46-5-30. Inspection of works by chief engineer before use--Authority to require changes.

Within a reasonable time before the date set for the application of the water to a beneficial use, the chief engineer shall inspect the works, if any, after due notice to the holder of the permit. If the works are not properly and safely constructed, the chief engineer may require the necessary changes to be made within a reasonable time.

Source: SDC 1939, § 61.0131; SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0119; SL 1983, ch 314, § 57.



SDLRC - Codified Law 46-5-30 - Inspection of works by chief engineer before use--Authority to require changes.

46-5-30.1. License issued by chief engineer.

Upon completion of an inspection, upon completion of any required changes and upon payment of any applicable fees, the chief engineer shall issue a license to appropriate water to the extent and under the conditions of the actual application of water to beneficial use, but he may not extend the rights described in the permit. No permit holder may divert water until the assessed license fee has been paid.

Source: SL 1983, ch 314, § 58.



SDLRC - Codified Law 46-5-30 - Inspection of works by chief engineer before use--Authority to require changes.

46-5-30.2. Limitations on rights given by permit or license.

Neither a permit to appropriate water nor a license to appropriate water may become a right to use the water for any purpose or in any manner other than that specified on the permit or license, unless amended pursuant to the provisions of this title.

Source: SL 1983, ch 314, § 59.



SDLRC - Codified Law 46-5-30 - Inspection of works by chief engineer before use--Authority to require changes.

46-5-30.3. Sale or transfer of application, permit, or license--Notice to chief engineer.

Notice of any sale, grant, lease, conveyance, or other transfer of an application, permit, or license to appropriate water under the provisions of this title shall be filed with the chief engineer within ninety days.

Source: SL 1983, ch 314, § 66; SL 2008, ch 230, § 1.



SDLRC - Codified Law 46-5-30 - Inspection of works by chief engineer before use--Authority to require changes.

46-5-30.4. Amendment of permits or rights.

Subject to the limitations in §§ 46-5-33 and 46-5-34 governing changes in irrigation rights from one parcel of land to another, any water permit or right holder may apply for a change of use of the water, a change of location of the use or other amendment to the permit or right. Permits or rights may be amended pursuant to the procedure contained in chapter 46-2A. Priority shall be retained upon amendment. An amendment of a water permit or right may not increase the rate of diversion or increase the volume of water to be appropriated under the original water permit or right. The amendment may not impair existing rights.

Source: SL 1983, ch 314, § 67.



SDLRC - Codified Law 46-5-30 - Inspection of works by chief engineer before use--Authority to require changes.

46-5-30.5. Unpermitted acreage developed for irrigation--Requirement.

Acreage developed for irrigation outside of the acreage described on the permit may be licensed pursuant to § 46-5-30.1, if no increase occurs in either permitted acreage or water appropriated. The unpermitted acreage shall be contiguous to the permitted acreage, owned by the same property owner, and developed as part of the original irrigation project within the time period designated for completion of works. The unpermitted acreage added to a license under this section retains the priority date assigned to the original permit. Licensing of the unpermitted acreage may occur without application or publication pursuant to § 46-2A-4, if the chief engineer makes a finding that existing water rights will not be impaired and the overall project, as developed, is consistent with the original application. This section does not apply to the transfer of licensed acreage from one parcel of land to another as provided for by § 46-5-34.

Source: SL 1996, ch 263, § 5.