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Show 676 SOUTH DAKOTA permits to divert unappropriated water, is charged with responsi- bility for the "general supervision of the waters of the State, in- cluding the measurement, appropriation and distribution thereof." 1 Applications to appropriate surface streams 2 and ground water3 are treated separately in the statutes. Permits for appropriations from either source are not required if the use is for domestic pur- poses4 (which does not include use for municipal water supply). The commission is empowered to adopt rules and regulations re- lating to the filing and granting of applications.5 Notice setting forth the time and place that the commission will consider the ap- plication is published in a newspaper in the locality of the stream system.6 From the evidence presented at the hearing, and from its own records, the commission determines whether there is unappro- priated water available.7 In deciding whether to grant or reject an application for a per- mit, the Commission has broad discretion. The only statutory guide- lines specified for the exercise of administrative discretion is that the commission may reject an application if there are no unappro- priated waters available,8 or if its approval would be contrary to the "public interest."9 The Commission must also determine whether rights existing prior to the statute would be affected by the water use proposed m the application.10 Any applicant dissatisfied with a decision of the commission may appeal to the circuit court of the county where the point of diversion is located.11 When an application is approved, the applicant is given a speci- fied time within which he must construct the project works and place the water to beneficial use.12 While the applicant must be dili- gent in completing his project, extensions of time to complete con- struction can be granted by the commission for good cause shown.13 Once the project works are constructed, the commission issues the applicant a certificate of completion,14 and when the water is ap- plied to a beneficial use the applicant is issued a license by the commission.15 However, the priority of the right is the date that the application was filed with the commission.18 The commission also has certain responsibilities with respect to water distribution. The commission, or district court having juris- diction, may appoint a water master to assure the proper distribu- tion of water among the users from any water source, but this 1 Section 46-2-9, 13 S.C. Comp. Laws Ann., 1967. The 1955 act was based on statutes In Kansas and Oregon. The South Dakota Water Code was amended and sections were rearranged in 1960, and the pertinent provisions are now found in 13 S.D. Comp. Laws Ann., 1967, sees. 46-1-1 to 46-1-11, 46-2-1 to 13, 46-5-1 to 46, 46-6-1 to 23 (the latter sections were again amended in 1970). For convenience, the statutes will here- after be cited simply by section number. aSec. 46-5-5. 8 Sees. 46-6-1 to 46-6-23. * Sees. 46-5-8, 46-6-2, 46-6-8. B Sec. 46-5-11. •Sec. 46-5-17. i Sec. 46-5-20. 8 Sec. 46-5-22. •See. 46-5-18. ™ Belle Fourche Irrigation Diet. v. Smiley, 84 S.D. 701. 176 N.W. 2d 239 (1970). "Sec. 46-5-23. "Sec. 46-5-21. 13 Sees. 46-5-25, 46-5-26. "Sees. 46-5-28, 46-5-29. 15 Sec. 46-5-30. "See. 46-5-7. |
