Section 46-5-38.1 - Future use of water--Permit required for actual use--Review of future usepermits. - South Dakota Statutes

46-5-38.1. Future use of water--Permit required for actual use--Review of future use permits. Water Management Board approval of an application to appropriate water for future use is a reservation of a definite amount of water with a specified priority date and is not a grant of authority to construct the works or to put the water to beneficial use. Prior to the time that the holder of a future use permit initiates construction of the works and puts water to beneficial use, he shall file an application for a water permit pursuant to the procedure contained in chapter 46-2A. If the holder of the future use permit is granted a water permit to develop only a portion of the water reserved by the future use permit, he shall apply for and receive an additional water permit, or permits, before developing and using the remaining water reserved in the future use permit. Permits for future uses shall be reviewed by the board every seven years and shall be subject to cancellation if the board determines that the permit holder cannot demonstrate a reasonable need for a future use permit.

Source: SL 1983, ch 314, § 71.