South Dakota Codified Laws
Chapter 07 - Storage, Diversion And Irrigation Works
Section 46-7-5.8 - Requirements as to form and content of owner's affidavit.

46-7-5.8. Requirements as to form and content of owner's affidavit.
The owner's affidavit referred to in §46-7-5.7 shall:
(1)Be in a form prescribed and approved by the board;
(2)Identify and describe the dam in question;
(3)State the construction date of the dam;
(4)Acknowledge that the owner is aware that the unsafe condition exists;
(5)State that the owner refuses to correct the unsafe condition;
(6)Include a description of the flood plain as determined by the chief engineer;
(7)State that no one other than the owner and the owner's immediate family reside within the flood plain;
(8)Include the owner's express assumption of all liability for any claim, injury, or damage resulting from failure of the dam, specifically holding the state, the board, the department, the chief engineer, and all officers, agents, or employees of the state harmless from any liability and damages for claims, injuries, damages, and costs, including attorney's fees resulting from failure of the dam;
(9)Acknowledge that the owner is aware that the provisions of §§46-7-5.4 to 46-7-5.11, inclusive, only apply to privately owned high-hazard dams constructed before January 1, 1990, if the owner and the owner's immediate family are the only persons residing below the dam within the flood plain; and
(10)State that if any individual other than the owner establishes a habitation within the flood plain, the owner will report the name, address, and location of the individual to the chief engineer within ten days.

Source: SL 1990, ch 357, §5; SL 2011, ch 165, §282.

Structure South Dakota Codified Laws