Title 46 - WATER RIGHTS
- Chapter 01 - Definitions And General Provisions
- Section 46-1-1 - Use of water of state--Paramount interest of people--Conversion to public use.
- Section 46-1-10 - Vested rights acquired before July 1, 1955, validated.
- Section 46-1-11 - Violations of water use laws as misdemeanors--Civil fine in addition--Each day as separateviolation--Exemption of board and commission actions.
- Section 46-1-12 - Suspension or cancellation of permit or license.
- Section 46-1-13 - Grant of water right for use outside state.
- Section 46-1-14 - Terms and conditions of permits and licenses--Amendment.
- Section 46-1-15 - Permit required for appropriation of waters.
- Section 46-1-2 - Development of water resources for public benefit.
- Section 46-1-3 - Water as property of people--Appropriation of right to use.
- Section 46-1-4 - Beneficial use of water resources--Prevention of waste--Right to water from natural streamor watercourse.
- Section 46-1-5 - Domestic use of water takes precedence over appropriative rights--Governmental use.
- Section 46-1-6 - Definition of terms.
- Section 46-1-7 - Standards of measurement--Flow of water--Volume of water--Miner's inch.
- Section 46-1-8 - Beneficial use--Measure and limit of right to use of waters.
- Section 46-1-9 - Vested rights defined.
- Chapter 02 - Water Management Board And Chief Engineer
- Section 46-2-1.2 - Repealed.
- Section 46-2-10 - Repealed.
- Section 46-2-11 - Regulatory authority of board.
- Section 46-2-12 - Repealed.
- Section 46-2-13 - Fees of department--Payment to state treasury to environment and naturalresources fee fund.
- Section 46-2-14 - Experimental and observation stations.
- Section 46-2-17 - Chief engineer's general enforcement authority.
- Section 46-2-18 - Chief engineer's authority to order discontinuance of harmful illegal water use.
- Section 46-2-19 - Chief engineer's authority to enter property.
- Section 46-2-2 - Superseded.
- Section 46-2-20 - Cooperation with United States agencies.
- Section 46-2-21 - County appropriations for geologic or groundwater studies.
- Section 46-2-22 - Enforcement dry-draw dam domestic use limitations restricted.
- Section 46-2-3 - Chief engineer--Employment--Advice to board.
- Section 46-2-3.1 - Delegation of authority to chief engineer--Restrictions.
- Section 46-2-4 - Attorneys to advise board--Employment of other counsel.
- Section 46-2-4.1 - Attorneys to advise chief engineer.
- Section 46-2-5 - Rules to establish procedures and practices of board.
- Section 46-2-7.1 - Minutes and records of board actions.
- Section 46-2-8 - Repealed.
- Section 46-2-9 - Powers, functions, and duties of board.
- Sections 46-2-1, 46-2-1.1 - Superseded
- Sections 46-2-15, 46-2-16 - Repealed
- Sections 46-2-6, 46-2-7 - Repealed
- Chapter 02A - Administrative Procedure For Appropriation Of Water
- Section 46-2A-1 - Application of provisions of chapter.
- Section 46-2A-10 - Reservation for future use--When approval allowed.
- Section 46-2A-11 - Flood control works--When permit may be issued.
- Section 46-2A-12 - Amendment of permit or license--When granted.
- Section 46-2A-13 - Well driller or well pump installer license--Issuance by chief engineer--Procedure on denialor deferral of decision.
- Section 46-2A-14 - Application and permit refer to one water use system--Location to be stated.
- Section 46-2A-15 - Date of receipt of application recorded--Correction of application.
- Section 46-2A-16 - Validation of vested water right claim--Notice.
- Section 46-2A-17 - Hearing to oppose validation--Notice.
- Section 46-2A-18 - Abandonment of validated vested right.
- Section 46-2A-19 - Adjustment and validation of certain interstate water right claims.
- Section 46-2A-2 - Recommendation of chief engineer on application--Schedule of hearing.
- Section 46-2A-20 - Term limitation on water withdrawal from Madison formation in certain counties.
- Section 46-2A-21 - Deletion of term limitation under certain conditions--Cancellation or amendment of permit.
- Section 46-2A-22 - Correction of errors in published notice of vested right claims--Contents--Hearing only onfiling of petition.
- Section 46-2A-3 - Recommendation of chief engineer on application--Mailing to applicant--Duties ofapplicant.
- Section 46-2A-4 - Publication of application and recommendation of chief engineer--Time for publication andcontents of notice.
- Section 46-2A-5 - Postponement of hearing on application--Time for notice.
- Section 46-2A-6 - Service and filing of pleadings, petitions, and motions.
- Section 46-2A-7 - Approval or disapproval of permit, license, or amendment.
- Section 46-2A-8 - Time for completion of construction and use of water--Application for lesser amount ofwater or variance in periods of use.
- Section 46-2A-8.1 - Reinstatement of permit after expiration of time for construction--Application--Priority.
- Section 46-2A-9 - Appropriation of water--When permit may be issued.
- Chapter 03 - Survey And Investigation Of Water Resources [Repealed]
- Chapter 03A - Weather Modification Activities
- Section 46-3A-1 - Definition of terms.
- Section 46-3A-10 - Cooperation with federal government and other states.
- Section 46-3A-11 - Utilization of technical resources of schools.
- Section 46-3A-12 - Contracts and agreements of department--Acceptance of funds.
- Section 46-3A-13 - Cooperation with counties--County participation.
- Section 46-3A-14 - Submission to voters of question whether county should participate in program.
- Section 46-3A-15 - License and permit required to engage in weather modification--Violation ofterms as misdemeanor.
- Section 46-3A-16 - Exemption of experimental and emergency activities.
- Section 46-3A-17 - Issuance of license to competent applicant--Competence of organization--Application fee.
- Section 46-3A-18 - Fee required on issuance or renewal of license--Disposition.
- Section 46-3A-19 - Expiration of licenses.
- Section 46-3A-2 - Sovereign right claimed by state.
- Section 46-3A-20 - Issuance of renewal license.
- Section 46-3A-21 - Permits issued to licensees--Fee--Publication of notice of intention--Financialresponsibility.
- Section 46-3A-22 - Means of proving financial responsibility.
- Section 46-3A-23 - Public hearing required before permit issued--Place of hearing.
- Section 46-3A-24 - Finding of public interest required.
- Section 46-3A-25 - Permit fee--Disposition.
- Section 46-3A-26 - Permit required for each operation--Maximum duration of permit.
- Section 46-3A-27 - Suspension, revocation, or refusal to renew license or permit.
- Section 46-3A-28 - Modification of permit--Notice and hearing.
- Section 46-3A-29 - Rules governing weather modification establishing procedures of board.
- Section 46-3A-3 - Policy and purpose of regulation.
- Section 46-3A-30 - Administration by department--Powers retained by Water Management Board.
- Section 46-3A-4 - Superseded.
- Section 46-3A-4.1 - Commission abolished--Performance of functions.
- Section 46-3A-5 - Direction and supervision by Department of Environment and NaturalResources--Independent functions of Water Management Board.
- Section 46-3A-8 - Appointment of organization to evaluate effect of operations--Employment ofpersonnel.
- Section 46-3A-9 - Operations and research activities.
- Sections 46-3A-6, 46-3A-7 - Superseded
- Chapter 04 - Dry-Draw And Nonnavigable Stream Dams
- Section 46-4-1 - Dry-draw on agricultural lands--Right to construct dam--Right or permit for dam onstream or dry-draw subject to prior appropriation.
- Section 46-4-1.1 - Nonnavigable stream--Right to construct and maintain dam.
- Section 46-4-2 - Upper users priority for domestic use--Exception--Contest resolution--Appeal.
- Section 46-4-3 - Location notice required--Filing.
- Section 46-4-4 - Location notice--Contents--Verification.
- Section 46-4-5 - Vested right to water from dry-draw.
- Section 46-4-6 - Time for construction and completion of dam.
- Chapter 05 - Appropriation Of Water
- Section 46-5-1 - Natural flow of stream or spring--Restrictions on riparian use.
- Section 46-5-1.1 - Obstruction of navigable watercourse or interference with stage, level, orflow of public waters prohibited--Contests resolved by Water ManagementBoard.
- Section 46-5-1.2 - Removal of obstructions built by beavers if lands flooded or water rightsimpaired.
- Section 46-5-10 - Appropriation of water--Application for permit required.
- Section 46-5-11 - Application--Information required.
- Section 46-5-12 - Repealed.
- Section 46-5-13 - Diversion rate and amount allowed by permit.
- Section 46-5-13.1 - Change of location of diversion point.
- Section 46-5-14 - Water which may be reclaimed.
- Section 46-5-15 - Water diverted for municipal use--Issuance of permit--Contest and appeal.
- Section 46-5-16 - Repealed.
- Section 46-5-2 - Nonnavigable stream--Right to construct and maintain dam.
- Section 46-5-20 - Repealed.
- Section 46-5-20.1 - Legislative approval required for large-scale appropriation--Eminent domainpowers denied for unauthorized appropriation.
- Section 46-5-21 - Repealed.
- Section 46-5-21.1 - Permits for energy industry use--Period for application of water to beneficialuse.
- Section 46-5-22 - Repealed.
- Section 46-5-23 - Repealed.
- Section 46-5-24 - Amendment or change of plans of construction or place of diversion.
- Section 46-5-25 - Diligent prosecution of work of construction--Failure to complete work,approval by board of prior appropriation.
- Section 46-5-3 - Natural spring forming part of stream--Right to appropriate flow fromspring.
- Section 46-5-30 - Inspection of works by chief engineer before use--Authority to requirechanges.
- Section 46-5-30.1 - License issued by chief engineer.
- Section 46-5-30.2 - Limitations on rights given by permit or license.
- Section 46-5-30.3 - Sale or transfer of application, permit, or license--Notice to chief engineer.
- Section 46-5-30.4 - Amendment of permits or rights.
- Section 46-5-30.5 - Unpermitted acreage developed for irrigation--Requirement.
- Section 46-5-31 - Change of use or place of diversion.
- Section 46-5-31.1 - Abandoned permitted irrigation use--Stock watering permitted.
- Section 46-5-32 - Assignment of application, permit, or license.
- Section 46-5-33 - Irrigation application, permit, or right not assignable apart from land.
- Section 46-5-34 - Irrigation rights appurtenant to land--Amendment of permit required forseverance and transfer.
- Section 46-5-34.1 - Transfer of irrigation rights apart from land--Restricted purposes--Protectionof other users.
- Section 46-5-35 - Repealed.
- Section 46-5-36 - Abandonment of use of water appurtenant to land--Public water subject togeneral appropriation.
- Section 46-5-37 - Failure to use beneficially appropriated water--Forfeiture for nonuse--Reversion to public.
- Section 46-5-37.1 - Abandonment or forfeiture of permits or rights--Recommendation of chiefengineer for cancellation.
- Section 46-5-37.2 - Exceptions to forfeiture for nonuse.
- Section 46-5-38 - Future use of water--Entities entitled to reservation.
- Section 46-5-38.1 - Future use of water--Permit required for actual use--Review of future usepermits.
- Section 46-5-39 - Temporary use permits--Authorization for.
- Section 46-5-4 - Priority of appropriative rights granted since March 7, 1907.
- Section 46-5-4.1 - Validation of prior licenses.
- Section 46-5-40 - Temporary use permits--Cancellation.
- Section 46-5-40.1 - Temporary permits for use of public water for construction, testing, ordrilling purposes--Term of permit--Qualifications and limitations.
- Section 46-5-44 - United States withdrawal of unappropriated waters--Cancellation.
- Section 46-5-45 - Repealed.
- Section 46-5-46 - Unauthorized use or waste of water or violation of permit or licenseprohibited.
- Section 46-5-47 - Flood control--Permit required.
- Section 46-5-48 - Flood control--Emergency facilities authorized.
- Section 46-5-49 - Filing of vested right claim--Hearing--Mandatory filing--Waiver of right.
- Section 46-5-5 - Waters flowing in definite stream subject to appropriation--Beneficial use--Excessive appropriation not allowed.
- Section 46-5-50 - Drip irrigation defined.
- Section 46-5-51 - Permit not required for drip irrigation.
- Section 46-5-6 - Appropriation of water for irrigation--Limitation of amount.
- Section 46-5-6.1 - Restrictions on appropriation of Missouri River water for irrigation.
- Section 46-5-6.11 - Authority of chief engineer to issue appropriation permits.
- Section 46-5-7 - Priority of appropriation--Date of filing application.
- Section 46-5-8 - Permit not required for domestic use--Permit required for dams on streamsor dry-draws--Registration of domestic wells.
- Section 46-5-8.1 - Permit issued by board to effectuate contract between district and energyindustry user--Cancellation of permit or license.
- Section 46-5-8.2 - Permit required for water distribution system.
- Section 46-5-9 - Construction of works prior to obtaining permit to appropriate waterprohibited.
- Sections 46-5-17 to 46-5-19 - Repealed
- Sections 46-5-26, 46-5-27 - Extension of time for completion of construction or application to beneficial use. to 46-5-29. Repealed
- Sections 46-5-41 to 46-5-43 - Repealed
- Sections 46-5-6.2 to 46-5-6.10 - Repealed
- Chapter 06 - Groundwater And Wells
- Section 46-6-1 - Vested rights defined.
- Section 46-6-10 - Wells to be constructed so as to prevent waste--Methods of construction,specification by board.
- Section 46-6-11 - Records of well construction required.
- Section 46-6-12 - Inspection of wells by chief engineer or state geologist.
- Section 46-6-13 - Measurement of flow and pressure of wells by chief engineer.
- Section 46-6-14 - Waste of water from large capacity well prohibited.
- Section 46-6-15 - Uncontrolled artesian well--Definition--Owner to notify board of size and location.
- Section 46-6-16 - Uncontrolled artesian well from oil and gas exploration--Notice to chief engineer.
- Section 46-6-17 - Repealed.
- Section 46-6-18 - Plugging abandoned or forfeited well by owner--"Owner" defined.
- Section 46-6-19 - Repealed.
- Section 46-6-2 - Filing of vested right claim by claimant of vested right to groundwater--Hearing--Mandatory filing--Waiver of right.
- Section 46-6-20 - Rules and regulations of board relating to wells.
- Section 46-6-21 - Control of large capacity well required.
- Section 46-6-24 - Liability for damages to domestic and municipal wells.
- Section 46-6-25 - Domestic and municipal well protection--Enforceability--Fees and costs.
- Section 46-6-26 - Permits may be denied or conditioned to protect domestic or municipal wells or naturalsprings.
- Section 46-6-27 - Plugging, sealing, or capping abandoned wells required--Rules.
- Section 46-6-28 - Geological survey to plug unused wells.
- Section 46-6-29 - Plugging or controlling large capacity well by chief engineer--Costs.
- Section 46-6-3 - Appropriation of groundwater authorized.
- Section 46-6-3.1 - Annual withdrawal of groundwater not to exceed recharge--Exception for waterdistribution systems.
- Section 46-6-30 - Order of chief engineer for proper construction or repair of well--Plugging orcontrolling well--Costs.
- Section 46-6-4 - Repealed.
- Section 46-6-5 - Repealed.
- Section 46-6-6 - Collection, preservation, and publication of data on underground water.
- Section 46-6-6.1 - Rules and regulations governing large capacity wells--Criteria and contents.
- Section 46-6-8 - Repealed.
- Section 46-6-9 - Well driller license--Fee--Issuance.
- Section 46-6-9.1 - Well driller or well pump installer license--Revocation.
- Section 46-6-9.2 - Well driller's license or well pump installer's license required for certain persons.
- Section 46-6-9.3 - Well pump installer license--Fee--Issuance.
- Section 46-6-9.4 - Certain persons exempt from well pump installer license requirements.
- Section 46-6-9.5 - Well pump installers and well drillers prohibited from performing certain acts withoutappropriate license.
- Sections 46-6-22, 46-6-23 - Repealed
- Sections 46-6-6.2, 46-6-7 - Repealed
- Chapter 07 - Storage, Diversion And Irrigation Works
- Section 46-7-1 - Excess capacity of works--Availability for beneficial use.
- Section 46-7-12 - Willful damage, destruction, or interference with works prohibited.
- Section 46-7-13 - Repealed.
- Section 46-7-14 - Unauthorized injury to or interference with pier, boom, or dam prohibited.
- Section 46-7-2 - Headgates or other measuring devices required.
- Section 46-7-3 - Repair of works required--Rules.
- Section 46-7-4 - Repealed.
- Section 46-7-5 - Inspection of works by chief engineer--Order for repair of unsafe works--Repair bychief engineer--Costs--Filing of written protest--Hearing--Liability of chief engineerand state.
- Section 46-7-5.1 - Repair of unsafe works by chief engineer--Costs--Bidding provisions applicable.
- Section 46-7-5.10 - Recording requirements as to owner's affidavit.
- Section 46-7-5.11 - Where privately owned high-hazard dam is subject to action by chief engineer andstate.
- Section 46-7-5.2 - Breach or repair of works by chief engineer if necessary to protect human life--Costas lien against owner--Other remedies.
- Section 46-7-5.3 - Investigation of dam--Variance relating to minimum spillway design requirements--Hearing.
- Section 46-7-5.4 - Definition of terms.
- Section 46-7-5.5 - Application--Construction of dam before January 1, 1990--Owner and immediatefamily as sole residents--Chief engineer to determine flood plain.
- Section 46-7-5.6 - Owner's reporting requirements where nonowner establishes habitation within floodplain.
- Section 46-7-5.7 - Privately owned high-hazard dam--Where chief engineer and state not obligated tosecure safety thereof--Owner's affidavit upon refusal to correct unsafe condition.
- Section 46-7-5.8 - Requirements as to form and content of owner's affidavit.
- Section 46-7-5.9 - Board's acceptance of owner's affidavit--Conditions.
- Section 46-7-6 - Repealed.
- Sections 46-7-7 to 46-7-11 - Repealed
- Chapter 08 - Eminent Domain
- Section 46-8-1 - Right of eminent domain for application or conveyance of water for beneficial use.
- Section 46-8-1.1 - Limit on exercise of right of eminent domain.
- Section 46-8-1.2 - Location of routes restricted.
- Section 46-8-10 - Reasonable access to land.
- Section 46-8-16 - Right to cross public or railroad right-of-way--Construction of bridges, culverts, orsimilar structures.
- Section 46-8-17 - Repealed.
- Section 46-8-18 - Right to cross school and public lands--Notice to commissioner.
- Section 46-8-2 - Permission required for entry on land for surveys--Liability for damages.
- Section 46-8-2.1 - Order of circuit court for entry on land.
- Section 46-8-6 - Multiple water conduits prohibited where single conduit sufficient.
- Section 46-8-7 - Plat of route for water conduit--Certification and recording.
- Section 46-8-8 - Right for location of route an easement.
- Section 46-8-9 - Repealed.
- Sections 46-8-11 to 46-8-15 - Repealed
- Sections 46-8-3 to 46-8-5 - Repealed
- Chapter 09 - Overflow And Flooding From Wells And Distribution Works [Repealed]
- Chapter 10 - Adjudication Of Water Rights
- Section 46-10-1 - Action for general adjudication of water or water use rights--When attorneygeneral to bring.
- Section 46-10-1.1 - Procedure in actions for general adjudication.
- Section 46-10-1.2 - Orders in actions involving one hundred or more defendants.
- Section 46-10-13 - Appeal to board from acts or decisions of water master--Appeal to circuit court.
- Section 46-10-2 - Jurisdiction and venue of action for general adjudication.
- Section 46-10-2.1 - Documents and orders--Cancellations of documents and orders--Deposit withcourt.
- Section 46-10-2.2 - Documents and orders as prima facie evidence--Certified copies admissible.
- Section 46-10-2.3 - Powers and duties of court conducting general adjudication.
- Section 46-10-27 - Transferred.
- Section 46-10-3 - Parties to action for general adjudication.
- Section 46-10-3.1 - Adding additional defendants as parties.
- Section 46-10-3.2 - Commencement of action for general adjudication--Service.
- Section 46-10-3.3 - Defendants numbering one hundred or more--Commencement of action--Service.
- Section 46-10-3.4 - Captioning complaint for general adjudication.
- Section 46-10-4 - Repealed.
- Section 46-10-4.1 - Action to determine conflicting water or water use rights--Court's powers andduties--Caption of action.
- Section 46-10-5 - Action for general adjudication or to determine conflicting water rights--Copiesof complaints mailed to Water Management Board.
- Section 46-10-6 - Action for general adjudication or to determine conflicting rights--Proof of noticeof suit to water management board.
- Section 46-10-7 - Intervention by attorney general.
- Section 46-10-8 - Judgment in action for general adjudication or to determine conflicting rights--Certified copy filed with board.
- Section 46-10-8.1 - Appointment of water master to administer interim or final decree.
- Sections 46-10-14 to 46-10-26 - Repealed
- Sections 46-10-9 to 46-10-12 - Repealed
- Chapter 10A - Water Use Control Areas
- Section 46-10A-1 - Establishment of area--Petition of chief engineer.
- Section 46-10A-10 - Repealed.
- Section 46-10A-11 - Violations of orders of board or water master.
- Section 46-10A-12 - Petition of chief engineer to abolish area, suspend operation, change boundaries,amend powers of or suspend water master, or adjust administration of area.
- Section 46-10A-13 - Petition as in § 46-10A-12 by water rights holders.
- Section 46-10A-14 - Hearing on petition under § 46-10A-12 or 46-10A-13--Publication and notice.
- Section 46-10A-15 - Approval of petition under § 46-10A-12 or 46-10A-13--When required.
- Section 46-10A-2 - Establishment of area--Petition of water right holders.
- Section 46-10A-3 - Identification of lands and waters in petition.
- Section 46-10A-4 - Hearing on petition--Publication and notice.
- Section 46-10A-5 - Approval of petition--When required.
- Section 46-10A-6 - Water master--Appointment--Agent of board.
- Section 46-10A-7 - Water master--Duties.
- Section 46-10A-8 - Water measuring devices--Order for installation.
- Section 46-10A-9 - Fee assessed--Maximum amount--Annual payment.
- Chapter 11 - Water Users' Associations [Transferred]
- Chapter 12 - Organization, Boundaries And Dissolution Of Irrigation Districts [Transferred]
- Chapter 13 - Irrigation District Projects And Operations [Transferred]
- Chapter 14 - Irrigation District Contracts And Financing [Transferred]
- Chapter 15 - Irrigation District Assessments And Levies [Transferred]
- Chapter 16 - Water User Districts [Transferred]
- Chapter 17 - South Dakota Conservancy District [Transferred]
- Chapter 17A - State Water Resources Management [Transferred]
- Section 46-17A-14.1 - Repealed.
- Section 46-17A-15 - Transferred.
- Section 46-17A-2.1 - Transferred.
- Section 46-17A-22 - Transferred.
- Section 46-17A-22.4 - Transferred.
- Section 46-17A-23.5 - Transferred.
- Section 46-17A-4 - Superseded.
- Section 46-17A-4.1 - Transferred.
- Sections 46-17A-1, 46-17A-2 - Transferred
- Sections 46-17A-12 to 46-17A-14 - Transferred
- Sections 46-17A-15.1, 46-17A-15.2 - Repealed
- Sections 46-17A-16 to 46-17A-21 - Transferred
- Sections 46-17A-22.1 to 46-17A-22.3 - Transferred
- Sections 46-17A-23 to 46-17A-23.4 - Transferred
- Sections 46-17A-24 to 46-17A-58 - Transferred
- Sections 46-17A-3.2, 46-17A-3.3 - Repealed
- Sections 46-17A-3.4 to 46-17A-3.7 - Transferred
- Sections 46-17A-3, 46-17A-3.1 - Transferred
- Sections 46-17A-5 to 46-17A-11 - Superseded
- Chapter 18 - Subdistricts Of South Dakota Conservation District [Transferred]
- Chapter 19 - Flood-Control Works [Repealed]
- Chapter 20 - Intrastate Drainage Projects [Transferred]
- Chapter 21 - Drainage Assessments And Bonds [Transferred]
- Chapter 22 - Trustee Management Of Drainage Districts [Transferred]
- Chapter 23 - Interstate Drainage Districts [Transferred]
- Chapter 24 - Watershed Districts [Transferred]
- Chapter 25 - Water Pollution Control [Transferred]
- Chapter 26 - Protection And Improvement Of Navigation [Repealed]
- Chapter 27 - Missouri River Development [Transferred]
- Chapter 28 - Red River Tri-State Authority [Repealed]
- Chapter 29 - Minnesota Boundary Waters [Transferred]
- Chapter 30 - Belle Fourche River Compact [Transferred]
- Chapter 31 - Cheyenne River Compact [Repealed]