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Show SOUTH DAKOTA 687 the commission to measure the flow and the artesian pressure, so that the commission will be aided in making its investigation.109 The statutes provide that wells should be located with due regard to existing wells, so that the artesian well pressure will not be unduly interfered with,110 and that if anyone complains that the location of a proposed well is likely to interfere with the flow of his existing well, the commission is to examine the locality to determine if the proposed well will unduly interfere with one already in existence. If the commission determines that the proposed well is likely to interfere, then its location must be changed, unless the proposed well is located near permanent buildings on a farm, in which event it is exempt from relocation under the act.111 The commission is to file a copy of its decision with the clerk of the county in which the well is located, and anyone aggrieved by the decision may appeal to the district court of the county in which the well is located.112 The statutes also provide that a person controlling an artesian well shall not permit the water thereof to flow to waste;113 and there are provisions relating to uncontrolled wells, well plugging, and control of well construction, all to the end that the commission may prevent waste.114 Any person guilty of waste or wrongful use of water is guilty of a misdemeanor,115 and the commission is authorized to enter upon any land where wells are located, at any time, to deter- mine if there is any wrongful use or waste.116 All water-well drillers in South Dakota must be licensed annually by the commission.117 The commission is directed to require that every well drilled be so constructed that there will be no waste of water from the underground basin.118 Well drillers are required to keep a log of each well drilled, describing the nature of sediments and fluids encountered, and must file the log with the commission.119 Publications Available Institution for water resource research: South Dakota Water Resources Institute, South Dakota State University, Brookings, S.D. 57006, 605-692-6111 Ext. 259. Publications Gors, Law of Water Distribution in Iowa and South Dakota: A Comparison of the Riparian and Appropriation Systems, 20 Drake L. Rev. 256 (1971). Munro, South Dakota and the Water Impasse, 11 S.D. L. Rev. 255 (1966). Note, South Dakota's Artesian Pressure-Should it oe a Protected Means of Diversion? 16 S.D. L. Rev. 481 (1971). Note, Water Rights and the Constitutionality of the 1955 South Dakota Water Act, 11 S.D. L. Rev. 374 (1966). Note, South Dakota's Water Conservancy District Law, 7 S.D. L. Rev. 157 (1962). 109 gee. 46-6-13. "" Sec. 46-6-5. m Sec. 46-6-7. i" Sec. 46-6-8. i*3 Sec. 46-6-14. »4Secs. 46-6-15 to 46-6-20. usSec. 46-6-21. it* Sec. 46-6-22. i"Sec. 46-6-9. iMSec. 46-6-10. "»Sec. 46-6-11. |
