Title 46 — WATER RIGHTS

The court in which any action involving the general adjudication of water rights or rights to use water may be properly brought, shall have exclusive jurisdiction to hear and determine all questions necessary for the adjudication of all water rights and the rights to use water wi…

The court conducting a general adjudication may direct the chief engineer of the Water Management Board to deposit with the court certified copies of every water permit, water license, certificate of construction, or other document or order and every cancellation of each document…

The court conducting a general adjudication shall regard any water permit, water license, certificate of construction, or other document or order issued by or under the authority of the Water Management Board or its predecessors, including the state engineer, and not subsequently…

The court conducting a general adjudication shall, in addition to exercising any other power or duty conferred by law: (1) Confirm those rights evidenced by previous court decrees when those rights have not been forfeited, abandoned, or otherwise lost; (2) Adjudicate the validity…

In any action for the general adjudication of the rights to use water and water rights on any river system and all other sources all those whose claims to the use of such waters or claims of water rights are of record, and all other claimants so far as they can be ascertained wit…

Defendants in addition to those named in the original complaint may be added within a reasonable time and defendants may be added throughout the duration of the suit, as appropriate. Source: SL 1980, ch 305 , § 9.

Except as provided in § 46-10-3.3 for actions in which the named defendants number one hundred or more, an action for general adjudication shall be commenced and service shall be made as in other civil cases. Source: SL 1980, ch 305 , § 8.

An action for general adjudication is commenced by the filing of a complaint in circuit court in any case in which the named defendants number one hundred or more. In such a case personal service of a summons and complaint is not required but may be made. If personal service is n…

The complaint for such general adjudication shall be captioned: In re the general adjudication of all rights to use water and water rights in the (to be specified) river system and all other sources, State of South Dakota. Source: SL 1980, ch 305 , § 10. 46-10-4. Repealed by SL 1…

The attorney general in lieu of bringing an action for a general adjudication may or any person may bring an action for the purpose of determining conflicting water rights or rights to use water. The court before which any such action may be properly brought may exercise the powe…

Whenever suit is brought for general adjudication or to determine conflicting water rights in any of the courts of this state, a copy of the complaint shall be by the complainant mailed by registered or certified letter to the Water Management Board at its office at the state cap…

No final decree may be issued in any action for general adjudication or in an action for determination of conflicting water rights unless it appears that the water management board has had reasonable notice of the suit. Source: SDC 1939, § 55.1811; SL 1980, ch 305 , § 13.

If, in the judgment of the Water Management Board, the public interests require action adverse to any party thereto, it may call upon the attorney general to intervene in the action. The attorney general shall then appear on behalf of the state and take whatever steps are necessa…

The court before which any action for general adjudication or any action for the determination of conflicting rights is conducted shall file a certified copy of any final judgment in such case with the Water Management Board. Source: SDC 1939, § 61.0120; SL 1955, ch 430 , § 1; SD…

The authority of a court to appoint a water master to administer any interim or final decree relating to water, including any interim or final decree issued under the provisions of §§ 46-10-1 to 46-10-8 , inclusive, is hereby granted. Source: SL 1983, ch 314 , § 178. 46-10-9 to 4…

The chief engineer may, after appropriate investigation, petition the Water Management Board to establish a water use control area. The petition shall be regarded as filed at the time it is signed and dated by the chief engineer. Source: SL 1983, ch 314 , § 179.

Violation of any order of the Water Management Board or of the water master is regarded as a violation of the terms of a permit or license under the provisions of §

The chief engineer, after appropriate investigation, may petition the board: (1) To abolish a water use control area; (2) To suspend the operation of a water use control area; (3) To change the boundaries of a water use control area; (4) To amend the powers and duties of a water …

Any petition which may be brought by the chief engineer pursuant to the provisions of § 46-10A-12 may also be brought before the Water Management Board if the petition is signed by water rights holders representing not less than twenty - five percent of the total rate of diversio…

The chief engineer, upon learning of the filing of a valid petition under the provisions of § 46-10A-12 or 46-10A-13 , shall set the petition for hearing before the Water Management Board at the nearest reasonable date and shall publish a copy of the notice of hearing at least on…

The Water Management Board shall approve a petition brought under the provisions of § 46-10A-12 or 46-10A-13 upon finding that approval of the petition is in the public interest and will further the goal of efficient and equitable apportionment of water among affected water permi…

Any person who is in a water use control area and is affected by board decisions may appeal from acts or decisions of the board with respect to establishment of a water use control area or administration of water diversion or use. Source: SL 1961, ch 460 , § 3; SDCL, § 46-10-27 ;…

As an alternative to the provisions of § 46-10A-1 , a petition to establish a water use control area may be brought before the Water Management Board when signed by water right holders representing not less than fifty percent of the total rate of diversion under permit, filed ves…

Any petition to establish a water use control area shall identify the lands and waters proposed to be included in the area. Source: SL 1983, ch 314 , § 181.

The chief engineer, upon knowledge of the filing of a valid petition to establish a water use control area, shall set the petition for hearing before the Water Management Board at the nearest reasonable date and shall publish a copy of the notice of hearing at least once a week f…

The Water Management Board shall approve a petition to establish a water use control area if the board finds that a water use control area is in the public interest, is necessary to equitably apportion the available water supplies for use among the water right holders and is feas…

Upon establishment of a water use control area, the Water Management Board, at the same hearing if feasible, shall appoint a water master, giving significant weight to the recommendations of the affected water permit or right holders. The water master shall act as agent of the bo…

The duties and authority of the water master shall be set out either in an order establishing the water use control area or by resolution and may include, but are not limited to, the following: (1) Enforcement procedures for distribution of water under a court decree; (2) Enforce…

The board may order installation of water measuring devices as provided in § 46-7-2 if it determines them to be necessary for proper regulation of water diversion and use among water permit or right holders in a water use control area. Source: SL 1983, ch 314 , § 186.

The Water Management Board shall assess a fee to be collected annually from each water right holder in each water use control area. The amount of the fee may not exceed twenty dollars for each cubic foot per second, or portion thereof, of the diversion capability of the water per…