Upon the initiative of the chief engineer or upon petition by any interested person and after reasonable notice to the holder of the right or permit, if the holder can be located, the chief engineer may investigate whether or not a water permit or right has been abandoned or forfeited. After the investigation, the chief engineer may recommend cancellation of the permit or right for reason of abandonment or forfeiture. The recommendation, notice, and hearing shall be conducted pursuant to the procedure contained in chapter 46-2A.
S.D. Codified Laws § 46-5-37.1
Abandonment or forfeiture of permits or rights--Recommendation of chief engineer for cancellation
Applied in 2 court decisions — leading case In Re Cancellation of the Stabio Ditch Water Right on Spearfish Creek (1987)
Most recently applied in In Re Application No. 5189-3 to Extend Time (March 1991)
Source: SL 1983, ch 314, § 69; SL 2011, ch 165, § 270.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.