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.
