S.D. Admin. R. 74:02:10:07

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

Section 74:02:10:07 - Deletion of stream portions from streams listed in SDCL 43-17-38

The following portions of streams are deleted from the list of streams where gates or openings are required in fences across streams pursuant to SDCL 43-17-38:

(1) The portion of the Belle Fourche River from the Wyoming state line to the Belle Fourche Irrigation District Diversion Dam in Butte County [SDCL 43-17-38(18) ];

(2) The portion of the Belle Fourche River from its intersection with Highway 79 in Butte County to its intersection with Meade County Highway 12 on the west side of section 19, township 5 north, range 10 east of the Black Hills meridian [SDCL 43-17-38(18) ];

(3) The portion of the Cheyenne River from the Wyoming state line to the mouth of Hat Creek in Fall River County in the southeast quarter of section 13, township 9 south, range 4 east of the Black Hills meridian [SDCL 43-17-38(14) ];

(4) The Little Minnesota River from Highway 10 to Lake Traverse in Roberts County [SDCL 43-17-38(19) ];

(5) The North Fork of Whetstone River in Roberts and Grant Counties from Highway 15 near Wilmot to the Minnesota state boundary [SDCL 43-17-38(5) ];

(6) The portion of the Cheyenne River from the Angostura Dam to the Fall River-Custer County line [SDCL 43-17-38(14) ];

(7) The portion of the Cheyenne River from Highway 44 to the mouth of the Belle Fourche River [SDCL 43-17-38(14) ];

(8) The Little Missouri River in Harding County from the Montana state boundary to the North Dakota state boundary [SDCL 43-17-38(17)] ; and

(9) The portion of the Belle Fourche River from its intersection with Meade County Highway 12 on the west side of section 19, township 5 north, range 10 east to its confluence with the Cheyenne River, section 33/34, township 6 north, range 15 east of the Black Hills Meridian [SDCL 43-17-38(18) ].

S.D. Admin. R. 74:02:10:07

19 SDR 73, effective 11/19/1992; 20 SDR 53, effective 10/20/1993; 21 SDR 68, effective 10/13/1994.

General Authority: SDCL 43-17-39.

Law Implemented: SDCL 43-17-38, 43-17-39.

Declaratory Ruling:

A list of petitioners requested the Water Management Board to declare the portion of the Little Missouri River from the Montana-South Dakota state line to the North Dakota-South Dakota state line as not meeting the definition of navigable in SDCL 43-17-34. The board found that the river segment was not navigable and adopted ARSD 74:02:10:07(8) to delete the river segment because public use was not significant. South Dakota Water Management Board Declaratory Ruling dated August 31, 1994.