South Dakota § 46-2-18 Chief engineer's authority to order discontinuance of water use.

South Dakota Statutes

§ 46-2-18 — Chief engineer's authority to order discontinuance of water use.

South Dakota·Title 46 WATER RIGHTS·Ch. 46-1 WATER MANAGEMENT BOARD AND CHIEF ENGINEER

The provisions of chapter 1-26 notwithstanding, the chief engineer may, after appropriate investigation, issue an order to any person to shut off or limit the person's use of surface or groundwater, or to plug or otherwise control a well. The order may be issued only to protect another user who has higher or earlier priority or to cause a user of water to discontinue the use of water to which the user has no legal right. Upon a refusal to obey the order, the chief engineer may request a court of proper jurisdiction to issue a temporary restraining order or injunction to effectuate the provisions of the order.

Free access — add to your briefcase to read the full text and ask questions with AI

The provisions of chapter 1-26 notwithstanding, the chief engineer may, after appropriate investigation, issue an order to any person to shut off or limit the person's use of surface or groundwater, or to plug or otherwise control a well. The order may be issued only to protect another user who has higher or earlier priority or to cause a user of water to discontinue the use of water to which the user has no legal right. Upon a refusal to obey the order, the chief engineer may request a court of proper jurisdiction to issue a temporary restraining order or injunction to effectuate the provisions of the order.

South Dakota § 46-2-18 (Chief engineer's authority to order discontinuance of water use.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.