46-6-1. Vested rights defined.
The term, vested rights, as used in this chapter, means:
(1)Beneficial uses of groundwater under diversions and applications of water before February 28, 1955;
(2)The right to take and use groundwater for beneficial purposes if an owner or lawful agent was engaged in the construction of works for the actual application of water to a beneficial use on February 28, 1955, if the works are completed and water is actually applied for such use within a reasonable time after that date.
Source: SL 1955, ch 431, §1; SDC Supp 1960, §61.0401 (11); SL 2011, ch 165, §274.
Structure South Dakota Codified Laws
Chapter 06 - Groundwater And Wells
Section 46-6-1 - Vested rights defined.
Section 46-6-3 - Appropriation of groundwater authorized.
Section 46-6-6 - Collection, preservation, and publication of data on underground water.
Section 46-6-6.1 - Rules and regulations governing large capacity wells--Criteria and contents.
Section 46-6-9 - Well driller license--Fee--Issuance.
Section 46-6-9.1 - Well driller or well pump installer license--Revocation.
Section 46-6-9.3 - Well pump installer license--Fee--Issuance.
Section 46-6-9.4 - Certain persons exempt from well pump installer license requirements.
Section 46-6-11 - Records of well construction required.
Section 46-6-12 - Inspection of wells by chief engineer or state geologist.
Section 46-6-13 - Measurement of flow and pressure of wells by chief engineer.
Section 46-6-14 - Waste of water from large capacity well prohibited.
Section 46-6-16 - Uncontrolled artesian well from oil and gas exploration--Notice to chief engineer.
Section 46-6-18 - Plugging abandoned or forfeited well by owner--"Owner" defined.
Section 46-6-20 - Rules and regulations of board relating to wells.
Section 46-6-21 - Control of large capacity well required.
Section 46-6-24 - Liability for damages to domestic and municipal wells.
Section 46-6-25 - Domestic and municipal well protection--Enforceability--Fees and costs.
Section 46-6-27 - Plugging, sealing, or capping abandoned wells required--Rules.
Section 46-6-28 - Geological survey to plug unused wells.
Section 46-6-29 - Plugging or controlling large capacity well by chief engineer--Costs.
Section 46-6-31 - Plugging or controlling well by chief engineer--Bidding provisions.