74:02:01:03. Uses of water which require a permit. A water permit or right is required for all beneficial uses of water except for:
(1) Validated vested right claims;
(2) Water distribution systems diverting 18 gallons per minute or less;
(3) Domestic uses not exceeding reasonable domestic use; and
(4) Livestock uses within a confinement operation not exceeding reasonable domestic use or stock watering outside of a confinement operation.
A privately-owned water system supplying multiple domestic uses as defined by SDCL 46-1-6(7) requires a water permit or right if the combined water usage exceeds reasonable domestic use.
A water permit is not required to construct a dam or dugout on either a dry draw as defined by SDCL 46-1-6(8) or a nonnavigable watercourse if the dam or dugout stores 25 acre-feet or less of water. Diversion of water from any dam or dugout requires a water permit or right unless exempted from permitting by this section.
A water permit is required to construct a dam across a navigable watercourse for any purpose. A water permit is required to construct a dam or dugout on either a dry draw or nonnavigable watercourse if the dam or dugout stores more than 25 acre-feet of water.
Source: SL 1975, ch 16, § 1; transferred from § 52:01:01:03, 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; 15 SDR 158, effective April 23, 1989; 17 SDR 103, effective January 22, 1991; 20 SDR 53, effective October 20, 1993; 39 SDR 37, effective September 10, 2012.
General Authority: SDCL 46-2-5.
Law Implemented: SDCL 46-1-5, 46-1-6(3), 46-1-6(7), 46-1-6(13), 46-2-9, 46-2-11, 46-4-1, 46-4-1.1, 46-5-1, 46-5-1.1, 46-5-2, 46-5-3, 46-5-8, 46-5-9, 46-5-10.
74:02:01:03.01. Adding connections to a water distribution system. The addition of connections to a water distribution system does not require an application for a water permit if there is no increase in the authorized and developed diversion rate and the connections are within or contiguous to the service area of the system. A new water permit is required to connect a separate water distribution system, located within or outside of the system area, to the water distribution system.
Source: 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 46-1-6(17), 46-5-8.2, 46-5-9, 46-5-10.
74:02:01:03.02. Certain water use systems not water distribution systems. Repealed.
Source: 15 SDR 158, effective April 23, 1989; 20 SDR 53, effective October 20, 1993; repealed, 39 SDR 37, effective September 10, 2012.
