State of South Dakota  

742T0733   HOUSE ENGROSSED    NO.  HB 1230 -  2/14/2012  

Introduced by:    Representatives Nelson (Stace), Brunner, Feickert, Hansen (Jon), Hickey, Hoffman, Hubbel, Hunhoff (Bernie), Kirschman, Kloucek, Kopp, Liss, Magstadt, Olson (Betty), Rozum, Russell, Tornow, Tulson, Van Gerpen, and Venner and Senators Adelstein, Frerichs, Hundstad, and Maher

        FOR AN ACT ENTITLED, An Act to modify the publication requirements regarding the application for a well driller license or a well pump installer license.
    Section 1. That § 46-2A-4 be amended to read as follows:
    46-2A-4. Except in the case of an application for a well driller license or a well pump installer license, if a recommendation is to approve or defer an application or if an applicant has filed a petition to oppose a recommendation to deny an application, the applicant shall publish notice of the application and recommendation at least once a week for two successive weeks in at least one official newspaper in each directly impacted county where the water will be diverted or used or where project works will be located and also in one regional newspaper in the immediately surrounding area of the county or counties where the water will be diverted or used. The official newspaper shall be selected by the chief engineer and shall be a newspaper designated as an official newspaper pursuant to § 7-18-3. The second publication shall be at least twenty days before the first day of the Water Management Board meeting at which the

matter is noticed to be heard. In addition, the department shall display on the department's internet site any application upon receipt of the application and until the date of any decision on the application. No application for a permit, license, or amendment may be considered and approved by the board until proof of all required publications has been filed with the chief engineer. The notice, which shall be provided by the chief engineer to the applicable newspapers, shall include the following, as applicable:

            (1)    The name and address of the applicant;
            (2)    A brief description of the project, including, where applicable, the proposed place or places of use of the water or facilities, including the point of diversion, the amount of water to be used and the purpose for which the water or facility is to be used;
            (3)    A brief statement describing the recommendation and the reasons for the recommendation;
            (4)    A statement that any interested person who intends to participate in the hearing shall file a petition to oppose or support the application and that the petition shall be filed with the chief engineer and applicant at least ten days before the published date for hearing;
            (5)    A statement that a petition to oppose or support an application may be informal, but shall be in writing and shall contain the following:
            (a)    A statement describing the petitioner's interest in the application;
            (b)    The reasons for the petitioner's opposition to or support for the application; and
            (c)    The signature and mailing address of the petitioner or the petitioner's legal counsel;
            (6)    A statement telling where copies of the recommendation, application, or other

information may be obtained;

            (7)    The time when and the place where the application will be considered by the board;
            (8)    A statement that the recommendation of the chief engineer is not final or binding upon the board and is subject to the approval of the board after it reaches a conclusion based on facts at the public hearing;
            (9)    A statement that the time of hearing will be automatically extended for at least twenty days upon written request of the applicant or any person who has filed a petition to oppose or support the application and a statement that any such request by the applicant or person filing a petition shall be made at least ten days before the published date for hearing; and
            (10)    A statement that if the applicant does not contest the recommendation of the chief engineer and no petition to oppose the application is received, the chief engineer shall act on the application pursuant to the chief engineer's recommendation and no hearing may be held before the board, unless the chief engineer makes a finding that an application, even if uncontested, presents important issues of public policy or public interest that should be heard by the board.