ENTITLED, An Act to modify the publication requirements for water rights applications.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
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 in at least one official newspaper in each county where
the water will be diverted or used or where project works will be located. 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. If the official newspaper is a weekly newspaper, then the notice shall also be
published at least once in a daily newspaper. The daily newspaper selected by the chief engineer shall
be located as near as possible to the location where the water will be diverted or used. Public notice
of the application shall also be posted on the department's website until final action is taken on the
application. The 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. 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.
Section 2. That § 46-2A-23 be amended to read as follows:
46-2A-23. Following the issuance of a recommendation to approve an application pursuant to
§ 46-2A-2, the chief engineer may publish, at the expense of the applicant, a notice to determine
whether any person opposes the application or recommendation of the chief engineer. The notice
shall be published as provided for in § 46-2A-4, and the notice shall contain the information
provided for in subdivisions 46-2A-4(1), (2), (3), (5), (6), and (10). The notice is not required to refer
to a board meeting or hearing date. In addition, the notice shall include a statement that if the
applicant intends to contest the recommendation, the applicant shall file a petition with the chief
engineer, and any interested person who intends to oppose or support the application or
recommendation shall file a petition with the chief engineer and the applicant. Any petition shall be
filed within ten days of the published notice.
If no petition to contest the recommendation or to oppose an application is timely filed, the chief
engineer, following receipt of proof of publication, shall act on the application consistent with the
chief engineer's recommendation as provided by rules promulgated by the Water Management Board
pursuant to chapter 1-26 delegating authority to the chief engineer to issue uncontested permits
pursuant to §§ 46-1-16 and 46-2-3.1, without hearing by the board.
If a petition to contest the recommendation or to oppose the application is timely filed, the chief
engineer shall provide notice of a board hearing pursuant to § 1-26-17. The notice shall also include
a statement that the recommendation of the chief engineer is not final or binding upon the board and
is subject to the decision of the board based on evidence and record of the public hearing. A
statement shall also be included in the notice that the applicant or any interested person who has filed
a petition to oppose or support an application, may file a written notice with the chief engineer
requesting postponement of the original hearing date. The written notice requesting postponement
shall be filed within twenty days of the date of the notice scheduling the board hearing, but not less
than ten days before the date the application is scheduled for hearing. Upon timely receipt of a
written notice, the chief engineer shall cancel the original hearing and reschedule the hearing not less
than twenty days after the original hearing date. Notice of hearing shall be provided by personal
service or by first class mail to the applicant and parties of record.
An Act to modify the publication requirements for water rights applications.
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I certify that the attached Act
originated in the
HOUSE as Bill No. 1230
____________________________
Chief Clerk
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____________________________
Speaker of the House
____________________________
Chief Clerk
____________________________
President of the Senate
____________________________
Secretary of the Senate
House Bill No. 1230
File No. ____
Chapter No. ______
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Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
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The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor
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STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
____________________________
Secretary of State
By _________________________
Asst. Secretary of State
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