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Groundwater and Wells (South Dakota Codified Laws: Title 46 Water Rights; Chapter 46-6)

País/Territorio
Estados Unidos de América
Subdivisión territorial
South Dakota
Tipo de documento
Legislación
Fecha
2018
Fuente
FAO, FAOLEX
Materia
Agua
Palabra clave
Aguas subterráneas Perforación de pozos/pozos Manejo de recursos hídricos Derechos de agua Derechos de propiedad Procedimientos judiciales/procedimientos administrativos Irrigación Captación de agua Autorización/permiso Derechos/cánones Contaminación oleosa
Área geográphica
Americas, Ártico, Pacífico Oriental, América del Norte, Atlántico Norte
Resumen

This chapter of South Dakota Codified Laws concerns groundwater and wells. It provides that the term, vested rights, as used in this chapter, means: (1) Beneficial uses of groundwater under diversions and applications of water before February 28, 1955; (2) The right to take and use groundwater for beneficial purposes if an owner or lawful agent was engaged in the construction of works for the actual application of water to a beneficial use on February 28, 1955, if the works are completed and water is actually applied for such use within a reasonable time after that date. Any person claiming to be the owner of a vested right to appropriate water from any underground source for beneficial use other than for domestic use may file a vested right claim with the chief engineer in a form and manner prescribed by the Board of Water Management. The claim shall set forth the amount of water used, when the water was used, purpose of use, the location of the well and, if the water has been used for irrigation purposes, the legal description of the land upon which the water has been used and the name of the owner of the land. Further, it provides for appropriation of groundwater authorized; annual withdrawal of groundwater not to exceed recharge, exception for water distribution systems; collection, preservation, and publication of data on underground water; rules and regulations governing large capacity wells, criteria and contents; well driller license, fee and issuance; well driller or well pump installer license, and revocation; well driller's license or well pump installer's license required for certain persons; well pump installer license, fee and issuance; certain persons exempt from well pump installer license requirements; well pump installers and well drillers prohibited from performing certain acts without appropriate license; wells to be constructed so as to prevent waste, methods of construction, specification by board; records of well construction required; inspection of wells by chief engineer or state geologist; measurement of flow and pressure of wells by chief engineer; waste of water from large capacity well prohibited; uncontrolled artesian well, definition, and owner to notify board of size and location; uncontrolled artesian well from oil and gas exploration, and notice to chief engineer; plugging abandoned or forfeited well by owner; rules and regulations of board relating to wells; control of large capacity well required; liability for damages to domestic and municipal wells; domestic and municipal well protection, enforceability, and fees and costs; permits may be denied or conditioned to protect domestic or municipal wells or natural springs; plugging, sealing, or capping abandoned wells required and rules; geological survey to plug unused wells; plugging or controlling large capacity well by chief engineer and costs; order of chief engineer for proper construction or repair of well, plugging or controlling well and costs; and plugging or controlling well by chief engineer, and bidding provisions.

Texto completo
Inglés
Página web
sdlegislature.gov