South Dakota Codified Laws
Chapter 02A - Administrative Procedure For Appropriation Of Water
Section 46-2A-8.1 - Reinstatement of permit after expiration of time for construction--Application--Priority.

46-2A-8.1. Reinstatement of permit after expiration of time for construction--Application--Priority.
The Water Management Board may reinstate any water permit with a priority date after March 31, 1977, if unappropriated water is available and construction necessary to put water to beneficial use was not completed pursuant to §46-2A-8 or 46-5-26. Any application under this section shall be made within three years of the expiration of the original construction period pursuant to chapter 46-2A. The priority date for the application to reinstate a permit shall be the date the application to reinstate is filed.

Source: SL 1985, ch 345, §3; SL 1996, ch 263, §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.