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Code · South Dakota · Title 46 · Chapter 46-2

46-2-18. Chief engineer's authority to order discontinuance of water use.

108 words·~1 min read·/sd/title-46/chapter-46-2/46-2-18·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

The provisions of chapter 1-26 notwithstanding, the chief engineer may, after appropriate investigation, issue an order to any person to shut off or limit the person's use of surface or groundwater, or to plug or otherwise control a well. The order may be issued only to protect another user who has higher or earlier priority or to cause a user of water to discontinue the use of water to which the user has no legal right. Upon a refusal to obey the order, the chief engineer may request a court of proper jurisdiction to issue a temporary restraining order or injunction to effectuate the provisions of the order.
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