An amendment of an existing permit or license may be granted for a change in use, a change in point of diversion or other change only if the change does not unlawfully impair existing rights and is for a beneficial use and in the public interest.
S.D. Codified Laws § 46-2A-12
Amendment of permit or license--When granted
Applied in 2 court decisions — leading case In Re Application No. 5189-3 to Extend Time (1991)
Most recently applied in McCook Lake Recreation Area v. Dakota Bay, LLC (September 2025)
Source: SL 1983, ch 316, § 21.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.