§ 46-1-6 — Definition of terms.

Terms used in this title mean: (1) "Artesian water," any confined groundwater that is under sufficient pressure to rise above its confining bed; (2) "Artesian well," any well drilled into artesian waters which flows naturally or is pumped by mechanical means; (3) "Beneficial use," any use of water within or outside the state, that is reasonable and useful and beneficial to the appropriator, and at the same time is consistent with the interests of the public of this state in the best utilization of water supplies; (4) "Board," the Water Management Board created by § 1-41-15 ; (5) "Chief engineer," the officer employed pursuant to § 46-2-3 , or an authorized representative; (6) "Department," the Department of Agriculture and Natural Resources; (7) "Domestic use," use of water not exceeding eighteen gallons per minute on an average daily basis, except for larger domestic wells in operation before July 1, 1983, by an individual, or by a family unit or household, for drinking, washing, sanitary, and culinary purposes and other ordinary household purposes; irrigation of a noncommercial family garden, trees, shrubbery, or orchard not greater in area than one acre; eighteen gallons per minute or less for uses in schools, parks, and other public recreation areas; geothermal heat for a single household; or noncommercial on-farm alcohol production. The use of water supplied by a water distribution system for the preceding purposes, for the occupants of schools, hospitals, and other custodial care facilities and for fire protection is a domestic use as against appropriative rights having a priority after June 30, 1978. Stock watering is a domestic use. Use of water not exceeding eighteen gallons per minute on an average daily basis for livestock in a confinement operation, including water for drinking, sanitary and general welfare purposes and for like purposes by those caring for the livestock, is a domestic use. Use of groundwater by water distribution systems, except for irrigation purposes is a domestic use except where groundwater and water in flowing streams constitute the same water supply source, but only to the extent the water was actually used before July 1, 1978; (8) "Dry draw," any ravine or watercourse not having an average daily flow of at least four-tenths cubic feet per second (twenty miner's inches) of water during the period May first to September thirtieth, inclusive, except for a body of water such as a natural or publicly owned lake; (9) "Energy industry use," the use of water in an amount in excess of one thousand acre-feet per year as a medium for carrying coal or other energy minerals, or in the extraction or refining of energy minerals; (10) "Energy industry user," a natural person, firm, partnership, limited liability company, association, syndicate, corporation, joint venture, public entity, or state or federal agency using or supplying water for energy industry use; (11) "Energy minerals," energy minerals as that term is defined in § 10-39A-1.1 ; (12) "Groundwater," water under the surface, whatever may be the geologic reservoir in which it is standing or moving; (13) "Large capacity well," a well capable of delivering water in excess of four one-hundredths cubic feet per second or eighteen gallons per minute; (14) "Municipal use," the use of water by the state through its institutions, facilities, and properties or by a municipality, and, with regard to municipal rights having a priority before July 1, 1978, by the inhabitants of the municipality, for household, custodial care, and fire protection purposes, whether supplied by the government or by a privately owned public utility or other agency, primarily to promote the life, safety, health, comfort, and business pursuits of the state, municipality and the inhabitants of the municipality. The term does not include the irrigation of crops on a commercial scale, even within the limits of the state institution, facility, property, or municipality, nor does it include large recreational uses such as lakes; (15) "Person," a natural person, a partnership, an association, a corporation, a municipality, the State of South Dakota, any political subdivision of the state, and any agency of the federal government; (16) "Secretary," the secretary of the Department of Agriculture and Natural Resources; (17) "Water distribution system," a system of piping, valves, storage tanks, pumps, and appurtenances by which water is conveyed for domestic or municipal use by a common distribution system, including a municipality as defined in § 9-1-1 , a nonprofit rural water supply company as defined in § 10-36A-1 , a water user district as defined in § 46A-9-2 , a sanitary district as defined in chapter 34A-5 , or homes, including mobile homes as defined in § 32-3-1 , and manufactured homes as defined in § 34-34A-1.1 supplied by a common distribution system; (18) "Well," an artificial excavation or opening in the ground, made by means of digging, boring, drilling, jetting, or by any other artificial method, for the purpose of obtaining groundwater. Any series of openings, borings, or drillings developed and pumped collectively by a single pump unit shall be considered as one well; (19) "Well driller," any person or persons engaged in the commercial drilling or construction, redrilling, and rebuilding of wells in this state.

Legislative History

SL 1955, ch 430, § 1; SL 1955, ch 431, § 1; SDC Supp 1960, §§ 61.0102, 61.0401 (1) to (9); SL 1966, ch 259, § 2; SL 1972, ch 237, §§ 3, 4; SL 1973, ch 279, § 1; SL 1978, ch 314, §§ 1, 2; SL 1981 (2d SS), ch 1, §§ 2, 8; SL 1982, ch 309, § 2; SL 1983, ch 314, §§ 3 to 8; SL 1987, ch 324; SL 1989, ch 382; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 1994, ch 351, § 111; SL 2012, ch 213, § 1; SL 2021, ch 1 (Ex. Ord. 21-3), §§ 14, 53, eff. Apr. 19, 2021.