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Chapter 01 - Definitions And General Provisions
Section 46-1-1 - Use of water of state--Paramount interest of people--Conversion to public use. - 46-1-1. Use of water of state--Paramount interest of people--Conversion to...
Section 46-1-2 - Development of water resources for public benefit. - 46-1-2. Development of water resources for public benefit. It is...
Section 46-1-3 - Water as property of people--Appropriation of right to use. - 46-1-3. Water as property of people--Appropriation of right to use....
Section 46-1-4 - Beneficial use of water resources--Prevention of waste--Right to water from natural stream or watercourse. - 46-1-4. Beneficial use of water resources--Prevention of waste--Right to water...
Section 46-1-5 - Domestic use of water takes precedence over appropriative rights--Governmental use. - 46-1-5. Domestic use of water takes precedence over appropriative rights--Governmental...
Section 46-1-6 - Definition of terms. - 46-1-6. Definition of terms. Terms used in this title mean:...
Section 46-1-7 - Standards of measurement--Flow of water--Volume of water--Miner's inch. - 46-1-7. Standards of measurement--Flow of water--Volume of water--Miner's inch. The...
Section 46-1-8 - Beneficial use--Measure and limit of right to use of waters. - 46-1-8. Beneficial use--Measure and limit of right to use of...
Section 46-1-9 - Vested rights defined. - 46-1-9. Vested rights defined. The term, vested rights, used in...
Section 46-1-10 - Vested rights acquired before July 1, 1955, validated. - 46-1-10. Vested rights acquired before July 1, 1955, validated. All...
Section 46-1-11 - Violations of water use laws as misdemeanors--Civil fine in addition--Each day as separate violation--Exemption of board and commission actions. - 46-1-11. Violations of water use laws as misdemeanors--Civil fine in...
Section 46-1-12 - Suspension or cancellation of permit or license. - 46-1-12. Suspension or cancellation of permit or license. Any permit...
Section 46-1-13 - Grant of water right for use outside state. - 46-1-13. Grant of water right for use outside state. A...
Section 46-1-14 - Terms and conditions of permits and licenses--Amendment. - 46-1-14. Terms and conditions of permits and licenses--Amendment. The Water...
Section 46-1-15 - Permit required for appropriation of waters. - 46-1-15. Permit required for appropriation of waters. Except as otherwise...
Section 46-1-16 - Authority of chief engineer to issue permits--Scheduling application. - 46-1-16. Authority of chief engineer to issue permits--Scheduling application. The...
Chapter 02 - Water Management Board And Chief Engineer
Section 46-2-3 - Chief engineer--Employment--Advice to board. - 46-2-3. Chief engineer--Employment--Advice to board. The secretary may employ a...
Section 46-2-3.1 - Delegation of authority to chief engineer--Restrictions. - 46-2-3.1. Delegation of authority to chief engineer--Restrictions. The Water Management...
Section 46-2-4 - Attorneys to advise board--Employment of other counsel. - 46-2-4. Attorneys to advise board--Employment of other counsel. The attorney...
Section 46-2-4.1 - Attorneys to advise chief engineer. - 46-2-4.1. Attorneys to advise chief engineer. The attorney general shall...
Section 46-2-5 - Rules to establish procedures and practices of board. - 46-2-5. Rules to establish procedures and practices of board. The...
Section 46-2-7.1 - Minutes and records of board actions. - 46-2-7.1. Minutes and records of board actions. The Water Management...
Section 46-2-9 - Powers, functions, and duties of board. - 46-2-9. Powers, functions, and duties of board. The Water Management...
Section 46-2-11 - Regulatory authority of board. - 46-2-11. Regulatory authority of board. The Water Management Board shall...
Section 46-2-13 - Fees of department--Payment to state treasury to environment and natural resources fee fund. - 46-2-13. Fees of department--Payment to state treasury to environment and...
Section 46-2-14 - Experimental and observation stations. - 46-2-14. Experimental and observation stations. The Water Management Board may...
Section 46-2-17 - Chief engineer's general enforcement authority. - 46-2-17. Chief engineer's general enforcement authority. The chief engineer may:...
Section 46-2-18 - Chief engineer's authority to order discontinuance of water use. - 46-2-18. Chief engineer's authority to order discontinuance of water use....
Section 46-2-19 - Chief engineer's authority to enter property. - 46-2-19. Chief engineer's authority to enter property. The chief engineer,...
Section 46-2-20 - Cooperation with United States agencies. - 46-2-20. Cooperation with United States agencies. The Water Management Board...
Section 46-2-21 - County appropriations for geologic or groundwater studies. - 46-2-21. County appropriations for geologic or groundwater studies. A board...
Section 46-2-22 - Enforcement dry-draw dam domestic use limitations restricted. - 46-2-22. Enforcement dry-draw dam domestic use limitations restricted. The Water...
Section 46-2-23 - Establishment of well rehabilitation and plugging subfund--Source of subfund--Expenditures--Unexpended funds--Uses of fund. - 46-2-23. Establishment of well rehabilitation and plugging subfund--Source of subfund--Expenditures--Unexpended...
Section 46-2-24 - Prehearing officer--Duties--Rulings. - 46-2-24. Prehearing officer--Duties--Rulings. The Water Management Board member appointed as...
Chapter 02A - Administrative Procedure For Appropriation Of Water
Section 46-2A-1 - Application of provisions of chapter. - 46-2A-1. Application of provisions of chapter. The provisions of this...
Section 46-2A-2 - Recommendation of chief engineer on application--Schedule of hearing. - 46-2A-2. Recommendation of chief engineer on application--Schedule of hearing. Within...
Section 46-2A-3 - Recommendation of chief engineer on application--Mailing to applicant--Duties of applicant. - 46-2A-3. Recommendation of chief engineer on application--Mailing to applicant--Duties of...
Section 46-2A-4 - Publication of application and recommendation of chief engineer--Time for publication--Contents of notice. - 46-2A-4. Publication of application and recommendation of chief engineer--Time for...
Section 46-2A-5 - Postponement of hearing on application--Time for notice. - 46-2A-5. Postponement of hearing on application--Time for notice. The applicant...
Section 46-2A-6 - Service and filing of pleadings, petitions, and motions. - 46-2A-6. Service and filing of pleadings, petitions, and motions. The...
Section 46-2A-7 - Approval or disapproval of permit, license, or amendment--Applications for groundwater source determined to be fully appropriated. - 46-2A-7. Approval or disapproval of permit, license, or amendment--Applications for...
Section 46-2A-7.1 - Notice of determination that groundwater source fully appropriated--Applications for future consideration. - 46-2A-7.1. Notice of determination that groundwater source fully appropriated--Applications for...
Section 46-2A-7.2 - Date of receipt--Incomplete application--One irrigation permit application per parcel. - 46-2A-7.2. Date of receipt--Incomplete application--One irrigation permit application per parcel....
Section 46-2A-7.3 - Applications submitted prior to board decision that aquifer is fully appropriated or prior to July 1, 2014. - 46-2A-7.3. Applications submitted prior to board decision that aquifer is...
Section 46-2A-7.4 - Priority list for future unappropriated water. - 46-2A-7.4. Priority list for future unappropriated water. From the list...
Section 46-2A-7.5 - Public hearing to review groundwater source--Notice--Retention of eligibility by applicant. - 46-2A-7.5. Public hearing to review groundwater source--Notice--Retention of eligibility by...
Section 46-2A-7.6 - Unappropriated water to be available to held applications based on priority. - 46-2A-7.6. Unappropriated water to be available to held applications based...
Section 46-2A-7.7 - Transfer of water permit application. - 46-2A-7.7. Transfer of water permit application. No water permit application...
Section 46-2A-8 - Time for completion of construction and use of water--Application for lesser amount of water or variance in periods of use. - 46-2A-8. Time for completion of construction and use of water--Application...
Section 46-2A-8.1 - Reinstatement of permit after expiration of time for construction--Application--Priority. - 46-2A-8.1. Reinstatement of permit after expiration of time for construction--Application--Priority....
Section 46-2A-9 - Appropriation of water--When permit may be issued. - 46-2A-9. Appropriation of water--When permit may be issued. A permit...
Section 46-2A-10 - Reservation for future use--When approval allowed. - 46-2A-10. Reservation for future use--When approval allowed. A reservation for...
Section 46-2A-11 - Flood control works--When permit may be issued. - 46-2A-11. Flood control works--When permit may be issued. A permit...
Section 46-2A-12 - Amendment of permit or license--When granted. - 46-2A-12. Amendment of permit or license--When granted. An amendment of...
Section 46-2A-13 - Well driller or well pump installer license--Issuance by chief engineer--Procedure on denial or deferral of decision. - 46-2A-13. Well driller or well pump installer license--Issuance by chief...
Section 46-2A-14 - Application and permit refer to one water use system--Location to be stated. - 46-2A-14. Application and permit refer to one water use system--Location...
Section 46-2A-15 - Date of receipt of application recorded--Correction of application. - 46-2A-15. Date of receipt of application recorded--Correction of application. The...
Section 46-2A-16 - Validation of vested water right claim--Notice. - 46-2A-16. Validation of vested water right claim--Notice. Any claim for...
Section 46-2A-17 - Hearing to oppose validation--Notice. - 46-2A-17. Hearing to oppose validation--Notice. If a petition of intent...
Section 46-2A-18 - Abandonment of validated vested right. - 46-2A-18. Abandonment of validated vested right. Recognition or validation of...
Section 46-2A-19 - Adjustment and validation of certain interstate water right claims. - 46-2A-19. Adjustment and validation of certain interstate water right claims....
Section 46-2A-20 - Term limitation on water withdrawal from Madison formation in certain counties. - 46-2A-20. Term limitation on water withdrawal from Madison formation in...
Section 46-2A-21 - Deletion of term limitation under certain conditions--Cancellation or amendment of permit. - 46-2A-21. Deletion of term limitation under certain conditions--Cancellation or amendment...
Section 46-2A-22 - Correction of errors in published notice of vested right claims--Contents--Hearing only on filing of petition. - 46-2A-22. Correction of errors in published notice of vested right...
Section 46-2A-23 - Publication of notice to determine opposition to application or recommendation of chief engineer--Petition to contest--Notice of hearing. - 46-2A-23. Publication of notice to determine opposition to application or...
Chapter 04 - Dry-Draw And Nonnavigable Stream Dams
Section 46-4-1 - Dry-draw on agricultural lands--Right to construct dam--Right or permit for dam on stream or dry-draw subject to prior appropriation. - 46-4-1. Dry-draw on agricultural lands--Right to construct dam--Right or permit...
Section 46-4-1.1 - Nonnavigable stream--Right to construct and maintain dam. - 46-4-1.1. Nonnavigable stream--Right to construct and maintain dam. Any person...
Section 46-4-2 - Upper users priority for domestic use--Exception--Contest resolution--Appeal. - 46-4-2. Upper users priority for domestic use--Exception--Contest resolution--Appeal. For the...
Section 46-4-3 - Location notice required--Filing. - 46-4-3. Location notice required--Filing. Any person desiring to take advantage...
Section 46-4-4 - Location notice--Contents--Verification. - 46-4-4. Location notice--Contents--Verification. The location notice required under the provisions...
Section 46-4-5 - Vested right to water from dry-draw. - 46-4-5. Vested right to water from dry-draw. The right of...
Section 46-4-6 - Time for construction and completion of dam. - 46-4-6. Time for construction and completion of dam. Any person...
Chapter 05 - Appropriation Of Water
Section 46-5-1 - Natural flow of stream or spring--Restrictions on riparian use. - 46-5-1. Natural flow of stream or spring--Restrictions on riparian use....
Section 46-5-1.1 - Obstruction of navigable watercourse or interference with stage, level, or flow of public waters prohibited--Contests resolved by Water Management Board. - 46-5-1.1. Obstruction of navigable watercourse or interference with stage, level,...
Section 46-5-1.2 - Removal of obstructions built by beavers if lands flooded or water rights impaired. - 46-5-1.2. Removal of obstructions built by beavers if lands flooded...
Section 46-5-2 - Nonnavigable stream--Right to construct and maintain dam. - 46-5-2. Nonnavigable stream--Right to construct and maintain dam. Any person...
Section 46-5-3 - Natural spring forming part of stream--Right to appropriate flow from spring. - 46-5-3. Natural spring forming part of stream--Right to appropriate flow...
Section 46-5-4 - Priority of appropriative rights granted since March 7, 1907. - 46-5-4. Priority of appropriative rights granted since March 7, 1907....
Section 46-5-4.1 - Validation of prior licenses. - 46-5-4.1. Validation of prior licenses. Any license issued prior to...
Section 46-5-5 - Waters flowing in definite stream subject to appropriation--Beneficial use--Excessive appropriation not allowed. - 46-5-5. Waters flowing in definite stream subject to appropriation--Beneficial use--Excessive...
Section 46-5-6 - Appropriation of water for irrigation--Limitation of amount. - 46-5-6. Appropriation of water for irrigation--Limitation of amount. In the...
Section 46-5-6.1 - Restrictions on appropriation of Missouri River water for irrigation. - 46-5-6.1. Restrictions on appropriation of Missouri River water for irrigation....
Section 46-5-6.11 - Authority of chief engineer to issue appropriation permits. - 46-5-6.11. Authority of chief engineer to issue appropriation permits. As...
Section 46-5-7 - Priority of appropriation--Date of filing application. - 46-5-7. Priority of appropriation--Date of filing application. As between appropriators,...
Section 46-5-8 - Permit not required for domestic use--Permit required for dams on streams or dry-draws--Registration of domestic wells. - 46-5-8. Permit not required for domestic use--Permit required for dams...
Section 46-5-8.1 - Permit issued by board to effectuate contract between district and energy industry user--Cancellation of permit or license. - 46-5-8.1. Permit issued by board to effectuate contract between district...
Section 46-5-8.2 - Permit required for water distribution system. - 46-5-8.2. Permit required for water distribution system. If water is...
Section 46-5-9 - Construction of works prior to obtaining permit to appropriate water prohibited. - 46-5-9. Construction of works prior to obtaining permit to appropriate...
Section 46-5-10 - Appropriation of water--Application for permit required. - 46-5-10. Appropriation of water--Application for permit required. Any person intending...
Section 46-5-11 - Application--Information required. - 46-5-11. Application--Information required. Water Management Board rules shall, in addition...
Section 46-5-13 - Diversion rate and amount allowed by permit. - 46-5-13. Diversion rate and amount allowed by permit. A permit...
Section 46-5-13.1 - Change of location of diversion point. - 46-5-13.1. Change of location of diversion point. The location of...
Section 46-5-14 - Water which may be reclaimed. - 46-5-14. Water which may be reclaimed. Water turned into any...
Section 46-5-15 - Water diverted for municipal use--Issuance of permit--Contest and appeal. - 46-5-15. Water diverted for municipal use--Issuance of permit--Contest and appeal....
Section 46-5-20.1 - Legislative approval required for large-scale appropriation--Eminent domain powers denied for unauthorized appropriation. - 46-5-20.1. Legislative approval required for large-scale appropriation--Eminent domain powers denied...
Section 46-5-21.1 - Permits for energy industry use--Period for application of water to beneficial use. - 46-5-21.1. Permits for energy industry use--Period for application of water...
Section 46-5-24 - Amendment or change of plans of construction or place of diversion. - 46-5-24. Amendment or change of plans of construction or place...
Section 46-5-25 - Diligent prosecution of construction work--Forfeiture of rights--Extension. - 46-5-25. Diligent prosecution of construction work--Forfeiture of rights--Extension. The work...
Section 46-5-26 - Extension of time for completion of construction or application to beneficial use. - 46-5-26. Extension of time for completion of construction or application...
Section 46-5-30 - Inspection of works by chief engineer before use--Authority to require changes. - 46-5-30. Inspection of works by chief engineer before use--Authority to...
Section 46-5-30.1 - License issued by chief engineer. - 46-5-30.1. License issued by chief engineer. Upon completion of an...
Section 46-5-30.2 - Limitations on rights given by permit or license. - 46-5-30.2. Limitations on rights given by permit or license. Neither...
Section 46-5-30.3 - Sale or transfer of application, permit, or license--Notice to chief engineer. - 46-5-30.3. Sale or transfer of application, permit, or license--Notice to...
Section 46-5-30.4 - Amendment of permits or rights. - 46-5-30.4. Amendment of permits or rights. Subject to the limitations...
Section 46-5-30.5 - Unpermitted acreage developed for irrigation--Requirement. - 46-5-30.5. Unpermitted acreage developed for irrigation--Requirement. Acreage developed for irrigation...
Section 46-5-31 - Change of use or place of diversion. - 46-5-31. Change of use or place of diversion. Any appropriator...
Section 46-5-31.1 - Abandoned permitted irrigation use--Stock watering permitted. - 46-5-31.1. Abandoned permitted irrigation use--Stock watering permitted. If permitted irrigation...
Section 46-5-32 - Assignment of application, permit, or license. - 46-5-32. Assignment of application, permit, or license. Subject to the...
Section 46-5-33 - Irrigation application, permit, or right not assignable apart from land. - 46-5-33. Irrigation application, permit, or right not assignable apart from...
Section 46-5-34 - Irrigation rights appurtenant to land--Amendment of permit required for severance and transfer. - 46-5-34. Irrigation rights appurtenant to land--Amendment of permit required for...
Section 46-5-34.1 - Transfer of irrigation rights apart from land--Restricted purposes--Protection of other users. - 46-5-34.1. Transfer of irrigation rights apart from land--Restricted purposes--Protection of...
Section 46-5-36 - Abandonment of use of water appurtenant to land--Public water subject to general appropriation. - 46-5-36. Abandonment of use of water appurtenant to land--Public water...
Section 46-5-37 - Failure to use beneficially appropriated water--Forfeiture for nonuse--Reversion to public. - 46-5-37. Failure to use beneficially appropriated water--Forfeiture for nonuse--Reversion to...
Section 46-5-37.1 - Abandonment or forfeiture of permits or rights--Recommendation of chief engineer for cancellation. - 46-5-37.1. Abandonment or forfeiture of permits or rights--Recommendation of chief...
Section 46-5-37.2 - Exceptions to forfeiture for nonuse. - 46-5-37.2. Exceptions to forfeiture for nonuse. The provisions of §46-5-37...
Section 46-5-38 - Future use of water--Entities entitled to reservation. - 46-5-38. Future use of water--Entities entitled to reservation. The following...
Section 46-5-38.1 - Future use of water--Permit required for actual use--Review of future use permits. - 46-5-38.1. Future use of water--Permit required for actual use--Review of...
Section 46-5-39 - Temporary use permits--Authorization for. - 46-5-39. Temporary use permits--Authorization for. Before an entity described in...
Section 46-5-40 - Temporary use permits--Cancellation. - 46-5-40. Temporary use permits--Cancellation. The chief engineer may not cancel...
Section 46-5-40.1 - Temporary permits for use of public water for construction, testing, or drilling purposes--Term of permit--Qualifications and limitations. - 46-5-40.1. Temporary permits for use of public water for construction,...
Section 46-5-44 - United States withdrawal of unappropriated waters--Cancellation. - 46-5-44. United States withdrawal of unappropriated waters--Cancellation. As soon as...
Section 46-5-46 - Unauthorized use or waste of water or violation of permit or license prohibited. - 46-5-46. Unauthorized use or waste of water or violation of...
Section 46-5-47 - Flood control--Permit required. - 46-5-47. Flood control--Permit required. No person may construct facilities on...
Section 46-5-48 - Flood control--Emergency facilities authorized. - 46-5-48. Flood control--Emergency facilities authorized. Section 46-5-47 does not apply...
Section 46-5-49 - Filing of vested right claim--Hearing--Mandatory filing--Waiver of right. - 46-5-49. Filing of vested right claim--Hearing--Mandatory filing--Waiver of right. Any...
Section 46-5-50 - Drip irrigation defined. - 46-5-50. Drip irrigation defined. For purposes of §46-5-51, the term,...
Section 46-5-51 - Permit not required for drip irrigation. - 46-5-51. Permit not required for drip irrigation. A permit to...
Section 46-5-52 - Noncommercial purposes defined. - 46-5-52. Noncommercial purposes defined. For purposes of §46-5-51, the term,...
Chapter 06 - Groundwater And Wells
Section 46-6-1 - Vested rights defined. - 46-6-1. Vested rights defined. The term, vested rights, as used...
Section 46-6-2 - Filing of vested right claim by claimant of vested right to groundwater--Hearing--Mandatory filing--Waiver of right. - 46-6-2. Filing of vested right claim by claimant of vested...
Section 46-6-3 - Appropriation of groundwater authorized. - 46-6-3. Appropriation of groundwater authorized. Subject to vested rights and...
Section 46-6-3.1 - Annual withdrawal of groundwater not to exceed recharge--Exception for water distribution systems. - 46-6-3.1. Annual withdrawal of groundwater not to exceed recharge--Exception for...
Section 46-6-6 - Collection, preservation, and publication of data on underground water. - 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. - 46-6-6.1. Rules and regulations governing large capacity wells--Criteria and contents....
Section 46-6-9 - Well driller license--Fee--Issuance. - 46-6-9. Well driller license--Fee--Issuance. Any well driller, before doing any...
Section 46-6-9.1 - Well driller or well pump installer license--Revocation. - 46-6-9.1. Well driller or well pump installer license--Revocation. The chief...
Section 46-6-9.2 - Well driller's license or well pump installer's license required for certain persons. - 46-6-9.2. Well driller's license or well pump installer's license required...
Section 46-6-9.3 - Well pump installer license--Fee--Issuance. - 46-6-9.3. Well pump installer license--Fee--Issuance. The Water Management Board shall...
Section 46-6-9.4 - Certain persons exempt from well pump installer license requirements. - 46-6-9.4. Certain persons exempt from well pump installer license requirements....
Section 46-6-9.5 - Well pump installers and well drillers prohibited from performing certain acts without appropriate license. - 46-6-9.5. Well pump installers and well drillers prohibited from performing...
Section 46-6-10 - Wells to be constructed so as to prevent waste--Methods of construction, specification by board. - 46-6-10. Wells to be constructed so as to prevent waste--Methods...
Section 46-6-11 - Records of well construction required. - 46-6-11. Records of well construction required. On each well drilled...
Section 46-6-12 - Inspection of wells by chief engineer or state geologist. - 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. - 46-6-13. Measurement of flow and pressure of wells by chief...
Section 46-6-14 - Waste of water from large capacity well prohibited. - 46-6-14. Waste of water from large capacity well prohibited. No...
Section 46-6-15 - Uncontrolled artesian well--Definition--Owner to notify board of size and location. - 46-6-15. Uncontrolled artesian well--Definition--Owner to notify board of size and...
Section 46-6-16 - Uncontrolled artesian well from oil and gas exploration--Notice to chief engineer. - 46-6-16. Uncontrolled artesian well from oil and gas exploration--Notice to...
Section 46-6-18 - Plugging abandoned or forfeited well by owner--"Owner" defined. - 46-6-18. Plugging abandoned or forfeited well by owner--"Owner" defined. Any...
Section 46-6-20 - Rules and regulations of board relating to wells. - 46-6-20. Rules and regulations of board relating to wells. The...
Section 46-6-21 - Control of large capacity well required. - 46-6-21. Control of large capacity well required. No owner or...
Section 46-6-24 - Liability for damages to domestic and municipal wells. - 46-6-24. Liability for damages to domestic and municipal wells. The...
Section 46-6-25 - Domestic and municipal well protection--Enforceability--Fees and costs. - 46-6-25. Domestic and municipal well protection--Enforceability--Fees and costs. Section 46-6-24...
Section 46-6-26 - Permits may be denied or conditioned to protect domestic or municipal wells or natural springs. - 46-6-26. Permits may be denied or conditioned to protect domestic...
Section 46-6-27 - Plugging, sealing, or capping abandoned wells required--Rules. - 46-6-27. Plugging, sealing, or capping abandoned wells required--Rules. If the...
Section 46-6-28 - Geological survey to plug unused wells. - 46-6-28. Geological survey to plug unused wells. The state geological...
Section 46-6-29 - Plugging or controlling large capacity well by chief engineer--Costs. - 46-6-29. Plugging or controlling large capacity well by chief engineer--Costs....
Section 46-6-30 - Order of chief engineer for proper construction or repair of well--Plugging or controlling well--Costs. - 46-6-30. Order of chief engineer for proper construction or repair...
Section 46-6-31 - Plugging or controlling well by chief engineer--Bidding provisions. - 46-6-31. Plugging or controlling well by chief engineer--Bidding provisions. The...
Chapter 07 - Storage, Diversion And Irrigation Works
Section 46-7-1 - Excess capacity of works--Availability for beneficial use. - 46-7-1. Excess capacity of works--Availability for beneficial use. The owner...
Section 46-7-2 - Headgates or other measuring devices required. - 46-7-2. Headgates or other measuring devices required. Any appropriator may...
Section 46-7-3 - Repair of works required--Rules. - 46-7-3. Repair of works required--Rules. The owner of any works...
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. - 46-7-5. Inspection of works by chief engineer--Order for repair of...
Section 46-7-5.1 - Repair of unsafe works by chief engineer--Cost as lien against property--Bidding provisions. - 46-7-5.1. Repair of unsafe works by chief engineer--Cost as lien...
Section 46-7-5.2 - Breach or repair of works by chief engineer to protect human life--Cost as lien against property--Other remedies. - 46-7-5.2. Breach or repair of works by chief engineer to...
Section 46-7-5.3 - Investigation of dam--Variance relating to minimum spillway design requirements--Hearing. - 46-7-5.3. Investigation of dam--Variance relating to minimum spillway design requirements--Hearing....
Section 46-7-5.4 - Definition of terms. - 46-7-5.4. Definition of terms. Terms used in §§46-7-5.5 to 46-7-5.11,...
Section 46-7-5.5 - Application to dams constructed before January 1, 1990--Owner and family sole residents--Determination of flood plain. - 46-7-5.5. Application to dams constructed before January 1, 1990--Owner and...
Section 46-7-5.6 - Owner's reporting requirements where nonowner establishes habitation within flood plain. - 46-7-5.6. Owner's reporting requirements where nonowner establishes habitation within flood...
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. - 46-7-5.7. Privately owned high-hazard dam--Where chief engineer and state not...
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....
Section 46-7-5.9 - Board's acceptance of owner's affidavit--Conditions. - 46-7-5.9. Board's acceptance of owner's affidavit--Conditions. The board, based on...
Section 46-7-5.10 - Recording requirements as to owner's affidavit. - 46-7-5.10. Recording requirements as to owner's affidavit. An affidavit accepted...
Section 46-7-5.11 - Where privately owned high-hazard dam is subject to action by chief engineer and state. - 46-7-5.11. Where privately owned high-hazard dam is subject to action...
Section 46-7-12 - Willful damage, destruction, or interference with works prohibited. - 46-7-12. Willful damage, destruction, or interference with works prohibited. No...
Section 46-7-14 - Unauthorized injury to or interference with pier, boom, or dam prohibited. - 46-7-14. Unauthorized injury to or interference with pier, boom, or...
Section 46-7-15 - Removal or injury of piles prohibited. - 46-7-15. Removal or injury of piles prohibited. No person may...
Chapter 08 - Eminent Domain
Section 46-8-1 - Right of eminent domain for application or conveyance of water for beneficial use. - 46-8-1. Right of eminent domain for application or conveyance of...
Section 46-8-1.1 - Limit on exercise of right of eminent domain. - 46-8-1.1. Limit on exercise of right of eminent domain. Any...
Section 46-8-1.2 - Location of routes restricted. - 46-8-1.2. Location of routes restricted. No routes acquired under the...
Section 46-8-2 - Permission required for entry on land for surveys--Liability for damages. - 46-8-2. Permission required for entry on land for surveys--Liability for...
Section 46-8-2.1 - Order of circuit court for entry on land. - 46-8-2.1. Order of circuit court for entry on land. The...
Section 46-8-6 - Multiple water conduits prohibited where single conduit sufficient. - 46-8-6. Multiple water conduits prohibited where single conduit sufficient. The...
Section 46-8-7 - Plat of route for water conduit--Certification and recording. - 46-8-7. Plat of route for water conduit--Certification and recording. When...
Section 46-8-8 - Right for location of route an easement. - 46-8-8. Right for location of route an easement. The right...
Section 46-8-10 - Reasonable access to land. - 46-8-10. Reasonable access to land. The owner of any works...
Section 46-8-16 - Right to cross public or railroad right-of-way--Construction of bridges, culverts, or similar structures. - 46-8-16. Right to cross public or railroad right-of-way--Construction of bridges,...
Section 46-8-18 - Right to cross school and public lands--Notice to commissioner. - 46-8-18. Right to cross school and public lands--Notice to commissioner....
Chapter 10 - Adjudication Of Water Rights
Section 46-10-1 - Action for general adjudication of water or water use rights--When attorney general to bring. - 46-10-1. Action for general adjudication of water or water use...
Section 46-10-1.1 - Procedure in actions for general adjudication. - 46-10-1.1. Procedure in actions for general adjudication. The procedure in...
Section 46-10-1.2 - Orders in actions involving one hundred or more defendants. - 46-10-1.2. Orders in actions involving one hundred or more defendants....
Section 46-10-2 - Jurisdiction and venue of action for general adjudication. - 46-10-2. Jurisdiction and venue of action for general adjudication. The...
Section 46-10-2.1 - Deposit of documents and orders with court. - 46-10-2.1. Deposit of documents and orders with court. The court...
Section 46-10-2.2 - Documents and orders as prima facie evidence--Certified copies admissible. - 46-10-2.2. Documents and orders as prima facie evidence--Certified copies admissible....
Section 46-10-2.3 - Powers and duties of court conducting general adjudication. - 46-10-2.3. Powers and duties of court conducting general adjudication. The...
Section 46-10-3 - Parties to action for general adjudication. - 46-10-3. Parties to action for general adjudication. In any action...
Section 46-10-3.1 - Adding additional defendants as parties. - 46-10-3.1. Adding additional defendants as parties. Defendants in addition to...
Section 46-10-3.2 - Commencement of action for general adjudication--Service. - 46-10-3.2. Commencement of action for general adjudication--Service. Except as provided...
Section 46-10-3.3 - Defendants numbering one hundred or more--Commencement of action--Service. - 46-10-3.3. Defendants numbering one hundred or more--Commencement of action--Service. An...
Section 46-10-3.4 - Captioning complaint for general adjudication. - 46-10-3.4. Captioning complaint for general adjudication. The complaint for such...
Section 46-10-4.1 - Action to determine conflicting water or water use rights--Court's powers and duties--Caption of action. - 46-10-4.1. Action to determine conflicting water or water use rights--Court's...
Section 46-10-5 - Action for general adjudication or to determine conflicting water rights--Copies of complaints mailed to Water Management Board. - 46-10-5. Action for general adjudication or to determine conflicting water...
Section 46-10-6 - Action for general adjudication or to determine conflicting rights--Proof of notice of suit to water management board. - 46-10-6. Action for general adjudication or to determine conflicting rights--Proof...
Section 46-10-7 - Intervention by attorney general. - 46-10-7. Intervention by attorney general. If, in the judgment of...
Section 46-10-8 - Judgment in action for general adjudication or to determine conflicting rights--Certified copy filed with board. - 46-10-8. Judgment in action for general adjudication or to determine...
Section 46-10-8.1 - Appointment of water master to administer interim or final decree. - 46-10-8.1. Appointment of water master to administer interim or final...
Section 46-10-13 - Appeal to board from acts or decisions of water master--Appeal to circuit court. - 46-10-13. Appeal to board from acts or decisions of water...
Chapter 10A - Water Use Control Areas
Section 46-10A-1 - Establishment of area--Petition of chief engineer. - 46-10A-1. Establishment of area--Petition of chief engineer. The chief engineer...
Section 46-10A-2 - Establishment of area--Petition of water right holders. - 46-10A-2. Establishment of area--Petition of water right holders. As an...
Section 46-10A-3 - Identification of lands and waters in petition. - 46-10A-3. Identification of lands and waters in petition. Any petition...
Section 46-10A-4 - Hearing on petition--Publication and notice. - 46-10A-4. Hearing on petition--Publication and notice. The chief engineer, upon...
Section 46-10A-5 - Approval of petition--When required. - 46-10A-5. Approval of petition--When required. The Water Management Board shall...
Section 46-10A-6 - Water master--Appointment--Agent of board. - 46-10A-6. Water master--Appointment--Agent of board. Upon establishment of a water...
Section 46-10A-7 - Water master--Duties. - 46-10A-7. Water master--Duties. The duties and authority of the water...
Section 46-10A-8 - Water measuring devices--Order for installation. - 46-10A-8. Water measuring devices--Order for installation. The board may order...
Section 46-10A-9 - Fee assessed--Maximum amount--Annual payment. - 46-10A-9. Fee assessed--Maximum amount--Annual payment. The Water Management Board shall...
Section 46-10A-11 - Violations of orders of board or water master. - 46-10A-11. Violations of orders of board or water master. Violation...
Section 46-10A-12 - Petition of chief engineer to abolish area, suspend operation, change boundaries, amend powers of or suspend water master, or adjust administration of area. - 46-10A-12. Petition of chief engineer to abolish area, suspend operation,...
Section 46-10A-13 - Petition as in § 46-10A-12 by water rights holders. - 46-10A-13. Petition as in §46-10A-12 by water rights holders. Any...
Section 46-10A-14 - Hearing on petition under § 46-10A-12 or 46-10A-13--Publication and notice. - 46-10A-14. Hearing on petition under §46-10A-12 or 46-10A-13--Publication and notice....
Section 46-10A-15 - Approval of petition under § 46-10A-12 or 46-10A-13--When required. - 46-10A-15. Approval of petition under §46-10A-12 or 46-10A-13--When required. The...
Section 46-10A-16 - Appeal from board actions relating to establishment or administration of area. - 46-10A-16. Appeal from board actions relating to establishment or administration...