South Dakota § 46-2A-20 Term limitation on water withdrawal from Madison formation in certain counties.

South Dakota Statutes

§ 46-2A-20 — Term limitation on water withdrawal from Madison formation in certain counties.

South Dakota § 46-2A-20

Title 46WATER RIGHTS

Ch. 46-1ADMINISTRATIVE PROCEDURE FOR APPROPRIATION OF WATER

This text of South Dakota § 46-2A-20 (Term limitation on water withdrawal from Madison formation in certain counties.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 46-2A-20 (2026).

Text

Notwithstanding §§ 46-1-14 and 46-2A-7 , no water permit for construction of works to withdraw water from the Madison formation in Butte, Fall River, Custer, Lawrence, Meade and Pennington counties may be issued for a term of more than twenty years, unless the Water Management Board determines, based upon the evidence presented at a hearing that:

(1)Sufficient information is available to determine whether any significant adverse hydrologic effects on the supply of water in the Madison formation would result if the proposed withdrawal were approved; and (2) The information, whether provided by the applicant or by other means, shows that there is a reasonable probability that issuance of the proposed permit would not have a significant adverse effect on nearby Madison formation wells

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Notwithstanding §§ 46-1-14 and 46-2A-7 , no water permit for construction of works to withdraw water from the Madison formation in Butte, Fall River, Custer, Lawrence, Meade and Pennington counties may be issued for a term of more than twenty years, unless the Water Management Board determines, based upon the evidence presented at a hearing that: (1) Sufficient information is available to determine whether any significant adverse hydrologic effects on the supply of water in the Madison formation would result if the proposed withdrawal were approved; and (2) The information, whether provided by the applicant or by other means, shows that there is a reasonable probability that issuance of the proposed permit would not have a significant adverse effect on nearby Madison formation wells and springs.