46-10-1. Action for general adjudication of water or water use rights--When attorney general to bring.

It shall be the duty of the attorney general to bring an action for the general adjudication of the nature, extent, content, scope, and relative priority of the water rights and the rights to use water of all persons, or entities, public or private, on any river system and on all other sources, when in his judgment, or in the judgment of the Water Management Board, the public interests require such action.

Source: SDC 1939, § 55.1811; SL 1980, ch 305, § 1.

46-10-1.1. Procedure in actions for general adjudication.

The procedure in any case of general adjudication shall be as in other civil cases, insofar as that procedure is not inconsistent with this chapter.

Source: SL 1980, ch 305, § 15.

46-10-1.2. Orders in actions involving one hundred or more defendants.

In the conduct of actions to which § 46-10-3.3 applies, the court may make appropriate orders

(1)    Providing for the limitation of service and filing, or substitutes therefor, of pleadings, briefs, orders, motions, demands, appearances, claim forms, discovery materials, and similar documents;

(2)    Requiring, for the fair conduct of the action, that notice be given all parties in a reasonable manner of any document served or filed in this action;

(3)    Providing for simplified discovery from any party, upon such terms and conditions as the court determines are advisable;

(4)    Adopting permissive or mandatory forms for the submission of claims to water rights or rights to use water; provided, however, that a party shall not be precluded from filing an answer or other pleading in addition to said forms;

(5)    Determining the course of proceedings and prescribing measures to prevent undue repetition or complication in the presentation of evidence and arguments;

(6)    Dealing with similar procedural matters.

The orders may be combined with an order under § 15-6-16 and may be altered or amended from time to time as the court deems advisable.

Source: Supreme Court Rule 82-19.