Dams (South Dakota)

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Last modified on February 12, 2015.

EZFeed Policy

Place South Dakota


   
Applies to States or Provinces South Dakota
Name Dams (South Dakota)
Policy Category Other Policy
Policy Type Siting and Permitting
Affected Technologies Hydroelectric, Hydroelectric (Small)
Active Policy Yes

Implementing Sector State/Province




























Primary Website http://legis.sd.gov/statutes/DisplayStatute.aspx?Statute=46&Type=Statute



Last Review 2014-07-25
Last Substantive Modification
to Summary
2014-07-25

Information Source http://denr.sd.gov/des/wr/dam.aspx


Summary

Dam construction in South Dakota requires a Location Notice or a Water Right Permit. A Location Notice is a form that must be filed with the County Register of Deeds, and is the only paperwork required if (a) the proposed dam will impound 25 acre feet of water or less at the primary spillway elevation, and (b) is constructed on either a dry draw or non-navigable stream but not on a navigable stream. A dry draw, in South Dakota law, is defined as any ravine or watercourse with less than 0.4 cubic feet of average daily flow from May 1st to September 30th.

A Water Right Permit is required if (a) the proposed dam will impound more than 25 acre feet of water at the primary spillway elevation, (b) diversions will be made from the dam to serve some use other than reasonable domestic use, or (c) the proposed dam is being constructed on a navigable stream. If any of these conditions apply, an application for a Water Right Permit must be filed and approved prior to building the dam.

The Department of Environment and Natural Resources has enacted dam safety rules (SDAR 74:02:08). For the purpose of these regulations, "a structure is a dam if (a) the height to the dam crest is greater than or equal to 25 feet AND the storage at the dam crest (not at the spillway elevation) is greater than 15 acre feet OR (b) if the height to the dam crest is greater than 6 feet AND the storage at the dam crest (not at the spillway elevation) is greater than or equal to 50 acre feet.

The height of the dam is the difference in elevation between the natural bed of the watercourse or the lowest point on the toe of the dam, whichever is lower, and the crest elevation of the dam."



Policy Contact

Department South Dakota Department of Environment and Natural Resources

Address Joe Foss Building
Address 2 523 E Capitol
Place Pierre, South Dakota
Zip/Postal Code 57501
Phone (605) 773-3151

Fax (605) 773-6035
Email DENRINTERNET@state.sd.us
Website http://denr.sd.gov/default.aspx
     
     

Authorities (Please contact the if there are any file problems.)

Authority 1: SDCL 46-4 (Dry-Draw and Nonnavigable Stream Dams)




Authority 2: SDCL 46-7 (Storage, Diversion, and Irrigation Works)




Authority 3: SDAR 74:02:08 (Safety of Dams)


















References