S.D. Admin. R. 74:02:04:74
The owner or equitable property holder is responsible for the well from the time the licensed well driller successfully completes the well in compliance with this chapter. The owner or equitable property holder shall keep the well capped or covered, in good repair, and in a sanitary condition. If the well is flowing, the owner or equitable property holder shall control the flow to the amount necessary for reasonable domestic use or to the amount authorized by the water permit or right. The owner or equitable property holder shall shut in the well or reduce the flow to no more than five gallons a minute to prevent freezing when the flowing well is not in use. The owner or equitable property holder may not change the construction to deviate from the requirements of this chapter. If property is leased, the obligations of the owner or equitable property holder which are set in this section may be transferred to the lessee by mutual consent.
S.D. Admin. R. 74:02:04:74
General Authority: SDCL 46-2-5, 46-6-6.1, 46-6-20, 46-6-27.
Law Implemented: SDCL 46-2-9, 46-6-6.1, 46-6-10, 46-6-14, 46-6-18, 46-6-20, 46-6-21, 46-6-27, 46-6-28.