Title 46 — WATER RIGHTS

Source: SL 1983, ch 314 , § 99; SL 2001, ch 241 , § 7.

No license may be issued unless the applicant is experienced and knowledgeable in good well construction methods. The Water Management Board shall promulgate rules pursuant to chapter 1-26 establishing qualifications for well drillers. Source: SL 1955, ch 431 , § 1; SDC Supp 1960…

The term, vested rights, as used in this chapter, means: (1) Beneficial uses of groundwater under diversions and applications of water before February 28, 1955; (2) The right to take and use groundwater for beneficial purposes if an owner or lawful agent was engaged in the constr…

The Water Management Board shall require every well to be so constructed and finished as to prevent waste of its waters or underground leakage of these waters into other reservoirs. To this end it may specify methods of construction, kinds, size, and number of casings used, valve…

On each well drilled the driller shall keep accurate records and complete a record of well construction on a form supplied by the chief engineer. If for any reason well construction is begun but not completed, the well driller shall complete the record of well construction to the…

The chief engineer or the state geologist may inspect wells for the purpose of making electric or radioactivity logs, caliper, leakage, and other surveys that pertain to the condition of the wells. Source: SL 1955, ch 431 , § 1; SDC Supp 1960, § 61.0406; SL 1983, ch 314 , § 101.

The chief engineer may measure the flow and pressure of any well, public or private, for the purpose of determining the increase or diminution of the flow or pressure of the well. Source: SDC 1939, § 61.0403; SL 1955, ch 431 , § 1; SDC Supp 1960, § 61.0408; SL 1983, ch 314 , § 10…

No owner of property on which a large capacity artesian well is located may allow the water of the well to flow to waste if the board determines it is feasible to control the flow. Source: SDC 1939, § 61.0405; SL 1955, ch 431 , § 1; SDC Supp 1960, § 61.0410; SL 1983, ch 314 , § 1…

The owner of an uncontrolled artesian well shall notify the Water Management Board in writing of the location and size of the well. An uncontrolled artesian well is one that cannot be controlled by mechanical means. Source: SL 1955, ch 431 , § 1; SDC Supp 1960, § 61.0411; SL 2011…

The Board of Minerals and Environment shall notify the chief engineer in writing of the location of any uncontrolled artesian well resulting from oil and gas exploration. Source: SL 1955, ch 431 , § 1; SDC Supp 1960, § 61.0412; SL 1983, ch 314 , § 104. 46-6-17. Repealed by SL 198…

Any abandoned or forfeited well shall be plugged by its owner so that no leaking of its waters occurs underground or over the surface. The owner of property on which an abandoned or forfeited well is located is deemed to be the owner of the well. Source: SL 1955, ch 431 , § 1; SD…

Any person claiming to be the owner of a vested right to appropriate water from any underground source for beneficial use other than for domestic use as defined by subdivision § 46-1-6(7) may file a vested right claim with the chief engineer in a form and manner prescribed by the…

The Water Management Board shall promulgate rules pursuant to chapter 1-26 providing for or directing, as appropriate: (1) Rehabilitation of wells; (2) Construction of wells; (3) Prevention of underground leakage or other waste of water; and (4) Plugging or other control of aband…

No owner or person in control of a large capacity artesian well may allow it to flow without a proper or sufficient casing or without a valve or contrivance for checking or preventing the flow of water if the Water Management Board determines that installation of a casing, valve,…

The failure of a well to meet standards established pursuant to § 46-6-6.1 is not a defense in any action or proceeding regarding damage, loss of water production or quality, replacement cost, or increased operating expenses incurred by a municipal or domestic use well located in…

Section 46-6-24 is enforceable in circuit court by the damaged owner or user of a domestic or municipal well. Attorney's fees, expert fees, and court costs may be awarded the plaintiff at the discretion of the court. Source: SL 1980, ch 304 , § 2.

The Water Management Board or chief engineer pursuant to § 46-1-16 may deny or condition any permit in conformity with § 46-6-24 as is determined necessary to protect domestic wells, municipal wells, or natural springs of this state. Source: SL 1980, ch 304 , § 3; SL 1990, ch 355…

If the owner of an existing well drills a replacement well and if the owner has no plan to use the existing well, the existing well is considered abandoned. The well owner shall plug the abandoned well within thirty days after the new well is ready for use. Any well that is being…

The state geological survey shall plug its test holes, observation wells, and any other of its borings or wells, pursuant to the provisions of § 46-6-27 , if they are no longer being used. Source: SL 1983, ch 319 , § 2.

If an owner of property fails to plug or otherwise control a large capacity artesian well on his property after receiving an order to do so from the Water Management Board under the provisions of § 46-6-14 , the chief engineer may enter upon the property where the well is located…

Subject to vested rights and prior appropriations, groundwaters of the state may be appropriated pursuant to the procedures contained in chapter 46-2A . Source: SL 1955, ch 431 , § 1; SDC Supp 1960, § 61.0404; SL 1971, ch 252 , § 1; SL 1972, ch 237 , § 5; SL 1973, ch 279 , § 2; S…

No application to appropriate groundwater may be approved if, according to the best information reasonably available, it is probable that the quantity of water withdrawn annually from a groundwater source will exceed the quantity of the average estimated annual recharge of water …

The chief engineer, during or immediately following construction of a well, may order the owner or driller of the well to properly construct or repair the well if the chief engineer determines that there is a serious and imminent threat to health or property. The chief engineer, …

The chief engineer, if plugging or otherwise controlling a well pursuant to the provisions of §§ 46-6-29 and 46-6-30 , shall comply with the bidding provisions of chapters 5-18A and 5-18B unless the chief engineer determines that compliance with those provisions will result in ha…

The collection, preservation, and publication of data with respect to the occurrence, quantity, quality, and hydraulic characteristics of underground water and the nature and identity of the subsurface geological formations in which it occurs are required by the public interest. …

In addition to powers otherwise provided the Water Management Board shall promulgate rules pursuant to chapter 1-26 controlling the location and capacity of irrigation, industrial, municipal, and other large capacity wells for the purpose of ensuring or protecting water for reaso…

Any well driller, before doing any well drilling and before contracting for any such work, shall first secure and thereafter maintain a license. The words "South Dakota Licensed Well Driller No." shall be plainly displayed at a conspicuous place on the premises where the work is …

The chief engineer may initiate an action before the Water Management Board to revoke the license of any well driller or well pump installer upon refusal by the driller to properly complete any well or well pump installation in accordance with rules governing well construction or…

Any person who performs work for compensation in the repair of wells or as a well pump installer shall obtain a well driller's license issued pursuant to § 46-6-9 or a well pump installer's license issued pursuant to § 46-6-9.3 before conducting or contracting for such work. Sour…

The Water Management Board shall issue a well pump installer license to any applicant who meets the requirements specified in this section. The fee for the license is two hundred dollars for a resident, and three hundred dollars for a nonresident. The same amounts shall be paid e…

Any plumbing contractor licensed under chapter 36-25 , any electrical contractor licensed under chapter 36-16 , and any mechanical contractor licensed under municipal ordinances may be exempt from the well pump installer licensure requirements of §

No licensed well pump installer or well driller may perform any electrical, plumbing, or mechanical act regulated by state law unless licensed to do so. All applicable rules and regulations of state law and municipal ordinances shall apply regarding any permit and any installatio…