Legal excuse for nonuse of water.
Effective Jan 4, 199824 SDR 90Source: 13 SDR 49, effective October 27, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 15 SDR 158, effective April 23, 1989; 24 SDR 90, effective January 4, 1998. | General Authority: SDCL 46-2-5. | Law Implemented: SDCL 46-2-9 , 46-5-37 , 46-5-37.1.
Legal excuse for nonuse of water suspends the period of nonuse specified in SDCL 46-5-37. Legal excuses for nonuse of water include but are not limited to the following:
- (1) Unavailability of water to satisfy a permit, right, or vested right;
- (2) Legal proceedings which prevent the use of water;
- (3) Water use under existing climatic conditions would result in a waste of water.
Source: 13 SDR 49, effective October 27, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 15 SDR 158, effective April 23, 1989; 24 SDR 90, effective January 4, 1998.
General Authority: SDCL 46-2-5.
Law Implemented: SDCL 46-2-9 , 46-5-37 , 46-5-37.1.