The Water Management Board may promulgate rules to authorize the chief engineer to issue temporary permits for the use of public water for construction, testing, or drilling purposes. No temporary permit is valid after December thirty-one of the year in which the permit is issued. No temporary permit may be issued if the permit interferes with or adversely affects prior appropriations or vested rights. A temporary permit shall contain qualifications and limitations necessary to protect the public interest. The issuance of a temporary permit is permission to use public water on a temporary basis and does not grant any water rights.
S.D. Codified Laws § 46-5-40.1
Temporary permits for use of public water for construction, testing, or drilling purposes--Term of permit--Qualifications and limitations
Applied in 1 court decision — leading case McCook Lake Recreation Area v. Dakota Bay, LLC (2025)
Most recently applied in McCook Lake Recreation Area v. Dakota Bay, LLC (September 2025)
Source: SL 1987, ch 328, § 5.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.