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Storage, Diversion and Irrigation Works (South Dakota Codified Laws: Title 46 Water Rights; Chapter 46-7)

Country/Territory
United States of America
Territorial subdivision
South Dakota
Document type
Legislation
Date
2018
Source
FAO, FAOLEX
Subject
Water
Keyword
Irrigation Water abstraction Waterworks Legal proceedings/administrative proceedings Liability/compensation Procedural matters Resource/damage valuation Offences/penalties
Geographical area
Americas, Arctic, East Pacific, North America, North Atlantic
Abstract

This chapter of South Dakota Codified Laws concerns storage, diversion and irrigation works. Specifically, it provides for excess capacity of works, and availability for beneficial use; headgates or other measuring devices required; repair of works required; inspection of works by chief engineer, order for repair of unsafe works, and repair by chief engineer, costs, filing of written protest, hearing, and liability of chief engineer and state; repair of unsafe works by chief engineer, cost as lien against property, and bidding provisions; breach or repair of works by chief engineer to protect human life, cost as lien against property, other remedies; investigation of dam, variance relating to minimum spillway design requirements, and hearing; application to dams constructed before January 1, 1990, owner and family sole residents, and determination of flood plain; owner's reporting requirements where nonowner establishes habitation within flood plain; privately owned high-hazard dam, where chief engineer and state not obligated to secure safety thereof, and owner's affidavit upon refusal to correct unsafe condition; requirements as to form and content of owner's affidavit; board's acceptance of owner's affidavit and conditions; recording requirements as to owner's affidavit; where privately owned high-hazard dam is subject to action by chief engineer and state; willful damage, destruction, or interference with works prohibited; unauthorized injury to or interference with pier, boom, or dam prohibited; and removal or injury of piles prohibited.

Full text
English
Website
sdlegislature.gov