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Rule 74:02:01:15 Procedure for rejection of applications.

          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.

 



Rule 74:02:01:15.01 Repealed.

          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 Applications for withdrawn water source.Repealed.

 

          Source: 9 SDR 96, effective January 30, 1983; repealed, 10 SDR 27, effective September 26, 1983.

 



Rule 74:02:01:15.02 Applications to appropriate water in excess of 10,000 acre feet annually.

          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.

 



Rule 74:02:01:15.03 Procedures for 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. 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.

 



Rule 74:02:01:15.04 Board action on 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. 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.

 



Rule 74:02:01:15.05 Board action after legislative action.

          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.

 

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