2012 South Dakota Codified Laws
Title 46A WATER MANAGEMENT
Chapter 14. Watershed Districts
§46A-14-80 Operation of watershed district, investigation by board--Hearings, order to correct detrimental operation--Enforcement of order by injunction.


SD Codified L § 46A-14-80 (through 2012) What's This?


46A-14-80. Operation of watershed district, investigation by board--Hearings, order to correct detrimental operation--Enforcement of order by injunction. The Board of Water and Natural Resources may at any time investigate the operations of any watershed district and if it discovers such operations are detrimental to the proper utilization of waters or existing rights or that the conduct of the operations as to the waters in the particular district are not being conducted in a manner which the board believes is providing the greatest utilization of such waters, then the board may in its discretion hold a hearing to develop the necessary facts and information. Thereupon, if the board decides that affirmative action is required to correct the practices engaged in by such district the board shall order the managers to correct the detrimental operation. In case of failure by the managers to make the corrections ordered, the board is empowered to procure an order from a court of competent jurisdiction to prevent the district from further engagement in such detrimental operations.

Source: SL 1957, ch 492, § 20; SL 1959, ch 452, § 15; SDC Supp 1960, § 61.1520; SDCL, § 46-24-79.

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