South Dakota Codified Laws
Chapter 02A - Administrative Procedure For Appropriation Of Water
Section 46-2A-21 - Deletion of term limitation under certain conditions--Cancellation or amendment of permit.

46-2A-21. Deletion of term limitation under certain conditions--Cancellation or amendment of permit.
At any time during the twenty-year term set forth in §46-2A-20, or following its expiration, the board may delete the term limitation condition upon a finding that sufficient information has become available to determine:
(1)Whether the withdrawal would cause any significant adverse effects on the supply of water in the Madison formation; and
(2)Whether the withdrawal would cause any significant adverse effects on nearby Madison formation wells and springs.
At the end of the twenty-year limitation, the board may cancel a permit or amend the permit with a new term limitation of up to twenty years, if the board is unable to make a finding after notice and hearing that sufficient information is available to delete the term limitation. The priority date for any permit issued with a term limitation or amended with an additional term limitation shall be the date the original application was filed.

Source: SL 1992, ch 315, §2.

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