Title 46, WATER RIGHTS

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.

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 § 46-1-12 . Source: SL 1983, ch 314 , § 189.

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…