SOUTH DAKOTA Department of
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Water Rights

CHAPTER 34A-2A
CHEMIGATION


Section
34A-2A-1. Definition of terms.
34A-2A-2. Use of irrigation system for chemigation - Compliance with standards and requirements - Penalties for violation.
34A-2A-3. Promulgation of rules regarding standards and requirements.
34A-2A-4. Entry by chief engineer to determine compliance.
34A-2A-5. Repealed.

34A-2A-1. Definition of terms. Terms used in §§ 34A-2A-1 to 34A-2A-5, inclusive, mean:

34A-2A-2. Use of irrigation system for chemigation - Compliance with standards and requirements - Penalties for violation. Any person who uses an irrigation system for chemigation who fails to comply with the standards and requirements established pursuant to § 34A-2A-3 is guilty of a Class 2 misdemeanor. In addition, a civil fine of not more than five hundred dollars may be imposed for the violation. Each day of noncompliance is a separate violation. In addition, the water management board may suspend or cancel any water permit or license pursuant to § 46A-1-12.

34A-2A-3. Promulgation of rules regarding standards and requirements. The water management board, with the assistance of the chief engineer, shall establish, by rules promulgated pursuant to chapter 1-26:

The requirements and standards established pursuant to this section may provide for additional protection if chemigation involves the application of a pesticide, rather than a fertilizer.

34A-2A-4. Entry by chief engineer to determine compliance. The chief engineer may enter upon the land of a person as provided in § 46-2-19 for the purpose of determining whether such person is in compliance with the provisions of §§ 34A-2A-1 to 34A-2A-5, inclusive, and any rules promulgated pursuant to §§ 34A-2A-1 to 34A-2A-5, inclusive.

34A-2A-5. Penalties for violation. Repealed by SL 1992, ch 158, § 36.

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