HB 1103

 26.484.9  101st Legislative Session  1103
                                          2026 South Dakota Legislature
                                                  House Bill 1103
 Introduced by: Representative Odenbach
1 An Act to require that annual withdrawal of groundwater from any groundwater
2source may not exceed the annual recharge of water to the groundwater
3source.
4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
5 Section 1. That § 46-6-3.1 be AMENDED:
646-6-3.1. No application to appropriate groundwater may be approved if,
7    according to the best information reasonably available, it is probable that the quantity of
8    water withdrawn annually from a groundwater source will exceed the quantity of the
9    average estimated annual recharge of water to the groundwater source. An application
10    may be approved, however, for withdrawals of groundwater from any groundwater
11    formation older than or stratigraphically lower than the greenhorn formation in excess of
12    the average estimated annual recharge for use by water distribution systems.
                                                                             Underscores indicate new language.
                                                                           Overstrikes indicate deleted language.