reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:13 - Local bridge improvement grant fund › Chapter 70:13:01 - Local bridge improvement grant requirements › Section 70:13:01:11 - Access and reporting

Current through Register Vol. 51, page 10, July 15, 2024
The LPA shall provide the department with access to the project and the LPA's records. The LPA shall provide information, documentation, and reports that the department requires to determine compliance with the conditions of the BIG and of this chapter.
General Authority:
SDCL  32-11-39.
Law Implemented:
SDCL  32-11-38,  32-11-39.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:13 - Local bridge improvement grant fund › Chapter 70:13:01 - Local bridge improvement grant requirements › Section 70:13:01:12 - BIG Default

Current through Register Vol. 51, page 10, July 15, 2024
The commission may determine an LPA to be in default under the BIG conditions or requirements. The department will notify an LPA at least ten calendar days prior to the commissions consideration of default by the LPA, and the LPA will be afforded an opportunity to address the commission. The commission may consider any of the following to be a default under the conditions or requirements of a BIG:
(1) If the LPA knowingly makes any material false statement or report ;
(2) Failure of the LPA to adhere to conditions of the BIG;
(3) Failure of the LPA to provide the department access to documents, reports, or other information required by this chapter;
(4) If funds are not used by the LPA for the project specified in the application; or
(5) Failure of the LPA to comply with the deadlines set under §
									70:13:01:10.
General Authority:
SDCL  32-11-39.
Law Implemented:
SDCL  32-11-38,  32-11-39.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:13 - Local bridge improvement grant fund › Chapter 70:13:01 - Local bridge improvement grant requirements › Section 70:13:01:13 - Remedies

Current through Register Vol. 51, page 10, July 15, 2024
If the commission determines a LPA is in default pursuant to §
									70:13:01:12, the department shall provide written notice of the default to the LPA. The LPA shall repay, within forty-five days of the default notice, all the BIG funds disbursed by the department.
General Authority:
SDCL  32-11-39.
Law Implemented:
SDCL  32-11-38,  32-11-39.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:14 - Highway Project Loans For Local Governments › Chapter 70:14:01 - Local government loan program › Section 70:14:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "Commission," the South Dakota Transportation Commission;
(2) "Department," the South Dakota Department of Transportation;
(3) "Highway," every way or place of whatever nature that is open to the public, as a matter of right, for purposes of vehicular travel, and that is under the jurisdiction of a municipality, county or township. The term "highway" includes a bridge as that term is defined in SDCL  31-14-1;
(4) "Loan," a loan from the state highway fund;
(5) "Local government," a municipality, township or county authorized by statute to exercise jurisdiction and control over the marking, construction, reconstruction, repair, and maintenance of a highway;
(6) "Project," the marking, constructing, reconstructing, repairing, or maintenance of a highway.
General Authority:
SDCL  31-5-8.
Law Implemented:
SDCL  31-5-8.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:14 - Highway Project Loans For Local Governments › Chapter 70:14:01 - Local government loan program › Section 70:14:01:02 - Eligibility

Current through Register Vol. 51, page 10, July 15, 2024
Any local government may apply for a loan pursuant to this chapter to fund a project for a highway under its jurisdiction and control.
The local government shall file the application with the department as required by §§
									70:14:01:03  and 70:14:01:04.
General Authority:
SDCL  31-5-8.
Law Implemented:
SDCL  31-5-8.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:14 - Highway Project Loans For Local Governments › Chapter 70:14:01 - Local government loan program › Section 70:14:01:03 - Application

Current through Register Vol. 51, page 10, July 15, 2024
Each application must be submitted on forms provided by the department and must be accompanied by a resolution from the governing body of the local government. The resolution must authorize the application and any funding or other commitments made by the local government.
General Authority:
SDCL  31-5-8.
Law Implemented:
SDCL  31-5-8.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:14 - Highway Project Loans For Local Governments › Chapter 70:14:01 - Local government loan program › Section 70:14:01:04 - Factors for award

Current through Register Vol. 51, page 10, July 15, 2024
In determining whether to award a loan, the commission shall consider the following factors:
(1) The availability of other funding for the proposed project;
(2) The likelihood the proposed project will foster and support economic development;
(3) Whether a highway emergency exists; and
(4) The ability of the local government to repay the loan on terms satisfactory to the commission.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:14 - Highway Project Loans For Local Governments › Chapter 70:14:01 - Local government loan program › Section 70:14:01:05 - Interest rate and repayment schedule

Current through Register Vol. 51, page 10, July 15, 2024
The commission shall set the interest rate and the repayment schedule for each loan.
General Authority:
SDCL  31-5-8.
Law Implemented:
SDCL  31-5-8.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:14 - Highway Project Loans For Local Governments › Chapter 70:14:01 - Local government loan program › Section 70:14:01:06 - Additional conditions

Current through Register Vol. 51, page 10, July 15, 2024
The commission may impose additional terms and conditions on the award and disbursement of any loan. The local government shall comply with all terms and conditions imposed by the commission.
General Authority:
SDCL  31-5-8.
Law Implemented:
SDCL  31-5-8.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:14 - Highway Project Loans For Local Governments › Chapter 70:14:01 - Local government loan program › Section 70:14:01:07 - Loan agreement

Current through Register Vol. 51, page 10, July 15, 2024
If awarded a loan, the local government shall enter into an agreement with the department concerning the terms and conditions of the loan.
General Authority:
SDCL  31-5-8.
Law Implemented:
SDCL  31-5-8.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:14 - Highway Project Loans For Local Governments › Chapter 70:14:01 - Local government loan program › Section 70:14:01:08 - Project plans

Current through Register Vol. 51, page 10, July 15, 2024
After execution of the loan agreement, the local government shall submit to the department a project cost estimate and project plans prepared by a professional engineer. The project plans must be stamped by the professional engineer. The professional engineer must be employed by a firm that has a current engineering retainer contract with the department. The local government will not proceed with letting a project for bids until authorized to do so by the department. Prior to authorizing the project for bid letting, the department may require the local government to make changes to the project plans.
General Authority:
SDCL  31-5-8.
Law Implemented:
SDCL  31-5-8.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:14 - Highway Project Loans For Local Governments › Chapter 70:14:01 - Local government loan program › Section 70:14:01:09 - Bid letting

Current through Register Vol. 51, page 10, July 15, 2024
The local government shall award a contract for the project within two years of the date of the commissions loan award.
General Authority:
SDCL  31-5-8.
Law Implemented:
SDCL  31-5-8.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:14 - Highway Project Loans For Local Governments › Chapter 70:14:01 - Local government loan program › Section 70:14:01:10 - Compliance

Current through Register Vol. 51, page 10, July 15, 2024
The department shall monitor compliance with the terms and conditions of the loan agreement and shall disburse loan funds in accordance with the agreement. The department shall perform other tasks necessary to expedite and assist the commission in the administration of each loan.
General Authority:
SDCL  31-5-8.
Law Implemented:
SDCL  31-5-8.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:14 - Highway Project Loans For Local Governments › Chapter 70:14:01 - Local government loan program › Section 70:14:01:11 - Loan disbursements

Current through Register Vol. 51, page 10, July 15, 2024
The local government shall submit loan disbursement requests based on detailed statements of project expenses incurred by the local government.
General Authority:
SDCL  31-5-8.
Law Implemented:
SDCL  31-5-8.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:14 - Highway Project Loans For Local Governments › Chapter 70:14:01 - Local government loan program › Section 70:14:01:12 - Access and reporting

Current through Register Vol. 51, page 10, July 15, 2024
The local government shall provide the department with access to the project and the local governments records relating to the project. The local government shall provide all information, documentation, and reports the department requires to determine compliance with the terms and conditions of the loan agreement and the requirements of this chapter.
General Authority:
SDCL  31-5-8.
Law Implemented:
SDCL  31-5-8.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:14 - Highway Project Loans For Local Governments › Chapter 70:14:01 - Local government loan program › Section 70:14:01:13 - Default

Current through Register Vol. 51, page 10, July 15, 2024
The commission may determine a local government to be in default if the local government fails to comply with the requirements of the loan agreement or this chapter. The department will notify a local government at least fifteen calendar days prior to the commission's consideration of default. The local government will be afforded an opportunity to address the commission.
If the commission determines a local government has defaulted on the loan, the department shall provide written notice of the default to the local government.
General Authority:
SDCL  31-5-8.
Law Implemented:
SDCL  31-5-8.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:15 - Automated vehicles › Chapter 70:15:01 - Platooning › Section 70:15:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "Crash," any vehicle accident that triggers an obligation to provide information or make a report to law enforcement pursuant to SDCL  32-34-3,  32-34-3.1,  32-34-4,  32-34-6 or  32-34-7;
(2) "Department," the South Dakota Department of Public Safety;
(3) Interstate highway system," all highways on the national system of interstate highways;
(4) "Motor carrier," any person, corporation, lessee, trustee, or receiver operating any motor vehicle, trailer, or semitrailer on any public highway in this state for the transportation of agricultural or commercial goods or merchandise;
(5) Permit-issuing authority," any highway patrol trooper, highway patrol supervisor, motor carrier inspector, or highway patrol district office personnel;
(6) "Permit vehicle," a vehicle operating under the authority of a permit issued under this chapter;
(7) "Platoon," or "platooning," two vehicles traveling in a unified manner at electronically coordinated speeds and distance intervals that are closer than otherwise allowed under §§32-26-40 to 32-26-42, inclusive;
(8) "Secretary," the Secretary of the South Dakota Department of Transportation;
(9) "Trip," a single directional movement of a permit vehicle from origin to destination; and
(10) "Vehicle," a motor vehicle with a gross vehicle weight rating of 26,000 pounds or more and operating without a trailer or with only a single trailer.
General Authority:
SDCL  32-26-50.
Law Implemented:
SDCL  32-26-50.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:15 - Automated vehicles › Chapter 70:15:01 - Platooning › Section 70:15:01:02 - Permit application

Current through Register Vol. 51, page 10, July 15, 2024
Permit application. A permit is required to test or operate platoons. Applications for authorization to test or operate platoons must be submitted to the department on a form and in a manner approved by the department.
General Authority:
SDCL  32-26-50.
Law Implemented:
SDCL  32-26-50.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:15 - Automated vehicles › Chapter 70:15:01 - Platooning › Section 70:15:01:03 - Permit issuance

Current through Register Vol. 51, page 10, July 15, 2024
Permit issuance. A permit-issuing authority may issue an annual permit authorizing the testing and operation of platooning for a fleet of vehicles operated by a single motor carrier. Permit issuance is at the discretion of the issuing authority, and an application for a permit does not assure permit approval. In exercising its discretion, the permit-issuing authority shall be guided by the rules in this chapter.
General Authority:
SDCL  32-26-50.
Law Implemented:
SDCL  32-26-50.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:15 - Automated vehicles › Chapter 70:15:01 - Platooning › Section 70:15:01:04 - Permit fee

Current through Register Vol. 51, page 10, July 15, 2024
Permit fee. A permit fee of $60 must be paid to the department with the application. If the permit is denied, the department shall refund the fee. The department shall deposit fees in the state highway fund.
General Authority:
SDCL  32-26-50.
Law Implemented:
SDCL  32-26-50.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:15 - Automated vehicles › Chapter 70:15:01 - Platooning › Section 70:15:01:05 - Permit exemptions

Current through Register Vol. 51, page 10, July 15, 2024
Permit exemptions. No permit is required for platooning of vehicles by employees, officials or personnel of the federal government, of any state government, or of any political subdivision of this state.
General Authority:
SDCL  32-26-50.
Law Implemented:
SDCL  32-26-50.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:15 - Automated vehicles › Chapter 70:15:01 - Platooning › Section 70:15:01:06 - Reporting requirements

Current through Register Vol. 51, page 10, July 15, 2024
Reporting requirements. For the duration of each permit period, platooning permit holders shall keep records of the following information for each permit vehicle:
(1) Number of platooning miles traveled;
(2) Number of trips where platooning occurred for all or part of the trip;
(3) Routes where platooning occurred; and
(4) A copy of any crash report generated by law enforcement. Within 15 days of a written request from the department, permit holders shall submit such information to the department in the format and manner requested by the department.
General Authority:
SDCL  32-26-50.
Law Implemented:
SDCL  32-26-50.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:15 - Automated vehicles › Chapter 70:15:01 - Platooning › Section 70:15:01:07 - Authorized routes

Current through Register Vol. 51, page 10, July 15, 2024
Authorized routes. Platooning is permitted on the interstate highway system only. From the Thursday preceding the first full weekend in August to the Sunday of the second full weekend in August, inclusive, each year, platooning is prohibited on the portion of Interstate Highway 90 beginning at milepost 0 and ending at milepost 67.
General Authority:
SDCL  32-26-50.
Law Implemented:
SDCL  32-26-50.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:15 - Automated vehicles › Chapter 70:15:01 - Platooning › Section 70:15:01:08 - Limitations due to visibility, weather, traffic and road conditions

Current through Register Vol. 51, page 10, July 15, 2024
Limitations due to visibility, weather, traffic and road conditions. A platooning permit is not valid when visibility is reduced to one-half mile or less by weather, dust, or smoke. A platooning permit is not valid when the road surface is slippery because of snow, ice, slush, or frost. Law enforcement officers may further restrict or prohibit platooning under any permit during periods when, in their judgment, weather, traffic or road conditions make platooning unsafe.
General Authority:
SDCL  32-26-50.
Law Implemented:
SDCL  32-26-50.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:15 - Automated vehicles › Chapter 70:15:01 - Platooning › Section 70:15:01:09 - Limitations in highway work zones

Current through Register Vol. 51, page 10, July 15, 2024
Platooning is not allowed in any highway work zone posted for restricted use pursuant to §31-4-14.2 or limited speed pursuant to §32-25-19.1.
General Authority:
SDCL  32-26-50.
Law Implemented:
SDCL  32-26-50.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:15 - Automated vehicles › Chapter 70:15:01 - Platooning › Section 70:15:01:10 - Proof of permit required

Current through Register Vol. 51, page 10, July 15, 2024
Proof of permit required. The driver of the permit vehicle shall provide written evidence of the permit to any law enforcement officer when the officer requests it. A legible and complete paper or electronic copy is considered written evidence of a permit.
General Authority:
SDCL  32-26-50.
Law Implemented:
SDCL  32-26-50.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:15 - Automated vehicles › Chapter 70:15:01 - Platooning › Section 70:15:01:11 - Suspension of operations

Current through Register Vol. 51, page 10, July 15, 2024
Suspension of operations. A law enforcement officer may prohibit a vehicle from platooning under a permit for any of the following reasons:
(1) A violation of any requirement, condition or limitation contained in this chapter;
(2) Platooning with equipment deficiencies that render the vehicle out-of-service pursuant to the enforcement criteria adopted in §
									61:23:01:04; or
(3) Failure to lawfully operate the permit vehicle during platooning.
General Authority:
SDCL  32-26-50.
Law Implemented:
SDCL  32-26-50.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:15 - Automated vehicles › Chapter 70:15:01 - Platooning › Section 70:15:01:12 - Permit revocation

Current through Register Vol. 51, page 10, July 15, 2024
The department may revoke a permit for multiple violations of one or more of the grounds for suspension set out in 70:15:01:11.
General Authority:
SDCL  32-26-50.
Law Implemented:
SDCL  32-26-50.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:15 - Automated vehicles › Chapter 70:15:01 - Platooning › Section 70:15:01:13 - Appeals

Current through Register Vol. 51, page 10, July 15, 2024
Any person aggrieved by the denial, suspension, or revocation of a permit may appeal in writing to the Secretary within 10 business days after the denial, suspension or revocation. The written notice of appeal shall contain the name and address of the appellant, a copy of the denied application or the suspended or revoked permit, and the grounds for the appeal. The Secretary shall set a time and place for hearing the appeal. The hearing may not be later than 60 days after the filing of the appeal. The notice of the time and place of the hearing shall be sent by first-class mail to the appellant at least 10 days prior to the date set for hearing. The hearing shall be conducted in accordance with the provisions of SDCL chapter 1-26.
General Authority:
SDCL  32-26-50.
Law Implemented:
SDCL  32-26-50.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:01 - General administration, Transferred to 74:25

Current through Register Vol. 51, page 10, July 15, 2024
Code Commission Note:
SL 1979, ch 354, abolished the
		secretary and department of environmental protection and transferred his and
		its functions to the secretary and department of water and natural resources
		and to the secretary and department of health.
SL 1981, ch 374, § 25, transferred the administration of SDCL
		34A-1, 34A-6, and 34-21 from the secretary and department of health and the
		division of environmental health to the secretary and department of water and
		natural resources.
To implement these transfers of authority, the code commission
		transferred the rules adopted as chapter 34:01:01 to chapters 44:08:01 and
		74:01:01 effective July 1, 1979, and transferred chapters 44:08:01 and 74:01:01
		to 74:25:01 effective July 1, 1981. The rules transferred to chapter 74:01:01
		were not published until after the transfer to chapter
		74:25:01.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:01 - General rules › Section 74:02:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms defined in SDCL
	 43-17-20,
	 46-1-6,
	 46-1-9, and
	 46-6-1 have the same meaning when
	 used in this article. In addition, terms used in this article mean:
(1) "Commercial use," water use supplied from
  other than a common water distribution system to a business such as a
  truckstop; tourist attraction; eating, drinking, or lodging establishment;
  commercial campground; convenience store; implement business; salvage business;
  or any other business or to a livestock confinement operation that exceeds
  reasonable domestic use;
(2)
  "Contact hour," a minimum of 50 minutes of lecture, demonstration, workshop, or
  training excluding coffee breaks, registration, meals, or social
  activities;
(3) "Dam," as used in
  chapter 74:02:01, an artificial barrier, including appurtenant works, which
  impounds or diverts water;
(4)
  "Dugout," a man-made excavation below the ground surface that is used for
  storing water;
(5) "Irrigation,"
  the artificial application of water for the purpose of supplying sufficient
  moisture for plant growth. Disposal of contaminated water is not considered to
  be irrigation unless other water is used along with the contaminated
  water;
(6) "Livestock," domestic
  and other farm or ranch animals;
(7) "Reasonable domestic use," the use of
  25,920 gallons of water per day or less as necessary for domestic purposes,
  with a maximum pumping rate of 25 gallons per minute;
(8) "Stock watering," watering of
  livestock.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		46-1-2,
		46-1-6(3),
		46-1-6(7),
		46-1-6(13),
		46-5-8.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:01 - General rules › Section 74:02:01:01.01 - Public recreation areas defined

Current through Register Vol. 51, page 10, July 15, 2024
"Public recreation areas," as used in SDCL
	 46-1-6(7), means
	 campgrounds, parks, roadside rest areas, and other publicly owned recreation
	 areas that are open to the public and golf courses that are open to the
	 public.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		46-1-6(7).
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:01 - General rules › Section 74:02:01:01.02 - Confinement operation defined

Current through Register Vol. 51, page 10, July 15, 2024
"Confinement operation," as used in SDCL
	 46-1-6(7) and
	 this chapter, means any housing of livestock within a building, feedlot, pen or
	 barnyard.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		46-1-6(7).
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:01 - General rules › Section 74:02:01:02 - Water management board - Annual meeting - Quorum

Current through Register Vol. 51, page 10, July 15, 2024
Annual meetings of the board for the election of officers for the
	 ensuing year and the transaction of other business shall be held at the first
	 regular meeting of each fiscal year. Four members of the board shall constitute
	 a quorum for conducting business.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		1-40-17 to
		1-40-19,
		46-2-9,
		46-4-8.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:01 - General rules › Section 74:02:01:03 - Uses of water which require a permit

Current through Register Vol. 51, page 10, July 15, 2024
A water permit or right is required for all beneficial uses of water
	 except for:
(1) Validated vested right
  claims;
(2) Water distribution
  systems diverting 18 gallons per minute or less;
(3) Domestic uses not exceeding reasonable
  domestic use; and
(4) Livestock
  uses within a confinement operation not exceeding reasonable domestic use or
  stock watering outside of a confinement operation.
A privately-owned water system supplying multiple domestic uses as
	 defined by SDCL
	 46-1-6(7)
	 requires a water permit or right if the combined water usage exceeds reasonable
	 domestic use.
A water permit is not required to construct a dam or dugout on either a
	 dry draw as defined by SDCL
	 46-1-6(8) or a
	 nonnavigable watercourse if the dam or dugout stores 25 acre-feet or less of
	 water. Diversion of water from any dam or dugout requires a water permit or
	 right unless exempted from permitting by this section.
A water permit is required to construct a dam across a navigable
	 watercourse for any purpose. A water permit is required to construct a dam or
	 dugout on either a dry draw or nonnavigable watercourse if the dam or dugout
	 stores more than 25 acre-feet of water.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		46-1-5,
		46-1-6(3),
		46-1-6(7),
		46-1-6(13),
		46-2-9,
		46-2-11,
		46-4-1,
		46-4-1.1,
		46-5-1,
		46-5-1.1,
		46-5-2,
		46-5-3,
		46-5-8,
		46-5-9,
		46-5-10.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:01 - General rules › Section 74:02:01:03.01 - Adding connections to a water distribution system

Current through Register Vol. 51, page 10, July 15, 2024
The addition of connections to a water distribution system does not
	 require an application for a water permit if there is no increase in the
	 authorized and developed diversion rate and the connections are within or
	 contiguous to the service area of the system. A new water permit is required to
	 connect a separate water distribution system, located within or outside of the
	 system area, to the water distribution system.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		46-1-6(17),
		46-5-8.2,
		46-5-9,
		46-5-10.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:01 - General rules › Section 74:02:01:05 - Criteria for establishing Missouri River irrigation rates

Current through Register Vol. 51, page 10, July 15, 2024
When appropriating Missouri River water for irrigation, the amount
	 shall be one cubic foot per second for each 70 acres; however, the board may
	 approve additional amounts to make up for anticipated losses from evaporation,
	 seepage, and other delivery system losses.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		46-5-6,
		46-5-6.1.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:01 - General rules › Section 74:02:01:05.01 - Volume of Missouri River water applied to the land

Current through Register Vol. 51, page 10, July 15, 2024
The amount of Missouri River water applied to the land shall be limited
	 to two acre feet per acre annually at the point of field application. However,
	 if the applicant presents data showing that the type of irrigation system to be
	 used or the soil conditions warrant additional water, the board may allow up to
	 three acre feet annually.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		46-5-6,
		46-5-6.1.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:01 - General rules › Section 74:02:01:05.02 - Registration of domestic well

Current through Register Vol. 51, page 10, July 15, 2024
The form for registering a domestic well shall be furnished by the
	 chief engineer upon request. The completed form must include the name of the
	 well owner and must be legible. The required fee, a water quality analysis, and
	 a well driller's report of the well construction must be submitted with the
	 form to the chief engineer. Registration is limited to those wells that have
	 been constructed in compliance with the adequate well requirements of chapter
	 74:02:04.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		46-2-3.1,
		46-5-8.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:01 - General rules › Section 74:02:01:05.03 - Volume of water for nonirrigation water permit or right or nonirrigation vested right

Current through Register Vol. 51, page 10, July 15, 2024
The total annual volume of water withdrawn for a nonirrigation water
	 permit or right or a nonirrigation vested right is limited only by the
	 authorized and developed diversion rate and not by the actual volume of water
	 withdrawn annually. However, the board may limit the annual volume by
	 qualification of the water permit or right or the vested right. If the owner
	 diverts less than the authorized diversion rate for a period of three years,
	 the chief engineer may reduce the authorized diversion rate to the lower
	 diversion rate.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		46-1-14,
		46-2-9,
		46-2-11,
		46-5-13.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:01 - General rules › Section 74:02:01:06 - Application for water permit furnished by chief engineer - Method of completion - Fee required

Current through Register Vol. 51, page 10, July 15, 2024
An application for a water permit and instruction sheet shall be
	 furnished by the chief engineer upon request. The completed application
	 submitted to the chief engineer must be legible and include the name of the
	 applicant or applicant's legal agent. Supplements may be attached if there is
	 not sufficient space on the forms. The applicant may confer with the chief
	 engineer on questions concerning preparation of the application. The fee
	 required by SDCL
	 46-2-13 must be submitted with the
	 application unless the applicant is a governmental entity. Fees from
	 governmental entities may be submitted after an application, but must be
	 submitted prior to issuance of the permit.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		46-2-13,
		46-5-10,
		46-5-11,
		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 74:02:01:07 - Map required with water permit application

Current through Register Vol. 51, page 10, July 15, 2024
In addition to the requirements of §
									74:02:01:06, a map shall be
	 submitted as part of the application. The map shall clearly show the location
	 of the diversion point or points and, in the case of irrigation, outline the
	 lands to be irrigated. To more fully and clearly outline the content of an
	 application, an adequate map may also be required to include the following at
	 the chief engineer's discretion:
(1)
  Not be smaller than 8 by 11 inches or larger than 24 by 35 inches;
(2) Show the location of the diversion point
  in relation, by direction and distance, to a corner of a government surveyed
  section or quarter-section. The diversion point is the place where water is
  taken from a stream, well, pond, or other water supply;
(3) For a proposed water diversion from a
  stream, show the stream location and name;
(4) For a proposed water diversion from a
  reservoir, show the water line at the outlet elevation and at maximum pool, the
  lands inundated and their owners, and the capacity of the reservoir at the
  outlet elevation;
(5) Provide the
  names of the landowners associated with the location of the diversion point or
  points and any land to be irrigated; and
(6) Have the section, township, and range or
  the subdivision, block, and lot properly notated so that the legal description
  for all land shown on the map can be clearly ascertained.
General Authority:
SDCL
		46-2-5,
		46-5-11.
Law Implemented:
SDCL
		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 74:02:01:08 - Supplemental forms required when system includes wells, dugouts, or water storage dams

Current through Register Vol. 51, page 10, July 15, 2024
In addition to the requirements of §
									74:02:01:06, when the proposed
	 water use system includes wells, dugouts, or water storage dams, supplemental
	 information on the depth and character of the groundwater, amount of storage
	 and other pertinent data shall accompany the application for a water permit.
	 Forms for reporting the necessary supplemental information will be supplied by
	 the chief engineer upon request.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		46-2-3.1,
		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 74:02:01:08.01 - Driller's log required

Current through Register Vol. 51, page 10, July 15, 2024
If diversion is to be from a well, a log of the well or test hole shall
	 be completed by a licensed well driller pursuant to §
									74:02:04:65 and submitted with the
	 application. If it is not practical to drill test holes for a well or if
	 existing geologic information is available as determined by the chief engineer,
	 an estimate of the depth of the well must accompany the application. An "as
	 built" driller's report of well construction shall be sent to the chief
	 engineer within 30 days after completion of the well.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		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 74:02:01:10 - Numbering of applications

Current through Register Vol. 51, page 10, July 15, 2024
Before the publication notice is prepared, an application received by
	 the chief engineer shall be assigned a number which will be used in all
	 official correspondence.
General Authority:
SDCL
		46-2-5,
		46-5-11.
Law Implemented:
SDCL
		46-2-3.1,
		46-2A-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 74:02:01:12.01 - Additional information for water permit application hearing

Current through Register Vol. 51, page 10, July 15, 2024
If a mining permit, discharge permit, or any other permit is required
	 in addition to a water permit, pertinent information including conceptual
	 design parameters relevant to the water permit and required for the other
	 permits, must be available for the water permit application hearing if required
	 by the board or chief engineer.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		46-2-11,
		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 74:02:01:12.02 - Waiver of right to receive notice and other materials

Current through Register Vol. 51, page 10, July 15, 2024
Any person filing a petition to participate in a hearing before the
	 board who does not attend the hearing waives the right to receive further
	 notices and other materials pertaining to the hearing, unless the petitioner
	 makes a written request to the chief engineer to receive further notices and
	 other materials.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		1-26-18,
		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 74:02:01:12.03 - Delegation of authority to chief engineer to issue uncontested permits

Current through Register Vol. 51, page 10, July 15, 2024
If no petition in opposition is filed pursuant to §
	 74:02:01:12.04, the chief engineer may issue permits on behalf of the board
	 pursuant to SDCL
	 46-1-16,
	 46-2-3.1,
	 46-2A-23, and
	 46-5-6.11. A permit may be issued
	 no sooner than 15 days after the publication required by SDCL
	 46-2A-4. Petitions filed in
	 support of an application will not result in a hearing before the board;
	 however, the petitioner must receive notice if a hearing is held before the
	 board.
General Authority:
SDCL
		46-1-16,
		46-2-3.1,
		46-2-5.
Law Implemented:
SDCL
		46-1-14,
		46-1-16,
		46-2-3.1,
		46-2-9,
		46-2-11,
		46-2-17,
		46-2A-4,
		46-2A-23,
		46-5-6.11,
		46-6-26.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:01 - General rules › Section 74:02:01:12.04 - Deadline to file petitions

Current through Register Vol. 51, page 10, July 15, 2024
Petitions filed pursuant to SDCL
	 46-2A-4(4) or
	 46-2A-23 to oppose or support an
	 application must be served by first class mail or personally delivered to the
	 chief engineer's office and the applicant. Mail must be postmarked or personal
	 delivery must occur at least 10 days before the published date of hearing
	 pursuant to SDCL
	 46-2A-4 or within 10 days after
	 the published notice pursuant to SDCL
	 46-2A-23. If the tenth day is a
	 Saturday, Sunday, or legal holiday, petitions must be postmarked or personally
	 delivered to the chief engineer's office and the applicant by the next working
	 day.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		46-2A-4,
		46-2A-23.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:01 - General rules › Section 74:02:01:12.05 - Procedure to contest chief engineer's recommendation

Current through Register Vol. 51, page 10, July 15, 2024
If the applicant for a permit contests the chief engineer's
	 recommendation, the applicant must file a petition in accordance with SDCL
	 46-2A-4 to
	 46-2A-6, inclusive, 46-2A-23, and
	 § 74:02:01:12.04.
General Authority:
SDCL
		46-1-16,
		46-2-3.1,
		46-2-5.
Law Implemented:
SDCL
		46-1-16,
		46-2A-4,
		46-2A-23,
		46-5-6.11.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:01 - General rules › Section 74:02:01:12.06 - Published date of hearing

Current through Register Vol. 51, page 10, July 15, 2024
For purposes of allowing the chief engineer to issue permits pursuant
	 to SDCL 46-1-16 and
	 46-5-6.11 and to meet publication
	 requirements, any day that is not a Saturday, Sunday, or legal holiday may be
	 designated by the secretary of the Department of Environment and Natural
	 Resources as a board meeting date. The published date of hearing for
	 applications must be at least 20 days after the publication of the notice. The
	 published notice must include a statement that the hearing may be rescheduled
	 if a petition opposing the application is received or the chief engineer's
	 recommendation is contested.
General Authority:
SDCL
		46-1-16,
		46-2-3.1,
		46-2-5.
Law Implemented:
SDCL
		1-40-18,
		46-1-16,
		46-2A-4,
		46-2A-5,
		46-5-6.11.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:01 - General rules › Section 74:02:01:13.01 - Submission of proposed findings of fact, conclusions of law, and final decision - Comments

Current through Register Vol. 51, page 10, July 15, 2024
The board may, in its discretion, direct either its attorney or the
	 prevailing party to propose findings of fact, conclusions of law, and a final
	 decision for its consideration. Unless otherwise directed by the board, the
	 proposal shall be mailed to the board members and to the parties not less than
	 20 days before the next regularly scheduled board meeting. Objections to the
	 proposal and alternative proposals may be submitted in writing and shall be
	 mailed to the board members and the parties not less than 10 days before the
	 meeting, unless otherwise directed.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		46-2A-7.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:01 - General rules › Section 74:02:01:13.02 - Signing of findings of fact, conclusions of law, and final decision - Valid permit

Current through Register Vol. 51, page 10, July 15, 2024
The permit is valid from the date findings of fact, conclusions of law,
	 and a final decision are signed by the chairman, if required by the board, or
	 the date the permit is signed by the chief engineer, whichever is
	 sooner.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		46-2A-7.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:01 - General rules › Section 74:02:01:14 - Approved applications to contain qualifications - Authority to proceed with construction

Current through Register Vol. 51, page 10, July 15, 2024
Approved applications must contain all qualifications passed by the
	 board, contain a statement indicating the priority date and the time limits
	 within which construction must be completed and the water put to beneficial
	 use, and be signed by the chief engineer. A copy of the permit shall be sent to
	 the applicant. The permit constitutes authority for the applicant to proceed
	 with the construction of the works and to apply the water to beneficial use as
	 specified in the permit.
General Authority:
SDCL
		46-2-5,
		46-5-11.
Law Implemented:
SDCL
		46-2A-7,
		46-2A-9,
		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 74:02:01:14.01 - Amendment of permits, rights, or vested rights

Current through Register Vol. 51, page 10, July 15, 2024
The chief engineer may require that a proposed amendment to a water
	 permit, right, or vested right follow the applicable requirements of
	 §§
									74:02:01:06 to
	 74:02:01:08.01, inclusive.
	 Following review of the submitted information, the chief engineer may find that
	 no application or publication is needed if the type of proposed amendment is in
	 accordance with SDCL
	 46-5-13.1,
	 46-5-30.5, or
	 46-5-31.1.
If the chief engineer makes a finding pursuant to SDCL
	 46-5-13.1 that a proposed
	 diversion point location change or adding diversion points does not increase
	 the potential for interference with existing diversions, the finding
	 constitutes an additional finding that the proposed change will not increase
	 the potential for adverse effects to existing water permits, rights, or vested
	 rights.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		46-1-14,
		46-2A-1,
		46-5-11,
		46-5-13,
		46-5-13.1,
		46-5-24,
		46-5-25,
		46-5-30.4,
		46-5-30.5,
		46-5-31,
		46-5-31.1,
		46-5-34,
		46-5-34.1,
		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 74:02:01:14.02 - Mandatory requirement to submit irrigation water use report - Exception

Current through Register Vol. 51, page 10, July 15, 2024
Except for owners of water spreading systems, all irrigation permit or
	 right owners or their authorized agents shall report annually to the chief
	 engineer the amount of water used for irrigation. The chief engineer shall
	 provide a form for reporting water use.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		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 74:02:01:15 - Procedure for rejection of applications

Current through Register Vol. 51, page 10, July 15, 2024
If the board votes to reject an application for a water permit, the
	 applicant shall be notified and an explanation or the reasons shall be given.
	 The applicant shall be informed of the right to appeal the board's action as
	 provided in SDCL 1-26.
General Authority:
SDCL
		46-2-5,
		46-5-11.
Law Implemented:
SDCL
		1-26-30,
		1-26-30.2,
		46-2A-7,
		46-6-3,
		46-6-3.1.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:01 - General rules › Section 74:02:01:15.02 - Applications to appropriate water in excess of 10,000 acre feet annually

Current through Register Vol. 51, page 10, July 15, 2024
Applications to appropriate water in excess of 10,000 acre feet
	 annually shall be submitted to the board by following the procedures in §
									74:02:01:15.03, prior to
	 submission of the application by the board to the Legislature for approval.
	 This rule applies to applications to appropriate water as required by SDCL
	 46-1-15,
	 46-5-9,
	 46-5-10, and to applications for
	 appropriation of water for future use as provided in SDCL
	 46-5-38.
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 74:02:01:15.03 - Procedures for applications to appropriate water in excess of 10,000 acre feet annually

Current through Register Vol. 51, page 10, July 15, 2024
Applications to appropriate water in excess of 10,000 acre feet
	 annually shall be made upon application forms furnished by the chief engineer.
	 As far as practical, such applications shall conform to the procedures
	 contained in SDCL
	 46-5-10 to
	 46-5-21.1,
	 inclusive.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		46-2-3.1,
		46-5-11,
		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 74:02:01:15.04 - Board action on applications to appropriate water in excess of 10,000 acre feet annually

Current through Register Vol. 51, page 10, July 15, 2024
The board, after a hearing on an application to appropriate water in
	 excess of 10,000 acre feet annually, by majority vote, shall submit the
	 application and a summary of the hearing testimony, with or without
	 recommendation, to the Legislature for approval.
General Authority:
SDCL
		46-2-5.
Law Implemented:
SDCL
		46-5-20.1.