46-2A-9. Appropriation of water--When permit may be issued.
A permit to appropriate water may only be issued if there is reasonable probability that unappropriated water is available for the applicant's proposed use, the proposed diversion can be developed without unlawful impairment of existing domestic water uses and water rights, the proposed use is a beneficial use, and the permit is in the public interest as it pertains to matters of public interest within the regulatory authority of the Water Management Board as defined by §§ 46-2-9 and 46-2-11.
Source: SL 1983, ch 316, §18; SL 2021, ch 192, § 4.
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.