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.