Section 46-2-18 - Chief engineer's authority to order discontinuance of harmful illegal water use. - South-dakota Statutes

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Statutes > South-dakota > Title-46 > Chapter-02 > Statute-46-2-18

46-2-18. Chief engineer's authority to order discontinuance of harmful illegal water use. The provisions of chapter 1-26 notwithstanding, the chief engineer may, after appropriate investigation, issue an order to any person to shut off or limit his use of surface or groundwater, or to plug or otherwise control a well. The order may be issued only to protect another user who has higher or earlier priority or to cause a user of water to discontinue the use of water to which he has no legal right. Upon a refusal to obey his order, the chief engineer may request a court of proper jurisdiction to issue a temporary restraining order or injunction to effectuate the provisions of his order.

Source: SL 1983, ch 314, § 33.

State Codes and Statutes

Statutes > South-dakota > Title-46 > Chapter-02 > Statute-46-2-18

46-2-18. Chief engineer's authority to order discontinuance of harmful illegal water use. The provisions of chapter 1-26 notwithstanding, the chief engineer may, after appropriate investigation, issue an order to any person to shut off or limit his use of surface or groundwater, or to plug or otherwise control a well. The order may be issued only to protect another user who has higher or earlier priority or to cause a user of water to discontinue the use of water to which he has no legal right. Upon a refusal to obey his order, the chief engineer may request a court of proper jurisdiction to issue a temporary restraining order or injunction to effectuate the provisions of his order.

Source: SL 1983, ch 314, § 33.

State Codes and Statutes

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State Codes and Statutes

Statutes > South-dakota > Title-46 > Chapter-02 > Statute-46-2-18

46-2-18. Chief engineer's authority to order discontinuance of harmful illegal water use. The provisions of chapter 1-26 notwithstanding, the chief engineer may, after appropriate investigation, issue an order to any person to shut off or limit his use of surface or groundwater, or to plug or otherwise control a well. The order may be issued only to protect another user who has higher or earlier priority or to cause a user of water to discontinue the use of water to which he has no legal right. Upon a refusal to obey his order, the chief engineer may request a court of proper jurisdiction to issue a temporary restraining order or injunction to effectuate the provisions of his order.

Source: SL 1983, ch 314, § 33.