South Dakota Statutes

§ 46-5-40.1 — Temporary permits for use of public water for construction, testing, or drilling purposes--Term of permit--Qualifications and limitations.

South Dakota § 46-5-40.1
JurisdictionSouth Dakota
Title 46WATER RIGHTS
Ch. 46-5APPROPRIATION OF WATER

This text of South Dakota § 46-5-40.1 (Temporary permits for use of public water for construction, testing, or drilling purposes--Term of permit--Qualifications and limitations.) 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 § 46-5-40.1 (2026).

Text

The Water Management Board may promulgate rules to authorize the chief engineer to issue temporary permits for the use of public water for construction, testing, or drilling purposes. No temporary permit is valid after December thirty - one of the year in which the permit is issued. No temporary permit may be issued if the permit interferes with or adversely affects prior appropriations or vested rights. A temporary permit shall contain qualifications and limitations necessary to protect the public interest. The issuance of a temporary permit is permission to use public water on a temporary basis and does not grant any water rights.

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Related

McCook Lake Recreation Area v. Dakota Bay, LLC
2025 S.D. 53 (South Dakota Supreme Court, 2025)

Legislative History

SL 1987, ch 328, § 5.

Nearby Sections

15
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Bluebook (online)
South Dakota § 46-5-40.1, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/46-5-40.1.