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Administrative Rules
Rule 74:02:01:24 Application procedure for entities to appropriate water for future use.

          74:02:01:24.  Application procedure for entities to appropriate water for future use. An application to appropriate water for future use by those entities specified in SDCL 46-5-38 shall be on application forms furnished by the chief engineer. As far as practical, the application shall conform to the procedures contained in SDCL 46-2A-1 to 46-2A-13, inclusive, and with §§ 74:02:01:06 to 74:02:01:10, inclusive.

 

          Source: SL 1975, ch 16, § 1; transferred from § 52:01:01:22, 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 186, effective June 18, 1987; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 24 SDR 90, effective January 4, 1998.

          General Authority: SDCL 46-2-5.

          Law Implemented: SDCL 46-5-38.

 




Rule 74:02:01:24.01 Future use applications and future use permits limited.

          74:02:01:24.01.  Future use applications and future use permits limited. Future use applications and future use permits for entities without permits to use water shall be limited to the amount of water actually needed to cover the uses specified in the future use application or future use permit. The board may, at its discretion, limit future use applications and future use permits for entities with permits to use water to two times the annual amount actually put to beneficial use. Water reserved for irrigation use shall be the amount allowed by SDCL 46-5-6 and 46-5-6.1 and by §§ 74:02:01:05 and 74:02:01:05.01 unless a lesser amount is requested by the applicant or permit holder.

 

          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; 17 SDR 51, effective October 11, 1990.

          General Authority: SDCL 46-2-5.

          Law Implemented: SDCL 46-1-14, 46-2-9, 46-2-11, 46-5-38.

 




Rule 74:02:01:24.02 Submission of annual water use records.

          74:02:01:24.02.  Submission of annual water use records. The chief engineer may require that annual water use records be submitted by the applicant as part of a future use application or by the permit holder as part of the review of a future use permit.

 

          Source: 17 SDR 40, effective September 19, 1990.

          General Authority: SDCL 46-2-5.

          Law Implemented: SDCL 46-2-9, 46-2-11, 46-2-17, 46-5-11.

 

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