SDCL § 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.

Notwithstanding the provisions of §§ 46-2-9, 46-2-17, 46-7-3, 46-7-5, 46-7-5.1, 46-7-5.2, and 46-7-5.3, the chief engineer and all officers, employees, and agents of the State of South Dakota are under no obligation to secure the safety of, or take any further action with regard to, a privately owned high-hazard dam if the owner of the dam:

(1) Refuses to correct an unsafe condition identified by order of the chief engineer pursuant to § 46-7-5; and

(2) Executes an affidavit, which is accepted for filing by the Water Management Board.