46-7-5.11. Where privately owned high-hazard dam is subject to action by chief engineer and state.
The provisions of §46-7-5 shall take effect notwithstanding §46-7-5.7, if:
(1)The owner fails to comply with §§46-7-5.4 to 46-7-5.11, inclusive;
(2)The owner violates any of the conditions set by the board pursuant to §46-7-5.9; or
(3)There has been a change of conditions which takes the dam out of the operation of §§46-7-5.4 to 46-7-5.11, inclusive.
In addition, the board will cancel the filing and no further affidavits may be filed for the dam.
Source: SL 1990, ch 357, §8.
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.