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Show SOUTH DAKOTA 677 appointment can only be made after consultation with the water users. The users pay the salary and expenses of the water master.17 The water master enforces any adjudicated decree or, in the ab- sence of a decree, any delivery schedule which the users agree upon.18 Decisions of the water master are appealable to the commission and from there to the circuit court.19 Provision is made for the establishment of a water use control area upon the petition of the requisite number of water users.20 But the commission must hold a public hearing and conclude from its investigation that a water use control area is necessary and feasible to properly and equitably distribute the available water supply among the water right holders of record.21 If a control area is created, distribution of water is accomplished through a duly appointed water master. Measuring devices may be ordered by the commission to assure proper regulation.22 A water use control area may be abol- ished in the same manner in which it is created-upon petition of the water users.23 The commission also has other administrative responsibilities. For example, plans for flood control projects must be approved by the commission prior to construction. In its evaluation and approval, the commission is to minimize any adverse effects that the proposed construction would have on domestic water supplies and other bene- ficial uses of water and to protect existing water rights.24 Also, the owners of storage, diversion and irrigation facilities are required to maintain proper headgates and measuring devices and to keep all of their facilities in a good state of repair,25 and the commission may inspect these facilities and require changes in the construction of proposed facilities or the repair of existing facilities to insure the safety of life and property.26 It is unlawful for any person to interfere with or destroy water diversion, carriage or storage facili- ties belonging to another.27 South Dakota grants the individual the right of eminent domain for the construction of facilities necessary for the application of water to beneficial use. However, any canal or ditch shall be so lo- cated as to do the least amount of damage.28 The owner of the land traversed by the right-of-way is entitled, under the statute, to rent for his own use any surplus water which may be available in facili- ties constructed on his land.29 2.2 Resolution of Water Use Conflicts Early water use conflicts between riparian users were resolved exclusively by the courts, and private water rights disputes can still » Sees. 46-10-9, 46-10-10. " Sec. 46-10-12. "Sec. 46-10-13. 40 Sec. 46-10-14. » Sees. 46-10-16 to 46-10-19. 82 Sees. 46-10-20 to 46-10-27. * Sec. 46-10-28. M Sees. 46-19-1 to 46-19-6. * Sees. 46-7-2 to 46-7-4. » Sees. 46-7-5 to 46-7-9. " Sees. 46-7-10 to 46-7-15. » Sees. 46-8-1 to 46-8-11. » Sees. 46-8-12 to 46-8-14. |