Water Rights
IN SOUTH DAKOTA

Dictionary of Water Right Terms

The terms included in this dictionary that are defined by statute or rule have the legal citation noted in bold at the beginning of the definition. Other terms that are not specifically defined by statute or rule are defined based on general legal authority or on the common meaning of the terms. A complete listing of statutes and rules as referenced in the following definitions may be viewed by searching the SD Legislature Website.


A    B    C    D    E     F    G     H      I     J     K    L     M    N    O    P    Q    R    S    T    U    V    W    X    Y    Z

Abandonment.
To give up the right to make a beneficial use of water as authorized by a water appropriation – SDCL 46-5-37.1.

Abandoned well or test hole.
Water Rights - Well Construction Standards: ARSD 74:02:04:20 A well or test hole whose original purpose and use has been permanently discontinued, which is in such a state of disrepair that its original purpose cannot be reasonably achieved, or which is abandoned pursuant to 46-6-27.

Acidizing.
Water Rights - Well Construction Standards: ARSD 74:02:04:20 The process of introducing acid into an acid-soluble formation for the purpose of enlarging the pore space by dissolving the surrounding formation, removing encrustants from well screen and gravel pack, and dissolving cemented materials.

Acre-foot.
The amount of water upon an acre covered one foot deep – SDCL 46-1-7.

Act of nature.
Water Rights – Financial Assurance: ARSD 74:07:01:01 A weather event that causes department-approved design capacities for a permitted activity to be exceeded.

Adequate well.
Water Rights - Well Construction Standards: ARSD 74:02:04:20 A well constructed or rehabilitated to allow various withdrawal methods to be used, to allow the inlet to the pump to be placed not less than 20 feet into the saturated aquifer or formation material when the well is constructed, or to allow the pump to be placed as near to the bottom of the aquifer as is practical if the aquifer thickness is less than 20 feet.

Adversely impacted domestic well.
Water Rights – Well Construction Standards: ARSD 74:02:04:20 A well in which the pump intake was set at least 20 feet below the top of the aquifer at the time of construction or, if the aquifer is less than 20 feet thick, is as near to the bottom of the aquifer as is practical and the water level of the aquifer has declined to a level that the pump will no longer deliver sufficient water for the well owner's needs.

Affidavit.
Water Rights - Storage, Diversion and Irrigation: SDCL 46-7-5.4 A written declaration under oath, made on personal knowledge, subscribed and dated by the owner in the presence of a notary public.

Amendment.
A change to an existing water right permit, water right, or vested right such as adding diversion points, moving diversion points or irrigated acreage, changing water uses, etc. An amendment may not increase the rate of diversion or increase the volume of water or impair existing water rights – SDCL 46-5-30.4.

ANSI.
Water Rights – Well Construction Standards: ARSD 74:02:04:20 American National Standards Institute, Inc.

ASTM.
Water Rights - Well Construction Standards: ARSD 74:02:04:20 Water Development - Solid Waste Management Program: ARSD 74:05:10:01 The American Society for Testing Materials.

AWWA.
Water Rights - Well Construction Standards: ARSD 74:02:04:20 American Water Works Association.

Annular space, annulus.
Water Rights - Well Construction Standards: ARSD 74:02:04:20 The space between two concentric cylinders or circular objects, such as the space between the borehole wall and the casing or between two casings.

Antipollution devices.
Chemigation: SDCL 34A-2A-1 Any mechanical equipment used to reduce hazard to the environment in cases of malfunction or shutdown of chemigation equipment during chemigation and may include, but is not limited to, interlock, waterline check valve, chemical line closure device, vacuum relief device and automatic low pressure drain.

Appropriation.
An authorization granted by the state Water Management Board to make a private, beneficial use of the state's water resources – SDCL 46-1-3.

Approved.
Water Rights - Well Construction Standards: ARSD 74:02:04:20 Acceptable under an applicable standard of this chapter or accepted as suitable for the proposed use by the water management board or chief engineer.

Aquifer.
Water Rights - Well Construction Standards: ARSD 74:02:04:20 A geologic formation, a group of geologic formations, or part of a geologic formation that contains sufficient saturated permeable material to yield quantities of groundwater to wells and springs.
Water Rights – Financial Assurance: ARSD 74:07:01:01 A geologic formation, group of geologic formations, or part of a geologic formation that contains sufficient saturated permeable material to yield economical quantities of water to wells and springs.

Area capacity curves.
Water Rights - Safety of Dams: ARSD 74:02:08:01 Graphic curves which show the relationship between reservoir surface area and the storage capacity of the reservoir at given elevations.

ARSD.
Administrative Rules of South Dakota.

Artesian aquifer.
Water Rights - Well Construction Standards: ARSD 74:02:04:20 A confined aquifer.

Artesian pressure.
Water Rights - Well Construction Standards: ARSD 74:02:04:20 The natural force which causes water in a well penetrating an aquifer to rise above the top of the aquifer and produces flowing wells when the pressure is sufficient to force the water above the land surface.

Artesian water.
Water Rights: SDCL 46-1-6 Any confined groundwater that is under sufficient pressure to rise above its confining bed.

Artesian well.
Water Rights: SDCL 46-1-6 Any well drilled into artesian waters as defined herein which flows naturally or is pumped by mechanical means.

Go to top
B

Bedrock.
Water Rights - Well Construction Standards: ARSD 74:02:04:20 Any geologic formation or sediment of Pliocene age or older, including the following formations: Ogallala, Arikaree, Hell Creek, Fox Hills, Niobrara, Codell, Dakota, Inyan Kara, Minnelusa, Madison, and Deadwood.

Beneficial use.
Water Rights: SDCL 46-1-6 Any use of water within or outside the state, that is reasonable and useful and beneficial to the appropriator, and at the same time is consistent with the interests of the public of this state in the best utilization of water supplies.

Bentonite.
Water Rights - Well Construction Standards: ARSD 74:02:04:20 A highly plastic, colloidal clay composed largely of the mineral montmorillonite.

Bentonite grout.
Water Rights - Well Construction Standards: ARSD 74:02:04:20 a mixture consisting of a high solids, sodium bentonite material, approved by the chief engineer, which has been commercially manufactured and specially formulated for use as a well casing seal or to plug a borehole or abandoned well.

Board.
Water Rights: SDCL 43-17-20 The water management board created by 1-40-15 and further defined in 1-40-19.
Water Rights: SDCL 46-1-6 and Water Rights – Financial Assurance: ARSD 74:07:01:01 The water management board created by 1-40-15.

Breach analysis.
Water Rights - Safety of Dams: ARSD 74:02:08:01 A simulated dam failure performed to determine the outflow hydrograph and to route the resulting flood wave.

Go to top
C

Cancel.
Termination of the right to make a beneficial use of water resulting from abandonment or forfeiture of the beneficial use – SDCL 46-5-37.1.

Casing.
Water Rights - Well Construction Standards: ARSD 74:02:04:20 A tubular structure, generally of metal, concrete, or thermoplastic, which is installed in the hole to maintain the well opening.

Category 1 dam.
Water Rights - Safety of Dams: ARSD 74:02:08:01 A high hazard dam whose failure may cause loss of life.

Category 2 dam.
Water Rights - Safety of Dams: ARSD 74:02:08:01 A significant hazard dam whose failure may cause damage to buildings, highways, railroads, bridges, or public utilities; loss of a water supply reservoir for a water distribution system; other extensive economic loss; or the reservoir is the only source of water for a water distribution system.

Category 3 dam.
Water Rights - Safety of Dams: ARSD 74:02:08:01 A low hazard dam whose failure may cause limited damage to agricultural lands or county and township roads or minimum economic loss.

Cement grout.
Water Rights - Well Construction Standards: ARSD 74:02:04:20 A mixture consisting of a high-sulfate-resistant type portland cement and no more than six gallons of water for each 94-pound sack of cement.

Cementing.
Water Rights - Well Construction Standards: ARSD 74:02:04:20 The process of mixing and placing cement grout in a hole to prevent the vertical movement of fluids in the hole or the annulus.

Centralizer.
Water Rights - Well Construction Standards: ARSD 74:02:04:20 A device used to center the casing in the hole.

CFS.
Cubic feet per second – SDCL 46-1-7.

Check valve.
Water Rights - Chemigation: ARSD 74:02:09:01 A device that provides a positive (absolute) closure which prohibits the flow of material or liquid in the opposite direction of that desired when operation of the irrigation system pumping plant or chemical injection unit fails or is shut down.

Chemical.
Chemigation: SDCL 34A-2A-1 Any fertilizer or pesticide.

Chemigation.
Chemigation: SDCL 34A-2A-1 Any process whereby chemicals are added to irrigation water applied to land or crop or both through an irrigation system.

Chief engineer.
Chemigation: SDCL 34A-2A-1 The officer employed by the department of environment and natural resources pursuant to 46-2-3.
Water Rights: SDCL 46-1-6 The officer employed pursuant to 46-2-3, or his authorized representative.

Clay.
Water Rights - Well Construction Standards: ARSD 74:02:04:20 A fine-grained inorganic material, less than 0.0002 inches or less than 0.004 millimeters in diameter, which has very low permeability.

Commercial use.
Water Rights: ARSD 74:02:01:01 Water use supplied from other than a common water distribution system to a business such as a truckstop; tourist attraction; eating, drinking, or lodging establishment; commercial campground; convenience store; implement business; salvage business; or any other business or to a livestock confinement feeding operation that exceeds reasonable domestic use.

Confined aquifer.
Water Rights – Well Construction Standards: ARSD 74:02:04:20 "artesian aquifer," An aquifer in which the groundwater is isolated from the atmosphere by geologic formations of low permeability and in which the water levels of wells completed into the aquifer rise above the top of the aquifer.

Conservation storage capacity.
Water Rights - Safety of Dams: ARSD 74:02:08:01 The volume in acre-feet in the reservoir at the crest of the primary spillway.

Go to top
D

Dam.
Water Rights – General Rules: ARSD 74:02:01:01 As used in chapter 74:02:01, an artificial barrier, including appurtenant works, which impounds or diverts water.
Water Rights - Safety of Dams: ARSD 74:02:08:01 For the purpose of this chapter an artificial barrier, including appurtenant works, which impounds or diverts water and which is 25 feet or more in height from the natural bed of the stream or watercourse measured at the downstream toe of the barrier or from the lowest elevation of the outside limit of the barrier, if it is not across a stream channel or watercourse, to the maximum water storage elevation or has an impounding capacity at maximum water storage elevation of 50 acre-feet or more. A barrier is not considered a dam for the purpose of this chapter if the height does not exceed 6 feet regardless of storage capacity or if the storage capacity at maximum water storage elevation does not exceed 15 acre-feet regardless of height.

Department.
Water Rights: SDCL 46-1-6 and Water Rights – Financial Assurance: ARSD 74:07:01:01 The department of environment and natural resources.

Diameter.
Water Rights - Well Construction Standards: ARSD 74:02:04:20 The commercially designated nominal inside dimension for pipe sizes 1/8 to 12 inches, inclusive, and the outside dimension of pipe 14 inches and larger.

Diversion point.
The geographic location at which water is diverted for purposes of placing the water to beneficial use. Examples of diversion points include wells, water storage dams, diversion dams, dugouts, pump sites along a surface water source, etc.

Domestic use.
Water Rights: SDCL 46-1-6 Use of water not exceeding eighteen gallons per minute on an average daily basis, except for larger domestic wells in operation prior to July 1, 1983, by an individual, or by a family unit or household, for drinking, washing, sanitary and culinary purposes and other ordinary household purposes; irrigation of a noncommercial family garden, trees, shrubbery or orchard not greater in area than one acre; eighteen gallons per minute or less for uses in schools, parks and other public recreation areas; geothermal heat for a single household; or noncommercial on-farm alcohol production. The use of water supplied by a water distribution system for the preceding purposes, for the occupants of schools, hospitals and other custodial care facilities and for fire protection is a domestic use as against appropriative rights having a priority after June 30, 1978. Stock watering is a domestic use. Use of groundwater by water distribution systems, except for irrigation purposes is a domestic use except where groundwater and water in flowing streams constitute the same water supply source, but only to the extent the water was actually used prior to July 1, 1978.

Drawdown.
Water Rights - Well Construction Standards: ARSD 74:02:04:20 The difference in levels between the static water level and the pumping or dynamic water level in a well.

Drip irrigation.
Water Rights - Appropriation of Water: SDCL 46-5-50 For purposes of 46-5-51, the term, "drip irrigation," means a planned irrigation system in which water is applied directly to the root zone of plants by means of applicators, such as orifices, emitters, porous tubing or perforated pipe, that are operated under low pressure and are placed on or below the surface of the ground.

Driven well.
Water Rights – Well Construction Standards: ARSD 74:02:04:20 A well constructed in an unconsolidated formation by driving the casing from the ground surface to the final casing depth as the well is deepened.

Dry draw.
Water Rights: SDCL 46-1-6 Any ravine or watercourse not having an average daily flow of at least 0.4 cubic feet per second (twenty miner's inches) of water during the period May first to September thirtieth, inclusive. This shall not, however, apply to a body of water such as a natural or publicly owned lake.

Dugout.
Water Rights: ARSD 74:02:01:01 A man-made excavation below the ground surface that is used for storing water.

Go to top
E

Effective height.
Water Rights - Safety of Dams: ARSD 74:02:08:01 The difference in elevation in feet between the lowest point in the cross section taken along the centerline of the dam and crest of the emergency spillway. If there is no emergency spillway, the top of the dam is the upper limit.

Emergency preparedness plan, EPP.
Water Rights - Safety of Dams: ARSD 74:02:08:01 A predetermined plan of action to be taken to reduce the potential for property damage and loss of lives in an area that may be affected by a dam break.

Energy industry use.
Water Rights: SDCL 46-1-6 The use of water in an amount in excess of one thousand acre-feet per year as a medium for carrying coal or other energy minerals, or in the extraction or refining of energy minerals.

Energy industry user.
Water Rights: SDCL 46-1-6 A natural person, firm, partnership, association, syndicate, corporation, joint venture, public entity, or state or federal agency using or supplying water for energy industry use.

Energy minerals.
Water Rights: SDCL 46-1-6 Energy minerals as that term is defined in 10-39A-1.1.

Engineer.
Water Rights - Safety of Dams: ARSD 74:02:08:01 A person who is registered as a professional engineer pursuant to SDCL 36-18, or a person who is employed by a federal or state agency and who designs or inspects dams as part of the person's employment, acting under the supervision of a professional engineer registered pursuant to SDCL 36-18.

Experimentation and research and development.
Weather Modification: SDCL 46-3A-1 Means theoretical exploration and experimentation and the extension of investigative findings and theories of a scientific or technical nature in the practical application for experimental and demonstrative purposes, including the experimental producing and testing of model devices, equipment, materials and processes.

Go to top
F

Fertilizer.
Chemigation: SDCL 34A-2A-1 Any formulation or product used as a plant nutrient which is intended to promote plant growth and contains one or more plant nutrients.

50-year, 24-hour duration flood.
Water Rights - Safety of Dams: ARSD 74:02:08:01 The flood magnitude expected to be equaled or exceeded on the average of once in 50 years, with a two percent chance of being exceeded in any given year, determined by using the 50-year, 24-hour storm unless gauging data is available and proved to be accurate.

Financial assurance.
Water Rights – Financial Assurance: ARSD 74:07:01:01 A financial instrument, documentation, or other means to guarantee that sufficient funds are available to ensure the performance of corrective actions to contain, mitigate, and remediate all pollution, contamination, or degradation of the environment that may result from an impact.

Flood plain.
Water Rights - Storage, Diversion and Irrigation: SDCL 46-7-5.4 An area below the dam that has been or may be covered with water from natural runoff or from any failure of the dam.

Forfeiture.
Water Rights: SDCL 46-5-37 When any person entitled to the use of appropriated water fails to use beneficially all or any part of such water for the purpose for which it was appropriated, for a period of three years, such unused water shall revert to the public and shall be regarded as unappropriated public water.

Freeboard.
Water Rights - Safety of Dams: ARSD 74:02:08 The vertical distance between the top of the dam and the estimated maximum water level.

Future use permit.
A water appropriation reserving a definite amount of water with a specified priority date – SDCL 46-5-38.1.

Go to top
G

Gate.
Water Rights – Fences Crossing Navigable Streams: ARSD 74:02:10:01 Means a section of the fence, including switchbacks and other devices, that crosses a stream, as allowed by SDCL 43-17-35, and that can be opened to allow safe passage.

Geophysical logging.
Water Rights – Well Construction Standards: ARSD 74:02:04:20 A technique that measures a physical, chemical, or radioactive property of the subsurface, either characteristic of the formation fluid or of the formation in which the fluid occurs, such as resistivity and self-potential logging (electric logging), gamma and neutron logging (radiation logging), caliper logging, temperature logging, and photographic logging.

GPM.
Gallons per minute.

Gravel-packed well.
Water Rights: ARSD 74:02:01:01.01 A well in which filter material is placed in the annular space to help prevent fine-grain sediments from entering the well and to stabilize the sediments around the well screen.

Groundwater.
Water Rights: SDCL 46-1-6 Water under the surface, whatever may be the geologic reservoir in which it is standing or moving.

Grout.
Water Rights: Well Construction Standards ARSD 74:02:04:20 A slurry which is used to form a permanent, impervious seal in the annular space or to fill and seal abandoned holes or wells.

Go to top
H

Heat of hydration.
Water Rights: Well Construction Standards ARSD 74:02:04:20 The heat evolved during the setting and hardening of portland cement or cement grout.

Height.
Water Rights - Safety of Dams: ARSD 74:02:08:01 The difference in the elevation of either the natural bed of the stream or watercourse or the lowest point on the toe of the dam, whichever is lower, and the crest elevation of the dam.

High-hazard dam.
Water Rights - Storage, Diversion and Irrigation: SDCL 46-7-5.4 A dam whose failure may cause loss of life.

>Horizontal closed-loop system.
Water Rights: Well Construction Standards ARSD 74:02:04:20 A continuous length of sealed pipe that is installed in trenches or ditches with the ends connected to a water to air heat pump allowing the system to transfer heat from the ground to the liquid in the pipe or transfer heat from the liquid to the ground.

Hydraulic collapse resistance.
Water Rights: Well Construction Standards ARSD 74:02:04:20 The capability of well casing to withstand collapsing pressure under external loads.

Go to top
I

Immediate family.
Water Rights - Storage, Diversion and Irrigation: SDCL 46-7-5.4 The owner, the owner's spouse, and their minor children.

Impact.
Water Rights – Financial Assurance: ARSD 74:07:01:01 Pollution, contamination, or degradation of the environment caused by wastewater or associated solids that may result from either abandonment of the permitted activity or from an event not caused by an act of nature.

Inspection.
Water Rights - Safety of Dams: ARSD 74:02:08:01 A visual or mechanical check by measuring, boring, or any method necessary to determine the adequacy of construction techniques and the safety and operating performance of a dam.

Interlock.
Water Rights - Chemigation: ARSD 74:02:09:01 The arrangement or interconnection of the irrigation pump, chemical injection units, and other pumps or supply tanks so that total shutdown of the system will occur if any component malfunctions or fails.

Intermediate storage capacity.
Water Rights - Safety of Dams: ARSD 74:02:08:01 The volume in acre-feet in the reservoir at the crest of the emergency spillway.

Irrigation.
Water Rights: ARSD 74:02:01:01 The artificial application of water for the purpose of supplying sufficient moisture for plant growth. Disposal of contaminated water is not considered to be irrigation unless other water is use along with the contaminated water.

Irrigation system.
Chemigation: SDCL 34A-2A-1 Any device or combination of devices having a hose, pipe, or other conduit which connects directly to any source of ground or surface water, through which water or a mixture of water and chemicals is drawn and applied to land or crop or both. The term does not include any handheld hose sprayer or other similar device which is constructed so that an interruption in water flow automatically prevents any backflow to the water source.

Go to top
L

Large capacity well.
Water Rights: SDCL 46-1-6 A well capable of delivering water in excess of four one-hundredths cubic feet per second or eighteen gallons per minute.

Low permeability.
Water Rights: Well Construction Standards ARSD 74:02:04:20 Permeability of .000001 centimeters per second or less.

Low-pressure drain.
Water Rights - Chemigation: ARSD 74:02:09:01 A self-activating device to drain that portion of an irrigation pipeline or conduit whose contents could potentially enter the water supply when operation of the irrigation system pumping plant fails or is shut down.

Go to top
M

Maximum storage capacity.
Water Rights - Safety of Dams: ARSD 74:02:08:01 The volume in acre-feet in the reservoir at the crest of the dam.

Miner's inch.
Water Rights: SDCL 46-1-7 One-fiftieth of a cubic foot per second in all cases, except when some other equivalent of the cubic foot per second has been specially stated by the contract or has been established by actual measurement or use, or by court decree.

Minimum well.
Water Rights - Well Construction Standards: ARSD 74:02:04:20 A well that at least meets the provisions of SDCL chapter 46-6 and this chapter.

Municipal use.
Water Rights: SDCL 46-1-6 The use of water by the state through its institutions, facilities, and properties or by a municipality, and, with regard to municipal rights having a priority before July 1, 1978, by the inhabitants thereof, for household, custodial care, and fire protection purposes, whether supplied by the government or by a privately owned public utility or other agency, primarily to promote the life, safety, health, comfort, and business pursuits of the state, municipality, and the inhabitants thereof. It does not include the irrigation of crops on a commercial scale, even within the limits of the state institution, facility property, or municipality. Nor does it include large recreational uses such as lakes.

NSF.
Water Rights - Well Construction Standards: ARSD 74:02:04:20 National Sanitation Foundation.

Noncommercial purposes.
Water Rights - Appropriation of Water: SDCL 46-5-52 For purposes of 46-5-51, the term, "noncommercial purposes," means tree plantings specifically for conservation purposes, excluding trees planted for ornamental or commercial purposes.

Go to top
O

Observation or monitoring well.
Water Rights Well Construction Standards: ARSD 74:02:04:20 A cased well used for measuring groundwater levels or collecting water samples.

100-year flood.
Water Rights - Safety of Dams: ARSD 74:02:08:01 The flood magnitude expected to be equaled or exceeded on the average of once in 100 years, with a one percent chance of being exceeded in any given year, determined by using the 100-year, 24-hour, storm unless gauging data is available and proved to be accurate.

Operation.
Weather Modification: SDCL 46-3A-1 The term "operation" means the performance of weather modification activities entered into for the purpose of producing, or attempting to produce, a certain modifying effect within one geographical area over one continuing time interval not exceeding one year.

Ordinary high water mark.
Water Rights: SDCL 43-17-20 The term as defined in decisions rendered by the courts of this state.

Ordinary low water mark.
Water Rights: SDCL 43-17-20 The term as defined in decisions rendered by the courts of this state.

Owner.
Water Rights - Groundwater and Wells: SDCL 46-6-18 The owner of property on which an abandoned or forfeited well is located is deemed to be the owner of the well.

a) Owner and operator.
Water Rights – Financial Assurance: ARSD 74:07:01:01 Any person legally responsible for an activity authorized by a permit.

b) Owner, Dam owner.
Water Rights - Safety of Dams: ARSD 74:02:08:01 A person as defined by SDCL 46-1-6(1) who owns, controls, operates, maintains, manages, or proposes to construct a dam or reservoir.

Go to top
P

Packer,
Water Rights Well Construction Standards: ARSD 74:02:04:20 A device placed in a well for the purpose of sealing an annular space.

Perforations.
Water Rights Well Construction Standards: ARSD 74:02:04:20 A series of openings in a well casing made either before or after installation of the casing to permit the entrance of water into the well.

Permit.
Water Rights – Financial Assurance: ARSD 74:07:01:01 A water right permit, water right, validated vested water right, water quality variance permit, ground water discharge facility construction permit, or ground water discharge permit that is granted, amended, extended, or renewed by the board and which may include conditions or qualifications.

Person.
Water Rights: SDCL 46-1-6 A natural person, a partnership, an association, a corporation, a municipality, the state of South Dakota and any political subdivision thereof, and agency of the federal government.
Weather Modification: SDCL 46-3A-1 The term "person" means any person, firm, association, organization, partnership, company, corporation, private or public county, city, trust, or other public agencies.

Pesticide.
Chemigation: SDCL 34A-2A-1 Any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pests, or any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant.

Pitless unit or pitless adaptor.
Water Rights – Well Construction Standards: ARSD 74:02:04:20 A unit or adapter designed to permit water service pipes to pass through the wall of the well casing below the frostline, to prevent entrance of contaminants, and to provide full access to the water system components within the well.

Pollution source.
Water Rights Well Construction Standards: ARSD 74:02:04:20 Anything that causes groundwater pollution including but not limited to the following:
a. Wastes, point source, and pollutant as definec by 34A-2-2.
b. Wastewater absorption, evapotranspiration, and graywater systems.
c. Seepage pits, cesspools, No dak systems, mounds, and pit privies as described by chapter 74:03:01.
d. Barnyards, barngutters, feed lots, animal pens, and farm silos.

Portland cement.
Water Rights: ARSD 74:02:01:01.01 A substance defined by ASTM standards C150-89, a "Standard Specification for Portland Cement."

psi.
Water Rights Well Construction Standards: ARSD 74:02:04:20 A unit of pressure, pounds per square inch.

Preliminary risk assessment.
Water Rights - Safety of Dams: ARSD 74:02:08:01 As applied to dam safety, the process of identifying the downstream hazard potential for the purpose of classifying a dam.

Pressure grouting
Water Rights – Well Construction Standards: ARSD 74:02:04:20 The positive placement of grout by introducing the grout at the bottom of the void to be grouted.

Probable maximum flood, PMF.
Water Rights - Safety of Dams: ARSD 74:02:08:01 The flood that may be expected from the most severe combination of critical meteorologic and hydrologic conditions that are possible in the region.

Priority of appropriation.
Water Rights: SDCL 46-5-7 As between appropriators, the first in time is the first in right. The priority of the appropriation shall date from the time of filing of the application therefor in the office of the water management board.

Probable maximum precipitation.
Water Rights – Safety of Dams: ARSD 74:02:08:01 "PMP," The precipitation that may be expected from the most severe combination of critical meteorologic conditions that are reasonably possible in an area as found in the National Weather Service Hydrometeorological Report No. 51, "Probable Maximum Precipitation Estimates, United States East of the 105th Meridian"; or Hydrometeorological Report No. 55, "Probable Maximum Precipitation Estimates, United States Between the Continental Divide and the 103rd Meridian".

Process water.
Water Rights - Safety of Dams: ARSD 74:02:08:01 Water that may have chemicals, sewage, metals, or any other material added to it during the use of the water in an operation.

Public recreation areas.
Water Rights - General Rules: ARSD 74:02:01:01.01 As used in SDCL 46-1-6(7), means campgrounds, parks, roadside rest areas, and other publicly owned recreation areas that are open to the public and golf courses that are open to the public.

Public water supply well.
Water Rights – Well Construction Standards: ARSD 74:02:04:20 A well that supplies water to one or more of the following:
(a) Water distribution systems as defined by SDCL 46-1-6(17);
(b) Community water systems as defined by subdivision 74:04:05:01(3);
(c) Water supplied from other than a common water distribution system to the public from such facilities as campgrounds, tourist attractions, roadside parks, rest areas, churches, hospitals, nursing homes, schools, or eating, drinking, lodging, and other commercial business establishments or for commercial use as defined by subdivision 74:02:01:01(1) or for manufacturing or industrial operations; and
(d) Noncommunity water systems as defined by subdivision 74:04:05:01(27)

Pump.
Water Rights – Well Construction Standards: ARSD 74:02:04:20 Equipment installed at ground surface or in a well which delivers water from an aquifer or storage unit.

Go to top
R

Reasonable domestic use.
Water Rights: ARSD 74:02:01:01 The use of 25,920 gallons of water per day or less as necessary for domestic purposes, with a maximum pumping rate of 25 gallons per minute.

Risk assessment.
Water Rights - Safety of Dams: ARSD 74:02:08:01 As applied to dam safety, the process of identifying the likelihood and consequence of dam failure to provide the basis for informed decisions on a course of action.

Go to top
S

Sack of cement.
Water Rights -Well Construction Standards: ARSD 74:02:04:20 94 pounds, dry weight, of an approved portland cement.

Saturated material.
Water Rights - Well Construction Standards: ARSD 74:02:04:20 A material whose openings or pores are filled with water.

Sewer lines.
Water Rights - Well Construction Standards: ARSD 74:02:04:20 Buried pipe constructed and tested in compliance with ANSI/AWWA, Standards C600-87, C603-90, or C-900-89.

Specific capacity.
Water Rights – Well Construction Standards: ARSD 74:02:04:20 Well yield in gallons per minute per foot of drawdown.

Spillway.
Water Rights - Safety of Dams: ARSD 74:02:08:01 An open or closed channel, conduit, or drop structure used to convey water from a reservoir.

Spillway design flood.
Water Rights - Safety of Dams: ARSD 74:02:08:01 The flood that the spillway of a given project is designated to pass safely without overtopping the structure.

Static water level.
Water Rights – Well Construction Standards: ARSD 74:02:04:20 The depth to water measured from the ground surface; shut-in pressure measured at the ground surface.

Stock watering.
Water Rights: ARSD 74:02:01:01 Watering of animals as follows:
a. Domestic and other farm animals.
b. Livestock in confinement feeding operations that do not exceed reasonable domestic use.

Surge.
Water Rights – Well Construction Standards: ARSD 74:02:04:20 Waves of pressure that are either positive, higher than the normal pressure level, or negative, below the normal pressure level.

Go to top
T

Temporary permit.
A temporary authorization issued by the chief engineer for the use of public water for construction, testing or drilling purposes without any grant of water rights. No authorization is valid past December 31 of the year in which the authorization was issued – SDCL 46-5-40.1.

Temporary use permit.
Before development of part or all of the water appropriated under a future use permit or permit, a temporary appropriation of the water may be made – SDCL 46-5-39.

Test hole.
Water Rights - Well Construction Standards: ARSD 74:02:04:20 A hole designed to obtain information on groundwater quality or geological and hydrological conditions, or both.

Test well.
Water Rights – Well Construction Standards: ARSD 74:02:04:20 A well constructed for aquifer testing.

Thermoplastic casing.
Water Rights – Well Construction Standards: ARSD 74:02:04:20 Water well casing made from acrylonitrile-butadiene-styrene (ABS), polyvinyl chloride (PVC), or styrene rubber (SR).

Till.
Water Rights – Well Construction Standards: ARSD 74:02:04:20 Unstratified glacial drift deposited directly by the ice, consisting of mostly clay as matrix, sand, gravel, and boulders.

Top of the aquifer.
Water Rights - Well Construction Standards: ARSD 74:02:04:20 The uppermost point at which saturated conditions are found.

Tremie pipe.
Water Rights – Well Construction Standards: ARSD 74:02:04:20 A pipe that carries grout to the bottom of the hole or well and allows placement of the grout under pressure from the bottom to the top of the hole or well; a pipe that carries gravel pack to the screened area of the well.

25-year, 24-hour duration flood.
Water Rights - Safety of Dams: ARSD 74:02:08:01 The flood magnitude expected to be equaled or exceeded on the average of once in 25 years, with a four percent chance of being exceeded in any given year, determined by using the 25-year, 24-hour storm unless gauging data is available and proved to be accurate.

Go to top
U

Unconfined aquifer.
Water Rights – Well Construction Standards: ARSD 74:02:04:20"water table aquifer," An aquifer in which the uppermost groundwater surface is at atmospheric pressure.

Uncontrolled artesian well
Water Rights - Groundwater and Wells: SDCL 46-6-15 By uncontrolled artesian well is meant one that cannot be controlled by mechanical means.

Go to top
V

Vacuum relief valve.
Water Rights - Chemigation: ARSD 74:02:09:01 A device that automatically relieves or breaks vacuum in an irrigation pipeline or conduit due to system failure or shutdown.

Vertical closed-loop system.
Water Rights – Well Construction Standards: ARSD 74:02:04:20 A continuous length of sealed pipe that is installed in one or more drill holes for the purpose of utilizing geothermal heat.

Vested rights.
Water Rights: SDCL 46-1-9 The term "vested rights" used in this title, unless the context otherwise clearly requires, means:
a. The right of a riparian owner to continue to use water actually applied to any beneficial use on March 2, 1955, or within three years immediately prior to that date to the extent of the existing beneficial use made of the water.
b. Use for domestic purposes as that term is defined in subdivision (7) of 46-1-6.
c. The right of a riparian owner to take and use water for beneficial purposes if the riparian owner was engaged in the construction of works for the actual application of the water to a beneficial use on March 2, 1955, provided the works were completed and water was applied to use within a reasonable time thereafter.
d. Rights granted before July 1, 1955, by court decree.
e. Uses of water under diversions and applications of water prior to the passage of the 1907 water law and not subsequently abandoned or forfeited.

Water Rights – Dry Draw and Nonnavigable Stream Dams: SDCL 46-4-5 The right of any person to continue the use of water from any dry-draw is a "vested right," to the extent it is not abandoned or forfeited and:
(1) The water had actually been applied to a beneficial use on March 18, 1957, or within three years immediately prior thereto to the extent of the actual beneficial use thereof; or
(2) The dry-draw owner was engaged in the construction of works for the actual application of water to a beneficial use on March 18, 1957, provided that such works were completed and water actually applied for such use within a reasonable time thereafter, to the extent of actual beneficial use thereof; or
(3) The dry-draw owner filed a location notice and constructed or was in the process of constructing the dry-draw structure on December 31, 1982, provided that the works were completed and water actually applied to beneficial use within a reasonable time to the extent of actual beneficial use.

Water Rights - Groundwater and Wells: SDCL 46-6-1 The term "vested rights" used in this chapter, unless the context otherwise plainly requires, shall mean:
a. Beneficial uses of groundwater under diversion and applications of water prior to February 28, 1955.
b. The right to take and use groundwater for beneficial purposes where an owner or lawful agent was engaged in the construction of works for the actual application of water to a beneficial use on February 28, 1955, provided such works shall be completed and water is actually applied for such use within a reasonable time thereafter.

Go to top
W

Wastewater system components.
Water Rights – Well Construction Standards: ARSD 74:02:04:20 Septic tank, aerobic system, vault privy, holding tank, sewer lines of tightly jointed tile or equivalent material, or nonconventional systems described or defined by chapter 74:03:01.

Water/cement ratio.
Water Rights – Well Construction Standards: ARSD 74:02:04:20 The gallons of mixing water used for each sack of cement.

Water distribution system.
Water Rights: SDCL 46-1-6 A system of piping, valves, storage tanks, pumps, and appurtenances by which water is conveyed for domestic or municipal use by a common distribution system, including a municipality as defined in 9-1-1, a nonprofit rural water supply company as defined in 10-36A-1, a water user district as defined in 46A-9-2, a sanitary district as defined in chapter 34A-5, or homes, including mobile homes as defined in 32-3-1 and manufactured homes as defined in 34-34A-1.1 supplied by a common distribution system.

Water hammer.
Water Rights – Well Construction Standards: ARSD 74:02:04:20 A momentary increase in flow or a positive surge in pressure that passes lengthwise along a pipe, usually due to sudden changes in velocity or quantity of fluid in the pipe. NOTE: Water hammer in a flowing well can occur when a valve is closed rapidly, causing the moving column of water in the well to suddenly slow or stop. The faster the water column is slowed and stopped, the greater the stress or pressure on the casing, joints, and packers and the greater the disturbance of unstable formation materials near the drill hole.

Water hammer arresters.
Water Rights – Well Construction Standards: ARSD 74:02:04:20 Engineered mechanical devices having a cushion of air or gas permanently sealed in the unit, designed to provide continuous protection, without maintenance, against water hammer or excessive water surge pressure.

Water license.
A legal document issued to the holder of a water right permit following an on-site investigation of the water use project. A water license documents the extent to the which water has been placed to beneficial use.

Water Management Board
A seven member citizen's board appointed by the Governor representing various segments of the public in water resource-related matters – SDCL Chapter 1-40.

Water right.
A water appropriation for which a water license has been issued.

Water right permit.
A legal document issued to the holder of an approved application to appropriate water. A water right permit includes a description of the approved water appropriation, time frame to complete construction of works and application of water to beneficial use, and other qualifications regarding use of the water.

Water shortage.
Water Rights – Regulation of Groundwater Use: ARSD 74:02:05:01 The lessened water supply conditions existing in an aquifer during a period of substantially less than average annual recharge.

Water table aquifer.
Water Rights – Well Construction Standards: ARSD 74:02:04:20 An unconfined aquifer.

>Weather modification.
Weather Modification: SDCL 46-3A-1 The term "weather modification" means performing any activity with the intention of producing artificial changes in the composition, behavior, or dynamics of the atmosphere.

Well.
Water Rights: SDCL 46-1-6 An artificial excavation or opening in the ground, made by means of digging, boring, drilling, jetting, or by any other artificial method, for the purpose of obtaining groundwater. Any series of openings, borings, or drillings developed and pumped collectively by a single pump unit shall be considered as one well.

Well driller.
Water Rights: SDCL 46-1-6 Any person or persons engaged in the commercial drilling or construction, redrilling, and rebuilding of wells in this state.

Well rehabilitation
Water Rights – Well Construction Standards: ARSD 74:02:04:20 Restoration of a well to beneficial use by recasing, rebuilding, repairing, and resealing the well to provide for continued use of the well as a water supply, but not cleaning, acidizing, pump removal, or pump repair by itself.

Well screen.
Water Rights – Well Construction Standards: ARSD 74:02:04:20 The intake structure of a well which allows water to enter the well and which helps prevent formation material from entering with the water.