South Dakota Codified Laws
Chapter 02A - Administrative Procedure For Appropriation Of Water
Section 46-2A-7 - Approval or disapproval of permit, license, or amendment--Applications for groundwater source determined to be fully appropriated.

46-2A-7. Approval or disapproval of permit, license, or amendment--Applications for groundwater source determined to be fully appropriated.
If the Water Management Board determines, based upon the evidence presented at the hearing, that the applicable requirements for the permit, license, or amendment have been met, it shall approve the permit, license, or amendment. If the board determines that the requirements have not been met or that the evidence is insufficient to support a determination, it shall disapprove the application or defer it for further study. The chief engineer shall hold an application submitted on or after July 1, 2014, to appropriate water from a groundwater source determined to be fully appropriated by the board pursuant to §46-6-3.1 only as provided in §§46-2A-7.1 to 46-2A-7.7, inclusive.

Source: SL 1983, ch 316, §13; SL 2014, ch 214, §1.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 46 - Water Rights

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-3 - Recommendation of chief engineer on application--Mailing to applicant--Duties of applicant.

Section 46-2A-4 - Publication of application and recommendation of chief engineer--Time for publication--Contents of notice.

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 - Approval or disapproval of permit, license, or amendment--Applications for groundwater source determined to be fully appropriated.

Section 46-2A-7.1 - Notice of determination that groundwater source fully appropriated--Applications for future consideration.

Section 46-2A-7.2 - Date of receipt--Incomplete application--One irrigation permit application per parcel.

Section 46-2A-7.3 - Applications submitted prior to board decision that aquifer is fully appropriated or prior to July 1, 2014.

Section 46-2A-7.4 - Priority list for future unappropriated water.

Section 46-2A-7.5 - Public hearing to review groundwater source--Notice--Retention of eligibility by applicant.

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-8 - Time for completion of construction and use of water--Application for lesser amount of water or variance in periods of use.

Section 46-2A-8.1 - Reinstatement of permit after expiration of time for construction--Application--Priority.

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-13 - Well driller or well pump installer license--Issuance by chief engineer--Procedure on denial or deferral of decision.

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.

Section 46-2A-21 - Deletion of term limitation under certain conditions--Cancellation or amendment of permit.

Section 46-2A-22 - Correction of errors in published notice of vested right claims--Contents--Hearing only on filing of petition.

Section 46-2A-23 - Publication of notice to determine opposition to application or recommendation of chief engineer--Petition to contest--Notice of hearing.