reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:04 - Well construction standards › Section 74:02:04:67 - Requirements for plugging wells or test holes completed into confined aquifers or encountering more than one aquifer

Current through Register Vol. 51, page 10, July 15, 2024
All abandoned or forfeited wells or test holes that are completed into
	 confined aquifers or that encounter more than one aquifer must be plugged with
	 bentonite grout if the weight of the bentonite grout column is sufficient to
	 overcome the bottom hole pressure or must be plugged with cement grout placed
	 from the bottom of the well or hole to within eight feet of the ground surface.
	 Cement grout must be placed from eight feet below ground surface to within
	 three feet of the ground surface. The top three feet may be filled with native
	 material. If a pipe cannot be lowered inside the well casing to place grout
	 from the bottom to the top, the well may be plugged by making a tight
	 connection to the top of the casing and pumping a volume of cement grout,
	 sufficient to fill the well, under pressure into the well. Bentonite grout may
	 not be used if the well must be plugged by making a tight connection to the top
	 of the casing and pumping the grout in under pressure. If it cannot be verified
	 that a well's casing was grouted in accordance with this chapter, an effort
	 must be made to plug the annulus from the bottom of the annulus up to the
	 ground surface with the same type of material or materials required for
	 plugging inside the casing.
General Authority:
SDCL
		46-2-5,
		46-6-6.1,
		46-6-9,
		46-6-20,
		46-6-27.
Law Implemented:
SDCL
		46-2-9,
		46-6-6.1,
		46-6-10,
		46-6-14,
		46-6-18,
		46-6-20,
		46-6-27,
		46-6-28.
Note:
Bentonite manufactured for use as a drilling fluid
		does not meet the requirements for bentonite grout. Bentonite grout may be used
		to plug wells at depths greater than eight feet. The driller should be aware of
		the limitations inherent in bentonite grout. The low density of bentonite grout
		may make it inappropriate for use as a plug when higher hydrostatic pressure is
		required.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:04 - Well construction standards › Section 74:02:04:69 - Requirements for plugging wells or test holes completed into unconfined aquifers with only one aquifer encountered

Current through Register Vol. 51, page 10, July 15, 2024
Wells completed into unconfined aquifers, provided only one aquifer is
	 encountered, may be backfilled with clean sand or gravel to the top of the
	 aquifer. Test holes encountering a single, unconfined aquifer may be backfilled
	 with drill cuttings or clean sand or gravel to the top of the aquifer. Above
	 the aquifer, clay, bentonite grout, or cement grout shall be used for plugging
	 to within at least three feet of the ground surface. If clay is to be used as a
	 backfill material, a minimum of two feet of dry bentonite, bentonite grout, or
	 cement grout must be placed at the top of the aquifer. The top three feet of
	 casing or hole, if not filled with clay, bentonite grout, or cement grout,
	 shall be backfilled with native material. Plugging materials must be added to
	 the well or hole via tremie pipe to any well or test hole less than 16 inches
	 in diameter and to any well or test hole more than 50 feet deep. If it cannot
	 be verified that a well's casing was grouted in accordance with this chapter,
	 an effort must be made to plug the annulus from the bottom of the annulus up to
	 the ground surface with the same type of material or materials required for
	 plugging inside the casing.
General Authority:
SDCL
		46-2-5,
		46-6-6.1,
		46-6-9,
		46-6-20,
		46-6-27.
Law Implemented:
SDCL
		46-2-9,
		46-6-6.1,
		46-6-10,
		46-6-14,
		46-6-18,
		46-6-20,
		46-6-27,
		46-6-28.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:04 - Well construction standards › Section 74:02:04:70 - Requirements for plugging other test holes

Current through Register Vol. 51, page 10, July 15, 2024
Test holes that encounter no water or only low-permeability formations
	 such as clays, shales, and till must be backfilled to restore natural
	 conditions as nearly as possible. Backfill material must be free of
	 contamination and have a permeability equal to or less than the permeability of
	 the formations encountered in the borehole.
General Authority:
SDCL
		46-2-5,
		46-6-6.1,
		46-6-9,
		46-6-20,
		46-6-27.
Law Implemented:
SDCL
		46-2-9,
		46-6-6.1,
		46-6-10,
		46-6-14,
		46-6-18,
		46-6-20,
		46-6-27,
		46-6-28.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:04 - Well construction standards › Section 74:02:04:70.01 - Requirements for temporary abandonment of wells

Current through Register Vol. 51, page 10, July 15, 2024
If verification can be provided that a well was constructed in
	 accordance with this chapter, a well removed from service and not permanently
	 abandoned may be temporarily abandoned by sealing the top with a watertight
	 cap.
General Authority:
SDCL
		46-2-5,
		46-6-6.1,
		46-6-20,
		46-6-27.
Law Implemented:
SDCL
		46-1-2,
		46-2-9,
		46-6-6.1,
		46-6-18,
		46-6-20,
		46-6-27.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:04 - Well construction standards › Section 74:02:04:71 - Well driller to prepare and file well and test hole plugging records

Current through Register Vol. 51, page 10, July 15, 2024
The record of water well and test hole plugging shall be furnished by
	 the driller to the chief engineer and to the well owner. State agencies that
	 construct wells, drill test holes, and plug their own wells and test holes may
	 retain their records. The record shall contain the following:
(1) The name and complete mailing address of
  the owner;
(2) The legal
  description of the well or hole location;
(3) The completion date;
(4) The casing or hole size, type of well,
  and well or hole depth;
(5) A
  general description of the condition of the well;
(6) A description of the plugging
  procedure;
(7) The grout or
  material used to plug the well or test hole; and
(8) The date and the signature of the license
  representative.
General Authority:
SDCL
		46-2-5,
		46-6-9,
		46-6-20.
Law Implemented:
SDCL
		46-6-6,
		46-6-6.1,
		46-6-9,
		46-6-27.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:04 - Well construction standards › Section 74:02:04:72 - Pressure regulator valve required on flowing wells

Current through Register Vol. 51, page 10, July 15, 2024
If the surface pressure, also known as artesian pressure, of any
	 flowing well exceeds 60 psi, the well driller shall install a pressure
	 regulator valve after installing the main control valve, but before installing
	 any flow reducers. Irrigation wells are exempt from this
	 section.
General Authority:
SDCL
		46-2-5,
		46-6-6.1.
Law Implemented:
SDCL
		46-6-6.1,
		46-6-10,
		46-6-14,
		46-6-20.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:04 - Well construction standards › Section 74:02:04:73 - Well driller's responsibilities

Current through Register Vol. 51, page 10, July 15, 2024
The well driller is responsible for the following:
(1) Certifying on the well driller's record
  that the well as constructed is an adequate well according to subdivision
  74:02:04:20(6) and the well construction meets well construction
  standards;
(2) Informing well
  owners of well drilling and well construction requirements for a proposed
  well;
(3) Initial construction,
  including construction necessary to control a well that flows, and completion
  of the well;
(4) Installing shutoff
  valves, water hammer arresters, or other equipment to control flowing
  wells;
(5) Completion and
  submission of records; and
(6)
  Informing the well owner of plugging requirements.
General Authority:
SDCL
		46-2-5,
		46-6-9,
		46-6-20.
Law Implemented:
SDCL
		46-2-9,
		46-6-6.1,
		46-6-9,
		46-6-9.1,
		46-6-11,
		46-6-20,
		46-6-27.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:04 - Well construction standards › Section 74:02:04:74 - Well owner's responsibilities

Current through Register Vol. 51, page 10, July 15, 2024
The owner or equitable property holder is responsible for the well from
	 the time the licensed well driller successfully completes the well in
	 compliance with this chapter. The owner or equitable property holder shall keep
	 the well capped or covered, in good repair, and in a sanitary condition. If the
	 well is flowing, the owner or equitable property holder shall control the flow
	 to the amount necessary for reasonable domestic use or to the amount authorized
	 by the water permit or right. The owner or equitable property holder shall shut
	 in the well or reduce the flow to no more than five gallons a minute to prevent
	 freezing when the flowing well is not in use. The owner or equitable property
	 holder may not change the construction to deviate from the requirements of this
	 chapter. If property is leased, the obligations of the owner or equitable
	 property holder which are set in this section may be transferred to the lessee
	 by mutual consent.
General Authority:
SDCL
		46-2-5,
		46-6-6.1,
		46-6-20,
		46-6-27.
Law Implemented:
SDCL
		46-2-9,
		46-6-6.1,
		46-6-10,
		46-6-14,
		46-6-18,
		46-6-20,
		46-6-21,
		46-6-27,
		46-6-28.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:04 - Well construction standards › Section 74:02:04:75 - Variance

Current through Register Vol. 51, page 10, July 15, 2024
A well driller may request a variance from requirements of this chapter
	 from the chief engineer. The chief engineer may grant a variance for a request
	 that is reasonable in the chief engineer's judgment. The variance may be
	 authorized by telephone with written authorization following by
	 mail.
General Authority:
SDCL
		46-2-5,
		46-6-6.1,
		46-6-9,
		46-6-20,
		46-6-27.
Law Implemented:
SDCL
		46-2-9,
		46-6-6.1,
		46-6-9,
		46-6-10,
		46-6-20,
		46-6-27,
		46-6-28.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:04 - Well construction standards › Section 74:02:04:76 - Flowing well construction

Current through Register Vol. 51, page 10, July 15, 2024
Any well that flows or may flow shall be constructed to allow the
	 completed well to be completely shut off or the flow reduced to no more than 5
	 gallons per minute to prevent freezing when not in use.
General Authority:
SDCL
		46-2-5,
		46-6-20,
		46-6-27.
Law Implemented:
SDCL
		46-6-6.1,
		46-6-10,
		46-6-20,
		46-6-27.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:04 - Well construction standards › Appendix A - Aquifer and formation descriptions and drilling characteristics

Current through Register Vol. 51, page 10, July 15, 2024
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South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:05 - Regulation of groundwater use › Section 74:02:05:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms defined by SDCL
	 46-1-6 and §§
									74:02:01:01 and
	 74:02:04:20 have the same meaning
	 when used in this chapter. In addition, terms used in this chapter mean:
(1) "Water shortage," the lessened water
  supply conditions existing in an aquifer during a period of substantially less
  than average annual recharge.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		46-2-9,
		46-6-3.1,
		46-6-6,
		46-6-6.1,
		46-7-2.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:05 - Regulation of groundwater use › Section 74:02:05:02 - Constraints on locations of large-capacity wells

Current through Register Vol. 51, page 10, July 15, 2024
The spacing of large-capacity wells, within or without a special
	 groundwater control area, shall be controlled to assure domestic use and other
	 prior water right water supplies in adequate wells. Spacing of large-capacity
	 wells will be a criterion applied by the board in determining the availability
	 of unappropriated water when considering individual applications for permits to
	 appropriate groundwater.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		46-2-9,
		46-2-11,
		46-6-3.1,
		46-6-6.1.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:05 - Regulation of groundwater use › Section 74:02:05:03 - Constraints on withdrawals of water from large-capacity wells

Current through Register Vol. 51, page 10, July 15, 2024
When regulating withdrawals of water from large-capacity wells, the
	 board may require reasonable efforts to maintain sufficient artesian pressure
	 in the aquifer to maintain water supplies in existing individual domestic use
	 wells which are dependent upon artesian pressure, but continuance of artesian
	 pressure at all times will not be assured. The board may restrict water
	 withdrawals from an aquifer by large-capacity wells by limiting drawdown,
	 limiting daily operating periods, reducing the rate of withdrawal based upon
	 priority, or other means by which adverse effects upon the aquifer may be
	 lessened in the degree necessary to conform with this
	 chapter.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		46-2-9,
		46-2-11,
		46-6-3.1,
		46-6-6.1.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:05 - Regulation of groundwater use › Section 74:02:05:04 - Establishment of special groundwater control areas authorized - Criteria

Current through Register Vol. 51, page 10, July 15, 2024
Where water withdrawals from an aquifer or portions of an aquifer are
	 approaching the limit of average annual recharge or are causing chronic
	 interference among wells, are resulting in excessive aquifer water surface
	 drawdown, or are otherwise inhibiting optimum use of groundwater for beneficial
	 purposes, a special groundwater control area, covering the aquifer or portions
	 thereof, shall be established by the board.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		46-2-9,
		46-2-11,
		46-6-3.1,
		46-6-6.1,
		46-10A-5.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:05 - Regulation of groundwater use › Section 74:02:05:05 - Procedure for establishing special groundwater control areas - Notice - Hearings

Current through Register Vol. 51, page 10, July 15, 2024
A special groundwater control area shall be designated initially by the
	 board in terms of land area descriptions which overlay an aquifer. The
	 described area shall be published pursuant to SDCL
	 46-10A-4. The board shall review
	 the initially designated area considering information brought forth by the
	 public hearing and may establish a special groundwater control area, if
	 necessary.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		46-2-9,
		46-2-11,
		46-6-3.1,
		46-6-6.1,
		46-10A-4.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:05 - Regulation of groundwater use › Section 74:02:05:06 - Restrictions on water withdrawals by large-capacity wells in special groundwater control areas

Current through Register Vol. 51, page 10, July 15, 2024
Upon establishment of a special ground water control area, the
	 following additional criteria shall be applied to water withdrawals by
	 large-capacity wells:
(1) Water
  withdrawals from large-capacity wells, except domestic use wells, shall be
  limited to the amount of water granted in the water permit or right;
(2) Large-capacity domestic use wells shall
  be limited to the amount of water required for reasonable domestic
  use;
(3) During a two-year period
  following establishment of a special groundwater control area, water
  withdrawals from large-capacity wells shall be regulated to maintain water
  supplies with tolerable shortages in existing domestic use wells which do not
  conform to minimum well construction standards set forth in chapter 74:02:04,
  including maintenance of artesian pressure to the extent that existing domestic
  use wells are dependent thereon. Thereafter, water withdrawals from
  large-capacity wells shall be regulated to maintain water supplies in adequate
  wells for domestic use without maintaining artesian pressure in the
  aquifer;
(4) If the water
  management board determines it is necessary, installation of a water measuring
  device, capable of measuring the maximum rate of flow and the total amount of
  water withdrawn, shall be required at the outlet of all such large-capacity
  wells.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		1-26-1(7),
		46-1-2,
		46-2-9,
		46-2-11,
		46-6-3.1,
		46-6-6.1,
		46-7-2,
		46-10A-8.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:05 - Regulation of groundwater use › Section 74:02:05:07 - Observation well measurements to be used to determine the need for regulation

Current through Register Vol. 51, page 10, July 15, 2024
When regulating water withdrawals by large-capacity wells and in
	 determining the availability of unappropriated water for an application for a
	 permit to appropriate water, the board shall rely upon the record of
	 observation well measurements in addition to other data to determine that the
	 quantity of water withdrawn annually from the aquifer does not exceed the
	 estimated average annual recharge to the aquifer.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		46-1-2,
		46-2-11,
		46-2A-6,
		46-6-3.1,
		46-6-6.1.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:05 - Regulation of groundwater use › Section 74:02:05:08 - Additional constraints to be applied during times of water shortages

Current through Register Vol. 51, page 10, July 15, 2024
When and where water shortages exist, as determined by the board upon
	 analysis of observation well measurements and other data revealing abnormally
	 low annual or seasonal aquifer water supply conditions, the following
	 additional constraints on water withdrawals by large-capacity wells shall be
	 applied:
(1) Withdrawals of water by
  large-capacity wells may be reduced based upon priority among all such wells
  located in the water shortage area of an aquifer to the extent necessary to
  assure domestic use water supplies in adequate wells;
(2) When operation of large-capacity wells
  contributes directly to impairment of the water supply for adequate domestic
  use wells, the degree of reduction of withdrawal of water from such wells shall
  be greater than for other large-capacity wells.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		46-1-2,
		46-6-6.1.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:05 - Regulation of groundwater use › Section 74:02:05:09 and 74:02:05:10 - Issuance of notice declaring existence of water shortages - Service.Repealed

Current through Register Vol. 51, page 10, July 15, 2024
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:08 - Safety of dams › Section 74:02:08:02 - Scope

Current through Register Vol. 51, page 10, July 15, 2024
This chapter applies to all new dams and all existing Category 1 dams
	 and Category 2 dams. Category 2 dams constructed before October 27, 1986, that
	 have highways across the crest or that have highways, railroads, or bridges
	 below the dams are exempt from spillway requirements unless a dam fails and is
	 to be rebuilt and provided that an emergency plan is established by the owner
	 to monitor the dam and procedures are established to close the crest highways
	 or downstream highways, railroads, and bridges during flood conditions. Other
	 category 2 dams constructed before October 27, 1986, are exempt from spillway
	 requirements, except for dams that serve as the sole source of water for a
	 water distribution system or whose failure may cause extensive downstream
	 damage, unless a dam fails and is to be rebuilt and provided that the spillway
	 capacities comply with spillway requirements for category 3 dams. Category 3
	 dams constructed before October 27, 1986, are exempt from spillway requirements
	 unless a dam fails and is to be rebuilt. Reconstruction of category 2 and 3
	 dams that fail must comply with the requirements of §
									74:02:08:07. New dams are dams
	 constructed after October 26, 1986.
If the classification of a category 3 dam changes to a category 2 or 1
	 dam or if a category 2 dam changes to a category 1 dam, the spillway capacity
	 must comply with the spillway requirements for the new category
	 classification.
General Authority:
SDCL
		46-2-5,
		46-7-3.
Law Implemented:
SDCL
		46-5-8,
		46-5-30,
		46-7-3,
		46-7-5.
Note:
The owner of a dam may be responsible for
		resultant damage if a dam fails. Although § 74:02:08:02 exempts category 3
		and certain category 2 dams constructed before October 27, 1986, from the
		spillway requirements of §
											74:02:08:07, the owner should make
		an assessment of the risks and potential for damage in the event of dam
		failure.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:08 - Safety of dams › Section 74:02:08:03 - Intent

Current through Register Vol. 51, page 10, July 15, 2024
The intent of this chapter is to provide minimum standards for design,
	 construction, alteration, maintenance, and repair of dams and to prevent loss
	 of life. These standards are not intended to apply to ordinary maintenance and
	 repair of dams if the work is performed in accordance with an original design
	 prepared by an engineer and no change in safety hazard or purpose is
	 involved.
When conflicts develop in the interpretation of the rules in this
	 chapter, this section will be the basis for settlement of the
	 conflicts.
General Authority:
SDCL
		46-2-5,
		46-7-3.
Law Implemented:
SDCL
		46-1-15,
		46-5-10,
		46-5-11,
		46-5-30,
		46-5-47,
		46-7-3,
		46-7-5.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:08 - Safety of dams › Section 74:02:08:04 - Actions required to be performed by engineers

Current through Register Vol. 51, page 10, July 15, 2024
The following shall be completed by engineers:
(1) Prepare plans and specifications for the
  construction of new dams or alteration of existing dams;
(2) Inspect the construction or alteration of
  dams; and
(3) Perform periodic
  inspections, detailed investigations, and analyses of existing dams.
General Authority:
SDCL
		46-2-5,
		46-7-3.
Law Implemented:
SDCL
		46-1-15,
		46-5-10,
		46-5-11,
		46-5-47,
		46-7-3,
		46-7-5.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:08 - Safety of dams › Section 74:02:08:05 - Classification of dams - Hazard potential

Current through Register Vol. 51, page 10, July 15, 2024
The classification of dams based on potential hazards is as
	 follows:
CATEGORY
LOSS OF LIFE POTENTIAL
ECONOMIC LOSS POTENTIAL
3
None expected
Minimal (undeveloped to
occasional structures)
2
None expected
Extensive (community
or industry)
1
Potential loss
General Authority:
SDCL
		46-2-5,
		46-7-3.
Law Implemented:
SDCL
		46-1-15,
		46-5-8,
		46-5-10,
		46-5-11,
		46-5-30,
		46-7-3,
		46-7-5.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:08 - Safety of dams › Section 74:02:08:05.01 - Preliminary risk assessment

Current through Register Vol. 51, page 10, July 15, 2024
The chief engineer may request a preliminary risk assessment. The
	 preliminary risk assessment shall consist of an on-site inspection of the
	 downstream area with a description of any structures and an elevation in
	 reference to the stream channel bottom. The hazard classification is subject to
	 approval of the preliminary risk assessment by the chief engineer. The
	 preliminary risk assessment must be performed by an engineer as defined in this
	 chapter.
General Authority:
SDCL
		46-2-5,
		46-7-3.
Law Implemented:
SDCL
		46-1-15,
		46-5-8,
		46-5-10,
		46-5-11,
		46-5-30,
		46-7-3,
		46-7-5.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:08 - Safety of dams › Section 74:02:08:06 - Classification of dams - Size

Current through Register Vol. 51, page 10, July 15, 2024
The classification of dams by size is as follows: The size
	 classification is determined by either the maximum storage capacity or the
	 height, whichever gives the larger size category.
SIZE
STORAGE CAPACITY
HEIGHT
(acre-feet)
(feet)
Small
50 to 1000
25 to 40
Intermediate
1001 to 50,000
41 to 100
Large
greater than 50,000
greater than 100
General Authority:
SDCL
		46-2-5,
		46-7-3.
Law Implemented:
SDCL
		46-5-8,
		46-5-30,
		46-7-3,
		46-7-5.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:08 - Safety of dams › Section 74:02:08:07 - Minimum spillway design flood requirements - Exception

Current through Register Vol. 51, page 10, July 15, 2024
The hydraulic capacity of a dam must, by category and size, be such
	 that the following minimum spillway design floods can be passed through the
	 spillways without overtopping the structure:
CATEGORY
SIZE
SPILLWAY DESIGN FLOOD
3
Small
50-year frequency unless dam
qualifies for § 74:02:08:07.01
exception
Intermediate
100-year frequency
Large
0.5 PMF
2
Small
100-year frequency
Intermediate
0.5 PMF, unless dam qualifies
for § 74:02:08:07.02 exception
Large
PMF
1
Small
0.5 PMF
Intermediate
0.5 PMF
Large
PMF
A spillway system for a dam must meet the requirements in this section
	 unless the owner can provide information and justification to show the chief
	 engineer that the proposed design flow can be stored, passed through, or passed
	 over the dam without failure of the dam or if a variance is granted pursuant to
	 SDCL 46-7-5.3.
General Authority:
SDCL
		46-2-5,
		46-7-3.
Law Implemented:
SDCL
		46-5-8,
		46-5-30,
		46-7-3,
		46-7-5,
		46-7-5.3.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:08 - Safety of dams › Section 74:02:08:07.01 - Category 3 spillway design flood exception

Current through Register Vol. 51, page 10, July 15, 2024
For small size category 3 dams with an emergency spillway, the minimum
	 spillway design flood is a 25-year frequency if the product of the intermediate
	 storage capacity times the effective height is less than 3000. For small size
	 category 3 dams without an emergency spillway, the spillway design flood is a
	 25-year frequency if the product of the maximum storage capacity times the
	 effective height is less than 3000.
General Authority:
SDCL
		46-2-5,
		46-7-3.
Law Implemented:
SDCL
		46-5-8,
		46-5-30,
		46-7-3,
		46-7-5.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:08 - Safety of dams › Section 74:02:08:07.02 - Category 2 spillway design flood exemption

Current through Register Vol. 51, page 10, July 15, 2024
Unless the reservoir of a category 2 dam serves as the sole water
	 supply source for a water distribution system, the spillway design flood for a
	 new or rebuilt intermediate size category 2 dam may be lowered to a design
	 flood between the 0.5 PMF and 100-year spillway design flood based upon a risk
	 assessment. The risk assessment must be submitted to and approved by the chief
	 engineer.
General Authority:
SDCL
		46-2-5,
		46-7-3.
Law Implemented:
SDCL
		46-5-8,
		46-5-30,
		46-7-3,
		46-7-5.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:08 - Safety of dams › Section 74:02:08:07.03 - Design requirements for category 1 tailings dams

Current through Register Vol. 51, page 10, July 15, 2024
Dams constructed to store, without discharge, tailings as defined by
	 45-6B-3(14) shall be sized to retain the PMF plus at least a 100-year
	 flood.
General Authority:
SDCL
		46-2-5,
		46-7-3.
Law Implemented:
SDCL
		46-5-8,
		46-5-30.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:08 - Safety of dams › Section 74:02:08:07.04 - Design requirements for dams constructed without spillways

Current through Register Vol. 51, page 10, July 15, 2024
Dams which are designed and constructed without spillways and
	 constructed so that there is no external drainage into the facility, and
	 constructed for the purpose of containing process water shall be sized to
	 contain design operating volumes from the operation plus enough freeboard to
	 contain the PMP falling on the facility.
General Authority:
SDCL
		46-2-5,
		46-7-3.
Law Implemented:
SDCL
		46-5-8,
		46-5-30.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:08 - Safety of dams › Section 74:02:08:08 - Additional design requirements

Current through Register Vol. 51, page 10, July 15, 2024
In addition to the minimum spillway design flood requirements of §
									74:02:08:07, all new category 1
	 and 2 dams must have low-level drawdown facilities. If an existing category 1
	 or 2 dam undergoes extensive repairs which require complete drawing down of the
	 reservoir or is being repaired after the dam has failed, a low-level drawdown
	 facility must be installed. A low-level drawdown facility may be either a gated
	 pipe through the embankment that would allow the release of water below the
	 primary spillway or sufficient available pumping capacity to draw down the
	 reservoir. A breach analysis report must be completed by the owner for the
	 proposed dam if a preliminary risk assessment indicates that the dam is a
	 category 1 or 2 dam and must be submitted to the chief engineer with the plans
	 and specifications required by §
									74:02:08:09. A breach analysis, if
	 required, must be performed with a simulated water surface at or above the top
	 of the dam.
General Authority:
SDCL
		46-2-5,
		46-7-3.
Law Implemented:
SDCL
		46-5-8 to
		46-5-11,
		46-5-47,
		46-7-3,
		46-7-5.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:08 - Safety of dams › Section 74:02:08:09 - Contents of plans and specifications

Current through Register Vol. 51, page 10, July 15, 2024
Minimum plans and specifications submitted to the chief engineer for
	 review must include the following:
(1)
  A topographic map of the dam site specifying the legal description of the
  proposed dam and the location of the spillway and outlet works, and all test
  borings, test pits, and borrow pits. The map shall also show all property
  contiguous to the dam site and contiguous to the flood zone behind the dam and
  the owners of the contiguous property;
(2) A profile along the dam axis showing the
  location, elevations, and depth of borings or test pits, including logs of bore
  holes or test pits;
(3) A maximum
  cross-section of the dam showing the elevation and width of the crest; slopes
  of upstream and downstream faces; thickness of riprap; zoning of earth
  embankment; location of cutoff and bonding trenches; and elevations, size, and
  type of outlet conduit, valves, and operating mechanism;
(4) Area-capacity curves of the proposed
  reservoir;
(5) Detailed drawings
  showing plans, cross and longitudinal sections of the outlet conduits, valves
  and controls for operating the outlet, and trash racks;
(6) The discharge capacity in cubic feet per
  second of the spillway for each foot in water depth above the spillway crest up
  to the maximum high-water level and the formula used in making the
  calculations;
(7) Detailed plans of
  spillway structures, cross-section of the channel heading to and from the
  spillway, spillway profile, and procedures for operation of the spillway
  structure;
(8) Specifications
  including provisions during the period of construction for supervision by an
  engineer; and
(9) An EPP for a
  proposed category 1 dam.
Reconstruction, alteration, or repair that requires plans and
	 specifications, or breaching of an existing dam may not begin until plans and
	 specifications have been approved by the chief engineer. Construction of a new
	 dam pursuant to this chapter may not begin until plans and specifications have
	 been approved by the chief engineer and a water permit to construct the dam has
	 been approved by the water management board pursuant to SDCL
	 46-2A-7 or
	 46-2A-11.
General Authority:
SDCL
		46-2-5,
		46-7-3.
Law Implemented:
SDCL
		46-1-15,
		46-5-8 to
		46-5-11,
		46-5-47,
		46-7-3,
		46-7-5.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:08 - Safety of dams › Section 74:02:08:10 - Emergency preparedness plan

Current through Register Vol. 51, page 10, July 15, 2024
An EPP shall be prepared by the owner for all existing category 1 dams
	 and submitted to the chief engineer for approval prior to January 1,
	 1988.
General Authority:
SDCL
		46-2-5,
		46-7-3.
Law Implemented:
SDCL
		46-5-8,
		46-7-3,
		46-7-5.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:08 - Safety of dams › Section 74:02:08:11 - Periodic inspection program

Current through Register Vol. 51, page 10, July 15, 2024
The chief engineer may inspect all category 1 dams at least once every
	 five years or as often as necessary in order to ensure the continued safety of
	 a dam.
General Authority:
SDCL
		46-2-5,
		46-7-3.
Law Implemented:
SDCL
		46-2-19,
		46-5-8,
		46-5-30,
		46-7-3,
		46-7-5.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:09 - Chemigation › Section 74:02:09:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms defined in SDCL
	 34A-2A-1 have the same meaning
	 when used in this chapter. In addition, terms used in this chapter mean:
(1) "Check valve," a device that provides a
  positive (absolute) closure which prohibits the flow of material or liquid in
  the opposite direction of that desired when operation of the irrigation system
  pumping plant or chemical injection unit fails or is shut down;
(2) "Interlock," the arrangement or
  interconnection of the irrigation pump, chemical injection units, and other
  pumps or supply tanks so that total shutdown of the system will occur if any
  component malfunctions or fails;
(3) "Low-pressure drain," a self-activating
  device to drain that portion of an irrigation pipeline or conduit whose
  contents could potentially enter the water supply when operation of the
  irrigation system pumping plant fails or is shut down;
(4) "Vacuum relief valve," a device that
  automatically relieves or breaks vacuum in an irrigation pipeline or conduit
  due to system failure or shutdown.
General Authority:
SDCL
		34A-2A-3.
Law Implemented:
SDCL
		34A-2A-3.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:09 - Chemigation › Section 74:02:09:02 - Requirements for chemigation users

Current through Register Vol. 51, page 10, July 15, 2024
Persons applying any chemical through an irrigation system shall do the
	 following for each system:
(1) Provide
  the following information to the chief engineer prior to using chemigation:
(a) The water permit or right number issued
  pursuant to SDCL
  46-1-14;
(b) The name, address, and telephone number
  of the water permit or right owner;
(c) The name, address, and telephone number
  of the system operator if not the same as the water permit or right owner;
  and
(d) The legal description of
  the lands on which the system is located;
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:09 - Chemigation › Section 74:02:09:03 - Required mechanical devices - Specifications

Current through Register Vol. 51, page 10, July 15, 2024
Any irrigation distribution system, except an open discharge system as
	 provided in §
									74:02:09:04, through which
	 chemigation is performed shall be equipped with the mechanical devices
	 specified in §§
									74:02:09:05 to
	 74:02:09:10, inclusive.
The equipment shall be installed in accordance with the manufacturer's
	 specifications and at the location specified. The equipment shall be designed
	 and constructed of materials suitable for chemigation, including chemical
	 compatibility, as specified on the chemical label or by the equipment
	 manufacturer.
General Authority:
SDCL
		34A-2A-3.
Law Implemented:
SDCL
		34A-2A-3.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:09 - Chemigation › Section 74:02:09:04 - Open discharge systems exempted

Current through Register Vol. 51, page 10, July 15, 2024
The provisions of §
									74:02:09:03 do not apply to an
	 open discharge system. An open discharge system is an irrigation pump discharge
	 with an air gap. An air gap is a physical separation between the free-flowing
	 discharge end of a water pipeline and an open receiving vessel. An air gap
	 meets the requirements of this section if the end of the discharge pipe is
	 located above the topmost rim of the receiving vessel, if the distance of the
	 separation is greater than one inch, and if the air gap is located between the
	 irrigation pump discharge outlet and the point of chemical
	 injection.
General Authority:
SDCL
		34A-2A-3.
Law Implemented:
SDCL
		34A-2A-2,
		34A-2A-3.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:09 - Chemigation › Section 74:02:09:05 - Irrigation pipeline check valve

Current through Register Vol. 51, page 10, July 15, 2024
The irrigation pipeline check valve shall be located in the pipeline
	 between the irrigation pump and the point of chemical injection into the
	 irrigation pipeline, as illustrated in Appendix A at the end of this
	 chapter.
General Authority:
SDCL
		34A-2A-3.
Law Implemented:
SDCL
		34A-2A-3.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:09 - Chemigation › Section 74:02:09:06 - Vacuum relief valve

Current through Register Vol. 51, page 10, July 15, 2024
The vacuum relief valve shall be located on the top of the pipeline
	 between the irrigation pump and the irrigation pipeline check valve, as
	 illustrated in Appendix A at the end of this chapter. The valve shall be sized
	 in accordance with the manufacturer's specifications.
General Authority:
SDCL
		34A-2A-3.
Law Implemented:
SDCL
		34A-2A-3.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:09 - Chemigation › Section 74:02:09:07 - Automatic low pressure drain

Current through Register Vol. 51, page 10, July 15, 2024
The low-pressure drain shall be located on the bottom of the horizontal
	 pipeline between the irrigation pump and the irrigation pipeline check valve,
	 as illustrated in Appendix A at the end of this chapter.
The valve shall be sized in accordance with the manufacturer's
	 specifications. The drain shall have an orifice of at least three-quarter inch
	 diameter. The drain shall not extend into the horizontal pipe beyond the inside
	 surface of the bottom of the pipe and shall be at least two inches above
	 grade.
When the pipeline water flow stops, the drain must automatically open.
	 A tube, pipe, or similar conduit shall be used to discharge the solution at
	 least 20 feet from the irrigation water source. The solution shall be contained
	 and prevented from entering the water supply source.
General Authority:
SDCL
		34A-2A-3.
Law Implemented:
SDCL
		34A-2A-3.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:09 - Chemigation › Section 74:02:09:08 - Chemical injection line check valve

Current through Register Vol. 51, page 10, July 15, 2024
The chemical injection line check valve shall be located between the
	 point of chemical injection into the irrigation pipeline and the chemical
	 injection pump, as illustrated in Appendix A at the end of this chapter. Unless
	 a positive displacement pump is utilized, a second chemical injection line
	 check valve shall also be located between the point of chemical injection into
	 the irrigation pipeline and chemical injection pump. The valve or valves shall
	 be designed to have a minimum opening (cracking) pressure of ten pounds per
	 square inch.
General Authority:
SDCL
		34A-2A-3.
Law Implemented:
SDCL
		34A-2A-3.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:09 - Chemigation › Section 74:02:09:09 - Functional systems interlock

Current through Register Vol. 51, page 10, July 15, 2024
The irrigation pump and the chemical injection pump shall be
	 interlocked so that if the irrigation pump stops, the injection pump will also
	 stop.
General Authority:
SDCL
		34A-2A-3.
Law Implemented:
SDCL
		34A-2A-3.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:09 - Chemigation › Section 74:02:09:10 - Inspection port

Current through Register Vol. 51, page 10, July 15, 2024
The inspection port shall be located on the pipeline between the
	 irrigation pump and the irrigation pipeline check valve, as illustrated in
	 Appendix A at the end of the chapter. The vacuum relief valve connection may
	 serve as the inspection port.
The inspection port or viewing device shall be situated in such a
	 manner that the inlet to the low-pressure drain can be observed. A minimum
	 four-inch orifice or viewing area is required.
General Authority:
SDCL
		34A-2A-3.
Law Implemented:
SDCL
		34A-2A-3.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:09 - Chemigation › Section 74:02:09:11 - Maintenance of equipment

Current through Register Vol. 51, page 10, July 15, 2024
The operator of the irrigation system shall keep the system in good
	 operating condition and shall ensure that the chemigation and safety equipment
	 is operating properly before injecting chemical into the irrigation
	 system.
General Authority:
SDCL
		34A-2A-3.
Law Implemented:
SDCL
		34A-2A-2,
		34A-2A-3.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:09 - Chemigation › Section 74:02:09:12 - Calibration

Current through Register Vol. 51, page 10, July 15, 2024
The operator of the irrigation system shall calibrate the system prior
	 to starting the injection of chemical into the irrigation
	 system.
General Authority:
SDCL
		34A-2A-3.
Law Implemented:
SDCL
		34A-2A-2,
		34A-2A-3.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:09 - Chemigation › Section 74:02:09:13 - Product label

Current through Register Vol. 51, page 10, July 15, 2024
The operator of the system shall follow all requirements on the
	 chemical product label.
General Authority:
SDCL
		34A-2A-3.
Law Implemented:
SDCL
		34A-2A-2,
		34A-2A-3.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:09 - Chemigation › Section 74:02:09:14 - Posting

Current through Register Vol. 51, page 10, July 15, 2024
The operator shall post warning signs as specified on the label of the
	 chemical product being used at the time of application.
General Authority:
SDCL
		34A-2A-3.
Law Implemented:
SDCL
		34A-2A-2,
		34A-2A-3.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:09 - Chemigation › Section 74:02:09:15 - Reporting of spills, accidents, and system malfunctions

Current through Register Vol. 51, page 10, July 15, 2024
The operator of a chemigation system shall report immediately to the
	 chief engineer through the South Dakota division of emergency management's
	 24-hour telephone number, (605) 773-3231, and to local agencies as prescribed
	 by local emergency planning committees all spills, accidents, system
	 malfunctions, or other situations involving actual or potential contamination
	 of either groundwater or surface water.
General Authority:
SDCL
		34A-2A-3.
Law Implemented:
SDCL
		34A-2A-2,
		34A-2A-3.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:09 - Chemigation › Section 74:02:09:16 - Variance

Current through Register Vol. 51, page 10, July 15, 2024
The operator of a chemigation system may request a variance from
	 requirements of this chapter from the chief engineer when irrigation system
	 engineering design problems are encountered. The chief engineer may grant a
	 variance and approve equipment which provides protection to ground and surface
	 water equivalent to that provided by these rules.
General Authority:
SDCL
		34A-2A-3.
Law Implemented:
SDCL
		34A-2A-2,
		34A-2A-3.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:09 - Chemigation › Appendix A - Minimum requirements for antipollution devices and arrangement of equipment for applying chemicals through the irrigation system

Current through Register Vol. 51, page 10, July 15, 2024
Appendix A
Figures 1 and 2 apply to the following sections:
Section 74:02:09:05 Irrigation pipeline check valve.
Section 74:02:09:06 Vacuum relief valve.
Section 74:02:09:07 Automatic low pressure drain.
Section 74:02:09:08 Chemical injection line.
Section 74:02:09:09 Functional systems interlock.
Section 74:02:09:10 Inspection port.
Click To View
	 Image
Figure 1.
Minimum requirements for antipollution devices and arrangement of
	 equipment for applying chemicals through the irrigation system (engine
	 drive).
Click To View
	 Image
Figure 2.
Minimum requirements for antipollution devices and arrangement of
	 equipment for applying chemicals through the irrigation system (motor
	 drive).