S.D. Admin. R. 74:02:01:38

Current through Register Vol. 51, page 67, December 16, 2024

Section 74:02:01:38 - Procedure for consideration of water permit, right, or vested right cancellations - Contents of notice

If investigation by the chief engineer indicates a water permit, right, or vested right is invalid pursuant to § 74:02:01:37, the chief engineer shall prepare a recommendation to cancel. If the holder of an invalid permit, right, or vested right is not known following examination of known records, the chief engineer shall publish a notice of cancellation pursuant to SDCL 46-2A-4(1) to (9), as applicable, and SDCL 1-26-17.

The chief engineer shall send the notice of cancellation by first class mail to the holder of the invalid permit, right, or vested right, if known, at least 27 days before the scheduled hearing.

S.D. Admin. R. 74:02:01:38

SL 1975, ch 16, § 1; transferred from § 52:01:01:36, effective 7/1/1979; 9 SDR 96, effective 1/30/1983; 10 SDR 27, effective 9/26/1983; 13 SDR 49, effective 10/27/1986; 13 SDR 129, 13 SDR 141, effective 7/1/1987; 15 SDR 158, effective 4/23/1989; 24 SDR 90, effective 1/4/1998.

General Authority: SDCL 46-2-5.

Law Implemented: SDCL 46-2-9, 46-2-17, 46-2A-2, 46-2A-4, 46-2A-5, 46-5-36, 46-5-37, 46-5-37.1.