When determining an ordinary high-water mark, the board may also set the outlet elevation consistent with the existing water rights or permits. The board may clarify or amend existing water rights or permits to include the outlet elevation consistent with chapter 46-2A.

Source: 9 SDR 68, effective December 7, 1982; 10 SDR 27, effective September 26, 1983; transferred from § 74:02:03:12, 13 SDR 49, effective October 27, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987.

General Authority: SDCL 46-2-5.

Law Implemented: SDCL 43-17-21 , 46-1-14 , 46-2-9 , 46-2-11.