46-1-16. Authority of chief engineer to issue permits--Scheduling application.
The provisions of §46-1-14 notwithstanding, the board may promulgate rules pursuant to chapter 1-26 to delegate the authority to issue permits to the chief engineer if the applicant does not contest the recommendation of the chief engineer and no person has filed a petition to oppose the application as provided in chapter 46-2A. Upon such delegation, the recommendation of the chief engineer shall become the decision of the board and the chief engineer shall issue the permit as recommended. However, the chief engineer may schedule an application, even if uncontested, for hearing by the board pursuant to chapter 46-2A upon finding that an application presents important issues of public policy or public interest that should be heard by the board.
Source: SL 1990, ch 355, §1; SL 1992, ch 254, §85.
Structure South Dakota Codified Laws
Chapter 01 - Definitions And General Provisions
Section 46-1-1 - Use of water of state--Paramount interest of people--Conversion to public use.
Section 46-1-2 - Development of water resources for public benefit.
Section 46-1-3 - Water as property of people--Appropriation of right to use.
Section 46-1-5 - Domestic use of water takes precedence over appropriative rights--Governmental use.
Section 46-1-6 - Definition of terms.
Section 46-1-7 - Standards of measurement--Flow of water--Volume of water--Miner's inch.
Section 46-1-8 - Beneficial use--Measure and limit of right to use of waters.
Section 46-1-9 - Vested rights defined.
Section 46-1-10 - Vested rights acquired before July 1, 1955, validated.
Section 46-1-12 - Suspension or cancellation of permit or license.
Section 46-1-13 - Grant of water right for use outside state.
Section 46-1-14 - Terms and conditions of permits and licenses--Amendment.
Section 46-1-15 - Permit required for appropriation of waters.
Section 46-1-16 - Authority of chief engineer to issue permits--Scheduling application.