funds are appropriated by the Legislature in conformance with §46A-1-61.
Notwithstanding the provisions of §46A-1-66 no interest may accrue until the Board of Water and Natural Resources certifies the completion of the construction of the project as authorized. The initial loan repayment shall be due and payable one year following the certification of construction completion. Loan terms and conditions shall be set by the Board of Water and Natural Resources.
The loans authorized by this section may be increased or decreased by such amounts as may be justified by reason of ordinary fluctuations in development costs incurred after October 1, 1992, as indicated by engineering costs indices applicable for the type of construction involved.
Source:
SL 1992, ch 254, §13; SL 1995, ch 251, §28.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 01 - State Water Resources Management › Section 46A-1-13.6 - Authorization of Lake Andes-Wagner/Marty II Irrigation Project--Research demonstration project required--Loans authorized--Indian lands exempted from payments.

46A-1-13.6. Authorization of Lake Andes-Wagner/Marty II Irrigation Project--Research demonstration project required--Loans authorized--Indian lands exempted from payments.
Pursuant to §§46A-1-11 to 46A-1-13, inclusive, construction of a one hundred seventy-five million dollar Lake Andes-Wagner Irrigation Project, as generally described in the report "Planning Report/Environmental Statement" dated September 1985 and a twenty-four million dollar Marty II Irrigation Project as generally described in the report "Planning Report and Environmental Assessment" dated January 1990 is hereby authorized for the purpose of stabilizing crop and forage production in south central South Dakota to offset the effects of drought conditions which naturally devastate South Dakota's economic viability.
Prior to construction of the authorized Lake Andes-Wagner/Marty II Irrigation Project the Legislature finds it necessary and prudent to develop accurate and quantitative means of addressing the reliable drainage requirements with respect to glacial till soils and to develop sound management practices that are beneficial to all irrigation in South Dakota. This phase of the project shall hereby be referred to as the Lake Andes-Wagner/Marty II Research Demonstration Program and shall conclude when the Legislature and the United States Congress accept a final report.
The Board of Water and Natural Resources may provide loans under the State Water Management Resources System revolving loan program in amounts not to exceed a total of seven million dollars to the Lake Andes-Wagner/Marty II Irrigation Project to provide the nonfederal requirements for the federally authorized project. No disbursements may be made under the loans authorized by this section unless funds are appropriated by the Legislature in conformance with §46A-1-61.
Indian lands shall be exempted from any payments due to the State of South Dakota. Notwithstanding the provisions of §46A-1-66, no interest may accrue until the Board of Water and Natural Resources certifies the completion of the construction of the project as authorized. The initial loan repayment shall be due and payable one year following the certification of construction completion. Loan terms and conditions shall be set by the Board of Water and Natural Resources.
The loans authorized by this section may be increased or decreased by such amounts as may be justified by reason of ordinary fluctuations in development costs incurred after October 1, 1989, as indicated by engineering costs indices applicable for the type of construction involved.
Source:
SL 1992, ch 254, §14.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 01 - State Water Resources Management › Section 46A-1-13.7 - Sioux Falls Flood Control Project authorized.

46A-1-13.7. Sioux Falls Flood Control Project authorized.
Pursuant to §§46A-1-11 to 46A-1-13, inclusive, construction of a twenty-six million nine hundred thousand dollar Sioux Falls Flood Control Project as generally described in the report "Draft Feasibility Report--Local Flood Protection Big Sioux River and Skunk Creek at Sioux Falls, South Dakota" dated September 1991 is hereby authorized for the purpose of providing flood control protection along the Big Sioux River and Skunk Creek in the city of Sioux Falls.
Source:
SL 1992, ch 254, §17.
2023 South Dakota Codified Laws › Title 46A - Water Management › Chapter 01 - State Water Resources Management › Section 46A-1-13.8 - Black Hills Water Management Project and Black Hills Hydrology Study authorized.

46A-1-13.8. Black Hills Water Management Project and Black Hills Hydrology Study authorized.
Pursuant to §§46A-1-11 to 46A-1-13, inclusive, the ten million dollar Black Hills Water Management Project and the Black Hills Hydrology Study are hereby authorized for the purpose of assessing and meeting present and future water needs in the counties of Butte, Meade, Lawrence, Pennington, Custer, and Fall River.
Source:
SL 1992, ch 254, §18.