46-5-1.1. Obstruction of navigable watercourse or interference with stage, level, or flow of public waters prohibited--Contests resolved by Water Management Board.
No person may obstruct the free navigation of any navigable watercourse within this state. No person, except under lawful authority to do so, may intentionally obstruct, tamper with, or interfere with the stage, level, or flow of the public waters of this state by any means, including a ditch, drain, or dike, so that the stage, level, or flow of water in any lake, stream, river, or other public watercourse is raised or lowered or its natural flow interfered with in any way. At the request of any person, unit of local government, or political subdivision of the state, any contest pertaining to the restrictions set forth in this section may be brought to the Water Management Board for resolution. The board may require the parties to any contested case under this section to submit the matter for mediation prior to a hearing before the board. Mediation may be informal or through a trained professional mediator as may be directed by the board. All costs of mediation shall be equally shared by the parties unless the parties agree to some other apportionment of costs. The parties shall report to the board at its next regularly scheduled meeting the status of the mediation. If the parties are unable to resolve the matter through mediation, the matter shall be submitted to the board for resolution by contested case hearing. The board's ruling may be appealed to the circuit court under the provisions of chapter 1-26.
Source: SDC 1939, §13.1615; SL 1955, ch 435; SDC Supp 1960, §13.4522; SDCL, §§46-26-1, 46-26-2; SL 1983, ch 314, §38; SL 1996, ch 264.
Structure South Dakota Codified Laws
Chapter 05 - Appropriation Of Water
Section 46-5-1 - Natural flow of stream or spring--Restrictions on riparian use.
Section 46-5-2 - Nonnavigable stream--Right to construct and maintain dam.
Section 46-5-3 - Natural spring forming part of stream--Right to appropriate flow from spring.
Section 46-5-4 - Priority of appropriative rights granted since March 7, 1907.
Section 46-5-4.1 - Validation of prior licenses.
Section 46-5-6 - Appropriation of water for irrigation--Limitation of amount.
Section 46-5-6.1 - Restrictions on appropriation of Missouri River water for irrigation.
Section 46-5-6.11 - Authority of chief engineer to issue appropriation permits.
Section 46-5-7 - Priority of appropriation--Date of filing application.
Section 46-5-8.2 - Permit required for water distribution system.
Section 46-5-9 - Construction of works prior to obtaining permit to appropriate water prohibited.
Section 46-5-10 - Appropriation of water--Application for permit required.
Section 46-5-11 - Application--Information required.
Section 46-5-13 - Diversion rate and amount allowed by permit.
Section 46-5-13.1 - Change of location of diversion point.
Section 46-5-14 - Water which may be reclaimed.
Section 46-5-15 - Water diverted for municipal use--Issuance of permit--Contest and appeal.
Section 46-5-24 - Amendment or change of plans of construction or place of diversion.
Section 46-5-25 - Diligent prosecution of construction work--Forfeiture of rights--Extension.
Section 46-5-26 - Extension of time for completion of construction or application to beneficial use.
Section 46-5-30 - Inspection of works by chief engineer before use--Authority to require changes.
Section 46-5-30.1 - License issued by chief engineer.
Section 46-5-30.2 - Limitations on rights given by permit or license.
Section 46-5-30.3 - Sale or transfer of application, permit, or license--Notice to chief engineer.
Section 46-5-30.4 - Amendment of permits or rights.
Section 46-5-30.5 - Unpermitted acreage developed for irrigation--Requirement.
Section 46-5-31 - Change of use or place of diversion.
Section 46-5-31.1 - Abandoned permitted irrigation use--Stock watering permitted.
Section 46-5-32 - Assignment of application, permit, or license.
Section 46-5-33 - Irrigation application, permit, or right not assignable apart from land.
Section 46-5-37.2 - Exceptions to forfeiture for nonuse.
Section 46-5-38 - Future use of water--Entities entitled to reservation.
Section 46-5-39 - Temporary use permits--Authorization for.
Section 46-5-40 - Temporary use permits--Cancellation.
Section 46-5-44 - United States withdrawal of unappropriated waters--Cancellation.
Section 46-5-46 - Unauthorized use or waste of water or violation of permit or license prohibited.
Section 46-5-47 - Flood control--Permit required.
Section 46-5-48 - Flood control--Emergency facilities authorized.
Section 46-5-49 - Filing of vested right claim--Hearing--Mandatory filing--Waiver of right.
Section 46-5-50 - Drip irrigation defined.