Title 46 — WATER RIGHTS

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may be approved if, according to the best information reasonably available, it is probable that the quantity of water withdrawn annually from a groundwater source will exceed the quantity of the average estimated annual recharge of water …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…

The owner of any works for storage, diversion, or carriage of water which have a capacity in excess of the needs of the owner for lawful application of water to beneficial use may be required to make the excess capacity available, at reasonable rates, to any person entitled to us…

No person, for any purposes other than those contemplated by this title, may willfully damage, destroy, or otherwise interfere with any works for the application of water to beneficial use, for the apportionment or measurement of water or for any hydrographic study, nor may any p…

No person may, without authority of law, interfere with any pier, boom, or dam lawfully erected or maintained upon any waters within this state, hoist any gate of a dam, whether in or about the dam, damage or destroy any dam or any embankment necessary for support of the dam or m…

No person may maliciously draw up, remove, cut, or otherwise injure any piles fixed in the ground and used for securing any bank or dam of any river, canal, drain, aqueduct, marsh, reservoir, pool, port, dock, quay, jetty, or lock. Source: SDC 1939, § 13.4507; SL 1983, ch 314 , §…

Any appropriator may be required to construct and maintain a substantial headgate or other means of measurement at the point of diversion or at any other point or points as required by the Water Management Board and shall construct or install a measuring device of a design approv…

The owner of any works for the storage, diversion or carriage of water or for the application of water to beneficial use, including wells, shall keep the works in good repair at all times to ensure safety of the works and to prevent waste of water. The water management board may …

The chief engineer may inspect any works described in § 46-7-3 , including abandoned works, to determine whether the works are safe. If works are found to be unsafe, the chief engineer shall notify the owner and shall order the owner to make changes necessary to secure the safety…

Upon receiving the protest, the chief engineer shall schedule the matter for hearing with the board in accordance with the provisions of chapter 46-2A . The filing of the written protest suspends the operation of the chief engineer's order until further action by the board. The b…

An affidavit accepted for filing by the board, together with any conditions set by the board, shall be recorded by the owner in the office of the register of deeds in any county where the dam or flood plain are located. Source: SL 1990, ch 357 , § 7.

The provisions of § 46-7-5 shall take effect notwithstanding § 46-7-5.7 , if: (1) The owner fails to comply with §§ 46-7-5.4 to 46-7-5.11 , inclusive; (2) The owner violates any of the conditions set by the board pursuant to § 46-7-5.9 ; or (3) There has been a change of conditio…

Notwithstanding the pendency of any notice, order, or protest pursuant to § 46-7-5 , the chief engineer may immediately breach or repair any works if, in the chief engineer's judgment, it is necessary to protect human life from imminent danger. The cost of the work in such cases …

Upon petition to the board by the owner of a dam, the chief engineer may investigate and conduct the necessary analysis to determine the potential for damage to downstream residents or property if a dam were to fail due to inadequate spillway capacity. After the investigation and…

Terms used in §§ 46-7-5.5 to 46-7-5.11 , inclusive, mean: (1) "Affidavit," a written declaration under oath, made on personal knowledge, subscribed and dated by the owner in the presence of a notary public; (2) "Flood plain," an area below the dam that has been or may be covered …

The provisions of §§ 46-7-5.4 to 46-7-5.11 , inclusive, only apply to privately owned high-hazard dams constructed before January 1, 1990, if the owner and the owner's immediate family are the only persons residing below the dam within the flood plain. The chief engineer shall de…

If any individual other than the owner of a high - hazard dam establishes a habitation within the flood plain, the owner shall report the name, address and location of the individual to the chief engineer within ten days. Source: SL 1990, ch 357 , § 4.

Notwithstanding the provisions of §§ 46-2-9 , 46-2-17 , 46-7-3 , 46-7-5 , 46-7-5.1 , 46-7-5.2 , and 46-7-5.3 , the chief engineer and all officers, employees, and agents of the State of South Dakota are under no obligation to secure the safety of, or take any further action with …

The owner's affidavit referred to in § 46-7-5.7 shall: (1) Be in a form prescribed and approved by the board; (2) Identify and describe the dam in question; (3) State the construction date of the dam; (4) Acknowledge that the owner is aware that the unsafe condition exists; (5) S…

The board, based on the specific facts of each case, may impose reasonable conditions upon the acceptance of the owner's affidavit for filing if those conditions are related to the promotion of the health, safety, and welfare of any minor children, third persons, or the general p…

Source: SL 1983, ch 314 , § 134; SL 2006, ch 225 , § 1.

Any person may exercise the right of eminent domain in the manner provided by law to acquire as a public use any property or other rights necessary for application of water to beneficial uses or to enlarge an existing structure for conveyance of water for use in common with an ex…

Any exercise of the right of eminent domain under the provisions of this chapter shall do the least possible injury to private property, consistent with sound engineering principles and with economic feasibility. Source: SL 1983, ch 314 , § 132.

No routes acquired under the provisions of this chapter may be located within two hundred fifty feet of a dwelling house or other buildings on the premises or across any noncommercial orchard or garden without written consent of the owner. This section does not apply to works loc…

The owner of any works for application of water to beneficial use which may prevent reasonable access to lands crossed or adjacent to the works is responsible for providing reasonable access to the land. If the owner of the works does not provide reasonable access, the owner or o…

An owner of works for the storage, carriage, or application of water to beneficial use has the right to cross any public or railroad right - of - way, subject to such reasonable conditions as may be prescribed by the board or officer having charge of the right - of - way. The own…

An owner of works for storage, carriage, or application of water to beneficial use has the right, if necessary, to cross school and public lands, subject to such reasonable conditions as may be prescribed by the commissioner of school and public lands. The owner of the works shal…

No person may enter upon the lands of any other person without first obtaining written permission or a court order obtained pursuant to § 46-8-2.1 for the purpose of surveying or locating the most advantageous route for works necessary to put water to beneficial use. Actual damag…

The circuit court for the county in which a proposed water project is located has jurisdiction to issue an order permitting entry upon land for the purpose of surveying or locating the most advantageous route for works necessary to put water to beneficial use. No order may be iss…

The right of eminent domain may not be exercised to allow two or more pipelines, canals, ditches, or other water conduits to be constructed on lands owned by any person when a single pipeline, canal, ditch, or other water conduit can feasibly convey the water. Source: SDC 1939, §…

When the route for any pipeline, canal, ditch, or other water conduit mentioned in this chapter is located, a correct survey and plat of the route shall be made, indicating by proper description the lands over which the route is located. The plat shall be certified and recorded i…

The right acquired by the location of the route for any waterway mentioned in this chapter shall be an easement. Source: SDC 1939, § 61.0425; SL 1955, ch 431 , § 1; SL 1983, ch 314 , § 140. 46-8-9. Repealed by SL 1983, ch 314 , § 141

Source: SL 1983, ch 314 , § 182.

Source: SL 1983, ch 314 , § 189.

It shall be the duty of the attorney general to bring an action for the general adjudication of the nature, extent, content, scope, and relative priority of the water rights and the rights to use water of all persons, or entities, public or private, on any river system and on all…

The procedure in any case of general adjudication shall be as in other civil cases, insofar as that procedure is not inconsistent with this chapter. Source: SL 1980, ch 305 , § 15.

In the conduct of actions to which § 46-10-3.3 applies, the court may make appropriate orders (1) Providing for the limitation of service and filing, or substitutes therefor, of pleadings, briefs, orders, motions, demands, appearances, claim forms, discovery materials, and simila…

Any interested person may appeal from acts or decisions of the water master to the Water Management Board and the board shall promptly and at a stated time and place fixed by it, after due notice to the parties, hear and determine the matter in dispute. Its decision shall be fina…