South Dakota Codified Laws
Chapter 07 - Storage, Diversion And Irrigation Works
Section 46-7-2 - Headgates or other measuring devices required.

46-7-2. Headgates or other measuring devices required.
Any appropriator may be required to construct and maintain a substantial headgate or other means of measurement at the point of diversion or at any other point or points as required by the Water Management Board and shall construct or install a measuring device of a design approved by the board at the most practical point or points for measuring and apportioning the water as approved in the permit or license or as determined by the board. The board may order the construction or installation of a measuring device by an appropriator and, if it is not completed within twenty days thereafter, the board may refuse to allow diversion by the appropriator. Devices not of a stationary nature shall be so arranged that they can be locked in place.

Source: SDC 1939, §61.0143; SL 1955, ch 430, §1; SDC Supp 1960, §61.0130; SL 1978, ch 324; SL 1983, ch 314, §116.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 46 - Water Rights

Chapter 07 - Storage, Diversion And Irrigation Works

Section 46-7-1 - Excess capacity of works--Availability for beneficial use.

Section 46-7-2 - Headgates or other measuring devices required.

Section 46-7-3 - Repair of works required--Rules.

Section 46-7-5 - Inspection of works by chief engineer--Order for repair of unsafe works--Repair by chief engineer--Costs--Filing of written protest--Hearing--Liability of chief engineer and state.

Section 46-7-5.1 - Repair of unsafe works by chief engineer--Cost as lien against property--Bidding provisions.

Section 46-7-5.2 - Breach or repair of works by chief engineer to protect human life--Cost as lien against property--Other remedies.

Section 46-7-5.3 - Investigation of dam--Variance relating to minimum spillway design requirements--Hearing.

Section 46-7-5.4 - Definition of terms.

Section 46-7-5.5 - Application to dams constructed before January 1, 1990--Owner and family sole residents--Determination of flood plain.

Section 46-7-5.6 - Owner's reporting requirements where nonowner establishes habitation within flood plain.

Section 46-7-5.7 - Privately owned high-hazard dam--Where chief engineer and state not obligated to secure safety thereof--Owner's affidavit upon refusal to correct unsafe condition.

Section 46-7-5.8 - Requirements as to form and content of owner's affidavit.

Section 46-7-5.9 - Board's acceptance of owner's affidavit--Conditions.

Section 46-7-5.10 - Recording requirements as to owner's affidavit.

Section 46-7-5.11 - Where privately owned high-hazard dam is subject to action by chief engineer and state.

Section 46-7-12 - Willful damage, destruction, or interference with works prohibited.

Section 46-7-14 - Unauthorized injury to or interference with pier, boom, or dam prohibited.

Section 46-7-15 - Removal or injury of piles prohibited.