Title 46 — WATER RIGHTS
36 chapters · 230 sections in this title.
SDCL § 46-5-6.11 Authority of chief engineer to issue appropriation permits
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As provided in § 46-1-16 , the board may delegate to the chief engineer the authority to issue a permit for the appropriation of water if the applicant does not contest the recommendation of the chief engineer and no person has filed a petition to oppose the application. Source: …
SDCL § 46-5-7 Priority of appropriation--Date of filing application
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As between appropriators, the first in time is the first in right. The priority of the appropriation shall date from the time of filing of the application therefor in the office of the Water Management Board. Source: SDC 1939, § 61.0102; SL 1955, ch 430 , § 1; SDC Supp 1960, § 61…
SDCL § 46-5-8 Permit not required for domestic use--Permit required for dams on streams or dry - draws--Registration of domestic wells
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Any person desiring to make reasonable domestic use of water from any source may do so without obtaining a permit from the Water Management Board, except that no person may construct a dam across any dry - draw for any purpose, including domestic use, if the dam will impound more…
SDCL § 46-5-8.1 Permit issued by board to effectuate contract between district and energy industry user--Cancellation of permit or license
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The Water Management Board may issue a permit to appropriate up to fifty thousand acre - feet of water for use per year to the South Dakota Conservancy District to effectuate the provisions of a contract executed between the district and an energy industry user under §
SDCL § 46-5-8.2 Permit required for water distribution system
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If water is to be conveyed to users by a water distribution system diverting more than eighteen gallons per minute, the system shall comply with the provisions of §
SDCL § 46-5-9 Construction of works prior to obtaining permit to appropriate water prohibited
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No person may begin or carry on any construction of works for storing or carrying water until a permit to appropriate the water has been issued. Source: SDC 1939, §§ 61.9907, 61.9910; SL 1965, ch 304 , § 2; SL 1981, ch 316 , § 1; SL 1983, ch 314 , § 46.