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.
The chief engineer may inspect any works described in §46-7-3, including abandoned works, to determine whether the works are safe. If works are found to be unsafe, the chief engineer shall notify the owner and shall order the owner to make changes necessary to secure the safety of the works, allowing a reasonable time, not to exceed six months, for putting the works in a safe condition. The order may specify that if the owner fails to make the repairs in the time allowed, the chief engineer may enter the property and put the works in a safe condition. Any costs incurred shall be borne by the owner in accordance with §46-7-5.1. The owner may contest the order of the chief engineer by filing a protest in writing with the chief engineer within twenty days of the service of the order upon the owner. Upon receiving the protest, the chief engineer shall schedule the matter for hearing with the board in accordance with the provisions of chapter 46-2A. The filing of the written protest suspends the operation of the chief engineer's order until further action by the board. The board may affirm, modify, or reverse the order of the chief engineer. No owner of unsafe works as determined by the chief engineer or, after a protest and hearing, by the board may fail or refuse to make changes necessary to secure the works' safety pursuant to the order. The chief engineer, the state, or its employees do not incur any liability, either sovereign or personal, as a result of the duties imposed by this section or other provisions related to the inspection and repair, maintenance, or alteration of works or the notification to owners of unsafe conditions.
Source: SDC 1939, §61.0130; SL 1955, ch 430, §1; SDC Supp 1960, §61.0118; SL 1983, ch 314, §119; SL 1987, ch 328, §1A; SL 2011, ch 165, §279.
Structure South Dakota Codified Laws
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 46-7-5.4 - Definition of terms.
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 46-7-12 - Willful damage, destruction, or interference with works prohibited.
Section 46-7-14 - Unauthorized injury to or interference with pier, boom, or dam prohibited.