South Dakota Administrative Rules
Title 74 - Department of Environment And Natural Resources
Article 74:02 - Water rights
Chapter 74:02:01 - General rules
Section 74:02:01:05.03 - Volume of water for nonirrigation water permit or right or nonirrigation vested right

Universal Citation: SD Admin Rules 74:02:01:05.03
Current through Register Vol. 50, page 114, March 25, 2024

The total annual volume of water withdrawn for a nonirrigation water permit or right or a nonirrigation vested right is limited only by the authorized and developed diversion rate and not by the actual volume of water withdrawn annually. However, the board may limit the annual volume by qualification of the water permit or right or the vested right. If the owner diverts less than the authorized diversion rate for a period of three years, the chief engineer may reduce the authorized diversion rate to the lower diversion rate.

General Authority: SDCL 46-2-5.

Law Implemented: SDCL 46-1-14, 46-2-9, 46-2-11, 46-5-13.

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