GroundRules
← Search the law
South Dakota · Through 2026-08-31

SDCL § 46-2A-21: Deletion of term limitation under certain conditions--Cancellation or amendment of permit.

Read at publisher ↗
Where this section sits in the code
  1. TITLE 46. WATER RIGHTS
  2. CHAPTER 46-2A. ADMINISTRATIVE PROCEDURE FOR APPROPRIATION OF WATER

At any time during the twenty-year term set forth in § 46-2A-20, or following its expiration, the board may delete the term limitation condition upon a finding that sufficient information has become available to determine:

(1) Whether the withdrawal would cause any significant adverse effects on the supply of water in the Madison formation; and

(2) Whether the withdrawal would cause any significant adverse effects on nearby Madison formation wells and springs.

At the end of the twenty-year limitation, the board may cancel a permit or amend the permit with a new term limitation of up to twenty years, if the board is unable to make a finding after notice and hearing that sufficient information is available to delete the term limitation. The priority date for any permit issued with a term limitation or amended with an additional term limitation shall be the date the original application was filed.

Collected 2026-09-03T15:18:57Z. Source file · JSON

Browse this collection