No application to appropriate groundwater may be approved if, according to the best information reasonably available, it is probable that the quantity of water withdrawn annually from a groundwater source will exceed the quantity of the average estimated annual recharge of water to the groundwater source. An application may be approved, however, for withdrawals of groundwater from any groundwater formation older than or stratigraphically lower than the greenhorn formation in excess of the average estimated annual recharge for use by water distribution systems.
S.D. Codified Laws § 46-6-3.1
Annual withdrawal of groundwater not to exceed recharge--Exception for water distribution systems
Applied in 1 court decision — leading case In Re the South Lincoln Rural Water System Application for Permit No. 4300-3 (1980)
Most recently applied in In Re the South Lincoln Rural Water System Application for Permit No. 4300-3 (August 1980)
Source: SL 1978, ch 323, § 2; SL 1983, ch 314, § 93.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.