Title 46 — WATER RIGHTS

It is hereby declared that the people of the state have a paramount interest in the use of all the water of the state and that the state shall determine what water of the state, surface and underground, can be converted to public use or controlled for public protection. Source: S…

All vested rights as defined in § 46-1-9 acquired before July 1, 1955, are hereby in all respects validated. Source: SL 1955, ch 430 , § 1; SDC Supp 1960, § 61.0106.

Unless otherwise provided in this title, any person, firm, or corporation violating any of the provisions of chapters 46-4 to 46-10 , inclusive, is guilty of a Class 2 misdemeanor. In addition, a civil fine of not more than five hundred dollars may be imposed for the violation. E…

A water right may be granted for uses outside this state on the same basis and subject to the same terms and conditions as water rights are granted to persons for use of water within this state, subject to the principle of beneficial use as defined in subdivision § 46-1-6(3). Sou…

Except as otherwise provided throughout this title, no person may appropriate the waters of this state for any purpose without first obtaining a permit to do so. Source: SL 1983, ch 314 , § 13.

The provisions of § 46-1-14 notwithstanding, the board may promulgate rules pursuant to chapter 1-26 to delegate the authority to issue permits to the chief engineer if the applicant does not contest the recommendation of the chief engineer and no person has filed a petition to o…

It is hereby declared that the protection of the public interest in the development of the water resources of the state is of vital concern to the people of the state and that the state shall determine in what way the water of the state, both surface and underground, should be de…

It is hereby declared that all water within the state is the property of the people of the state, but the right to the use of water may be acquired by appropriation as provided by law. Source: SL 1955, ch 430 , § 1; SDC Supp 1960, § 61.0101 (2); SL 1983, ch 314 , § 1.

It is hereby declared that, because of conditions prevailing in this state, the general welfare requires that the water resources of the state be put to beneficial use to the fullest extent of which they are capable, and that the waste or unreasonable method of use of water be pr…

It is the established policy of this state: (1) That the use of water for domestic purposes is the highest use of water and takes precedence over all appropriative rights, if it is exercised in a manner consistent with public interest as provided in § 46-1-2 ; (2) That the state …

The standard of the measurement of the flow of water shall be the cubic foot per second of time; and the standard of measurement of the volume of water shall be the acre - foot, being the amount of water upon an acre covered one foot deep, equivalent to forty - three thousand fiv…

Beneficial use is the basis, the measure and the limit of the right to the use of waters described in this title. Source: SL 1955, ch 430 , § 1; SL 1955, ch 431 , § 1; SDC Supp 1960, §§ 61.0102 (6), 61.0401 (10).

The term, vested rights, used in this title means: (1) The right of a riparian owner to continue to use water actually applied to any beneficial use on March 2, 1955, or within three years immediately before that date to the extent of the existing beneficial use made of the water…

Source: SL 1978, ch 315 ; SL 1983, ch 314 , § 16; SL 1990, ch 355 , § 2.

Repealed by SL 1983, ch 314 , § 14 46-2-2

46-2-12

Source: SL 1983, ch 316 , § 18; SL 2021, ch 192 , § 4.

46-2-14 Experimental and observation stations. 46-2-15 46-2-15 ,

The department shall charge and receive the following fees, to be collected in advance: (1) For filing and examining a location notice required for construction of a structure across a dry draw or nonnavigable watercourse for the purpose of diverting or collecting storm water and…

The Water Management Board may establish experimental and observation stations, including observation wells and stream gauging stations, wherever they may be beneficial. Source: SL 1983, ch 314 , § 29. 46-2-15, 46-2-16. Repealed by SL 2006, ch 2 , §§ 30, 31. 46-2-16. Repealed by …

46-2-17 Chief engineer's general enforcement authority. 46-2-18 Chief engineer's authority to order discontinuance of water use. 46-2-19 Chief engineer's authority to enter property. 46-2-20 Cooperation with United States agencies. 46-2-21 County appropriations for geologic or gr…

The chief engineer may: (1) Investigate the use of the waters of the state and compliance with the provisions of water permits, licenses, rules, regulations, and laws relating to water rights; (2) Institute enforcement and other proceedings before the Water Management Board; (3) …

The provisions of chapter 1-26 notwithstanding, the chief engineer may, after appropriate investigation, issue an order to any person to shut off or limit the person's use of surface or groundwater, or to plug or otherwise control a well. The order may be issued only to protect a…

The chief engineer, in the performance of duties under this title, may enter upon the lands of any person making appropriative use of the waters of the state after the chief engineer has made a reasonable attempt to notify the owner or possessor of the property of the entry. This…

46-2-3.1 Delegation of authority to chief engineer--Restrictions. 46-2-4 Attorneys to advise board--Employment of other counsel. 46-2-4.1 Attorneys to advise chief engineer. 46-2-5 Rules to establish procedures and practices of board. 46-2-6 46-2-6 , 46-2-7. Repealed by SL 1983, …

The Water Management Board may cooperate with agencies of the United States engaged in similar surveys and investigations and in construction of works for development and use of the water supply of the state, expending for those purposes any money available for the work of the bo…

A board of county commissioners may appropriate funds for the purpose of defraying the expense of having geologic or groundwater studies conducted within its county. Source: SL 1983, ch 314 , § 36.

The Water Management Board may not enforce limitations on domestic use of water from dry - draw dams complying with § 46-4-3 except in response to a written complaint from a person claiming interference with water permits or rights on the same watercourse. The dry - draw dam owne…

There is hereby established in the state treasury a subfund of the water and environment fund to be designated as the South Dakota well rehabilitation and plugging subfund. This subfund shall consist of all moneys, including legislative appropriations; interest on the well rehabi…

The Water Management Board member appointed as prehearing officer pursuant to § 1-41-15.3 may act on behalf of the board concerning prehearing motions, scheduling orders, and subpoenas. Any ruling of the prehearing officer may be appealed by the affected party to the board for a …

The secretary may employ a licensed engineer, trained or experienced in hydrology as chief engineer, and other personnel as may be necessary. The chief engineer shall act as adviser to the Water Management Board in all matters pertaining to the distribution and conservation of wa…

The Water Management Board may delegate to the chief engineer authority to act on its behalf concerning the quasi - judicial functions of interpreting, applying, and enforcing existing rules and laws and ordering action or abatement of action. The board may not delegate any other…

The attorney general shall assign one or more attorneys to advise the Water Management Board on legal matters and perform any and all legal duties necessary in connection with the board's work. The board may also employ other legal counsel. Source: SL 1955, ch 430 , § 1; SDC Supp…

The attorney general shall assign one or more attorneys to advise the chief engineer in the exercise of his duties. No attorney may represent both the Water Management Board and the chief engineer during a hearing by the board. Source: SL 1983, ch 314 , § 17.

The Water Management Board may promulgate rules pursuant to chapter 1-26 to: (1) Establish procedures for submitting applications; (2) Establish procedures and criteria for issuing, amending, renewing, qualifying, inspecting, reinstating, suspending, and cancelling permits, right…

The Water Management Board shall keep accurate minutes and records of its actions. The records shall show in full all permits and licenses issued, together with all related action, and all acts or decisions of the board affecting any rights or claims to appropriate water. Source:…

46-2-10

The Water Management Board, created in § 1-41-15 , may perform all the duties and carry out all the functions assigned to it by law and shall have general supervision of the waters of the state, including measurement, appropriation, and distribution thereof, and may exercise any …

The provisions of this chapter apply to any application for: (1) A permit to appropriate water; (2) An amendment of an existing permit or license, including change in use of water or change in place of use or diversion point of water; (3) A reservation for future use; (4) A permi…

A reservation for a future use may be approved only if there is a reasonable probability that unappropriated water is available for appropriation, that the quantity of water reserved will be needed by the entity and that the proposed use will be a beneficial use and in the public…

A permit for flood control works may be issued only if the project will reduce the damage from flooding or erosion in the area proposed to be benefited, the project will not increase the likelihood or the severity of flood damages in areas other than the project area or the area …

An amendment of an existing permit or license may be granted for a change in use, a change in point of diversion or other change only if the change does not unlawfully impair existing rights and is for a beneficial use and in the public interest. Source: SL 1983, ch 316 , § 21.

In the case of an application for a well driller license or a well pump installer license, the chief engineer may issue the license. If the chief engineer's recommendation is to deny the license or to defer the decision on the license, the chief engineer shall mail a copy of the …

Any application and permit to appropriate water shall refer to one water use system, the location of which shall be described in the application. Source: SL 1955, ch 430 , § 1; SL 1957, ch 490 , § 1; SDC Supp 1960, § 61.0110; SDCL, § 46-5-12 ; SL 1983, ch 316 , § 3; SL 1985, ch 3…

The date of receipt by the chief engineer of an application for any permit, license, or amendment under Title 46 shall be endorsed thereon. If the chief engineer determines that the application is defective in form or incomplete, it shall be returned to the applicant with a state…

Any claim for vested rights as defined in § 46-1-9 or 46-6-1 that has been accepted for filing by the chief engineer or Board of Water Management, prior to July 1, 1986, is eligible for validation. The chief engineer shall prepare a list based on the point of diversion of these v…

If a petition of intent to oppose the validation of a recognized vested water right claim is filed pursuant to § 46-2A-16 , the Board of Water Management shall hear and determine the matter de novo. Further published notice is not necessary, but the parties shall be notified of t…

Recognition or validation of a vested right under § 46-5-49 or 46-6-2 does not protect the water right from a claim of abandonment or forfeiture based upon acts occurring in whole or in part after the date of the board's recognition or validation. The entry of an order under § 46…

Any person claiming to be the owner of a right to appropriate water from any source for beneficial use other than domestic uses as defined in subdivision § 46-1-6(7), on property in the State of South Dakota which was located in the state of Nebraska prior to ratification and app…

Within sixty days of receipt of a completed application, the chief engineer shall recommend in writing approval, disapproval or deferral until further notice and shall schedule the application for hearing by the Water Management Board. The recommendation shall include any terms, …