An Act to require that annual withdrawal of groundwater from any groundwater source may not exceed the annual recharge of water to the groundwater source.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 46-6-3.1 be AMENDED:

46-6-3.1. No application to appropriate groundwater may be approved if, according to the best information reasonably available, it is probable that the quantity of water withdrawn annually from a groundwater source will exceed the quantity of the average estimated annual recharge of water to the groundwater source. An application may be approved, however, for withdrawals of groundwater from any groundwater formation older than or stratigraphically lower than the greenhorn formation in excess of the average estimated annual recharge for use by water distribution systems.