South Dakota Administrative Rules
Title 74 - Department of Environment And Natural Resources
Article 74:02 - Water rights
Chapter 74:02:01 - General rules
Section 74:02:01:34.01 - Rescission of temporary permits by chief engineer
Current through Register Vol. 50, page 114, March 25, 2024
The chief engineer may, consistent with SDCL 1-26-29, rescind a temporary permit at any time prior to the expiration date of the permit for one or more of the following reasons, as determined by the chief engineer:
(1) Water is not available to satisfy existing water permits or rights or domestic uses;
(2) Water use under a temporary permit adversely affects existing water permits or rights or the public interest;
(3) The temporary permit holder violates a qualification or limitation of the temporary permit;
(4) The temporary permit holder abandons use of the temporary permit prior to the expiration date; or
(5) The temporary permit was issued in error.
General Authority: SDCL 46-2-5, 46-5-40.1.
Law Implemented: SDCL 46-1-2, 46-2-3.1, 46-2-9, 46-2-11, 46-2-17, 46-5-40.1.
