2013 South Dakota Codified Laws
Title 46 - WATER RIGHTS
Chapter 05 - Appropriation Of Water
§ 46-5-30.5 Unpermitted acreage developed for irrigation--Requirement.
46-5-30.5. Unpermitted acreage developed for irrigation--Requirement. Acreage developed for irrigation outside of the acreage described on the permit may be licensed pursuant to § 46-5-30.1, if no increase occurs in either permitted acreage or water appropriated. The unpermitted acreage shall be contiguous to the permitted acreage, owned by the same property owner, and developed as part of the original irrigation project within the time period designated for completion of works. The unpermitted acreage added to a license under this section retains the priority date assigned to the original permit. Licensing of the unpermitted acreage may occur without application or publication pursuant to § 46-2A-4, if the chief engineer makes a finding that existing water rights will not be impaired and the overall project, as developed, is consistent with the original application. This section does not apply to the transfer of licensed acreage from one parcel of land to another as provided for by § 46-5-34.
Source: SL 1996, ch 263, § 5.
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