South Dakota Codified Laws
Chapter 06 - Groundwater And Wells
Section 46-6-27 - Plugging, sealing, or capping abandoned wells required--Rules.

46-6-27. Plugging, sealing, or capping abandoned wells required--Rules.
If the owner of an existing well drills a replacement well and if the owner has no plan to use the existing well, the existing well is considered abandoned. The well owner shall plug the abandoned well within thirty days after the new well is ready for use. Any well that is being used or is not considered abandoned shall be sealed or capped at the surface. The Water Management Board shall promulgate rules pursuant to chapter 1-26 providing for plugging, capping, or sealing of wells to protect the health and safety of the public and to prevent contamination of groundwater by surface waters.

Source: SL 1983, ch 319, §1; SL 1993, ch 256, §61.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 46 - Water Rights

Chapter 06 - Groundwater And Wells

Section 46-6-1 - Vested rights defined.

Section 46-6-2 - Filing of vested right claim by claimant of vested right to groundwater--Hearing--Mandatory filing--Waiver of right.

Section 46-6-3 - Appropriation of groundwater authorized.

Section 46-6-3.1 - Annual withdrawal of groundwater not to exceed recharge--Exception for water distribution systems.

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 46-6-9.2 - Well driller's license or well pump installer's license required for certain persons.

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 46-6-9.5 - Well pump installers and well drillers prohibited from performing certain acts without appropriate license.

Section 46-6-10 - Wells to be constructed so as to prevent waste--Methods of construction, specification by board.

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 46-6-15 - Uncontrolled artesian well--Definition--Owner to notify board of size and location.

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 46-6-26 - Permits may be denied or conditioned to protect domestic or municipal wells or natural springs.

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 46-6-30 - Order of chief engineer for proper construction or repair of well--Plugging or controlling well--Costs.

Section 46-6-31 - Plugging or controlling well by chief engineer--Bidding provisions.