46-6-6.1. Rules and regulations governing large capacity wells--Criteria and contents.
In addition to powers otherwise provided the Water Management Board shall promulgate rules pursuant to chapter 1-26 controlling the location and capacity of irrigation, industrial, municipal, and other large capacity wells for the purpose of ensuring or protecting water for reasonable domestic use, without the necessity of requiring maintenance of artesian head pressure in a domestic use well. In addition the rules shall provide:
(1)For regulation of the use of large capacity wells in the degree necessary to maintain an adequate depth of water for reasonable domestic needs and for a prior appropriator at his point of diversion, in wells which meet minimum well construction standards;
(2)For minimum construction standards for all wells in South Dakota which standards shall be based upon the ability of a well to produce water independent of artesian pressure;
(3)For regulation so the waste or deterioration of the quantity of groundwater through surface or underground leakage will be minimal;
(4)Standard which will provide for lowering of a water lift mechanism to a depth near the bottom of the groundwater supply or, in artesian water to a substantial depth below the geological formation confining the groundwater; and
(5)For regulation which will provide for a reasonable life of all wells.
Source: SL 1955, ch 431, §1; SDC Supp 1960, §61.0402; SDCL, §46-6-6; SL 1972, ch 237, §6; SL 1993, ch 256, §58.
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.