74:02:01:35.01.  Application procedure for flood control permits. An applicant for a flood control permit shall complete an application on forms supplied by the chief engineer in accordance with §§ 74:02:01:06 to 74:02:01:10, inclusive. The application shall be considered pursuant to procedures in SDCL chapter 46-2A. An application for a flood control permit may include an appropriation of water depending on the type of project. If the application is contested, the board shall decide after a hearing if the application is to be approved. If the application is uncontested, the chief engineer may issue a flood control permit on behalf of the board pursuant to § 74:02:01:12.03.

          Source: 20 SDR 53, effective October 20, 1993.

          General Authority: SDCL 46-1-16, 46-2-3.1, 46-2-5, 46-5-11.

          Law Implemented: SDCL 46-1-14, 46-1-15, 46-1-16, 46-2-3.1, 46-2A-11, 46-2A-23, 46-5-10, 46-5-11, 46-5-47.