SDCL § 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.