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Show 678 SOUTH DAKOTA be initiated and litigated in the courts, whether the claimants are riparian users or appropriators. But at a later time, the State engineer was given statutory juris- diction and control over the streams of the State, and was authorized to apportion the waters among riparians whenever requested to do so by five or more users.80 This provision was omitted from the 1955 water code, which now provides for general adjudication proceed- ings to resolve water rights, and directs that all claimants "so far as they can be ascertained with reasonable diligence" be joined in the proceeding.31 Presumably, such adjudications will bind only those claimants who are joined as parties to the proceedings.32 The State attorney general is authorized to initiate adjudication pro- ceedings upon request of the water resources commission,33 or to intervene in an existing action between private parties in order to protect the public interest.34 The commission prepares a hydrographic survey of water uses from the water source being adjudicated, and the users are assessed the cost of the survey.35 The judgment in an adjudication action fully defines the right of each party with re- spect to priority, place, and nature of use, point of diversion and quantity of water awarded.36 Another form of water rights determination occurs when applica- tions are filed, because the South Dakota Supreme Court has spe- cifically held that the water resources commission has an affirmative duty whenever it receives an application for a permit to use un- appropriated water, to determine whether and to what extent there are vested water rights which are preserved by the statute.37 2.3 Other Agencies Having Water Resource Responsibilities A. WATER QUALITY CONTROL The State water pollution control act38 creates a committee on water pollution, consisting of the State health officer, the chief engi- neer of the water resources commission, the director of the depart- ment of game, fish and parks, and, in addition, four electors of the State appointed by the Governor, and who shall be selected without regard to their "political affiliations" and who are required to repre- sent industry, livestock feeders, livestock growers, and municipal government. The committee is required to classify all public waters as either "Class A" or "Class B" waters. The former are those suitable for domestic use and which are not deleterious to fish or plant life. The latter include waters which are more suitable as carriers of waste, providing such wastes are not detrimental to the public health.39 Interstate and navigable waters may not carry a "B" classification 3° S.D. Laws 1935, ch. 214. 31 Sec. 46-10-3. 32 Cf. Cundy v. Weber, 68 S.D. 214, 300 N.W. 17 (1941). 33 Sees. 46-10-1, 2. 34 Sec. 46-10-7. 35 Sec. 46-10-4. 36 Sec. 46-10-8. 37 Belle Fourche Irrigation Dist. v. Smiley, 84 S.D. 701, 176 N.W. 2d 239 (1970). 38 Sec. 46-25-1. so Sec. 46-25-6. |