reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:01 - General rules › Section 74:02:01:15.05 - Board action after legislative action

Current through Register Vol. 51, page 10, July 15, 2024
After approval by the Legislature, the board shall schedule a time and
	 place for final consideration of the application. Disapproval by the
	 Legislature constitutes disapproval by the board and no further action need be
	 taken by the board.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		46-5-20.1.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:01 - General rules › Section 74:02:01:16 - Inspection reports of construction and application of water to be maintained

Current through Register Vol. 51, page 10, July 15, 2024
The findings of the inspections made pursuant to SDCL
	 46-5-30 for the completion of
	 construction of works and application of water to beneficial use shall be set
	 forth in a written report, and the report shall be made a part of the water
	 permit or right files maintained by the chief engineer.
General Authority:
SDCL
		46-2-5,
		46-5-11.
Law Implemented:
SDCL
		46-5-30,
		46-5-30.1,
		46-5-30.2,
		46-6-3.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:01 - General rules › Section 74:02:01:16.01 - Combining permits into one license

Current through Register Vol. 51, page 10, July 15, 2024
When inspecting systems that are covered by more than one permit or
	 right, the applicable portions of all permits or rights and priority dates may
	 be incorporated into one water license under the number of the latest permit
	 issued.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		46-5-30,
		46-5-30.1,
		46-5-30.2.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:01 - General rules › Section 74:02:01:20 - Procedure for filing vested right claim

Current through Register Vol. 51, page 10, July 15, 2024
The chief engineer shall furnish an application and instructions for
	 filing a vested right claim to either surface or ground water as allowed by
	 SDCL 46-5-49 and
	 46-6-2. The claimant must complete
	 a legible application and submit the application to the chief engineer along
	 with the applicable filing fee required in SDCL
	 46-2-13. The claimant must file a
	 map with the application and the claimant's name or the name of the claimant's
	 legal agent must be on the application. A claimant or a representative of the
	 claimant may confer with the chief engineer regarding preparation of a vested
	 right claim.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		46-1-9,
		46-1-10,
		46-2-3.1,
		46-5-49,
		46-6-1,
		46-6-2.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:01 - General rules › Section 74:02:01:20.01 - Chief engineer's investigation of vested right claims

Current through Register Vol. 51, page 10, July 15, 2024
The chief engineer may investigate the uses claimed in the vested right
	 application to determine from existing records, affidavits, and other available
	 data the existence, scope, continuity of use, and date of construction of the
	 water use system. The chief engineer may present the results of an
	 investigation to the board at the time of the hearing on the
	 application.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		46-1-9,
		46-1-10,
		46-2-17,
		46-5-49,
		46-6-1,
		46-6-2.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:01 - General rules › Section 74:02:01:21 - Application procedure for vested right claim - Validation of claim

Current through Register Vol. 51, page 10, July 15, 2024
As far as practicable, the vested right claim application must conform
	 to the procedures contained in SDCL
	 46-2A-1 to
	 46-2A-7, inclusive, and with
	 §§
									74:02:01:06 to
	 74:02:01:10, inclusive. If the
	 vested right claim is contested, the board shall decide by majority vote after
	 a hearing if the claim is to be validated. If the claim is uncontested, the
	 chief engineer may issue the validated vested right on behalf of the board
	 pursuant to § 74:02:01:12.03. The board or chief engineer may return the
	 application to the claimant for additional information to support the
	 claim.
General Authority:
SDCL
		46-1-16,
		46-2-3.1,
		46-2-5.
Law Implemented:
SDCL
		46-1-9,
		46-1-10,
		46-1-15,
		46-1-16,
		46-2-3.1,
		46-2A-23,
		46-5-6.11,
		46-5-49,
		46-6-1,
		46-6-2.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:01 - General rules › Section 74:02:01:22 - Issuance of water license for vested right claims

Current through Register Vol. 51, page 10, July 15, 2024
The chief engineer shall issue a water license based on the board's
	 decision to validate a vested right claim in whole or in part or based on the
	 chief engineer's issuance of an uncontested validated vested right on behalf of
	 the board. The chief engineer shall send a copy of the license to the
	 claimant.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		46-1-9,
		46-1-10,
		46-5-49,
		46-6-1,
		46-6-2.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:01 - General rules › Section 74:02:01:24 - Application procedure for entities to appropriate water for future use

Current through Register Vol. 51, page 10, July 15, 2024
An application to appropriate water for future use by those entities
	 specified in SDCL
	 46-5-38 shall be on application
	 forms furnished by the chief engineer. As far as practical, the application
	 shall conform to the procedures contained in SDCL
	 46-2A-1 to
	 46-2A-13, inclusive, and with
	 §§
									74:02:01:06 to
	 74:02:01:10,
	 inclusive.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		46-5-38.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:01 - General rules › Section 74:02:01:24.01 - Future use applications and future use permits limited

Current through Register Vol. 51, page 10, July 15, 2024
Future use applications and future use permits for entities without
	 permits to use water shall be limited to the amount of water actually needed to
	 cover the uses specified in the future use application or future use permit.
	 The board may, at its discretion, limit future use applications and future use
	 permits for entities with permits to use water to two times the annual amount
	 actually put to beneficial use. Water reserved for irrigation use shall be the
	 amount allowed by SDCL
	 46-5-6 and
	 46-5-6.1 and by §§
									74:02:01:05 and
	 74:02:01:05.01 unless a lesser
	 amount is requested by the applicant or permit holder.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		46-1-14,
		46-2-9,
		46-2-11,
		46-5-38.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:01 - General rules › Section 74:02:01:24.02 - Submission of annual water use records

Current through Register Vol. 51, page 10, July 15, 2024
The chief engineer may require that annual water use records be
	 submitted by the applicant as part of a future use application or by the permit
	 holder as part of the review of a future use permit.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		46-2-9,
		46-2-11,
		46-2-17,
		46-5-11.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:01 - General rules › Section 74:02:01:25 - Board to act on future use application by entity - Authorized qualifications

Current through Register Vol. 51, page 10, July 15, 2024
The board, by majority vote, shall decide whether the future use
	 application of an entity is approved, approved with qualifications, or
	 rejected. In addition to other qualifications, the board may, at its
	 discretion, place a time limit of less than seven years on a future use permit.
	 After the time limit expires, the board shall decide whether to allow the
	 permit to remain in effect or to cancel the permit.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		46-1-14,
		46-5-38,
		46-5-38.1.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:01 - General rules › Section 74:02:01:25.01 - Future use permit review - Recommendation and scheduling for review

Current through Register Vol. 51, page 10, July 15, 2024
The chief engineer shall prepare a recommendation for a future use
	 permit that conforms, as far as practical, to the requirements of SDCL
	 46-2A-2 and shall schedule the
	 future use permit for review by the board.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		46-2A-2,
		46-5-38,
		46-5-38.1.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:01 - General rules › Section 74:02:01:25.02 - Notice of review of future use permit

Current through Register Vol. 51, page 10, July 15, 2024
When a future use permit is scheduled for review, the chief engineer
	 shall notify the permit holder of the date, time, and place of the review
	 hearing and of the chief engineer's recommendation. The chief engineer shall
	 send the notice by first class mail to the last known address of the permit
	 holder at least 27 days before the hearing.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		46-5-38,
		46-5-38.1.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:01 - General rules › Section 74:02:01:25.03 - Publication of notice of future use permit review

Current through Register Vol. 51, page 10, July 15, 2024
The publication of the notice for review of a future use permit shall
	 conform as far as practical to the requirements of SDCL
	 46-2A-3 and
	 46-2A-4.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		46-2-9,
		46-2-11,
		46-2-17,
		46-2A-2,
		46-2A-4,
		46-5-38,
		46-5-38.1.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:01 - General rules › Section 74:02:01:26.01 - Reinstating amount of water not developed

Current through Register Vol. 51, page 10, July 15, 2024
When a permit is approved to develop a specified amount of water from a
	 future use permit, the amount shall be deducted from the future use permit. If,
	 in licensing the permit, the amount actually developed is less than the
	 approved amount, the amount of water not developed shall be reinstated to the
	 future use permit.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		46-5-38.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:01 - General rules › Section 74:02:01:32 - Applications for temporary permit - Telephone requests

Current through Register Vol. 51, page 10, July 15, 2024
The chief engineer shall furnish application forms for a temporary
	 permit upon request. The applicant shall complete the application form and
	 submit it to the chief engineer. The chief engineer may accept telephone
	 requests for a temporary permit at the chief engineer's
	 discretion.
General Authority:
SDCL
		46-2-5,
		46-5-40.1.
Law Implemented:
SDCL
		46-1-2,
		46-2-3.1,
		46-2-9,
		46-2-17,
		46-5-40.1.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:01 - General rules › Section 74:02:01:33 - Information required for temporary permits

Current through Register Vol. 51, page 10, July 15, 2024
A temporary permit must contain the following information:
(1) Name and address of the water
  user;
(2) Project or projects on
  which water will be used;
(3)
  Source of water;
(4) Location of
  the water diversion points;
(5)
  Maximum total amount of water to be used (in gallons);
(6) Maximum daily withdrawal rate (in
  gallons);
(7) Date after which
  water use can begin;
(8) Date when
  water use will cease;
(9) Date of
  issuance of the permit; and
(10)
  Any qualifications thought necessary by the chief engineer.
General Authority:
SDCL
		46-2-5,
		46-5-40.1.
Law Implemented:
SDCL
		46-1-2,
		46-2-3.1,
		46-2-9,
		46-2-11,
		46-2-17,
		46-5-40.1.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:01 - General rules › Section 74:02:01:34 - Chief engineer authorized to issue temporary permits

Current through Register Vol. 51, page 10, July 15, 2024
The chief engineer may issue temporary permits but may, at the chief
	 engineer's discretion, defer issuance of a temporary permit and present the
	 application to the board for action.
General Authority:
SDCL
		46-2-5,
		46-5-40.1.
Law Implemented:
SDCL
		46-1-2,
		46-2-3.1,
		46-2-9,
		46-2-11,
		46-2-17,
		46-5-40.1.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:01 - General rules › Section 74:02:01:34.01 - Rescission of temporary permits by chief engineer

Current through Register Vol. 51, page 10, July 15, 2024
The chief engineer may, consistent with SDCL
	 1-26-29, rescind a temporary permit
	 at any time prior to the expiration date of the permit for one or more of the
	 following reasons, as determined by the chief engineer:
(1) Water is not available to satisfy
  existing water permits or rights or domestic uses;
(2) Water use under a temporary permit
  adversely affects existing water permits or rights or the public
  interest;
(3) The temporary permit
  holder violates a qualification or limitation of the temporary
  permit;
(4) The temporary permit
  holder abandons use of the temporary permit prior to the expiration date;
  or
(5) The temporary permit was
  issued in error.
General Authority:
SDCL
		46-2-5,
		46-5-40.1.
Law Implemented:
SDCL
		46-1-2,
		46-2-3.1,
		46-2-9,
		46-2-11,
		46-2-17,
		46-5-40.1.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:01 - General rules › Section 74:02:01:34.02 - Appeal of rescission of temporary permit to board

Current through Register Vol. 51, page 10, July 15, 2024
A holder of a temporary permit rescinded by the chief engineer who
	 wants a review of the chief engineer's decision may appeal to the board. A
	 written request to appeal must be filed with the chief engineer within 10 days
	 after receiving notice that the temporary permit has been rescinded. The chief
	 engineer shall schedule the appeal for consideration by the board and prepare a
	 notice of hearing pursuant to SDCL
	 1-26-17.
General Authority:
SDCL
		46-2-5,
		46-5-40.1.
Law Implemented:
SDCL
		46-1-2,
		46-2-3.1,
		46-2-9,
		46-2-11,
		46-2-17,
		46-5-40.1.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:01 - General rules › Section 74:02:01:35.01 - Application procedure for flood control permits

Current through Register Vol. 51, page 10, July 15, 2024
An applicant for a flood control permit shall complete an application
	 on forms supplied by the chief engineer in accordance with §§
									74:02:01:06 to
	 74:02:01:10, inclusive. The
	 application shall be considered pursuant to procedures in SDCL chapter 46-2 A.
	 An application for a flood control permit may include an appropriation of water
	 depending on the type of project. If the application is contested, the board
	 shall decide after a hearing if the application is to be approved. If the
	 application is uncontested, the chief engineer may issue a flood control permit
	 on behalf of the board pursuant to § 74:02:01:12.03.
General Authority:
SDCL
		46-1-16,
		46-2-3.1,
		46-2-5,
		46-5-11.
Law Implemented:
SDCL
		46-1-14,
		46-1-15,
		46-1-16,
		46-2-3.1,
		46-2A-11,
		46-2A-23,
		46-5-10,
		46-5-11,
		46-5-47.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:01 - General rules › Section 74:02:01:35.02 - Inspection of flood control works - Licensing

Current through Register Vol. 51, page 10, July 15, 2024
The chief engineer shall inspect flood control works constructed under
	 a flood control permit to determine if the project works are constructed in
	 accordance with SDCL
	 46-5-30 and
	 46-5-47. Following completion of
	 an inspection and compliance with SDCL
	 46-5-30.1, the chief engineer
	 shall issue a license for the project.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		46-2A-11,
		46-5-30,
		46-5-30.1,
		46-5-47.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:01 - General rules › Section 74:02:01:36 - Board authorized to cancel invalid water permits, rights, or vested rights

Current through Register Vol. 51, page 10, July 15, 2024
The board may cancel a water permit, right, or vested right which has
	 become invalid and file a record of the cancellation in the water permit,
	 right, or vested right record.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		46-2-9,
		46-2A-8,
		46-5-36,
		46-5-37,
		46-5-37.1.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:01 - General rules › Section 74:02:01:37 - Invalid water permit, right, or vested right defined

Current through Register Vol. 51, page 10, July 15, 2024
A water permit, right, or vested right is invalid if it meets one or
	 more of the following conditions:
(1)
  The necessary works were not constructed or the water put to beneficial use
  within the time limits as provided by statute;
(2) Use of water has been abandoned as
  specified in SDCL
  46-5-36;
(3) Use of water has been forfeited for
  nonuse as specified in SDCL
  46-5-37.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		46-2-9,
		46-2A-8,
		46-5-36,
		46-5-37,
		46-5-37.1.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:01 - General rules › Section 74:02:01:37.01 - Legal excuse for nonuse of water

Current through Register Vol. 51, page 10, July 15, 2024
Legal excuse for nonuse of water suspends the period of nonuse
	 specified in SDCL
	 46-5-37. Legal excuses for nonuse
	 of water include but are not limited to the following:
(1) Unavailability of water to satisfy a
  permit, right, or vested right;
(2)
  Legal proceedings which prevent the use of water;
(3) Water use under existing climatic
  conditions would result in a waste of water.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		46-2-9,
		46-5-37,
		46-5-37.1.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:01 - General rules › Section 74:02:01:37.02 - Exceptions to nonuse of water

Current through Register Vol. 51, page 10, July 15, 2024
A water supply maintained for either fire protection or standby
	 purposes, or both, is not nonuse of a water permit, right, or vested right if
	 the water diversion works are maintained in working condition for immediate use
	 upon demand. Works to divert appropriated water must include wells equipped
	 with functional motors, pumps, and appurtenances to convey water or functional
	 motors, pumps, and appurtenances to convey water from a surface source, as
	 applicable. Wells that are capped, sealed, or plugged are not standby or fire
	 protection works.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		46-2-9,
		46-2-11,
		46-5-37,
		46-5-37.1.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:01 - General rules › Section 74:02:01:38 - Procedure for consideration of water permit, right, or vested right cancellations - Contents of notice

Current through Register Vol. 51, page 10, July 15, 2024
If investigation by the chief engineer indicates a water permit, right,
	 or vested right is invalid pursuant to §
									74:02:01:37, the chief engineer
	 shall prepare a recommendation to cancel. If the holder of an invalid permit,
	 right, or vested right is not known following examination of known records, the
	 chief engineer shall publish a notice of cancellation pursuant to SDCL
	 46-2A-4(1) to
	 (9), as applicable, and SDCL
	 1-26-17.
The chief engineer shall send the notice of cancellation by first class
	 mail to the holder of the invalid permit, right, or vested right, if known, at
	 least 27 days before the scheduled hearing.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		46-2-9,
		46-2-17,
		46-2A-2,
		46-2A-4,
		46-2A-5,
		46-5-36,
		46-5-37,
		46-5-37.1.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:01 - General rules › Section 74:02:01:40 - Action by board - Minutes to show reasons for cancellation

Current through Register Vol. 51, page 10, July 15, 2024
After the hearing, the board, by majority vote, shall decide whether
	 the water permit, right, or vested right is to be canceled or remain in force.
	 The records of the board shall show the reasons for all
	 cancellations.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		46-2-9,
		46-2-11,
		46-2-17,
		46-2A-2,
		46-2A-4,
		46-2A-5,
		46-5-36,
		46-5-37,
		46-5-37.1.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:01 - General rules › Section 74:02:01:40.01 - Cancellation of irrigation location notice - Retention as stock water location notice

Current through Register Vol. 51, page 10, July 15, 2024
If the water permit, or right being canceled is an irrigation dry draw
	 location notice where the irrigation from the dam has been abandoned but the
	 storage dam described on the notice is being used for stock water, the
	 irrigation use shall be canceled and the location notice shall be retained as a
	 stock water domestic use location notice filing.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		46-2-9,
		46-2-11,
		46-2-17,
		46-4-1,
		46-4-1.1,
		46-4-3,
		46-5-36,
		46-5-37,
		46-5-37.1.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:01 - General rules › Section 74:02:01:41 - Holders to be notified of cancellation action - Notice by publication

Current through Register Vol. 51, page 10, July 15, 2024
The holder of a canceled water permit, right, or vested right, if
	 known, shall be notified of the board's action and reasons for the
	 cancellation. If the holder of the canceled water permit, right, or vested
	 right is not known, notice of the cancellation shall be published once in each
	 newspaper in which the notice of the cancellation hearing was
	 published.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		46-2-9,
		46-2-11,
		46-2-17,
		46-2A-2,
		46-2A-4,
		46-2A-5,
		46-5-36,
		46-5-37,
		46-5-37.1.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:01 - General rules › Section 74:02:01:42 - Application for well driller license - License representative to be designated

Current through Register Vol. 51, page 10, July 15, 2024
Application forms for a well driller license shall be furnished by the
	 chief engineer upon request or submitted electronically. All written
	 applications submitted to the chief engineer shall be typewritten or printed in
	 permanent ink and shall be legible. A well driller's license representative
	 shall be designated in the application. The license representative shall be
	 responsible for all well drilling and well construction work contracted for or
	 authorized on behalf of the well driller. The license representative's
	 qualifications and experience shall be the basis for documenting in the
	 application the ability of the well driller to complete properly one or more of
	 the water use well types in § 74:02:01:42.01.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		46-2A-1,
		46-2A-13,
		46-6-9,
		46-6-11.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:01 - General rules › Section 74:02:01:42.01 - Types of water use wells

Current through Register Vol. 51, page 10, July 15, 2024
A well driller, based upon the qualifications and experience of the
	 license representative, may be licensed to drill one or more of the following
	 types of water use wells:
(1) To
  depths no deeper than the greenhorn formation:
(a) Private domestic use for 18 gallons per
  minute or less;
(b) Private
  domestic use for more than 18 gallons per minute;
(c) Irrigation use;
(d) Municipal, rural water system, and other
  common distribution system use;
(e)
  Commercial use;
(f) Industrial
  use;
(g) Geothermal use;
(h) Special use for monitoring or
  sampling;
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:01 - General rules › Section 74:02:01:42.02 - Requirements for all well driller license applications

Current through Register Vol. 51, page 10, July 15, 2024
In addition to the requirements of §
									74:02:01:42 and
	 74:02:01:42.01, all applications
	 for a well driller license shall include the following:
(1) The fee required by SDCL
  46-6-9;
(2) The name and address of the well
  driller;
(3) The name of the well
  driller's license representative;
(4) Drilling methods and equipment to be used
  by applicant;
(5) The types of
  water use wells the well driller intends to drill and construct;
(6) A statement that the well driller's
  license representative is familiar with provisions of SDCL
  46-6-6 to
  46-6-21, inclusive, 46-6-27,
  46-6-29, 46-6-30, and 46-6-31, and chapters 74:02:01, 74:02:02, and 74:02:04
  for well driller licensing, drilling, and construction;
(7) A statement that the well driller has the
  needed well drilling equipment.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		46-2A-1,
		46-2A-13,
		46-6-9,
		46-6-11.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:01 - General rules › Section 74:02:01:42.03 - Documentation of experience required for new license applications

Current through Register Vol. 51, page 10, July 15, 2024
In addition to the requirements of §
									74:02:01:42 to
	 74:02:01:42.02, inclusive, all
	 applications for a new well driller license shall include documentation by the
	 well driller's license representative showing at least five years of experience
	 and qualifications in properly completing specified types of wells to be
	 drilled and constructed. Other documentation in lieu of experience may be
	 submitted showing qualifications and ability to properly complete specified
	 types of wells to be drilled and constructed.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		46-2A-1,
		46-2A-13,
		46-6-9,
		46-6-11.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:01 - General rules › Section 74:02:01:42.04 - Application requirements for renewal of a well driller license

Current through Register Vol. 51, page 10, July 15, 2024
In addition to the requirements of §§
									74:02:01:42 to
	 74:02:01:42.02, inclusive, all
	 applications for renewal of a well driller's license shall include the
	 following:
(1) The number of wells
  constructed and a statement that well driller reports for wells drilled have
  been submitted for all wells constructed and test holes drilled in the calendar
  year prior to the renewal license year or the 12 months prior to the license
  application date;
(2) Documentation
  of qualifications showing ability to complete properly additional types of
  wells listed in §
									74:02:01:42.01 not requested in
  previous applications;
(3)
  Documentation of continuing education activities during the previous
  year.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		46-2A-1,
		46-2A-13,
		46-6-9,
		46-6-11.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:01 - General rules › Section 74:02:01:42.05 - Deadline for renewal of license

Current through Register Vol. 51, page 10, July 15, 2024
An application to renew a well driller license must be postmarked
	 before February 1 of the license renewal year. Applications for a license
	 renewal postmarked after January 31 of the license renewal year shall be
	 rejected and the applicant shall comply with the requirements for new
	 applications in §
									74:02:01:42.03.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		46-2A-1,
		46-2A-13,
		46-6-9,
		46-6-11.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:01 - General rules › Section 74:02:01:42.06 - New license representative or licensing for additional well types

Current through Register Vol. 51, page 10, July 15, 2024
To designate a new well driller license representative for an existing
	 well driller license or when a well driller wants to be licensed for drilling
	 and constructing additional well types, the well driller shall establish
	 individual experience and qualifications in accordance with §
									74:02:01:42.03.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		46-2A-1,
		46-2A-13,
		46-6-9,
		46-6-11.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:01 - General rules › Section 74:02:01:42.07 - License renewals after March 31, 1983

Current through Register Vol. 51, page 10, July 15, 2024
A well driller licensed as of March 31, 1983, who renews the license
	 yearly by January 31 of the license renewal year is not required to comply with
	 §§
									74:02:01:42.05 and 74:02:01:42.06.
	 However, the well driller's equipment must be capable of drilling and
	 constructing the types of wells listed in the application.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		46-2A-1,
		46-2A-13,
		46-6-9,
		46-6-11.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:01 - General rules › Section 74:02:01:42.08 - Criteria for continuing education for a well driller license

Current through Register Vol. 51, page 10, July 15, 2024
A continuing education activity must meet the criteria in items 1 to 5,
	 inclusive, for credit to be given:
(1)
  The activity must be related to wells and borings, drilling technology,
  groundwater contamination, health aspects of water quality, groundwater
  monitoring, geology, hydrology, well construction and plugging, water systems
  and water treatment, or other subjects approved by the chief
  engineer;
(2) The activity must
  have a specific, written objective that describes expected outcomes for the
  participant;
(3) The activity must
  be presented by a person knowledgeable in the subject. The person's
  qualifications must be documented by either specialized training in the subject
  matter or work experience in the subject area;
(4) The activity must be at least one contact
  hour;
(5) The activity must
  document participation, including but not limited to earned credits and
  verification of attendance.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		46-2A-1,
		46-2A-13,
		46-6-9.3.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:01 - General rules › Section 74:02:01:42.09 - Examination required

Current through Register Vol. 51, page 10, July 15, 2024
In addition to the requirements of §
									74:02:01:42 to
	 74:02:01:42.03, inclusive, all
	 license representatives for a new well driller license shall successfully
	 demonstrate their knowledge, and ability to drill water wells in South Dakota
	 by passing an examination. The examination questions are based on the skills
	 necessary to operate as water well driller and on the principles set forth in
	 chapter 74:02:04. The examination is an open book test. The passing grade for
	 all examinations is an overall grade of 70 out of a possible 100. The
	 examination is prepared, administered, and graded by the chief engineer or the
	 chief engineer's designee.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		46-2A-1,
		46-2A-13,
		46-6-9,
		46-6-11.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:01 - General rules › Section 74:02:01:43.01 - Chief engineer authorized to delay issuance of license

Current through Register Vol. 51, page 10, July 15, 2024
The chief engineer may delay issuance of the well driller license for
	 failure of the driller to submit reports of well
	 construction.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		46-2A-1,
		46-2A-13,
		46-6-9,
		46-6-11.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:01 - General rules › Section 74:02:01:43.02 - Board authorized to revoke license when unauthorized well types drilled

Current through Register Vol. 51, page 10, July 15, 2024
The board may revoke a well driller's license if the driller drills
	 types of water use wells the driller is not licensed to
	 drill.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		46-2A-1,
		46-2A-13,
		46-6-9,
		46-6-11.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:01 - General rules › Section 74:02:01:43.03 - Well driller license representative - Activity limitation

Current through Register Vol. 51, page 10, July 15, 2024
Action by the board to revoke or suspend a well driller license
	 pursuant to SDCL
	 46-6-9.1 or §
									74:02:01:43.02 establishes that
	 the well driller license representative may not serve as a license
	 representative for any well driller for a term set by the
	 board.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		46-2A-1,
		46-2A-13,
		46-6-9,
		46-6-9.1,
		46-6-11.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:01 - General rules › Section 74:02:01:43.04 - Application for well pump installer license - License representative to be designated

Current through Register Vol. 51, page 10, July 15, 2024
Application forms for a well pump installer's license shall be
	 furnished by the chief engineer upon request or submitted electronically. All
	 written applications submitted to the chief engineer shall be typewritten or
	 printed in permanent ink and shall be legible. A well pump installer's license
	 representative shall be designated in the application. The license
	 representative shall be responsible for all well pump installation and repair
	 work contracted for or authorized on behalf of the well pump installer. The
	 license representative's qualifications and experience shall be the basis for
	 documenting in the application the ability of the well pump installer to
	 properly install well pumps.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		46-2A-1,
		46-2A-13,
		46-6-9.3.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:01 - General rules › Section 74:02:01:43.05 - Requirements for all well pump installer license applications

Current through Register Vol. 51, page 10, July 15, 2024
All applications for a well pump installer license shall include the
	 following:
(1) The fee required by
  SDCL 46-6-9.3;
(2) The name and address of the well pump
  installer;
(3) The name of the well
  pump installer's license representative;
(4) A statement that the well pump
  installer's license representative is familiar with provisions of SDCL
  46-6-9.1 to
  46-6-9.5, inclusive, SDCL
  46-6-6 to
  46-6-21, inclusive, SDCL
  46-6-27,
  46-6-30, and
  46-6-31 and chapter 74:02:01 for
  well pump installer licensing;
(5)
  A reporting of continuing education activities during the previous year for all
  renewals.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		46-2A-1,
		46-2A-13,
		46-6-9.3.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:01 - General rules › Section 74:02:01:43.06 - Documentation of experience required for new license application

Current through Register Vol. 51, page 10, July 15, 2024
In addition to the requirements of §§
									74:02:01:43.04 and 74:02:01:43.05,
	 all applications for a new well pump installer license shall include
	 documentation by the license representative showing at least two years of
	 experience and qualifications in properly installing well
	 pumps.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		46-2A-1,
		46-2A-13,
		46-6-9.3.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:01 - General rules › Section 74:02:01:43.07 - Application requirements for renewal of a well pump installer license

Current through Register Vol. 51, page 10, July 15, 2024
In addition to the requirements of §§
									74:02:01:43.04 and 74:02:01:43.05,
	 all applications for renewal of a well pump installer license shall include
	 documentation of continuing education activities during the previous
	 year.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		46-2A-1,
		46-2A-13,
		46-6-9.3.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:01 - General rules › Section 74:02:01:43.08 - Deadline for renewal of license

Current through Register Vol. 51, page 10, July 15, 2024
An application to renew a well pump installer license must be
	 postmarked before February 1 of the license renewal year. Applications for a
	 license renewal postmarked after January 31 of the license renewal year shall
	 be rejected and the applicant shall be required to comply with the requirements
	 for new applications in §
									74:02:01:43.06.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		46-2A-1,
		46-2A-13,
		46-6-9.3.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:01 - General rules › Section 74:02:01:43.09 - New license representative

Current through Register Vol. 51, page 10, July 15, 2024
To designate a new license representative for an existing well pump
	 installer license, the new representative shall establish individual experience
	 and qualifications in accordance with §
									74:02:01:43.06.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		46-2A-1,
		46-2A-13,
		46-6-9.3.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:01 - General rules › Section 74:02:01:43.10 - Well pump installer license representative - Activity limitation

Current through Register Vol. 51, page 10, July 15, 2024
Action by the Water Management Board to revoke or suspend a well pump
	 installer license pursuant to SDCL
	 46-6-9.1 establishes that the
	 license representative may not serve as a license representative for any well
	 pump installer for a term set by the board.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		46-2A-1,
		46-2A-13,
		46-6-9.3.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:01 - General rules › Section 74:02:01:43.11 - Continuing education requirements

Current through Register Vol. 51, page 10, July 15, 2024
Well driller license representatives and water well pump installer
	 license representatives must successfully complete four hours of continuing
	 education activities annually. Continuing education hours shall be earned
	 between January 1 and December 31 of each year beginning January 1, 2003.
	 Continuing education hours in excess of four hours per year may be carried over
	 to the next calendar year.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		46-2A-1,
		46-2A-13,
		46-6-9.3.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:01 - General rules › Section 74:02:01:43.12 - Criteria for continuing education for well pump installer license

Current through Register Vol. 51, page 10, July 15, 2024
A continuing education activity must meet the criteria in items 1 to 5,
	 inclusive, for credit to be given:
(1)
  The activity must be related to wells and borings, groundwater contamination,
  health aspects of water quality, groundwater monitoring, hydrology, water
  systems and water treatment, or other subjects approved by the chief
  engineer;
(2) The activity must
  have a specific, written objective that describes expected outcomes for the
  participant;
(3) The activity must
  be presented by a person knowledgeable in the subject. The person's
  qualifications must be documented by either specialized training in the subject
  matter or work experience in the subject area;
(4) The activity must be at least one contact
  hour;
(5) The activity must
  document participation, including but not limited to earned credits and
  verification of attendance.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		46-2A-1,
		46-2A-13,
		46-6-9.3.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:01 - General rules › Section 74:02:01:44 - Applications for filing location notices for dams

Current through Register Vol. 51, page 10, July 15, 2024
The chief engineer shall furnish upon request forms to be used in
	 filing dry draw location notices as specified in SDCL
	 46-4-1 to
	 46-4-6, inclusive. For the
	 purposes of SDCL chapter 46-4, a dugout is considered a dam if it stores
	 surface water runoff.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		46-2-3.1,
		46-4-3,
		46-4-4.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:01 - General rules › Section 74:02:01:46 - Request to board for declaratory ruling - Petition contents

Current through Register Vol. 51, page 10, July 15, 2024
A person may request the water management board to issue a decision on
	 the applicability of a statutory provision, rule, or order pertaining to a
	 submitted factual situation within the board's jurisdiction by submitting a
	 petition containing the following information:
(1) The authority by which the petition is
  presented;
(2) The name of the
  person, agency, or groups submitting the petition;
(3) The requested action and reasons for the
  action; and
(4) The signature of
  the person or the authorization of the group or agency making the
  petition.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		1-26-15.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:01 - General rules › Section 74:02:01:47 - Timely consideration by board

Current through Register Vol. 51, page 10, July 15, 2024
The board shall schedule the petition for hearing no later than its
	 second regularly scheduled meeting unless all parties agree to postponement of
	 the hearing.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		1-26-15.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:01 - General rules › Section 74:02:01:48 - Petitioner to notify all affected persons

Current through Register Vol. 51, page 10, July 15, 2024
The petitioner shall serve a copy of the petition upon all known
	 persons whose pecuniary interests would be directly and immediately affected by
	 a declaratory ruling on the petition. Proof of such service shall be filed with
	 the board with the petition. All such parties shall be notified by the chief
	 engineer at least 15 days before the petition is scheduled to be heard. In
	 addition, the petitioner shall publish a notice of hearing describing the
	 contents of the petition pursuant to SDCL
	 46-2A-4(1) to
	 46-2A-4(10), as
	 applicable, and SDCL
	 1-26-17.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		1-26-15,
		1-26-17.1,
		46-2-5.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:01 - General rules › Section 74:02:01:49 - Declaratory rulings - Appeal

Current through Register Vol. 51, page 10, July 15, 2024
All declaratory rulings by the board are subject to the appeal
	 provisions in SDCL 1-26.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		1-26-15.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:01 - General rules › Section 74:02:01:50 - Outlet elevation - Inclusion in existing water rights or permits

Current through Register Vol. 51, page 10, July 15, 2024
When determining an ordinary high-water mark, the board may also set
	 the outlet elevation consistent with the existing water rights or permits. The
	 board may clarify or amend existing water rights or permits to include the
	 outlet elevation consistent with chapter 46-2 A.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		43-17-21,
		46-1-14,
		46-2-9,
		46-2-11.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:01 - General rules › Section 74:02:01:51 - Request to determine high or low water mark - Contents

Current through Register Vol. 51, page 10, July 15, 2024
Persons, as specified in SDCL
	 43-17-28, submitting a request to
	 determine an ordinary high or low water mark shall provide the following
	 information:
(1) The authority by
  which the request is presented;
(2)
  The name of the person, agency, or group submitting the request;
(3) The name and location of the
  lake;
(4) The requested action and
  reasons for the action; and
(5) The
  signature of the person or the authorization of the group or agency making the
  request.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		43-17-28,
		46-2-9,
		46-2-11.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:01 - General rules › Section 74:02:01:52 - Publication of the notice to determine high or low water mark

Current through Register Vol. 51, page 10, July 15, 2024
The publication of the notice to determine an ordinary high or low
	 water mark, in addition to the requirements of SDCL
	 43-17-24.1, shall conform as far
	 as practicable to the requirements of SDCL
	 46-2A-3 to
	 46-2A-6,
	 inclusive.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		43-17-24.1,
		46-2-9,
		46-2-11.