Deletion of term limitation under certain conditions--Cancellation or amendment of permit

SDCL § 46-2A-21 — under ADMINISTRATIVE PROCEDURE FOR APPROPRIATION OF WATER.

SDCL § 46-2A-21

At any time during the twenty - year term set forth in § 46-2A-20 , or following its expiration, the board may delete the term limitation condition upon a finding that sufficient information has become available to determine: (1) Whether the withdrawal would cause any significant adverse effects on the supply of water in the Madison formation; and (2) Whether the withdrawal would cause any significant adverse effects on nearby Madison formation wells and springs. At the end of the twenty - year limitation, the board may cancel a permit or amend the permit with a new term limitation of up to twenty years, if the board is unable to make a finding after notice and hearing that sufficient information is available to delete the term limitation. The priority date for any permit issued with a term limitation or amended with an additional term limitation shall be the date the original application was filed. Source: SL 1992, ch 315 , § 2.