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Changes to Existing Law

HB1239revise certain provisions regarding temporary permits for the use of public water.

1 section modified+87-1
View:

§ 46-5-40.1

Amended
+87-1
Section 46-5-40.1 — AMENDED
The Water Management Board may promulgate rules to authorize the chief5 engineer to issue temporary permits for the use of public water for construction, testing, or6 drilling purposes. No temporary permit is valid after December thirty-one of the year in which7 the permit is issued. No temporary permit may be issued if the permit interferes with or8 adversely affects prior appropriations or vested rights. A temporary permit shall contain9 qualifications and limitations necessary to protect the public interest. The issuance of a10 temporary permit is permission to use public water on a temporary basis and does not grant any11 water rights. The chief engineer shall schedule an application for a temporary permit for the use of public water for hearing by the Water Management Board when requested by a state agency, county or municipal government, or federally recognized Indian tribe government with an interest in 100 copies were printed on recycled paper by the South DakotaLegislative Research Council at a cost of $.167 per page.v Insertions into existing statutes are indicated by underscores.Deletions from existing statutes are indicated by overstrikes. - 2 -HB 1239 the water to be used or whenever it appears that the temporary permit may interfere with or adversely affect prior appropriations or vested rights. The hearing shall be held in the county or municipality where the public water is to be used.3