74:02:01:38.  Procedure for consideration of water permit, right, or vested right cancellations -- Contents of notice. If investigation by the chief engineer indicates a water permit, right, or vested right is invalid pursuant to § 74:02:01:37, the chief engineer shall prepare a recommendation to cancel. If the holder of an invalid permit, right, or vested right is not known following examination of known records, the chief engineer shall publish a notice of cancellation pursuant to SDCL 46-2A-4(1) to (9), as applicable, and SDCL 1-26-17.

          The chief engineer shall send the notice of cancellation by first class mail to the holder of the invalid permit, right, or vested right, if known, at least 27 days before the scheduled hearing.

          Source: SL 1975, ch 16, § 1; transferred from § 52:01:01:36, 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; 24 SDR 90, effective January 4, 1998.

          General Authority: SDCL 46-2-5.

          Law Implemented: SDCL 46-2-9, 46-2-17, 46-2A-2, 46-2A-4, 46-2A-5, 46-5-36, 46-5-37, 46-5-37.1.