46-2A-20. Term limitation on water withdrawal from Madison formation in certain counties.
Notwithstanding §§46-1-14 and 46-2A-7, no water permit for construction of works to withdraw water from the Madison formation in Butte, Fall River, Custer, Lawrence, Meade and Pennington counties may be issued for a term of more than twenty years, unless the Water Management Board determines, based upon the evidence presented at a hearing that:
(1)Sufficient information is available to determine whether any significant adverse hydrologic effects on the supply of water in the Madison formation would result if the proposed withdrawal were approved; and
(2)The information, whether provided by the applicant or by other means, shows that there is a reasonable probability that issuance of the proposed permit would not have a significant adverse effect on nearby Madison formation wells and springs.
Source: SL 1992, ch 315, §1.
Structure South Dakota Codified Laws
Chapter 02A - Administrative Procedure For Appropriation Of Water
Section 46-2A-1 - Application of provisions of chapter.
Section 46-2A-2 - Recommendation of chief engineer on application--Schedule of hearing.
Section 46-2A-5 - Postponement of hearing on application--Time for notice.
Section 46-2A-6 - Service and filing of pleadings, petitions, and motions.
Section 46-2A-7.4 - Priority list for future unappropriated water.
Section 46-2A-7.6 - Unappropriated water to be available to held applications based on priority.
Section 46-2A-7.7 - Transfer of water permit application.
Section 46-2A-9 - Appropriation of water--When permit may be issued.
Section 46-2A-10 - Reservation for future use--When approval allowed.
Section 46-2A-11 - Flood control works--When permit may be issued.
Section 46-2A-12 - Amendment of permit or license--When granted.
Section 46-2A-14 - Application and permit refer to one water use system--Location to be stated.
Section 46-2A-15 - Date of receipt of application recorded--Correction of application.
Section 46-2A-16 - Validation of vested water right claim--Notice.
Section 46-2A-17 - Hearing to oppose validation--Notice.
Section 46-2A-18 - Abandonment of validated vested right.
Section 46-2A-19 - Adjustment and validation of certain interstate water right claims.
Section 46-2A-20 - Term limitation on water withdrawal from Madison formation in certain counties.