Chapter
01. Definitions And General Provisions
02. Water Management Board And Chief Engineer
02A. Administrative Procedure For Appropriation Of Water
03. Survey And Investigation Of Water Resources [Repealed]
03A. Weather Modification Activities [Repealed]
04. Dry-Draw And Nonnavigable Stream Dams
05. Appropriation Of Water
06. Groundwater And Wells
07. Storage, Diversion And Irrigation Works
08. Eminent Domain
09. Overflow And Flooding From Wells And Distribution Works [Repealed]
10. Adjudication Of Water Rights
10A. Water Use Control Areas
11. Water Users' Associations [Transferred]
12. Organization, Boundaries And Dissolution Of Irrigation Districts [Transferred]
13. Irrigation District Projects And Operations [Transferred]
14. Irrigation District Contracts And Financing [Transferred]
15. Irrigation District Assessments And Levies [Transferred]
16. Water User Districts [Transferred]
17. South Dakota Conservancy District [Transferred]
17A. State Water Resources Management [Transferred]
18. Subdistricts Of South Dakota Conservation District [Transferred]
19. Flood-Control Works [Repealed]
20. Intrastate Drainage Projects [Transferred]
21. Drainage Assessments And Bonds [Transferred]
22. Trustee Management Of Drainage Districts [Transferred]
23. Interstate Drainage Districts [Transferred]
24. Watershed Districts [Transferred]
25. Water Pollution Control [Transferred]
26. Protection And Improvement Of Navigation [Repealed]
27. Missouri River Development [Transferred]
28. Red River Tri-State Authority [Repealed]
29. Minnesota Boundary Waters [Transferred]
30. Belle Fourche River Compact [Transferred]
31. Cheyenne River Compact [Repealed]
32. Lower Niobrara River and Ponca Creek Compact [Repealed]
46-1-1
Use of water of state--Paramount interest of people--Conversion to public use.
46-1-2
Development of water resources for public benefit.
46-1-3
Water as property of people--Appropriation of right to use.
46-1-4
Beneficial use of water resources--Prevention of waste--Right to water from natural stream
or watercourse.
46-1-5
Domestic use of water takes precedence over appropriative rights--Governmental use.
46-1-6
Definition of terms.
46-1-7
Standards of measurement--Flow of water--Volume of water--Miner's inch.
46-1-8
Beneficial use--Measure and limit of right to use of waters.
46-1-9
Vested rights defined.
46-1-10
Vested rights acquired before July 1, 1955, validated.
46-1-11
Violations of water use laws as misdemeanors--Civil fine in addition--Each day as separate
violation--Exemption of board and commission actions.
46-1-12
Suspension or cancellation of permit or license.
46-1-13
Grant of water right for use outside state.
46-1-14
Terms and conditions of permits and licenses--Amendment.
46-1-15
Permit required for appropriation of waters.
46-1-16
Authority of chief engineer to issue permits--Scheduling application.
CHAPTER 46-2
WATER MANAGEMENT BOARD AND CHIEF ENGINEER
46-2-1 46-2-1, 46-2-1.1. Superseded
46-2-1.2 46-2-1.2. Repealed by SL 1983, ch 314, § 14
46-2-3 Chief engineer--Employment--Advice to board.
46-2-3.1 Delegation of authority to chief engineer--Restrictions.
46-2-4 Attorneys to advise board--Employment of other counsel.
46-2-4.1 Attorneys to advise chief engineer.
46-2-5 Rules to establish procedures and practices of board.
46-2-6 46-2-6, 46-2-7. Repealed by SL 1983, ch 314, §§ 20, 21
46-2-7.1 Minutes and records of board actions.
46-2-8 46-2-8. Repealed by SL 1983, ch 13, § 18; SL 1983, ch 314, § 23
46-2-9 Powers, functions, and duties of board.
46-2-10 46-2-10. Repealed by SL 1983, ch 314, § 25
46-2-11 Regulatory authority of board.
46-2-12 46-2-12. Repealed by SL 1983, ch 314, § 27
46-2-13 Fees of department--Payment to state treasury to environment and natural resources fee fund.
46-2-14 Experimental and observation stations.
46-2-15 46-2-15, 46-2-16. Repealed by SL 2006, ch 2, §§ 30, 31.
46-2-16 46-2-16. Repealed by SL 2006, ch 2, § 31.
46-2-17 Chief engineer's general enforcement authority.
46-2-18 Chief engineer's authority to order discontinuance of water use.
46-2-19 Chief engineer's authority to enter property.
46-2-20 Cooperation with United States agencies.
46-2-21 County appropriations for geologic or groundwater studies.
46-2-22 Enforcement dry-draw dam domestic use limitations restricted.
46-2-23 Establishment of well rehabilitation and plugging subfund--Source of subfund--Expenditures--Unexpended funds--Uses of fund.
46-2-24 Prehearing officer--Duties--Rulings.
CHAPTER 46-2A
ADMINISTRATIVE PROCEDURE FOR APPROPRIATION OF WATER
46-2A-1 Application of provisions of chapter.
46-2A-2 Recommendation of chief engineer on application--Schedule of hearing.
46-2A-3 Recommendation of chief engineer on application--Mailing to applicant--Duties of applicant.
46-2A-4 Publication of application and recommendation of chief engineer--Time for publication--Contents of notice.
46-2A-5 Postponement of hearing on application--Time for notice.
46-2A-6 Service and filing of pleadings, petitions, and motions.
46-2A-7 Approval or disapproval of permit, license, or amendment--Applications for groundwater source determined to be fully appropriated.
46-2A-7.1 Notice of determination that groundwater source fully appropriated--Applications for future consideration.
46-2A-7.2 Date of receipt--Incomplete application--One irrigation permit application per parcel.
46-2A-7.3 Applications submitted prior to board decision that aquifer is fully appropriated or prior to July 1, 2014.
46-2A-7.4 Priority list for future unappropriated water.
46-2A-7.5 Public hearing to review groundwater source--Notice--Retention of eligibility by applicant.
46-2A-7.6 Unappropriated water to be available to held applications based on priority.
46-2A-7.7 Transfer of water permit application.
46-2A-8 Time for completion of construction and use of water--Application for lesser amount of water or variance in periods of use.
46-2A-8.1 Reinstatement of permit after expiration of time for construction--Application--Priority.
46-2A-9 Appropriation of water--When permit may be issued.
46-2A-10 Reservation for future use--When approval allowed.
46-2A-11 Flood control works--When permit may be issued.
46-2A-12 Amendment of permit or license--When granted.
46-2A-13 Well driller or well pump installer license--Issuance by chief engineer--Procedure on denial or deferral of decision.
46-2A-14 Application and permit refer to one water use system--Location to be stated.
46-2A-15 Date of receipt of application recorded--Correction of application.
46-2A-16 Validation of vested water right claim--Notice.
46-2A-17 Hearing to oppose validation--Notice.
46-2A-18 Abandonment of validated vested right.
46-2A-19 Adjustment and validation of certain interstate water right claims.
46-2A-20 Term limitation on water withdrawal from Madison formation in certain counties.
46-2A-21 Deletion of term limitation under certain conditions--Cancellation or amendment of permit.
46-2A-22 Correction of errors in published notice of vested right claims--Contents--Hearing only on filing of petition.
46-2A-23 Publication of notice to determine opposition to application or recommendation of chief engineer--Petition to contest--Notice of hearing.
46-3A-1 to 46-3A-3. Repealed.
46-3A-4 Superseded.
46-3A-4.1, 46-3A-5. Repealed.
46-3A-6, 46-3A-7. Superseded.
46-3A-8 to 46-3A-30. Repealed.
46-3A-31 Repealed.
46-4-1
Dry-draw on agricultural lands--Right to construct dam--Right or permit for dam on
stream or dry-draw subject to prior appropriation.
46-4-1.1
Nonnavigable stream--Right to construct and maintain dam.
46-4-2
Upper users priority for domestic use--Exception--Contest resolution--Appeal.
46-4-3
Location notice required--Filing.
46-4-4
Location notice--Contents--Verification.
46-4-5
Vested right to water from dry-draw.
46-4-6
Time for construction and completion of dam.
46-4-7, 46-4-8.
Repealed.
46-5-1
Natural flow of stream or spring--Restrictions on riparian use.
46-5-1.1
Obstruction of navigable watercourse or interference with stage, level, or
flow of public waters prohibited--Contests resolved by Water Management
Board.
46-5-1.2
Removal of obstructions built by beavers if lands flooded or water rights
impaired.
46-5-2
Nonnavigable stream--Right to construct and maintain dam.
46-5-3
Natural spring forming part of stream--Right to appropriate flow from
spring.
46-5-4
Priority of appropriative rights granted since March 7, 1907.
46-5-4.1
Validation of prior licenses.
46-5-5
Waters flowing in definite stream subject to appropriation--Beneficial use--Excessive appropriation not allowed.
46-5-6
Appropriation of water for irrigation--Limitation of amount.
46-5-6.1
Restrictions on appropriation of Missouri River water for irrigation.
46-5-6.2 to 46-5-6.10.
Repealed.
46-5-6.11
Authority of chief engineer to issue appropriation permits.
46-5-7
Priority of appropriation--Date of filing application.
46-5-8
Permit not required for domestic use--Permit required for dams on streams
or dry-draws--Registration of domestic wells.
46-5-8.1
Permit issued by board to effectuate contract between district and energy
industry user--Cancellation of permit or license.
46-5-8.2
Permit required for water distribution system.
46-5-9
Construction of works prior to obtaining permit to appropriate water
prohibited.
46-5-10
Appropriation of water--Application for permit required.
46-5-11
Application--Information required.
46-5-12
Repealed.
46-5-13
Diversion rate and amount allowed by permit.
46-5-13.1
Change of location of diversion point.
46-5-14
Water which may be reclaimed.
46-5-15
Water diverted for municipal use--Issuance of permit--Contest and appeal.
46-5-16
Repealed.
46-5-17 to 46-5-19.
Repealed.
46-5-20
Repealed.
46-5-20.1
Legislative approval required for large-scale appropriation--Eminent domain
powers denied for unauthorized appropriation.
46-5-21
Repealed.
46-5-21.1
Permits for energy industry use--Period for application of water to beneficial
use.
46-5-22
Repealed.
46-5-23
Repealed.
46-5-24
Amendment or change of plans of construction or place of diversion.
46-5-25
Diligent prosecution of construction work--Forfeiture of rights--Extension.
46-5-26
Extension of time for completion of construction or application to beneficial
use.
46-5-27 to 46-5-29.
Repealed.
46-5-30 Inspection of works by chief engineer before use--Authority to require changes.
46-5-30.1 License issued by chief engineer.
46-5-30.2 Limitations on rights given by permit or license.
46-5-30.3 Sale or transfer of application, permit, or license--Notice to chief engineer.
46-5-30.4 Amendment of permits or rights.
46-5-30.5 Unpermitted acreage developed for irrigation--Requirement.
46-5-31 Change of use or place of diversion.
46-5-31.1 Abandoned permitted irrigation use--Stock watering permitted.
46-5-32 Assignment of application, permit, or license.
46-5-33 Irrigation application, permit, or right not assignable apart from land.
46-5-34 Irrigation rights appurtenant to land--Amendment of permit required for severance and transfer.
46-5-34.1 Transfer of irrigation rights apart from land--Restricted purposes--Protection of other users.
46-5-35 Repealed.
46-5-36 Abandonment of use of water appurtenant to land--Public water subject to general appropriation.
46-5-37 Failure to use beneficially appropriated water--Forfeiture for nonuse--Reversion to public.
46-5-37.1 Abandonment or forfeiture of permits or rights--Recommendation of chief engineer for cancellation.
46-5-37.2 Exceptions to forfeiture for nonuse.
46-5-38 Future use of water--Entities entitled to reservation.
46-5-38.1 Future use of water--Permit required for actual use--Review of future use permits.
46-5-39 Temporary use permits--Authorization for.
46-5-40 Temporary use permits--Cancellation.
46-5-40.1 Temporary permits for use of public water for construction, testing, or drilling purposes--Term of permit--Qualifications and limitations.
46-5-41 to 46-5-43. Repealed.
46-5-44 United States withdrawal of unappropriated waters--Cancellation.
46-5-45 Repealed.
46-5-46 Unauthorized use or waste of water or violation of permit or license prohibited.
46-5-47 Flood control--Permit required.
46-5-48 Flood control--Emergency facilities authorized.
46-5-49 Filing of vested right claim--Hearing--Mandatory filing--Waiver of right.
46-5-50 Drip irrigation defined.
46-5-51 Permit not required for drip irrigation.
46-5-52 Noncommercial purposes defined.
46-6-1
Vested rights defined.
46-6-2
Filing of vested right claim by claimant of vested right to groundwater--Hearing--Mandatory filing--Waiver of right.
46-6-3
Appropriation of groundwater authorized.
46-6-3.1
Annual withdrawal of groundwater not to exceed recharge--Exception for water
distribution systems.
46-6-4
Repealed.
46-6-5
Repealed.
46-6-6
Collection, preservation, and publication of data on underground water.
46-6-6.1
Rules and regulations governing large capacity wells--Criteria and contents.
46-6-6.2, 46-6-7.
Repealed.
46-6-8
Repealed.
46-6-9
Well driller license--Fee--Issuance.
46-6-9.1
Well driller or well pump installer license--Revocation.
46-6-9.2
Well driller's license or well pump installer's license required for certain persons.
46-6-9.3
Well pump installer license--Fee--Issuance.
46-6-9.4
Certain persons exempt from well pump installer license requirements.
46-6-9.5
Well pump installers and well drillers prohibited from performing certain acts
without appropriate license.
46-6-10
Wells to be constructed so as to prevent waste--Methods of construction,
specification by board.
46-6-11
Records of well construction required.
46-6-12
Inspection of wells by chief engineer or state geologist.
46-6-13
Measurement of flow and pressure of wells by chief engineer.
46-6-14
Waste of water from large capacity well prohibited.
46-6-15
Uncontrolled artesian well--Definition--Owner to notify board of size and
location.
46-6-16
Uncontrolled artesian well from oil and gas exploration--Notice to chief engineer.
46-6-17
Repealed.
46-6-18
Plugging abandoned or forfeited well by owner--"Owner" defined.
46-6-19
Repealed.
46-6-20
Rules and regulations of board relating to wells.
46-6-21
Control of large capacity well required.
46-6-22, 46-6-23.
Repealed.
46-6-24
Liability for damages to domestic and municipal wells.
46-6-25
Domestic and municipal well protection--Enforceability--Fees and costs.
46-6-26
Permits may be denied or conditioned to protect domestic or municipal wells or
natural springs.
46-6-27
Plugging, sealing, or capping abandoned wells required--Rules.
46-6-28
Geological survey to plug unused wells.
46-6-29
Plugging or controlling large capacity well by chief engineer--Costs.
46-6-30
Order of chief engineer for proper construction or repair of well--Plugging or
controlling well--Costs.
46-6-31
Plugging or controlling well by chief engineer--Bidding provisions.
46-7-1
Excess capacity of works--Availability for beneficial use.
46-7-2
Headgates or other measuring devices required.
46-7-3
Repair of works required--Rules.
46-7-4
Repealed.
46-7-5
Inspection of works by chief engineer--Order for repair of unsafe works--Repair
by chief engineer--Costs--Filing of written protest--Hearing--Liability of chief
engineer and state.
46-7-5.1
Repair of unsafe works by chief engineer--Cost as lien against property--Bidding
provisions.
46-7-5.2
Breach or repair of works by chief engineer to protect human life--Cost as lien
against property--Other remedies.
46-7-5.3
Investigation of dam--Variance relating to minimum spillway design
requirements--Hearing.
46-7-5.4
Definition of terms.
46-7-5.5
Application to dams constructed before January 1, 1990--Owner and family sole
residents--Determination of flood plain.
46-7-5.6
Owner's reporting requirements where nonowner establishes habitation within
flood plain.
46-7-5.7
Privately owned high-hazard dam--Where chief engineer and state not obligated
to secure safety thereof--Owner's affidavit upon refusal to correct unsafe
condition.
46-7-5.8
Requirements as to form and content of owner's affidavit.
46-7-5.9
Board's acceptance of owner's affidavit--Conditions.
46-7-5.10
Recording requirements as to owner's affidavit.
46-7-5.11
Where privately owned high-hazard dam is subject to action by chief engineer
and state.
46-7-6
Repealed.
46-7-7 to 46-7-11.
Repealed.
46-7-12
Willful damage, destruction, or interference with works prohibited.
46-7-13
Repealed.
46-7-14
Unauthorized injury to or interference with pier, boom, or dam prohibited.
46-7-15
Removal or injury of piles prohibited.
46-8-1
Right of eminent domain for application or conveyance of water for beneficial use.
46-8-1.1
Limit on exercise of right of eminent domain.
46-8-1.2
Location of routes restricted.
46-8-2
Permission required for entry on land for surveys--Liability for damages.
46-8-2.1
Order of circuit court for entry on land.
46-8-3 to 46-8-5.
Repealed.
46-8-6
Multiple water conduits prohibited where single conduit sufficient.
46-8-7
Plat of route for water conduit--Certification and recording.
46-8-8
Right for location of route an easement.
46-8-9
Repealed.
46-8-10
Reasonable access to land.
46-8-11 to 46-8-15.
Repealed.
46-8-16
Right to cross public or railroad right-of-way--Construction of bridges, culverts, or
similar structures.
46-8-17
Repealed.
46-8-18
Right to cross school and public lands--Notice to commissioner.
46-8-19, 46-8-20.
Repealed.
46-10-1
Action for general adjudication of water or water use rights--When attorney
general to bring.
46-10-1.1
Procedure in actions for general adjudication.
46-10-1.2
Orders in actions involving one hundred or more defendants.
46-10-2
Jurisdiction and venue of action for general adjudication.
46-10-2.1
Deposit of documents and orders with court.
46-10-2.2
Documents and orders as prima facie evidence--Certified copies admissible.
46-10-2.3
Powers and duties of court conducting general adjudication.
46-10-3
Parties to action for general adjudication.
46-10-3.1
Adding additional defendants as parties.
46-10-3.2
Commencement of action for general adjudication--Service.
46-10-3.3
Defendants numbering one hundred or more--Commencement of action--Service.
46-10-3.4
Captioning complaint for general adjudication.
46-10-4
Repealed.
46-10-4.1
Action to determine conflicting water or water use rights--Court's powers
and duties--Caption of action.
46-10-5
Action for general adjudication or to determine conflicting water rights--Copies of complaints mailed to Water Management Board.
46-10-6
Action for general adjudication or to determine conflicting rights--Proof of
notice of suit to water management board.
46-10-7
Intervention by attorney general.
46-10-8
Judgment in action for general adjudication or to determine conflicting
rights--Certified copy filed with board.
46-10-8.1
Appointment of water master to administer interim or final decree.
46-10-9 to 46-10-12.
Repealed.
46-10-13
Appeal to board from acts or decisions of water master--Appeal to circuit
court.
46-10-14 to 46-10-26.
Repealed.
46-10-27
Transferred.
46-10-28
Repealed.
46-10A-1
Establishment of area--Petition of chief engineer.
46-10A-2
Establishment of area--Petition of water right holders.
46-10A-3
Identification of lands and waters in petition.
46-10A-4
Hearing on petition--Publication and notice.
46-10A-5
Approval of petition--When required.
46-10A-6
Water master--Appointment--Agent of board.
46-10A-7
Water master--Duties.
46-10A-8
Water measuring devices--Order for installation.
46-10A-9
Fee assessed--Maximum amount--Annual payment.
46-10A-10
Repealed.
46-10A-11
Violations of orders of board or water master.
46-10A-12
Petition of chief engineer to abolish area, suspend operation, change boundaries,
amend powers of or suspend water master, or adjust administration of area.
46-10A-13
Petition as in § 46-10A-12 by water rights holders.
46-10A-14
Hearing on petition under § 46-10A-12 or 46-10A-13--Publication and notice.
46-10A-15
Approval of petition under § 46-10A-12 or 46-10A-13--When required.
46-10A-16
Appeal from board actions relating to establishment or administration of area.
46-16-1 to 46-16-29.
Transferred.
46-16-30
Repealed.
46-16-31 to 46-16-76.
Transferred.
46-17-1 to 46-17-4.
Transferred.
46-17-5
Superseded.
46-17-5.1
Transferred.
46-17-6, 46-17-7.
Superseded.
46-17-8
Transferred.
46-17-9
Superseded.
46-17-10 to 46-17-30.
Transferred.
46-17A-1, 46-17A-2.
Transferred.
46-17A-2.1
Transferred.
46-17A-3, 46-17A-3.1.
Transferred.
46-17A-3.2, 46-17A-3.3.
Repealed.
46-17A-3.4 to 46-17A-3.7.
Transferred.
46-17A-4
Superseded.
46-17A-4.1
Transferred.
46-17A-5 to 46-17A-11.
Superseded.
46-17A-12 to 46-17A-14.
Transferred.
46-17A-14.1
Repealed.
46-17A-15
Transferred.
46-17A-15.1, 46-17A-15.2.
Repealed.
46-17A-16 to 46-17A-21.
Transferred.
46-17A-22
Transferred.
46-17A-22.1 to 46-17A-22.3.
Transferred.
46-17A-22.4
Transferred.
46-17A-23 to 46-17A-23.4.
Transferred.
46-17A-23.5
Transferred.
46-17A-24 to 46-17A-58.
Transferred.
46-17A-59
Omitted.
