Section 46-5-25 - Diligent prosecution of work of construction--Failure to complete work,approval by board of prior appropriation. - South Dakota Statutes

46-5-25. Diligent prosecution of work of construction--Failure to complete work, approval by board of prior appropriation. The work of construction shall be diligently prosecuted to completion, and if one-fifth of the work shall not be completed within one-half the time allowed, as determined by the Water Management Board, it may accept and approve an application for the use of all or any of the waters included in the permit issued to the prior applicant and the right to use such waters under the former permit shall thereupon be forfeited; but the Water Management Board shall allow an extension of time on request of the prior applicant, equal to the time during which work was prevented by the operation of law beyond the power of such applicant to avoid. This section does not apply to permits or licenses issued under § 46-5-8.1.

Source: SDC 1939, § 61.0127; SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0115; SL 1981 (2d SS), ch 1, § 15.