S.D. Admin. R. 74:02:01:14.01

Current through Register Vol. 51, page 54, October 28, 2024

Section 74:02:01:14.01 - Amendment of permits, rights, or vested rights

The chief engineer may require that a proposed amendment to a water permit, right, or vested right follow the applicable requirements of §§ 74:02:01:06 to 74:02:01:08.01, inclusive. Following review of the submitted information, the chief engineer may find that no application or publication is needed if the type of proposed amendment is in accordance with SDCL 46-5-13.1, 46-5-30.5, or 46-5-31.1.

If the chief engineer makes a finding pursuant to SDCL 46-5-13.1 that a proposed diversion point location change or adding diversion points does not increase the potential for interference with existing diversions, the finding constitutes an additional finding that the proposed change will not increase the potential for adverse effects to existing water permits, rights, or vested rights.

9 SDR 96, effective 1/30/1983; 10 SDR 27, effective 9/26/1983; 13 SDR 129, 13 SDR 141, effective 7/1/1987; 15 SDR 158, effective 4/23/1989; 24 SDR 90, effective 1/4/1998.

General Authority: SDCL 46-2-5.

Law Implemented: SDCL 46-1-14, 46-2A-1, 46-5-11, 46-5-13, 46-5-13.1, 46-5-24, 46-5-25, 46-5-30.4, 46-5-30.5, 46-5-31, 46-5-31.1, 46-5-34, 46-5-34.1, 46-6-3.