46-5-20.1. Legislative approval required for large-scale appropriation--Eminent domain powers denied for unauthorized appropriation.
115 words·~1 min read·
/sd/title-46/chapter-46-5/46-5-20-1·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Any application for appropriation of water, pursuant to this chapter, in excess of ten thousand acre feet annually shall be presented by the Water Management Board to the Legislature for approval prior to the board's acting upon the application and all powers of eminent domain shall be denied any common carrier appropriating over ten thousand acre feet of water per annum which has not obtained such prior legislative approval. Legislative approval does not mandate approval by the Water Management Board and does not constitute an issuance of a water permit.
This section does not apply to applications by the South Dakota Conservancy District or applications for the approval of water permits for energy industry use.