46-5-38.1. Future use of water--Permit required for actual use--Review of future use permits.
Water Management Board approval of an application to appropriate water for future use is a reservation of a definite amount of water with a specified priority date and is not a grant of authority to construct the works or to put the water to beneficial use. Before the time that the holder of a future use permit initiates construction of the works and puts water to beneficial use, the holder shall file an application for a water permit pursuant to the procedure contained in chapter 46-2A. If the holder of the future use permit is granted a water permit to develop only a portion of the water reserved by the future use permit, the holder shall apply for and receive an additional water permit, or permits, before developing and using the remaining water reserved in the future use permit. Permits for future uses shall be reviewed by the board every seven years and are subject to cancellation if the board determines that the permit holder cannot demonstrate a reasonable need for a future use permit.
Source: SL 1983, ch 314, §71; SL 2011, ch 165, §271.
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.