South Dakota § 46-6-3.1 Annual withdrawal of groundwater not to exceed recharge--Exception for water distribution systems.

South Dakota Statutes

§ 46-6-3.1 — Annual withdrawal of groundwater not to exceed recharge--Exception for water distribution systems.

South Dakota § 46-6-3.1

Title 46WATER RIGHTS

Ch. 46-6GROUNDWATER AND WELLS

This text of South Dakota § 46-6-3.1 (Annual withdrawal of groundwater not to exceed recharge--Exception for water distribution systems.) 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 § 46-6-3.1 (2026).

Text

No application to appropriate groundwater may be approved if, according to the best information reasonably available, it is probable that the quantity of water withdrawn annually from a groundwater source will exceed the quantity of the average estimated annual recharge of water to the groundwater source. An application may be approved, however, for withdrawals of groundwater from any groundwater formation older than or stratigraphically lower than the greenhorn formation in excess of the average estimated annual recharge for use by water distribution systems.

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No application to appropriate groundwater may be approved if, according to the best information reasonably available, it is probable that the quantity of water withdrawn annually from a groundwater source will exceed the quantity of the average estimated annual recharge of water to the groundwater source. An application may be approved, however, for withdrawals of groundwater from any groundwater formation older than or stratigraphically lower than the greenhorn formation in excess of the average estimated annual recharge for use by water distribution systems.