74:02:01:14.01.  Amendment of permits, rights, or vested rights. The chief engineer may require that a proposed amendment to a water permit, right, or vested right follow the applicable requirements of §§ 74:02:01:06 to 74:02:01:08.01, inclusive. Following review of the submitted information, the chief engineer may find that no application or publication is needed if the type of proposed amendment is in accordance with SDCL 46-5-13.1, 46-5-30.5, or 46-5-31.1.

          If the chief engineer makes a finding pursuant to SDCL 46-5-13.1 that a proposed diversion point location change or adding diversion points does not increase the potential for interference with existing diversions, the finding constitutes an additional finding that the proposed change will not increase the potential for adverse effects to existing water permits, rights, or vested rights.

          Source: 9 SDR 96, effective January 30, 1983; 10 SDR 27, effective September 26, 1983; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 15 SDR 158, effective April 23, 1989; 24 SDR 90, effective January 4, 1998.

          General Authority: SDCL 46-2-5.

          Law Implemented: SDCL 46-1-14, 46-2A-1, 46-5-11, 46-5-13, 46-5-13.1, 46-5-24, 46-5-25, 46-5-30.4, 46-5-30.5, 46-5-31, 46-5-31.1, 46-5-34, 46-5-34.1, 46-6-3.