CHAPTER 74:02:01
GENERAL RULES
Section
74:02:01:01 Definitions.
74:02:01:01.01 Public recreation areas defined.
74:02:01:01.02 Confinement operation defined.
74:02:01:02 Water management board -- Annual meeting -- Quorum.
74:02:01:03 Uses of water which require a permit.
74:02:01:03.01 Adding connections to a water distribution system.
74:02:01:03.02 and 74:02:01:04 Repealed.
74:02:01:05 Criteria for establishing Missouri River irrigation rates.
74:02:01:05.01 Volume of Missouri River water applied to the land.
74:02:01:05.02 Registration of domestic well.
74:02:01:05.03 Volume of water for nonirrigation water permit or right or nonirrigation vested right.
74:02:01:06 Application for water permit furnished by chief engineer -- Method of completion -- Fee required.
74:02:01:07 Map required with water permit application.
74:02:01:07.01 Repealed.
74:02:01:08 Supplemental forms required when system includes wells, dugouts, or water storage dams.
74:02:01:08.01 Driller's log required.
74:02:01:09 Repealed.
74:02:01:10 Numbering of applications.
74:02:01:11 and 74:02:01:12 Repealed.
74:02:01:12.01 Additional information for water permit application hearing.
74:02:01:12.02 Waiver of right to receive notice and other materials.
74:02:01:12.03 Delegation of authority to chief engineer to issue uncontested permits.
74:02:01:12.04 Deadline to file petitions.
74:02:01:12.05 Procedure to contest chief engineer's recommendation.
74:02:01:12.06 Published date of hearing.
74:02:01:13 Repealed.
74:02:01:13.01 Submission of proposed findings of fact, conclusions of law, and final decision -- Comments.
74:02:01:13.02 Signing of findings of fact, conclusions of law, and final decision -- Valid permit.
74:02:01:14 Approved applications to contain qualifications -- Authority to proceed with construction.
74:02:01:14.01 Amendment of permits, rights, or vested rights.
74:02:01:14.02 Mandatory requirement to submit irrigation water use report -- Exception.
74:02:01:15 Procedure for rejection of applications.
74:02:01:15.01 Repealed.
74:02:01:15.02 Applications to appropriate water in excess of 10,000 acre feet annually.
74:02:01:15.03 Procedures for applications to appropriate water in excess of 10,000 acre feet annually.
74:02:01:15.04 Board action on applications to appropriate water in excess of 10,000 acre feet annually.
74:02:01:15.05 Board action after legislative action.
74:02:01:16 Inspection reports of construction and application of water to be maintained.
74:02:01:16.01 Combining permits into one license.
74:02:01:17 to 74:02:01:19 Repealed.
74:02:01:20 Procedure for filing vested right claim.
74:02:01:20.01 Chief engineer's investigation of vested right claims.
74:02:01:21 Application procedure for vested right claim -- Validation of claim.
74:02:01:22 Issuance of water license for vested right claims.
74:02:01:23 Repealed.
74:02:01:24 Application procedure for entities to appropriate water for future use.
74:02:01:24.01 Future use applications and future use permits limited.
74:02:01:24.02 Submission of annual water use records.
74:02:01:25 Board to act on future use application by entity -- Authorized qualifications.
74:02:01:25.01 Future use permit review -- Recommendation and scheduling for review.
74:02:01:25.02 Notice of review of future use permit.
74:02:01:25.03 Publication of notice of future use permit review.
74:02:01:26 Repealed.
74:02:01:26.01 Reinstating amount of water not developed.
74:02:01:27 to 74:02:01:31 Repealed.
74:02:01:32 Applications for temporary permit -- Telephone requests.
74:02:01:33 Information required for temporary permits.
74:02:01:34 Chief engineer authorized to issue temporary permits.
74:02:01:34.01 Rescission of temporary permits by chief engineer.
74:02:01:34.02 Appeal of rescission of temporary permit to board.
74:02:01:35 Repealed.
74:02:01:35.01 Application procedure for flood control permits.
74:02:01:35.02 Inspection of flood control works -- Licensing.
74:02:01:36 Board authorized to cancel invalid water permits, rights, or vested rights.
74:02:01:37 Invalid water permit, right, or vested right defined.
74:02:01:37.01 Legal excuse for nonuse of water.
74:02:01:37.02 Exceptions to nonuse of water.
74:02:01:38 Procedure for consideration of water permit, right, or vested right cancellations -- Contents of notice.
74:02:01:39 Repealed.
74:02:01:40 Action by board -- Minutes to show reasons for cancellation.
74:02:01:40.01 Cancellation of irrigation location notice -- Retention as stock water location notice.
74:02:01:41 Holders to be notified of cancellation action -- Notice by publication.
74:02:01:42 Application for well driller license -- License representative to be designated.
74:02:01:42.01 Types of water use wells.
74:02:01:42.02 Requirements for all well driller license applications.
74:02:01:42.03 Documentation of experience required for new license applications.
74:02:01:42.04 Application requirements for renewal of a well driller license.
74:02:01:42.05 Deadline for renewal of license.
74:02:01:42.06 New license representative or licensing for additional well types.
74:02:01:42.07 License renewals after March 31, 1983.
74:02:01:42.08 Criteria for continuing education for a well driller license.
74:02:01:42.09 Examination required.
74:02:01:43 Repealed.
74:02:01:43.01 Chief engineer authorized to delay issuance of license.
74:02:01:43.02 Board authorized to revoke license when unauthorized well types drilled.
74:02:01:43.03 Well driller license representative -- Activity limitation.
74:02:01:43.04 Application for well pump installer license -- License representative to be designated.
74:02:01:43.05 Requirements for all well pump installer license applications.
74:02:01:43.06 Documentation of experience required for new license application.
74:02:01:43.07 Application requirements for renewal of a well pump installer license.
74:02:01:43.08 Deadline for renewal of license.
74:02:01:43.09 New license representative.
74:02:01:43.10 Well pump installer license representative -- Activity limitation.
74:02:01:43.11 Continuing education requirements.
74:02:01:43.12 Criteria for continuing education for well pump installer license.
74:02:01:44 Applications for filing location notices for dams.
74:02:01:45 Repealed.
74:02:01:46 Request to board for declaratory ruling -- Petition contents.
74:02:01:47 Timely consideration by board.
74:02:01:48 Petitioner to notify all affected persons.
74:02:01:49 Declaratory rulings -- Appeal.
74:02:01:50 Outlet elevation -- Inclusion in existing water rights or permits.
74:02:01:51 Request to determine high or low water mark -- Contents.
74:02:01:52 Publication of the notice to determine high or low water mark.
74:02:01:01. Definitions. Terms defined in SDCL 43-17-20, 46-1-6, 46-1-9, and 46-6-1 have the same meaning when used in this article. In addition, terms used in this article mean:
(1) "Commercial use," water use supplied from other than a common water distribution system to a business such as a truckstop; tourist attraction; eating, drinking, or lodging establishment; commercial campground; convenience store; implement business; salvage business; or any other business or to a livestock confinement operation that exceeds reasonable domestic use;
(2) "Contact hour," a minimum of 50 minutes of lecture, demonstration, workshop, or training excluding coffee breaks, registration, meals, or social activities;
(3) "Dam," as used in chapter 74:02:01, an artificial barrier, including appurtenant works, which impounds or diverts water;
(4) "Dugout," a man-made excavation below the ground surface that is used for storing water;
(5) "Irrigation," the artificial application of water for the purpose of supplying sufficient moisture for plant growth. Disposal of contaminated water is not considered to be irrigation unless other water is used along with the contaminated water;
(6) "Livestock," domestic and other farm or ranch animals;
(7) "Reasonable domestic use," the use of 25,920 gallons of water per day or less as necessary for domestic purposes, with a maximum pumping rate of 25 gallons per minute;
(8) "Stock watering," watering of livestock.
Source: SL 1975, ch 16, § 1; transferred from § 52:01:01:01, 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; 15 SDR 158, effective April 23, 1989; 17 SDR 103, effective January 22, 1991; 20 SDR 53, effective October 20, 1993; 24 SDR 90, effective January 4, 1998; 28 SDR 157, effective May 16, 2002; 39 SDR 37, effective September 10, 2012.
General Authority: SDCL 46-2-5.
Law Implemented: SDCL 46-1-2, 46-1-6(3), 46-1-6(7), 46-1-6(13), 46-5-8.
74:02:01:01.01. Public recreation areas defined. "Public recreation areas," as used in SDCL 46-1-6(7), means campgrounds, parks, roadside rest areas, and other publicly owned recreation areas that are open to the public and golf courses that are open to the public.
Source: 15 SDR 158, effective April 23, 1989; 20 SDR 53, effective October 20, 1993.
General Authority: SDCL 46-2-5.
Law Implemented: SDCL 46-1-6(7).
74:02:01:01.02. Confinement operation defined. "Confinement operation," as used in SDCL 46-1-6(7) and this chapter, means any housing of livestock within a building, feedlot, pen or barnyard.
Source: 39 SDR 37, effective September 10, 2012.
General Authority: SDCL 46-2-5.
Law Implemented: SDCL 46-1-6(7).
74:02:01:02. Water management board -- Annual meeting -- Quorum. Annual meetings of the board for the election of officers for the ensuing year and the transaction of other business shall be held at the first regular meeting of each fiscal year. Four members of the board shall constitute a quorum for conducting business.
Source: SL 1975, ch 16, § 1; transferred from § 52:01:01:02, effective July 1, 1979; 9 SDR 96, effective January 30, 1983; 10 SDR 27, effective September 26, 1983; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 39 SDR 37, effective September 10, 2012.
General Authority: SDCL 46-2-5.
Law Implemented: SDCL 1-40-17 to 1-40-19, 46-2-9, 46-4-8.
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.
74:02:01:04. Appropriation of irrigation water from the Missouri River not to exceed rate set by board.Repealed.
Source: 3 SDR 19, effective September 16, 1976; transferred from § 52:01:01:03.01, effective July 1, 1979; repealed, 9 SDR 96, effective January 30, 1983.
74:02:01:05. Criteria for establishing Missouri River irrigation rates. When appropriating Missouri River water for irrigation, the amount shall be one cubic foot per second for each 70 acres; however, the board may approve additional amounts to make up for anticipated losses from evaporation, seepage, and other delivery system losses.
Source: 3 SDR 19, effective September 16, 1976; transferred from § 52:01:01:03.02, effective July 1, 1979; 9 SDR 96, effective January 30, 1983; 13 SDR 49, effective October 27, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987.
General Authority: SDCL 46-2-5.
Law Implemented: SDCL 46-5-6, 46-5-6.1.
74:02:01:05.01. Volume of Missouri River water applied to the land. The amount of Missouri River water applied to the land shall be limited to two acre feet per acre annually at the point of field application. However, if the applicant presents data showing that the type of irrigation system to be used or the soil conditions warrant additional water, the board may allow up to three acre feet annually.
Source: 9 SDR 96, effective January 30, 1983; 13 SDR 49, effective October 27, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987.
General Authority: SDCL 46-2-5.
Law Implemented: SDCL 46-5-6, 46-5-6.1.
74:02:01:05.02. Registration of domestic well. The form for registering a domestic well shall be furnished by the chief engineer upon request. The completed form must include the name of the well owner and must be legible. The required fee, a water quality analysis, and a well driller's report of the well construction must be submitted with the form to the chief engineer. Registration is limited to those wells that have been constructed in compliance with the adequate well requirements of chapter 74:02:04.
Source: 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; 39 SDR 37, effective September 10, 2012.
General Authority: SDCL 46-2-5.
Law Implemented: SDCL 46-2-3.1, 46-5-8.
74:02:01:05.03. Volume of water for nonirrigation water permit or right or nonirrigation vested right. The total annual volume of water withdrawn for a nonirrigation water permit or right or a nonirrigation vested right is limited only by the authorized and developed diversion rate and not by the actual volume of water withdrawn annually. However, the board may limit the annual volume by qualification of the water permit or right or the vested right. If the owner diverts less than the authorized diversion rate for a period of three years, the chief engineer may reduce the authorized diversion rate to the lower diversion rate.
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 46-1-14, 46-2-9, 46-2-11, 46-5-13.
74:02:01:06. Application for water permit furnished by chief engineer -- Method of completion – Fee required. An application for a water permit and instruction sheet shall be furnished by the chief engineer upon request. The completed application submitted to the chief engineer must be legible and include the name of the applicant or applicant's legal agent. Supplements may be attached if there is not sufficient space on the forms. The applicant may confer with the chief engineer on questions concerning preparation of the application. The fee required by SDCL 46-2-13 must be submitted with the application unless the applicant is a governmental entity. Fees from governmental entities may be submitted after an application, but must be submitted prior to issuance of the permit.
Source: SL 1975, ch 16, § 1; transferred from § 52:01:01:04, 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; 39 SDR 37, effective September 10, 2012.
General Authority: SDCL 46-2-5.
Law Implemented: SDCL 46-2-13, 46-5-10, 46-5-11, 46-6-3.
74:02:01:07. Map required with water permit application. In addition to the requirements of § 74:02:01:06, a map shall be submitted as part of the application. The map shall clearly show the location of the diversion point or points and, in the case of irrigation, outline the lands to be irrigated. To more fully and clearly outline the content of an application, an adequate map may also be required to include the following at the chief engineer's discretion:
(1) Not be smaller than 8 by 11 inches or larger than 24 by 35 inches;
(2) Show the location of the diversion point in relation, by direction and distance, to a corner of a government surveyed section or quarter-section. The diversion point is the place where water is taken from a stream, well, pond, or other water supply;
(3) For a proposed water diversion from a stream, show the stream location and name;
(4) For a proposed water diversion from a reservoir, show the water line at the outlet elevation and at maximum pool, the lands inundated and their owners, and the capacity of the reservoir at the outlet elevation;
(5) Provide the names of the landowners associated with the location of the diversion point or points and any land to be irrigated; and
(6) Have the section, township, and range or the subdivision, block, and lot properly notated so that the legal description for all land shown on the map can be clearly ascertained.
Source: SL 1975, ch 16, § 1; transferred from § 52:01:01:05, 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; 39 SDR 37, effective September 10, 2012.
General Authority: SDCL 46-2-5, 46-5-11.
Law Implemented: SDCL 46-5-11.
74:02:01:07.01. Changes in points of diversion allowable by chief engineer.Repealed.
Source: 9 SDR 96, effective January 30, 1983; repealed, 13 SDR 49, effective October 27, 1986.
74:02:01:08. Supplemental forms required when system includes wells, dugouts, or water storage dams. In addition to the requirements of § 74:02:01:06, when the proposed water use system includes wells, dugouts, or water storage dams, supplemental information on the depth and character of the groundwater, amount of storage and other pertinent data shall accompany the application for a water permit. Forms for reporting the necessary supplemental information will be supplied by the chief engineer upon request.
Source: SL 1975, ch 16, § 1; transferred from § 52:01:01:06, effective July 1, 1979; 9 SDR 96, effective January 30, 1983; 10 SDR 27, effective September 26, 1983; 13 SDR 129, 13 SDR 141, effective July 1, 1987.
General Authority: SDCL 46-2-5.
Law Implemented: SDCL 46-2-3.1, 46-5-11.
74:02:01:08.01. Driller's log required. If diversion is to be from a well, a log of the well or test hole shall be completed by a licensed well driller pursuant to § 74:02:04:65 and submitted with the application. If it is not practical to drill test holes for a well or if existing geologic information is available as determined by the chief engineer, an estimate of the depth of the well must accompany the application. An "as built" driller's report of well construction shall be sent to the chief engineer within 30 days after completion of the well.
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; 39 SDR 37, effective September 10, 2012.
General Authority: SDCL 46-2-5.
Law Implemented: SDCL 46-6-11.
74:02:01:09. Forms required showing soil-water compatibility approval of conservation commission for irrigation.Repealed.
Source: SL 1975, ch 16, § 1; transferred from § 52:01:01:07, 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; repealed, 24 SDR 90 , effective January 4, 1998.
74:02:01:10. Numbering of applications. Before the publication notice is prepared, an application received by the chief engineer shall be assigned a number which will be used in all official correspondence.
Source: SL 1975, ch 16, § 1; transferred from § 52:01:01:08, 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; 39 SDR 37, effective September 10, 2012.
General Authority: SDCL 46-2-5, 46-5-11.
Law Implemented: SDCL 46-2-3.1, 46-2A-15.
74:02:01:11. Notice of hearing on application required -- Contents.Repealed.
Source: SL 1975, ch 16, § 1; transferred from § 52:01:01:09, effective July 1, 1979; 9 SDR 96, effective January 30, 1983; repealed, 10 SDR 27, effective September 26, 1983.
74:02:01:12. Publication of notices -- Responsibility of applicants -- Costs.Repealed.
Source: SL 1975, ch 16, § 1; transferred from § 52:01:01:10, effective July 1, 1979; 9 SDR 96, effective January 30, 1983; repealed, 10 SDR 27, effective September 26, 1983.
74:02:01:12.01. Additional information for water permit application hearing. If a mining permit, discharge permit, or any other permit is required in addition to a water permit, pertinent information including conceptual design parameters relevant to the water permit and required for the other permits, must be available for the water permit application hearing if required by the board or chief engineer.
Source: 15 SDR 158, effective April 23, 1989.
General Authority: SDCL 46-2-5.
Law Implemented: SDCL 46-2-11, 46-5-11.
74:02:01:12.02. Waiver of right to receive notice and other materials. Any person filing a petition to participate in a hearing before the board who does not attend the hearing waives the right to receive further notices and other materials pertaining to the hearing, unless the petitioner makes a written request to the chief engineer to receive further notices and other materials.
Source: 17 SDR 40, effective September 19, 1990.
General Authority: SDCL 46-2-5.
Law Implemented: SDCL 1-26-18, 46-2-5.
74:02:01:12.03. Delegation of authority to chief engineer to issue uncontested permits. If no petition in opposition is filed pursuant to § 74:02:01:12.04, the chief engineer may issue permits on behalf of the board pursuant to SDCL 46-1-16, 46-2-3.1, 46-2A-23, and 46-5-6.11. A permit may be issued no sooner than 15 days after the publication required by SDCL 46-2A-4. Petitions filed in support of an application will not result in a hearing before the board; however, the petitioner must receive notice if a hearing is held before the board.
Source: 17 SDR 51, effective October 11, 1990; 20 SDR 53, effective October 20, 1993; 39 SDR 37, effective September 10, 2012.
General Authority: SDCL 46-1-16, 46-2-3.1, 46-2-5.
Law Implemented: SDCL 46-1-14, 46-1-16, 46-2-3.1, 46-2-9, 46-2-11, 46-2-17, 46-2A-4, 46-2A-23, 46-5-6.11, 46-6-26.
74:02:01:12.04. Deadline to file petitions. Petitions filed pursuant to SDCL 46-2A-4(4) or 46-2A-23 to oppose or support an application must be served by first class mail or personally delivered to the chief engineer's office and the applicant. Mail must be postmarked or personal delivery must occur at least 10 days before the published date of hearing pursuant to SDCL 46-2A-4 or within 10 days after the published notice pursuant to SDCL 46-2A-23. If the tenth day is a Saturday, Sunday, or legal holiday, petitions must be postmarked or personally delivered to the chief engineer's office and the applicant by the next working day.
Source: 17 SDR 51, effective October 11, 1990; 20 SDR 53, effective October 20, 1993; 39 SDR 37, effective September 10, 2012.
General Authority: SDCL 46-2-5.
Law Implemented: SDCL 46-2A-4, 46-2A-23.
74:02:01:12.05. Procedure to contest chief engineer's recommendation. If the applicant for a permit contests the chief engineer's recommendation, the applicant must file a petition in accordance with SDCL 46-2A-4 to 46-2A-6, inclusive, 46-2A-23, and § 74:02:01:12.04.
Source: 17 SDR 51, effective October 11, 1990; 20 SDR 53, effective October 20, 1993.
General Authority: SDCL 46-1-16, 46-2-3.1, 46-2-5.
Law Implemented: SDCL 46-1-16, 46-2A-4, 46-2A-23, 46-5-6.11.
74:02:01:12.06. Published date of hearing. For purposes of allowing the chief engineer to issue permits pursuant to SDCL 46-1-16 and 46-5-6.11 and to meet publication requirements, any day that is not a Saturday, Sunday, or legal holiday may be designated by the secretary of the Department of Agriculture and Natural Resources as a board meeting date. The published date of hearing for applications must be at least 20 days after the publication of the notice. The published notice must include a statement that the hearing may be rescheduled if a petition opposing the application is received or the chief engineer's recommendation is contested.
Source: 17 SDR 51, effective October 11, 1990; 39 SDR 37, effective September 10, 2012; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021.
General Authority: SDCL 46-1-16, 46-2-3.1, 46-2-5.
Law Implemented: SDCL 1-40-18, 46-1-16, 46-2A-4, 46-2A-5, 46-5-6.11.
74:02:01:13. Authorized actions of board on water permit applications.Repealed.
Source: SL 1975, ch 16, § 1; transferred from § 52:01:01:11, effective July 1, 1979; 9 SDR 96, effective January 30, 1983; repealed, 10 SDR 27, effective September 26, 1983.
74:02:01:13.01. Submission of proposed findings of fact, conclusions of law, and final decision -- Comments. The board may, in its discretion, direct either its attorney or the prevailing party to propose findings of fact, conclusions of law, and a final decision for its consideration. Unless otherwise directed by the board, the proposal shall be mailed to the board members and to the parties not less than 20 days before the next regularly scheduled board meeting. Objections to the proposal and alternative proposals may be submitted in writing and shall be mailed to the board members and the parties not less than 10 days before the meeting, unless otherwise directed.
Source: 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.
General Authority: SDCL 46-2-5.
Law Implemented: SDCL 46-2A-7.
74:02:01:13.02. Signing of findings of fact, conclusions of law, and final decision -- Valid permit. The permit is valid from the date findings of fact, conclusions of law, and a final decision are signed by the chairman, if required by the board, or the date the permit is signed by the chief engineer, whichever is sooner.
Source: 13 SDR 49, effective October 27, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987.
General Authority: SDCL 46-2-5.
Law Implemented: SDCL 46-2A-7.
74:02:01:14. Approved applications to contain qualifications -- Authority to proceed with construction. Approved applications must contain all qualifications passed by the board, contain a statement indicating the priority date and the time limits within which construction must be completed and the water put to beneficial use, and be signed by the chief engineer. A copy of the permit shall be sent to the applicant. The permit constitutes authority for the applicant to proceed with the construction of the works and to apply the water to beneficial use as specified in the permit.
Source: SL 1975, ch 16, § 1; transferred from § 52:01:01:12, 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.
General Authority: SDCL 46-2-5, 46-5-11.
Law Implemented: SDCL 46-2A-7, 46-2A-9, 46-6-3.
74:02:01:14.01. Amendment of permits, rights, or vested rights. The chief engineer may require that a proposed amendment to a water permit, right, or vested right follow the applicable requirements of §§ 74:02:01:06 to 74:02:01:08.01, inclusive. Following review of the submitted information, the chief engineer may find that no application or publication is needed if the type of proposed amendment is in accordance with SDCL 46-5-13.1, 46-5-30.5, or 46-5-31.1.
If the chief engineer makes a finding pursuant to SDCL 46-5-13.1 that a proposed diversion point location change or adding diversion points does not increase the potential for interference with existing diversions, the finding constitutes an additional finding that the proposed change will not increase the potential for adverse effects to existing water permits, rights, or vested rights.
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; 24 SDR 90, effective January 4, 1998.
General Authority: SDCL 46-2-5.
Law Implemented: SDCL 46-1-14, 46-2A-1, 46-5-11, 46-5-13, 46-5-13.1, 46-5-24, 46-5-25, 46-5-30.4, 46-5-30.5, 46-5-31, 46-5-31.1, 46-5-34, 46-5-34.1, 46-6-3.
74:02:01:14.02. Mandatory requirement to submit irrigation water use report -- Exception. Except for owners of water spreading systems, all irrigation permit or right owners or their authorized agents shall report annually to the chief engineer the amount of water used for irrigation. The chief engineer shall provide a form for reporting water use.
Source: 9 SDR 96, effective January 30, 1983; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 15 SDR 158, effective April 23, 1989; 39 SDR 37, effective September 10, 2012.
General Authority: SDCL 46-2-5.
Law Implemented: SDCL 46-2-11.
74:02:01:15. Procedure for rejection of applications. If the board votes to reject an application for a water permit, the applicant shall be notified and an explanation or the reasons shall be given. The applicant shall be informed of the right to appeal the board's action as provided in SDCL 1-26.
Source: SL 1975, ch 16, § 1; transferred from § 52:01:01:13, effective July 1, 1979; 9 SDR 96, effective January 30, 1983; 10 SDR 27, effective September 26, 1983; 13 SDR 129, 13 SDR 141, effective July 1, 1987.
General Authority: SDCL 46-2-5, 46-5-11.
Law Implemented: SDCL 1-26-30, 1-26-30.2, 46-2A-7, 46-6-3, 46-6-3.1.
74:02:01:15.01. Applications for withdrawn water source.Repealed.
Source: 9 SDR 96, effective January 30, 1983; repealed, 10 SDR 27, effective September 26, 1983.
74:02:01:15.02. Applications to appropriate water in excess of 10,000 acre feet annually. Applications to appropriate water in excess of 10,000 acre feet annually shall be submitted to the board by following the procedures in § 74:02:01:15.03, prior to submission of the application by the board to the Legislature for approval. This rule applies to applications to appropriate water as required by SDCL 46-1-15, 46-5-9, 46-5-10, and to applications for appropriation of water for future use as provided in SDCL 46-5-38.
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.
General Authority: SDCL 46-2-5.
Law Implemented: SDCL 46-5-20.1.
74:02:01:15.03. Procedures for applications to appropriate water in excess of 10,000 acre feet annually. Applications to appropriate water in excess of 10,000 acre feet annually shall be made upon application forms furnished by the chief engineer. As far as practical, such applications shall conform to the procedures contained in SDCL 46-5-10 to 46-5-21.1, inclusive.
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.
General Authority: SDCL 46-2-5.
Law Implemented: SDCL 46-2-3.1, 46-5-11, 46-5-20.1.
74:02:01:15.04. Board action on applications to appropriate water in excess of 10,000 acre feet annually. The board, after a hearing on an application to appropriate water in excess of 10,000 acre feet annually, by majority vote, shall submit the application and a summary of the hearing testimony, with or without recommendation, to the Legislature for approval.
Source: 9 SDR 96, effective January 30, 1983; 13 SDR 129, 13 SDR 141, effective July 1, 1987.
General Authority: SDCL 46-2-5.
Law Implemented: SDCL 46-5-20.1.
74:02:01:15.05. Board action after legislative action. After approval by the Legislature, the board shall schedule a time and place for final consideration of the application. Disapproval by the Legislature constitutes disapproval by the board and no further action need be taken by the board.
Source: 9 SDR 96, effective January 30, 1983; 13 SDR 129, 13 SDR 141, effective July 1, 1987.
General Authority: SDCL 46-2-5.
Law Implemented: SDCL 46-5-20.1.
74:02:01:16. Inspection reports of construction and application of water to be maintained. The findings of the inspections made pursuant to SDCL 46-5-30 for the completion of construction of works and application of water to beneficial use shall be set forth in a written report, and the report shall be made a part of the water permit or right files maintained by the chief engineer.
Source: SL 1975, ch 16, § 1; transferred from § 52:01:01:14, effective July 1, 1979; 9 SDR 96, effective January 30, 1983; 10 SDR 27, effective September 26, 1983; 13 SDR 129, 13 SDR 141, effective July 1, 1987.
General Authority: SDCL 46-2-5, 46-5-11.
Law Implemented: SDCL 46-5-30, 46-5-30.1, 46-5-30.2, 46-6-3.
74:02:01:16.01. Combining permits into one license.When inspecting systems that are covered by more than one permit or right, the applicable portions of all permits or rights and priority dates may be incorporated into one water license under the number of the latest permit issued.
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.
General Authority: SDCL 46-2-5.
Law Implemented: SDCL 46-5-30, 46-5-30.1, 46-5-30.2.
74:02:01:17. Issuance of certificates of completion of works and of water licenses -- Payment of fees required.Repealed.
Source: SL 1975, ch 16, § 1; transferred from § 52:01:01:15, effective July 1, 1979; 9 SDR 96, effective January 30, 1983; repealed, 10 SDR 27, effective September 26, 1983.
74:02:01:18. Definition of "vested right."Repealed.
Source: SL 1975, ch 16, § 1; transferred from § 52:01:01:16, effective July 1, 1979; repealed, 9 SDR 96, effective January 30, 1983.
74:02:01:19. Filing of vested right claims.Repealed.
Source: SL 1975, ch 16, § 1; transferred from § 52:01:01:17, effective July 1, 1979; 9 SDR 96, effective January 30, 1983; repealed, 13 SDR 49, effective October 27, 1986.
74:02:01:20. Procedure for filing vested right claim. The chief engineer shall furnish an application and instructions for filing a vested right claim to either surface or ground water as allowed by SDCL 46-5-49 and 46-6-2. The claimant must complete a legible application and submit the application to the chief engineer along with the applicable filing fee required in SDCL 46-2-13. The claimant must file a map with the application and the claimant's name or the name of the claimant's legal agent must be on the application. A claimant or a representative of the claimant may confer with the chief engineer regarding preparation of a vested right claim.
Source: SL 1975, ch 16, § 1; transferred from § 52:01:01:18, 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; 20 SDR 53, effective October 20, 1993; 39 SDR 37, effective September 10, 2012.
General Authority: SDCL 46-2-5.
Law Implemented: SDCL 46-1-9, 46-1-10, 46-2-3.1, 46-5-49, 46-6-1, 46-6-2.
74:02:01:20.01. Chief engineer's investigation of vested right claims. The chief engineer may investigate the uses claimed in the vested right application to determine from existing records, affidavits, and other available data the existence, scope, continuity of use, and date of construction of the water use system. The chief engineer may present the results of an investigation to the board at the time of the hearing on the application.
Source: 9 SDR 96, effective January 30, 1983; 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 46-1-9, 46-1-10, 46-2-17, 46-5-49, 46-6-1, 46-6-2.
74:02:01:21. Application procedure for vested right claim -- Validation of claim. As far as practicable, the vested right claim application must conform to the procedures contained in SDCL 46-2A-1 to 46-2A-7, inclusive, and with §§ 74:02:01:06 to 74:02:01:10, inclusive. If the vested right claim is contested, the board shall decide by majority vote after a hearing if the claim is to be validated. If the claim is uncontested, the chief engineer may issue the validated vested right on behalf of the board pursuant to § 74:02:01:12.03. The board or chief engineer may return the application to the claimant for additional information to support the claim.
Source: SL 1975, ch 16, § 1; transferred from § 52:01:01:19, effective July 1, 1979; 9 SDR 96, effective January 30, 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; 20 SDR 53, effective October 20, 1993.
General Authority: SDCL 46-1-16, 46-2-3.1, 46-2-5.
Law Implemented: SDCL 46-1-9, 46-1-10, 46-1-15, 46-1-16, 46-2-3.1, 46-2A-23, 46-5-6.11, 46-5-49, 46-6-1, 46-6-2.
74:02:01:22. Issuance of water license for vested right claims. The chief engineer shall issue a water license based on the board's decision to validate a vested right claim in whole or in part or based on the chief engineer's issuance of an uncontested validated vested right on behalf of the board. The chief engineer shall send a copy of the license to the claimant.
Source: SL 1975, ch 16, § 1; transferred from § 52:01:01:20, 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; 20 SDR 53, effective October 20, 1993.
General Authority: SDCL 46-2-5.
Law Implemented: SDCL 46-1-9, 46-1-10, 46-5-49, 46-6-1, 46-6-2.
74:02:01:23. Public bodies authorized to appropriate water for future use -- Procedure.Repealed.
Source: SL 1975, ch 16, § 1; transferred from § 52:01:01:21, effective July 1, 1979; repealed, 9 SDR 96, effective January 30, 1983.
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.
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.
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.
74:02:01:25. Board to act on future use application by entity -- Authorized qualifications. The board, by majority vote, shall decide whether the future use application of an entity is approved, approved with qualifications, or rejected. In addition to other qualifications, the board may, at its discretion, place a time limit of less than seven years on a future use permit. After the time limit expires, the board shall decide whether to allow the permit to remain in effect or to cancel the permit.
Source: SL 1975, ch 16, § 1; transferred from § 52:01:01:23, 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.
General Authority: SDCL 46-2-5.
Law Implemented: SDCL 46-1-14, 46-5-38, 46-5-38.1.
74:02:01:25.01. Future use permit review -- Recommendation and scheduling for review. The chief engineer shall prepare a recommendation for a future use permit that conforms, as far as practical, to the requirements of SDCL 46-2A-2 and shall schedule the future use permit for review by the board.
Source: 13 SDR 49, effective October 27, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987.
General Authority: SDCL 46-2-5.
Law Implemented: SDCL 46-2A-2, 46-5-38, 46-5-38.1.
74:02:01:25.02. Notice of review of future use permit. When a future use permit is scheduled for review, the chief engineer shall notify the permit holder of the date, time, and place of the review hearing and of the chief engineer's recommendation. The chief engineer shall send the notice by first class mail to the last known address of the permit holder at least 27 days before the hearing.
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 46-5-38, 46-5-38.1.
74:02:01:25.03. Publication of notice of future use permit review. The publication of the notice for review of a future use permit shall conform as far as practical to the requirements of SDCL 46-2A-3 and 46-2A-4.
Source: 13 SDR 49, effective October 27, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987.
General Authority: SDCL 46-2-5.
Law Implemented: SDCL 46-2-9, 46-2-11, 46-2-17, 46-2A-2, 46-2A-4, 46-5-38, 46-5-38.1.
74:02:01:26. Effect of board's approval of public body's applications -- Additional application required for construction.Repealed.
Source: SL 1975, ch 16, § 1; transferred from § 52:01:01:24, effective July 1, 1979; 9 SDR 96, effective January 30, 1983; repealed, 10 SDR 27, effective September 26, 1983.
74:02:01:26.01. Reinstating amount of water not developed. When a permit is approved to develop a specified amount of water from a future use permit, the amount shall be deducted from the future use permit. If, in licensing the permit, the amount actually developed is less than the approved amount, the amount of water not developed shall be reinstated to the future use permit.
Source: 9 SDR 96, effective January 30, 1983; 13 SDR 129, 13 SDR 141, effective July 1, 1987.
General Authority: SDCL 46-2-5.
Law Implemented: SDCL 46-5-38.
74:02:01:27. Board authorized to cancel future use permits of public bodies.Repealed.
Source: SL 1975, ch 16, §1; transferred from § 52:01:01:25, effective July 1, 1979; 9 SDR 96, effective January 30, 1983; 10 SDR 27, effective September 26, 1983; repealed, 13 SDR 49, effective October 27, 1986.
74:02:01:28. Procedure for appropriation of water by United States for short periods.Repealed.
Source: SL 1975, ch 16, §1; transferred from § 52:01:01:26, effective July 1, 1979; 9 SDR 96, effective January 30, 1983; repealed, 10 SDR 27, effective September 26, 1983.
74:02:01:29. Procedure for appropriation of water by United States for extended periods.Repealed.
Source: SL 1975, ch 16, § 1; transferred from § 52:01:01:27, effective July 1, 1979; 9 SDR 96, effective January 30, 1983; repealed, 10 SDR 27, effective September 26, 1983.
74:02:01:30. Requirements for issuance of water licenses to United States.Repealed.
Source: SL 1975, ch 16, § 1; transferred from § 52:01:01:28, effective July 1, 1979; 9 SDR 96, effective January 30, 1983; repealed, 10 SDR 27, effective September 26, 1983.
74:02:01:31. Issuance of temporary permits -- Not to interfere with prior applications.Repealed.
Source: SL 1975, ch 16, § 1; transferred from § 52:01:01:29, effective July 1, 1979; 9 SDR 96, effective January 30, 1983; 10 SDR 27, effective September 26, 1983; repealed, 13 SDR 49, effective October 27, 1986.
74:02:01:32. Applications for temporary permit -- Telephone requests. The chief engineer shall furnish application forms for a temporary permit upon request. The applicant shall complete the application form and submit it to the chief engineer. The chief engineer may accept telephone requests for a temporary permit at the chief engineer's discretion.
Source: SL 1975, ch 16, § 1; transferred from § 52:01:01:30, effective July 1, 1979; 9 SDR 96, effective January 30, 1983; 10 SDR 27, effective September 26, 1983; repealed, 13 SDR 49, effective October 27, 1986; readopted, 13 SDR 186, effective June 18, 1987.
General Authority: SDCL 46-2-5, 46-5-40.1.
Law Implemented: SDCL 46-1-2, 46-2-3.1, 46-2-9, 46-2-17, 46-5-40.1.
74:02:01:33. Information required for temporary permits. A temporary permit must contain the following information:
(1) Name and address of the water user;
(2) Project or projects on which water will be used;
(3) Source of water;
(4) Location of the water diversion points;
(5) Maximum total amount of water to be used (in gallons);
(6) Maximum daily withdrawal rate (in gallons);
(7) Date after which water use can begin;
(8) Date when water use will cease;
(9) Date of issuance of the permit; and
(10) Any qualifications thought necessary by the chief engineer.
Source: SL 1975, ch 16, § 1; transferred from § 52:01:01:31, effective July 1, 1979; 10 SDR 27, effective September 26, 1983; repealed, 13 SDR 49, effective October 27, 1986; readopted, 13 SDR 186, effective June 18, 1987.
General Authority: SDCL 46-2-5, 46-5-40.1.
Law Implemented: SDCL 46-1-2, 46-2-3.1, 46-2-9, 46-2-11, 46-2-17, 46-5-40.1.
74:02:01:34. Chief engineer authorized to issue temporary permits. The chief engineer may issue temporary permits but may, at the chief engineer's discretion, defer issuance of a temporary permit and present the application to the board for action.
Source: SL 1975, ch 16, § 1; transferred from § 52:01:01:32, effective July 1, 1979; 9 SDR 96, effective January 30, 1983; 10 SDR 27, effective September 26, 1983; repealed, 13 SDR 49, effective October 27, 1986; readopted, 13 SDR 186, effective June 18, 1987.
General Authority: SDCL 46-2-5, 46-5-40.1.
Law Implemented: SDCL 46-1-2, 46-2-3.1, 46-2-9, 46-2-11, 46-2-17, 46-5-40.1.
74:02:01:34.01. Rescission of temporary permits by chief engineer. The chief engineer may, consistent with SDCL 1-26-29, rescind a temporary permit at any time prior to the expiration date of the permit for one or more of the following reasons, as determined by the chief engineer:
(1) Water is not available to satisfy existing water permits or rights or domestic uses;
(2) Water use under a temporary permit adversely affects existing water permits or rights or the public interest;
(3) The temporary permit holder violates a qualification or limitation of the temporary permit;
(4) The temporary permit holder abandons use of the temporary permit prior to the expiration date; or
(5) The temporary permit was issued in error.
Source: 17 SDR 40, effective September 19, 1990.
General Authority: SDCL 46-2-5, 46-5-40.1.
Law Implemented: SDCL 46-1-2, 46-2-3.1, 46-2-9, 46-2-11, 46-2-17, 46-5-40.1.
74:02:01:34.02. Appeal of rescission of temporary permit to board. A holder of a temporary permit rescinded by the chief engineer who wants a review of the chief engineer's decision may appeal to the board. A written request to appeal must be filed with the chief engineer within 10 days after receiving notice that the temporary permit has been rescinded. The chief engineer shall schedule the appeal for consideration by the board and prepare a notice of hearing pursuant to SDCL 1-26-17.
Source: 17 SDR 40, effective September 19, 1990.
General Authority: SDCL 46-2-5, 46-5-40.1.
Law Implemented: SDCL 46-1-2, 46-2-3.1, 46-2-9, 46-2-11, 46-2-17, 46-5-40.1.
74:02:01:35. Expiration date of temporary permits.Repealed.
Source: SL 1975, ch 16, § 1; transferred from § 52:01:01:33, effective July 1, 1979; 9 SDR 96, effective January 30, 1983; 10 SDR 27, effective September 26, 1983; repealed, 13 SDR 49, effective October 27, 1986.
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.
74:02:01:35.02. Inspection of flood control works -- Licensing. The chief engineer shall inspect flood control works constructed under a flood control permit to determine if the project works are constructed in accordance with SDCL 46-5-30 and 46-5-47. Following completion of an inspection and compliance with SDCL 46-5-30.1, the chief engineer shall issue a license for the project.
Source: 20 SDR 53, effective October 20, 1993.
General Authority: SDCL 46-2-5.
Law Implemented: SDCL 46-2A-11, 46-5-30, 46-5-30.1, 46-5-47.
74:02:01:36. Board authorized to cancel invalid water permits, rights, or vested rights. The board may cancel a water permit, right, or vested right which has become invalid and file a record of the cancellation in the water permit, right, or vested right record.
Source: SL 1975, ch 16, § 1; transferred from § 52:01:01:34, effective July 1, 1979; 9 SDR 96, effective January 30, 1983; 10 SDR 27, effective September 26, 1983; 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 46-2-9, 46-2A-8, 46-5-36, 46-5-37, 46-5-37.1.
74:02:01:37. Invalid water permit, right, or vested right defined. A water permit, right, or vested right is invalid if it meets one or more of the following conditions:
(1) The necessary works were not constructed or the water put to beneficial use within the time limits as provided by statute;
(2) Use of water has been abandoned as specified in SDCL 46-5-36;
(3) Use of water has been forfeited for nonuse as specified in SDCL 46-5-37.
Source: SL 1975, ch 16, § 1; transferred from § 52:01:01:35, effective July 1, 1979; 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 40, effective September 19, 1990; 24 SDR 90, effective January 4, 1998.
General Authority: SDCL 46-2-5.
Law Implemented: SDCL 46-2-9, 46-2A-8, 46-5-36, 46-5-37, 46-5-37.1.
74:02:01:37.01. Legal excuse for nonuse of water. Legal excuse for nonuse of water suspends the period of nonuse specified in SDCL 46-5-37. Legal excuses for nonuse of water include but are not limited to the following:
(1) Unavailability of water to satisfy a permit, right, or vested right;
(2) Legal proceedings which prevent the use of water;
(3) Water use under existing climatic conditions would result in a waste of water.
Source: 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, 46-5-37, 46-5-37.1.
74:02:01:37.02. Exceptions to nonuse of water. A water supply maintained for either fire protection or standby purposes, or both, is not nonuse of a water permit, right, or vested right if the water diversion works are maintained in working condition for immediate use upon demand. Works to divert appropriated water must include wells equipped with functional motors, pumps, and appurtenances to convey water or functional motors, pumps, and appurtenances to convey water from a surface source, as applicable. Wells that are capped, sealed, or plugged are not standby or fire protection works.
Source: 17 SDR 40, effective September 19, 1990; 24 SDR 90, effective January 4, 1998.
General Authority: SDCL 46-2-5.
Law Implemented: SDCL 46-2-9, 46-2-11, 46-5-37, 46-5-37.1.
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.
74:02:01:39. Notice of consideration of cancellation by publication.Repealed.
Source: SL 1975, ch 16, § 1; transferred from § 52:01:01:37, effective July 1, 1979; 9 SDR 96, effective January 30, 1983; 10 SDR 27, effective September 26, 1983; repealed, 13 SDR 49, effective October 27, 1986.
74:02:01:40. Action by board -- Minutes to show reasons for cancellation. After the hearing, the board, by majority vote, shall decide whether the water permit, right, or vested right is to be canceled or remain in force. The records of the board shall show the reasons for all cancellations.
Source: SL 1975, ch 16, § 1; transferred from § 52:01:01:38, effective July 1, 1979; 9 SDR 96, effective January 30, 1983; 10 SDR 27, effective September 26, 1983; 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 46-2-9, 46-2-11, 46-2-17, 46-2A-2, 46-2A-4, 46-2A-5, 46-5-36, 46-5-37, 46-5-37.1.
74:02:01:40.01. Cancellation of irrigation location notice -- Retention as stock water location notice. If the water permit, or right being canceled is an irrigation dry draw location notice where the irrigation from the dam has been abandoned but the storage dam described on the notice is being used for stock water, the irrigation use shall be canceled and the location notice shall be retained as a stock water domestic use location notice filing.
Source: 15 SDR 158, effective April 23, 1989.
General Authority: SDCL 46-2-5.
Law Implemented: SDCL 46-2-9, 46-2-11, 46-2-17, 46-4-1, 46-4-1.1, 46-4-3, 46-5-36, 46-5-37, 46-5-37.1.
74:02:01:41. Holders to be notified of cancellation action -- Notice by publication. The holder of a canceled water permit, right, or vested right, if known, shall be notified of the board's action and reasons for the cancellation. If the holder of the canceled water permit, right, or vested right is not known, notice of the cancellation shall be published once in each newspaper in which the notice of the cancellation hearing was published.
Source: SL 1975, ch 16, § 1; transferred from § 52:01:01:39, effective July 1, 1979; 9 SDR 96, effective January 30, 1983; 10 SDR 27, effective September 26, 1983; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 24 SDR 90, effective January 4, 1998; 39 SDR 37, effective September 10, 2012.
General Authority: SDCL 46-2-5.
Law Implemented: SDCL 46-2-9, 46-2-11, 46-2-17, 46-2A-2, 46-2A-4, 46-2A-5, 46-5-36, 46-5-37, 46-5-37.1.
74:02:01:42. Application for well driller license -- License representative to be designated. Application forms for a well driller license shall be furnished by the chief engineer upon request or submitted electronically. All written applications submitted to the chief engineer shall be typewritten or printed in permanent ink and shall be legible. A well driller's license representative shall be designated in the application. The license representative shall be responsible for all well drilling and well construction work contracted for or authorized on behalf of the well driller. The license representative's qualifications and experience shall be the basis for documenting in the application the ability of the well driller to complete properly one or more of the water use well types in § 74:02:01:42.01.
Source: SL 1975, ch 16, § 1; transferred from § 52:01:01:40, effective July 1, 1979; 9 SDR 96, effective April 1, 1983; 10 SDR 27, effective September 26, 1983; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 28 SDR 157, effective May 16, 2002.
General Authority: SDCL 46-2-5.
Law Implemented: SDCL 46-2A-1, 46-2A-13, 46-6-9, 46-6-11.
74:02:01:42.01. Types of water use wells. A well driller, based upon the qualifications and experience of the license representative, may be licensed to drill one or more of the following types of water use wells:
(1) To depths no deeper than the greenhorn formation:
(a) Private domestic use for 18 gallons per minute or less;
(b) Private domestic use for more than 18 gallons per minute;
(c) Irrigation use;
(d) Municipal, rural water system, and other common distribution system use;
(e) Commercial use;
(f) Industrial use;
(g) Geothermal use;
(h) Special use for monitoring or sampling;
(2) To depths deeper than the greenhorn formation:
(a) Private domestic use for 18 gallons per minute or less;
(b) Private domestic use for more than 18 gallons per minute;
(c) Irrigation use;
(d) Municipal, rural water system, and other common distribution system use;
(e) Commercial use;
(f) Industrial use;
(g) Geothermal use;
(h) Special use for monitoring or sampling.
Source: 9 SDR 96, effective April 1, 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.
General Authority: SDCL 46-2-5.
Law Implemented: SDCL 46-2A-1, 46-2A-13, 46-6-9, 46-6-11.
74:02:01:42.02. Requirements for all well driller license applications. In addition to the requirements of § 74:02:01:42 and 74:02:01:42.01, all applications for a well driller license shall include the following:
(1) The fee required by SDCL 46-6-9;
(2) The name and address of the well driller;
(3) The name of the well driller's license representative;
(4) Drilling methods and equipment to be used by applicant;
(5) The types of water use wells the well driller intends to drill and construct;
(6) A statement that the well driller's license representative is familiar with provisions of SDCL 46-6-6 to 46-6-21, inclusive, 46-6-27, 46-6-29, 46-6-30, and 46-6-31, and chapters 74:02:01, 74:02:02, and 74:02:04 for well driller licensing, drilling, and construction;
(7) A statement that the well driller has the needed well drilling equipment.
Source: 9 SDR 96, effective April 1, 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.
General Authority: SDCL 46-2-5.
Law Implemented: SDCL 46-2A-1, 46-2A-13, 46-6-9, 46-6-11.
74:02:01:42.03. Documentation of experience required for new license applications. In addition to the requirements of § 74:02:01:42 to 74:02:01:42.02, inclusive, all applications for a new well driller license shall include documentation by the well driller's license representative showing at least five years of experience and qualifications in properly completing specified types of wells to be drilled and constructed. Other documentation in lieu of experience may be submitted showing qualifications and ability to properly complete specified types of wells to be drilled and constructed.
Source: 9 SDR 96, effective April 1, 1983; 10 SDR 27, effective September 26, 1983; 13 SDR 129, 13 SDR 141, effective July 1, 1987.
General Authority: SDCL 46-2-5.
Law Implemented: SDCL 46-2A-1, 46-2A-13, 46-6-9, 46-6-11.
74:02:01:42.04. Application requirements for renewal of a well driller license. In addition to the requirements of §§ 74:02:01:42 to 74:02:01:42.02, inclusive, all applications for renewal of a well driller's license shall include the following:
(1) The number of wells constructed and a statement that well driller reports for wells drilled have been submitted for all wells constructed and test holes drilled in the calendar year prior to the renewal license year or the 12 months prior to the license application date;
(2) Documentation of qualifications showing ability to complete properly additional types of wells listed in § 74:02:01:42.01 not requested in previous applications;
(3) Documentation of continuing education activities during the previous year.
Source: 9 SDR 96, effective April 1, 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; 28 SDR 157, effective May 16, 2002.
General Authority: SDCL 46-2-5.
Law Implemented: SDCL 46-2A-1, 46-2A-13, 46-6-9, 46-6-11.
74:02:01:42.05. Deadline for renewal of license. An application to renew a well driller license must be postmarked before February 1 of the license renewal year. Applications for a license renewal postmarked after January 31 of the license renewal year shall be rejected and the applicant shall comply with the requirements for new applications in § 74:02:01:42.03.
Source: 9 SDR 96, effective April 1, 1983; 10 SDR 27, effective September 26, 1983; 13 SDR 129, 13 SDR 141, effective July 1, 1987.
General Authority: SDCL 46-2-5.
Law Implemented: SDCL 46-2A-1, 46-2A-13, 46-6-9, 46-6-11.
74:02:01:42.06. New license representative or licensing for additional well types. To designate a new well driller license representative for an existing well driller license or when a well driller wants to be licensed for drilling and constructing additional well types, the well driller shall establish individual experience and qualifications in accordance with § 74:02:01:42.03.
Source: 9 SDR 96, effective April 1, 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.
General Authority: SDCL 46-2-5.
Law Implemented: SDCL 46-2A-1, 46-2A-13, 46-6-9, 46-6-11.
74:02:01:42.07. License renewals after March 31, 1983. A well driller licensed as of March 31, 1983, who renews the license yearly by January 31 of the license renewal year is not required to comply with §§ 74:02:01:42.05 and 74:02:01:42.06. However, the well driller's equipment must be capable of drilling and constructing the types of wells listed in the application.
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.
General Authority: SDCL 46-2-5.
Law Implemented: SDCL 46-2A-1, 46-2A-13, 46-6-9, 46-6-11.
74:02:01:42.08. Criteria for continuing education for a well driller license. A continuing education activity must meet the criteria in items 1 to 5, inclusive, for credit to be given:
(1) The activity must be related to wells and borings, drilling technology, groundwater contamination, health aspects of water quality, groundwater monitoring, geology, hydrology, well construction and plugging, water systems and water treatment, or other subjects approved by the chief engineer;
(2) The activity must have a specific, written objective that describes expected outcomes for the participant;
(3) The activity must be presented by a person knowledgeable in the subject. The person's qualifications must be documented by either specialized training in the subject matter or work experience in the subject area;
(4) The activity must be at least one contact hour;
(5) The activity must document participation, including but not limited to earned credits and verification of attendance.
Source: 28 SDR 157, effective May 16, 2002.
General Authority: SDCL 46-2-5.
Law Implemented: SDCL 46-2A-1, 46-2A-13, 46-6-9.3.
74:02:01:42.09. Examination required. In addition to the requirements of § 74:02:01:42 to 74:02:01:42.03, inclusive, all license representatives for a new well driller license shall successfully demonstrate their knowledge, and ability to drill water wells in South Dakota by passing an examination. The examination questions are based on the skills necessary to operate as water well driller and on the principles set forth in chapter 74:02:04. The examination is an open book test. The passing grade for all examinations is an overall grade of 70 out of a possible 100. The examination is prepared, administered, and graded by the chief engineer or the chief engineer's designee.
Source: 31 SDR 62, effective November 8, 2004.
General Authority: SDCL 46-2-5.
Law Implemented: SDCL 46-2A-1, 46-2A-13, 46-6-9, 46-6-11.
74:02:01:43. Chief engineer authorized to issue well driller's licenses -- Referring requests to board.Repealed.
Source: SL 1975, ch 16, § 1; transferred from § 52:01:01:41, effective July 1, 1979; 9 SDR 96, effective January 30, 1983; repealed, 10 SDR 27, effective September 26, 1983.
74:02:01:43.01. Chief engineer authorized to delay issuance of license. The chief engineer may delay issuance of the well driller license for failure of the driller to submit reports of well construction.
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.
General Authority: SDCL 46-2-5.
Law Implemented: SDCL 46-2A-1, 46-2A-13, 46-6-9, 46-6-11.
74:02:01:43.02. Board authorized to revoke license when unauthorized well types drilled. The board may revoke a well driller's license if the driller drills types of water use wells the driller is not licensed to drill.
Source: 9 SDR 96, effective April 1, 1983; 10 SDR 27, effective September 26, 1983; 13 SDR 129, 13 SDR 141, effective July 1, 1987.
General Authority: SDCL 46-2-5.
Law Implemented: SDCL 46-2A-1, 46-2A-13, 46-6-9, 46-6-11.
74:02:01:43.03. Well driller license representative -- Activity limitation. Action by the board to revoke or suspend a well driller license pursuant to SDCL 46-6-9.1 or § 74:02:01:43.02 establishes that the well driller license representative may not serve as a license representative for any well driller for a term set by the board.
Source: 20 SDR 53, effective October 20, 1993.
General Authority: SDCL 46-2-5.
Law Implemented: SDCL 46-2A-1, 46-2A-13, 46-6-9, 46-6-9.1, 46-6-11.
74:02:01:43.04. Application for well pump installer license -- License representative to be designated. Application forms for a well pump installer's license shall be furnished by the chief engineer upon request or submitted electronically. All written applications submitted to the chief engineer shall be typewritten or printed in permanent ink and shall be legible. A well pump installer's license representative shall be designated in the application. The license representative shall be responsible for all well pump installation and repair work contracted for or authorized on behalf of the well pump installer. The license representative's qualifications and experience shall be the basis for documenting in the application the ability of the well pump installer to properly install well pumps.
Source: 28 SDR 157, effective May 16, 2002.
General Authority: SDCL 46-2-5.
Law Implemented: SDCL 46-2A-1, 46-2A-13, 46-6-9.3.
74:02:01:43.05. Requirements for all well pump installer license applications. All applications for a well pump installer license shall include the following:
(1) The fee required by SDCL 46-6-9.3;
(2) The name and address of the well pump installer;
(3) The name of the well pump installer's license representative;
(4) A statement that the well pump installer's license representative is familiar with provisions of SDCL 46-6-9.1 to 46-6-9.5, inclusive, SDCL 46-6-6 to 46-6-21, inclusive, SDCL 46-6-27, 46-6-30, and 46-6-31 and chapter 74:02:01 for well pump installer licensing;
(5) A reporting of continuing education activities during the previous year for all renewals.
Source: 28 SDR 157, effective May 16, 2002.
General Authority: SDCL 46-2-5.
Law Implemented: SDCL 46-2A-1, 46-2A-13, 46-6-9.3.
74:02:01:43.06. Documentation of experience required for new license application. In addition to the requirements of §§ 74:02:01:43.04 and 74:02:01:43.05, all applications for a new well pump installer license shall include documentation by the license representative showing at least two years of experience and qualifications in properly installing well pumps.
Source: 28 SDR 157, effective May 16, 2002.
General Authority: SDCL 46-2-5.
Law Implemented: SDCL 46-2A-1, 46-2A-13, 46-6-9.3.
74:02:01:43.07. Application requirements for renewal of a well pump installer license. In addition to the requirements of §§ 74:02:01:43.04 and 74:02:01:43.05, all applications for renewal of a well pump installer license shall include documentation of continuing education activities during the previous year.
Source: 28 SDR 157, effective May 16, 2002.
General Authority: SDCL 46-2-5.
Law Implemented: SDCL 46-2A-1, 46-2A-13, 46-6-9.3.
74:02:01:43.08. Deadline for renewal of license. An application to renew a well pump installer license must be postmarked before February 1 of the license renewal year. Applications for a license renewal postmarked after January 31 of the license renewal year shall be rejected and the applicant shall be required to comply with the requirements for new applications in § 74:02:01:43.06.
Source: 28 SDR 157, effective May 16, 2002.
General Authority: SDCL 46-2-5.
Law Implemented: SDCL 46-2A-1, 46-2A-13, 46-6-9.3.
74:02:01:43.09. New license representative. To designate a new license representative for an existing well pump installer license, the new representative shall establish individual experience and qualifications in accordance with § 74:02:01:43.06.
Source: 28 SDR 157, effective May 16, 2002.
General Authority: SDCL 46-2-5.
Law Implemented: SDCL 46-2A-1, 46-2A-13, 46-6-9.3.
74:02:01:43.10. Well pump installer license representative -- Activity limitation. Action by the Water Management Board to revoke or suspend a well pump installer license pursuant to SDCL 46-6-9.1 establishes that the license representative may not serve as a license representative for any well pump installer for a term set by the board.
Source: 28 SDR 157, effective May 16, 2002.
General Authority: SDCL 46-2-5.
Law Implemented: SDCL 46-2A-1, 46-2A-13, 46-6-9.3.
74:02:01:43.11. Continuing education requirements. Well driller license representatives and water well pump installer license representatives must successfully complete four hours of continuing education activities annually. Continuing education hours shall be earned between January 1 and December 31 of each year beginning January 1, 2003. Continuing education hours in excess of four hours per year may be carried over to the next calendar year.
Source: 28 SDR 157, effective May 16, 2002.
General Authority: SDCL 46-2-5.
Law Implemented: SDCL 46-2A-1, 46-2A-13, 46-6-9.3.
74:02:01:43.12. Criteria for continuing education for well pump installer license. A continuing education activity must meet the criteria in items 1 to 5, inclusive, for credit to be given:
(1) The activity must be related to wells and borings, groundwater contamination, health aspects of water quality, groundwater monitoring, hydrology, water systems and water treatment, or other subjects approved by the chief engineer;
(2) The activity must have a specific, written objective that describes expected outcomes for the participant;
(3) The activity must be presented by a person knowledgeable in the subject. The person's qualifications must be documented by either specialized training in the subject matter or work experience in the subject area;
(4) The activity must be at least one contact hour;
(5) The activity must document participation, including but not limited to earned credits and verification of attendance.
Source: 28 SDR 157, effective May 16, 2002.
General Authority: SDCL 46-2-5.
Law Implemented: SDCL 46-2A-1, 46-2A-13, 46-6-9.3.
74:02:01:44. Applications for filing location notices for dams. The chief engineer shall furnish upon request forms to be used in filing dry draw location notices as specified in SDCL 46-4-1 to 46-4-6, inclusive. For the purposes of SDCL chapter 46-4, a dugout is considered a dam if it stores surface water runoff.
Source: SL 1975, ch 16, § 1; transferred from § 52:01:01:42, effective July 1, 1979; 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; 20 SDR 53, effective October 20, 1993.
General Authority: SDCL 46-2-5.
Law Implemented: SDCL 46-2-3.1, 46-4-3, 46-4-4.
74:02:01:45. Approval of location certificates -- Notice of denial.Repealed.
Source: SL 1975, ch 16, § 1; transferred from § 52:01:01:43, effective July 1, 1979; 9 SDR 96, effective January 30, 1983; 13 SDR 129, 13 SDR 141, effective July 1, 1987; repealed, 20 SDR 53, effective October 20, 1993.
74:02:01:46. Request to board for declaratory ruling -- Petition contents. A person may request the water management board to issue a decision on the applicability of a statutory provision, rule, or order pertaining to a submitted factual situation within the board's jurisdiction by submitting a petition containing the following information:
(1) The authority by which the petition is presented;
(2) The name of the person, agency, or groups submitting the petition;
(3) The requested action and reasons for the action; and
(4) The signature of the person or the authorization of the group or agency making the petition.
Source: 9 SDR 96, effective January 30, 1983; 13 SDR 129, 13 SDR 141, effective July 1, 1987.
General Authority: SDCL 46-2-5.
Law Implemented: SDCL 1-26-15.
74:02:01:47. Timely consideration by board. The board shall schedule the petition for hearing no later than its second regularly scheduled meeting unless all parties agree to postponement of the hearing.
Source: 9 SDR 96, effective January 30, 1983; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 20 SDR 53, effective October 20, 1993; 24 SDR 90, effective January 4, 1998.
General Authority: SDCL 46-2-5.
Law Implemented: SDCL 1-26-15.
74:02:01:48. Petitioner to notify all affected persons. The petitioner shall serve a copy of the petition upon all known persons whose pecuniary interests would be directly and immediately affected by a declaratory ruling on the petition. Proof of such service shall be filed with the board with the petition. All such parties shall be notified by the chief engineer at least 15 days before the petition is scheduled to be heard. In addition, the petitioner shall publish a notice of hearing describing the contents of the petition pursuant to SDCL 46-2A-4(1) to 46-2A-4(10), as applicable, and SDCL 1-26-17.
Source: 9 SDR 96, effective January 30, 1983; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 40, effective September 19, 1990.
General Authority: SDCL 46-2-5.
Law Implemented: SDCL 1-26-15, 1-26-17.1, 46-2-5.
74:02:01:50. Outlet elevation -- Inclusion in existing water rights or permits. When determining an ordinary high-water mark, the board may also set the outlet elevation consistent with the existing water rights or permits. The board may clarify or amend existing water rights or permits to include the outlet elevation consistent with chapter 46-2A.
Source: 9 SDR 68, effective December 7, 1982; 10 SDR 27, effective September 26, 1983; transferred from § 74:02:03:12, 13 SDR 49, effective October 27, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987.
General Authority: SDCL 46-2-5.
Law Implemented: SDCL 43-17-21, 46-1-14, 46-2-9, 46-2-11.
74:02:01:51. Request to determine high or low water mark -- Contents. Persons, as specified in SDCL 43-17-28, submitting a request to determine an ordinary high or low water mark shall provide the following information:
(1) The authority by which the request is presented;
(2) The name of the person, agency, or group submitting the request;
(3) The name and location of the lake;
(4) The requested action and reasons for the action; and
(5) The signature of the person or the authorization of the group or agency making the request.
Source: 15 SDR 158, effective April 23, 1989.
General Authority: SDCL 46-2-5.
Law Implemented: SDCL 43-17-28, 46-2-9, 46-2-11.
74:02:01:52. Publication of the notice to determine high or low water mark. The publication of the notice to determine an ordinary high or low water mark, in addition to the requirements of SDCL 43-17-24.1, shall conform as far as practicable to the requirements of SDCL 46-2A-3 to 46-2A-6, inclusive.
Source: 15 SDR 158, effective April 23, 1989.
General Authority: SDCL 46-2-5.
Law Implemented: SDCL 43-17-24.1, 46-2-9, 46-2-11.
