South Dakota Administrative Code

Rule 74:02:01:16 Inspection reports of construction and application of water to be maintained. 74:02:01:16. Inspection reports of construction and application of water to be maintained. The findings of the inspections made pursuant to SDCL 46-5-30 for the completion of constructi…

Rule 74:02:01:16.01 Combining permits into one license. 74:02:01:16.01. Combining permits into one license.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 w…

Rule 74:02:01:17 Repealed. 74:02:01:17. Issuance of certificates of completion of works and of water licenses -- Payment of fees required.Repealed. Source: SL 1975, ch 16, § 1; transferred from § 52:01:01:15, effective July 1, 1979; 9 SDR 96, effective January 30, 1983; repealed,…

Rule 74:02:01:18 Repealed. 74:02:01:18. Definition of "vested right."Repealed. Source: SL 1975, ch 16, § 1; transferred from § 52:01:01:16, effective July 1, 1979; repealed, 9 SDR 96, effective January 30, 1983.

Rule 74:02:01:19 Repealed. 74:02:01:19. Filing of vested right claims.Repealed. Source: SL 1975, ch 16, § 1; transferred from § 52:01:01:17, effective July 1, 1979; 9 SDR 96, effective January 30, 1983; repealed, 13 SDR 49, effective October 27, 1986.

Rule 74:02:01:20 Procedure for filing vested right claim. 74:02:01:20. Procedure for filing vested right claim. 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…

Rule 74:02:01:20.01 Chief engineer's investigation of vested right claims. 74:02:01:20.01. Chief engineer's investigation of vested right claims. The chief engineer may investigate the uses claimed in the vested right application to determine from existing records, affidavits, an…

Rule 74:02:01:21 Application procedure for vested right claim -- Validation of claim. 74:02:01:21. Application procedure for vested right claim -- Validation of claim. As far as practicable, the vested right claim application must conform to the procedures contained in SDCL 46-2A…

Rule 74:02:01:22 Issuance of water license for vested right claims. 74:02:01:22. Issuance of water license for vested right claims. 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 ch…

Rule 74:02:01:23 Repealed. 74:02:01:23. Public bodies authorized to appropriate water for future use -- Procedure.Repealed. Source: SL 1975, ch 16, § 1; transferred from § 52:01:01:21, effective July 1, 1979; repealed, 9 SDR 96, effective January 30, 1983.

Rule 74:02:01:24 Application procedure for entities to appropriate water for future use. 74:02:01:24. Application procedure for entities to appropriate water for future use. An application to appropriate water for future use by those entities specified in SDCL 46-5-38 shall be on…

Rule 74:02:01:24.01 Future use applications and future use permits limited. 74:02:01:24.01. Future use applications and future use permits limited. Future use applications and future use permits for entities without permits to use water shall be limited to the amount of water act…

Rule 74:02:01:24.02 Submission of annual water use records. 74:02:01:24.02. Submission of annual water use records. 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 th…

Rule 74:02:01:25 Board to act on future use application by entity -- Authorized qualifications. 74:02:01:25. Board to act on future use application by entity -- Authorized qualifications. The board, by majority vote, shall decide whether the future use application of an entity is…

Rule 74:02:01:25.01 Future use permit review -- Recommendation and scheduling for review. 74:02:01:25.01. Future use permit review -- Recommendation and scheduling for review. The chief engineer shall prepare a recommendation for a future use permit that conforms, as far as pract…

Rule 74:02:01:25.02 Notice of review of future use permit. 74:02:01:25.02. Notice of review of future use permit. 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 chie…

Rule 74:02:01:25.03 Publication of notice of future use permit review. 74:02:01:25.03. Publication of notice of future use permit review. 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 46-2…

Rule 74:02:01:26 Repealed. 74:02:01:26. Effect of board's approval of public body's applications -- Additional application required for construction.Repealed. Source: SL 1975, ch 16, § 1; transferred from § 52:01:01:24, effective July 1, 1979; 9 SDR 96, effective January 30, 1983…

Rule 74:02:01:26.01 Reinstating amount of water not developed. 74:02:01:26.01. Reinstating amount of water not developed. 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 lic…

Rule 74:02:01:27 Repealed. 74:02:01:27. Board authorized to cancel future use permits of public bodies.Repealed. Source: SL 1975, ch 16, §1; transferred from § 52:01:01:25, effective July 1, 1979; 9 SDR 96, effective January 30, 1983; 10 SDR 27, effective September 26, 1983; repe…

Rule 74:02:01:28 Repealed. 74:02:01:28. Procedure for appropriation of water by United States for short periods.Repealed. Source: SL 1975, ch 16, §1; transferred from § 52:01:01:26, effective July 1, 1979; 9 SDR 96, effective January 30, 1983; repealed, 10 SDR 27, effective Septe…

Rule 74:02:01:29 Repealed. 74:02:01:29. Procedure for appropriation of water by United States for extended periods.Repealed. Source: SL 1975, ch 16, § 1; transferred from § 52:01:01:27, effective July 1, 1979; 9 SDR 96, effective January 30, 1983; repealed, 10 SDR 27, effective S…

Rule 74:02:01:30 Repealed. 74:02:01:30. Requirements for issuance of water licenses to United States.Repealed. Source: SL 1975, ch 16, § 1; transferred from § 52:01:01:28, effective July 1, 1979; 9 SDR 96, effective January 30, 1983; repealed, 10 SDR 27, effective September 26, 1…

Rule 74:02:01:31 Repealed. 74:02:01:31. Issuance of temporary permits -- Not to interfere with prior applications.Repealed. Source: SL 1975, ch 16, § 1; transferred from § 52:01:01:29, effective July 1, 1979; 9 SDR 96, effective January 30, 1983; 10 SDR 27, effective September 26…

Rule 74:02:01:32 Applications for temporary permit -- Telephone requests. 74:02:01:32. Applications for temporary permit -- Telephone requests. The chief engineer shall furnish application forms for a temporary permit upon request. The applicant shall complete the application for…

Rule 74:02:01:33 Information required for temporary permits. 74:02:01:33. Information required for temporary permits. 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…

Rule 74:02:01:34 Chief engineer authorized to issue temporary permits. 74:02:01:34. Chief engineer authorized to issue temporary permits. The chief engineer may issue temporary permits but may, at the chief engineer's discretion, defer issuance of a temporary permit and present t…

Rule 74:02:01:34.01 Rescission of temporary permits by chief engineer. 74:02:01:34.01. Rescission of temporary permits by chief engineer. 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 on…

Rule 74:02:01:34.02 Appeal of rescission of temporary permit to board. 74:02:01:34.02. Appeal of rescission of temporary permit to board. 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 …

Rule 74:02:01:35 Repealed. 74:02:01:35. Expiration date of temporary permits.Repealed. Source: SL 1975, ch 16, § 1; transferred from § 52:01:01:33, effective July 1, 1979; 9 SDR 96, effective January 30, 1983; 10 SDR 27, effective September 26, 1983; repealed, 13 SDR 49, effectiv…

Rule 74:02:01:35.01 Application procedure for flood control permits. 74:02:01:35.01. Application procedure for flood control permits. 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…

Rule 74:02:01:35.02 Inspection of flood control works -- Licensing. 74:02:01:35.02. Inspection of flood control works -- Licensing. The chief engineer shall inspect flood control works constructed under a flood control permit to determine if the project works are constructed in a…

Rule 74:02:01:36 Board authorized to cancel invalid water permits, rights, or vested rights. 74:02:01:36. Board authorized to cancel invalid water permits, rights, or vested rights. The board may cancel a water permit, right, or vested right which has become invalid and file a re…

Rule 74:02:01:37 Invalid water permit, right, or vested right defined. 74:02:01:37. Invalid water permit, right, or vested right defined. 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 constr…

Rule 74:02:01:37.01 Legal excuse for nonuse of water. 74:02:01:37.01. Legal excuse for nonuse of water. 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) Un…

Rule 74:02:01:37.02 Exceptions to nonuse of water. 74:02:01:37.02. Exceptions to nonuse of water. 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…

Rule 74:02:01:38 Procedure for consideration of water permit, right, or vested right cancellations -- Contents of notice. 74:02:01:38. Procedure for consideration of water permit, right, or vested right cancellations -- Contents of notice. If investigation by the chief engineer i…

Rule 74:02:01:39 Repealed. 74:02:01:39. Notice of consideration of cancellation by publication.Repealed. Source: SL 1975, ch 16, § 1; transferred from § 52:01:01:37, effective July 1, 1979; 9 SDR 96, effective January 30, 1983; 10 SDR 27, effective September 26, 1983; repealed, 1…

Rule 74:02:01:40 Action by board -- Minutes to show reasons for cancellation. 74:02:01:40. Action by board -- Minutes to show reasons for cancellation. After the hearing, the board, by majority vote, shall decide whether the water permit, right, or vested right is to be canceled …

Rule 74:02:01:40.01 Cancellation of irrigation location notice -- Retention as stock water location notice. 74:02:01:40.01. Cancellation of irrigation location notice -- Retention as stock water location notice. If the water permit, or right being canceled is an irrigation dry dr…

Rule 74:02:01:41 Holders to be notified of cancellation action -- Notice by publication. 74:02:01:41. Holders to be notified of cancellation action -- Notice by publication. The holder of a canceled water permit, right, or vested right, if known, shall be notified of the board's …

Rule 74:02:01:42 Application for well driller license -- License representative to be designated. 74:02:01:42. Application for well driller license -- License representative to be designated. Application forms for a well driller license shall be furnished by the chief engineer up…

Rule 74:02:01:42.01 Types of water use wells. 74:02:01:42.01. Types of water use wells. 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 dee…

Rule 74:02:01:42.02 Requirements for all well driller license applications. 74:02:01:42.02. Requirements for all well driller license applications. 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 f…

Rule 74:02:01:42.03 Documentation of experience required for new license applications. 74:02:01:42.03. Documentation of experience required for new license applications. In addition to the requirements of § 74:02:01:42 to 74:02:01:42.02, inclusive, all applications for a new well…

Rule 74:02:01:42.04 Application requirements for renewal of a well driller license. 74:02:01:42.04. Application requirements for renewal of a well driller license. In addition to the requirements of §§ 74:02:01:42 to 74:02:01:42.02, inclusive, all applications for renewal of a we…

Rule 74:02:01:42.05 Deadline for renewal of license. 74:02:01:42.05. Deadline for renewal of license. 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…

Rule 74:02:01:42.06 New license representative or licensing for additional well types. 74:02:01:42.06. New license representative or licensing for additional well types. To designate a new well driller license representative for an existing well driller license or when a well dri…

Rule 74:02:01:42.07 License renewals after March 31, 1983. 74:02:01:42.07. License renewals after March 31, 1983. 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…

Rule 74:02:01:42.08 Criteria for continuing education for a well driller license. 74:02:01:42.08. Criteria for continuing education for a well driller license. A continuing education activity must meet the criteria in items 1 to 5, inclusive, for credit to be given: (1) The activ…