74:02:01:20. Procedure for filing vested right claim. The chief engineer shall furnish an application and instructions for filing a vested right claim to either surface or ground water as allowed by SDCL 46-5-49 and 46-6-2. The claimant must complete a legible application and submit the application to the chief engineer along with the applicable filing fee required in SDCL 46-2-13. The claimant must file a map with the application and the claimant's name or the name of the claimant's legal agent must be on the application. A claimant or a representative of the claimant may confer with the chief engineer regarding preparation of a vested right claim.
Source: SL 1975, ch 16, § 1; transferred from § 52:01:01:18, effective July 1, 1979; 9 SDR 96, effective January 30, 1983; 10 SDR 27, effective September 26, 1983; 13 SDR 49, effective October 27, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 20 SDR 53, effective October 20, 1993; 39 SDR 37, effective September 10, 2012.
General Authority: SDCL 46-2-5.
Law Implemented: SDCL 46-1-9, 46-1-10, 46-2-3.1, 46-5-49, 46-6-1, 46-6-2.
74:02:01:20.01. Chief engineer's investigation of vested right claims. The chief engineer may investigate the uses claimed in the vested right application to determine from existing records, affidavits, and other available data the existence, scope, continuity of use, and date of construction of the water use system. The chief engineer may present the results of an investigation to the board at the time of the hearing on the application.
Source: 9 SDR 96, effective January 30, 1983; 13 SDR 49, effective October 27, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 20 SDR 53, effective October 20, 1993.
General Authority: SDCL 46-2-5.
Law Implemented: SDCL 46-1-9, 46-1-10, 46-2-17, 46-5-49, 46-6-1, 46-6-2.
