46-2-18. Chief engineer's authority to order discontinuance of water use.
The provisions of chapter 1-26 notwithstanding, the chief engineer may, after appropriate investigation, issue an order to any person to shut off or limit the person's use of surface or groundwater, or to plug or otherwise control a well. The order may be issued only to protect another user who has higher or earlier priority or to cause a user of water to discontinue the use of water to which the user has no legal right. Upon a refusal to obey the order, the chief engineer may request a court of proper jurisdiction to issue a temporary restraining order or injunction to effectuate the provisions of the order.
Source: SL 1983, ch 314, §33; SL 2011, ch 165, §256.
Structure South Dakota Codified Laws
Chapter 02 - Water Management Board And Chief Engineer
Section 46-2-3 - Chief engineer--Employment--Advice to board.
Section 46-2-3.1 - Delegation of authority to chief engineer--Restrictions.
Section 46-2-4 - Attorneys to advise board--Employment of other counsel.
Section 46-2-4.1 - Attorneys to advise chief engineer.
Section 46-2-5 - Rules to establish procedures and practices of board.
Section 46-2-7.1 - Minutes and records of board actions.
Section 46-2-9 - Powers, functions, and duties of board.
Section 46-2-11 - Regulatory authority of board.
Section 46-2-14 - Experimental and observation stations.
Section 46-2-17 - Chief engineer's general enforcement authority.
Section 46-2-18 - Chief engineer's authority to order discontinuance of water use.
Section 46-2-19 - Chief engineer's authority to enter property.
Section 46-2-20 - Cooperation with United States agencies.
Section 46-2-21 - County appropriations for geologic or groundwater studies.
Section 46-2-22 - Enforcement dry-draw dam domestic use limitations restricted.