74:55:01:24.  Designation of exempted aquifers. The board may exempt an aquifer or a portion of an aquifer and designate it as an exempted aquifer if it meets the following criteria:

          (1)  It does not currently serve as a source of drinking water; and

          (2)  It cannot now and will not in the future serve as an underground source of drinking water for any of the following reasons:

               (a)  It produces minerals, hydrocarbons, or geothermal energy, or can be demonstrated by a permit applicant as part of a permit application for an in situ leach mine to contain minerals or hydrocarbons that considering their quantity and location are expected to be commercially producible;

               (b)  It is situated at a depth or location that makes recovery of water for drinking water purposes economically or technologically impractical;

               (c)  It is so contaminated that it would be economically or technologically impractical to render the water fit for human consumption; or

               (d)  It is located over an injection well mining area subject to subsidence or catastrophic collapse; or

          (3)  The total dissolved solids content of the ground water is more than 3,000 and less than 10,000 milligrams per liter and it is not reasonably expected to supply a public water system.

          Source: 8 SDR 71, effective December 24, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:03:11:24, July 1, 1996; 34 SDR 279, effective May 12, 2008.

          General Authority: SDCL 34A-2-93(15).

          Law Implemented: SDCL 34A-2-10, 34A-2-11.