The Water Management Board may reinstate any water permit with a priority date after March 31, 1977, if unappropriated water is available and construction necessary to put water to beneficial use was not completed pursuant to § 46-2A-8 or 46-5-26. Any application under this section shall be made within three years of the expiration of the original construction period pursuant to chapter 46-2A. The priority date for the application to reinstate a permit shall be the date the application to reinstate is filed.
S.D. Codified Laws § 46-2A-8.1
Reinstatement of permit after expiration of time for construction--Application--Priority
Applied in 1 court decision — leading case In Re Application No. 5189-3 to Extend Time (1991)
Most recently applied in In Re Application No. 5189-3 to Extend Time (March 1991)
Source: SL 1985, ch 345, § 3; SL 1996, ch 263, § 1.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.