State of South Dakota
LEGISLATIVE ASSEMBLY, 2019
||HOUSE BILL NO. 1239 |
Introduced by: Representatives Pourier, Bordeaux, McCleerey, Smith (Jamie), and Sullivan and Senators Foster, Heinert, and Wismer
FOR AN ACT ENTITLED, An Act to revise certain provisions regarding temporary permits for the use of public water.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 46-5-40.1 be amended to read:
46-5-40.1. The Water Management Board may promulgate rules to authorize the chief engineer to issue temporary permits for the use of public water for construction, testing, or drilling purposes. No temporary permit is valid after December thirty-one of the year in which the permit is issued. No temporary permit may be issued if the permit interferes with or adversely affects prior appropriations or vested rights. A temporary permit shall contain qualifications and limitations necessary to protect the public interest. The issuance of a temporary permit is permission to use public water on a temporary basis and does not grant any water rights.
The chief engineer shall schedule an application for a temporary permit for the use of public water for hearing by the Water Management Board when requested by a state agency, county or municipal government, or federally recognized Indian tribe government with an interest in
the water to be used or whenever it appears that the temporary permit may interfere with or adversely affect prior appropriations or vested rights. The hearing shall be held in the county or municipality where the public water is to be used.