Subject to the limitations in §§ 46-5-33 and 46-5-34 governing changes in irrigation rights from one parcel of land to another, any water permit or right holder may apply for a change of use of the water, a change of location of the use or other amendment to the permit or right. Permits or rights may be amended pursuant to the procedure contained in chapter 46-2A. Priority shall be retained upon amendment. An amendment of a water permit or right may not increase the rate of diversion or increase the volume of water to be appropriated under the original water permit or right. The amendment may not impair existing rights.
S.D. Codified Laws § 46-5-30.4
Amendment of permits or rights
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 1983, ch 314, § 67.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.