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·Title 46 WATER RIGHTS·Ch. 46-1 ADMINISTRATIVE PROCEDURE FOR APPROPRIATION OF WATER

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.

South Dakota § 46-2A-20 (Term limitation on water withdrawal from Madison formation in certain counties.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.