South Dakota Codified Laws
Chapter 02A - Administrative Procedure For Appropriation Of Water
Section 46-2A-3 - Recommendation of chief engineer on application--Mailing to applicant--Duties of applicant.

46-2A-3. Recommendation of chief engineer on application--Mailing to applicant--Duties of applicant.
In all cases except applications for a well driller license or a well pump installer license, the chief engineer shall mail a copy of the recommendation to the applicant and, if the recommendation is to approve or defer the application, a copy of the newspaper notice to be published and the times when it is to be published. If the recommendation is to deny the application, the applicant within twenty days of the date the recommendation was mailed shall state in writing whether the applicant intends to oppose the recommendation at a hearing before the Water Management Board. Failure to submit a statement of intent to oppose a recommendation to deny to the chief engineer constitutes a withdrawal of the application. If the applicant chooses to oppose the recommendation, the chief engineer shall provide the applicant notice of the hearing to be published pursuant to the provisions of §46-2A-4. Any cost of publication shall be borne by the applicant.

Source: SL 1983, ch 316, §5; SL 2001, ch 241, §2.

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