ARSD Article 74:51 — SURFACE WATER QUALITY

AGRICULTURE & NATURAL RESOURCES AGRICULTURE & NATURAL RESOURCES

Chapter 74:51:01 Surface water quality standards

ARSD 74:51:01:01 Definitions. Terms defined in SDCL 34A-2-2, have the same meaning when used in chapters 74:51:01 to 74:51:03, inclusive. Terms that are not defined must be construed in conformance with the context and in relation to the applicable section of the standards or the statute concerned. Terms used in chapters 74:51:01 to 74:51:03, inclusive, mean: (1) "Attainable beneficial uses," those beneficial uses that can be achieved by the imposition of effluent limits required under §§ 74:51:01:07, 74:51:01:08, and 74:51:01:17 to 74:51:01:21, inclusive, and cost-effective and reasonable best management practices for nonpoint source control; (2) "Aquatic life," an organism dependent on the water environment to either propagate or survive, or both; (3) "Aquatic community," an association of interacting populations and stages of aquatic life in a given water body or habitat; (4) "Best management practices," schedules of activities, prohibitions of practice, maintenance procedures, and other management practices to prevent or reduce the pollution of surface waters of the state on a voluntary basis, including treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, sludge, waste disposal, or drainage from raw material storage; (5) "Bioaccumulative pollutants," pollutants that are taken up, retained, or accumulated in the bodies of organisms and are transferred by ingestion, in increasing concentrations in the predator organisms, to the point that one or more organisms in the food chain suffer significant harm; (6) "Bioassay," a procedure in which the responses of organisms are used to detect or measure the presence or effect of one or more substances, wastes, effluents, or environmental factors, alone or in combination; (7) "Biochemical oxygen demand," a standardized laboratory test used to determine the relative oxygen requirements of waters and wastewaters; (8) "Biological integrity," the ability to support and maintain a balanced, integrated, adaptive community of organisms having a species composition, diversity, and functional organization comparable to that of the natural habitat of the region; (9) "Black Hills Trout Management Area," all the waters in the Black Hills within the following boundary: from the South Dakota-Wyoming state line and the Redwater River (inclusive) to U.S. Highway 85, then south on U.S. Highway 85 to I-90, then southeast on I-90 to U.S. Highway 16T (16B in Rapid City), then south on U.S. Highway 16T to S.D. Highway 79, then south on S.D. Highway 79 to Maverick Junction, then west on Highway 18 to Edgemont, then northwest along the Burlington Northern Railroad to the South Dakota-Wyoming state line, then north along the state line to the point of the beginning; (10) "Board," Water Management Board; (11) "Coldwater marginal fish life propagation," a beneficial use assigned to surface waters of the state that support aquatic life and are suitable for stocked catchable-size coldwater fish during portions of the year, but which, because of critical natural conditions including low flows, siltation, or warm temperatures, are not suitable for a permanent coldwater fish population. Warmwater fish may also be present; (12) "Coldwater permanent fish life propagation," a beneficial use assigned to surface waters of the state that are capable of supporting aquatic life and are suitable for supporting a permanent population of coldwater fish from natural reproduction or fingerling stocking. Warmwater fish may also be present; (13) "Commerce and industry," a beneficial use assigned to surface waters of the state that are suitable for use as cooling water, industrial process water, navigation, and production of hydroelectric power; (14) "Criterion," a designated concentration of a substance, measure of a physical factor, or narrative statement that, when not exceeded, will protect an organism, a biological community, or a prescribed beneficial use or water quality; (15) "Designated beneficial uses," those beneficial uses specified in chapters 74:51:02 and 74:51:03 for each water body or segment, whether or not they are being attained; (16) "Domestic water supply," a beneficial use assigned to surface waters of the state that are suitable for human consumption, culinary or food processing purposes, and other household purposes after suitable conventional treatment; (17) "Epilimnion," the upper stratum of a water column, in a thermally-stratified waterbody; (18) "Existing beneficial uses," uses actually attained in surface waters of the state on March 27, 1973, whether or not they are so designated; (19) "Fish and wildlife propagation, recreation, and stock watering," a beneficial use classification assigned to all surface waters of the state that: (a) May support recreation, in and on the water, and fish and aquatic life, when sufficient quantities of water are present for sufficient duration to support those uses; (b) Provide habitat for aquatic and semiaquatic wild animals and fowl; (c) Provide natural food chain maintenance; and (d) Are of suitable quality for watering domestic and wild animals; (20) "Geometric mean," the nth root of a product of n factors; (21) "Handbook 69," Maximum Permissible Body Burdens and Maximum Permissible Concentrations of Radionuclides in Air and in Water for Occupational Exposure, recommendations of the National Committee on Radiation Protection, National Bureau of Standards Handbook 69, (August 1963); (22) "Immersion recreation," a beneficial use assigned to surface waters of the state that are suitable for uses where the human body may come in direct contact with the water, to the point of complete submersion, and where water may be accidentally ingested or where certain sensitive organs such as the eyes, ears, and nose may be exposed to water; (23) "Impact," a man-induced change in the chemical, physical, or biological quality or condition of surface waters of the state; (24) "Impairment," a detrimental effect on the aquatic community caused by an impact that prevents attainment of the designated use; (25) "Irrigation," a beneficial use assigned to surface waters of the state that are suitable for irrigating farm lands, ranch lands, gardens, and recreational areas; (26) "Lake," a pond, reservoir, or other body of water, created by either natural or artificial means, but not a pond or appurtenance that is used for the treatment and disposal of wastes and that is permitted for such uses; (27) "Limited-contact recreation," a beneficial use assigned to surface waters of the state that are suitable for boating, fishing, and other water-related recreation, other than immersion recreation, where a person's water contact is limited to the extent that infections of the eyes, ears, respiratory or digestive systems, or urogenital areas are normally avoided; (28) "Metalimnion," the middle layer of a water column, in a thermally stratified waterbody; (29) "µg/L," micrograms per liter, a measure of concentration; (30) "mg/L," milligrams per liter, a measure of concentration; (31) "micromhos/cm," micromhos per centimeter, a measure of electrical conductivity; (32) "Nonpoint source," a source of pollution that is not defined as a point source; (33) "Parameter," a chemical, physical, or biological characteristic that affects the use of surface waters of the state; (34) "pCi/L," picocuries per liter, a measure of radioactive concentration; (35) "Segment," a continuous stretch of water found between two points in the bed of a stream; (36) "Sodium adsorption ratio," a calculated value that evaluates the sodium hazard of irrigation water based on the Gapon equation and expressed by the mathematical expression: Sodium Adsorption Ratio = where Na+, Ca+2, and Mg+2 are expressed as milliequivalents per liter; (37) "Spawning bed," a place where fish spawn; (38) "Stream," a river, creek, tributary, or other watercourse; (39) "Surface waters of the state," lakes, ponds, streams, rivers, wetlands, and any other body or accumulation of water on the land surface that is considered to be waters of the state, but not waste treatment systems, including treatment ponds, lagoons, leachate collection ponds, or stormwater retention ponds designed to meet the requirements under § 402 or § 404 of the Federal Water Pollution Control Act as amended to February 4, 1987; (40) "Thermocline," the depth range characterized by a rapid change in temperature with depth, in a thermally stratified waterbody; (41) "Thirty-day average," the arithmetic mean of a minimum of three consecutive grab or composite samples taken on separate weeks in a 30-day period; (42) "Toxic pollutant," a pollutant or combination of pollutants, including disease-causing agents, which, upon exposure, ingestion, inhalation, or assimilation into an organism, either directly from the environment or indirectly by ingestion through food chains, may cause death, disease, behavioral abnormality, cancer, genetic mutation, physiological malfunctions including reproductive malfunction, or physical deformity, in an organism or its offspring; (43) "Warmwater marginal fish life propagation," a beneficial use assigned to surface waters of the state that will support aquatic life and more tolerant species of warmwater fish naturally or by frequent stocking and intensive management but which suffer frequent fish kills because of critical natural conditions; (44) "Warmwater permanent fish life propagation," a beneficial use assigned to surface waters of the state that support aquatic life and are suitable for the permanent propagation or maintenance, or both, of warmwater fish. Stocked coldwater fish may also be present; (45) "Warmwater semipermanent fish life propagation waters," a beneficial use assigned to surface waters of the state that support aquatic life and are suitable for the propagation or maintenance, or both, of warmwater fish, but which may suffer occasional fish kills because of critical natural conditions; (46) "Weekly average temperature," the mathematical mean of multiple, equally spaced daily temperature measurements over a seven-day consecutive period, with a minimum of three data points equally spaced throughout each day; (47) "Wetlands," those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas; (48) "Zone of mixing," an area in a stream where an effluent or discharge mixes with the upstream water. Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; 5 SDR 21, effective September 21, 1978; transferred from § 34:04:02:01, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 86, effective December 24, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:02:01, July 1, 1996; 24 SDR 10, effective July 20, 1997; 25 SDR 98, effective January 27, 1999; 31 SDR 29, effective September 13, 2004; 35 SDR 253, effective May 12, 2009; 41 SDR 109, effective January 12, 2015; 49 SDR 96, effective May 14, 2023. General Authority: SDCL 34A-2-93. Law Implemented: SDCL 34A-2-11

Definitions. Terms defined in SDCL 34A-2-2, have the same meaning when used in chapters 74:51:01 to 74:51:03, inclusive. Terms that are not defined must be construed in conformance with the context and in relation to the applicable section of the standards or the statute concerned. Terms used in chapters 74:51:01 to 74:51:03, inclusive, mean:

(1) "Attainable beneficial uses," those beneficial uses that can be achieved by the imposition of effluent limits required under §§ 74:51:01:07, 74:51:01:08, and 74:51:01:17 to 74:51:01:21, inclusive, and cost-effective and reasonable best management practices for nonpoint source control;

(2) "Aquatic life," an organism dependent on the water environment to either propagate or survive, or both;

(3) "Aquatic community," an association of interacting populations and stages of aquatic life in a given water body or habitat;

(4) "Best management practices," schedules of activities, prohibitions of practice, maintenance procedures, and other management practices to prevent or reduce the pollution of surface waters of the state on a voluntary basis, including treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, sludge, waste disposal, or drainage from raw material storage;

(5) "Bioaccumulative pollutants," pollutants that are taken up, retained, or accumulated in the bodies of organisms and are transferred by ingestion, in increasing concentrations in the predator organisms, to the point that one or more organisms in the food chain suffer significant harm;

(6) "Bioassay," a procedure in which the responses of organisms are used to detect or measure the presence or effect of one or more substances, wastes, effluents, or environmental factors, alone or in combination;

(7) "Biochemical oxygen demand," a standardized laboratory test used to determine the relative oxygen requirements of waters and wastewaters;

(8) "Biological integrity," the ability to support and maintain a balanced, integrated, adaptive community of organisms having a species composition, diversity, and functional organization comparable to that of the natural habitat of the region;

(9) "Black Hills Trout Management Area," all the waters in the Black Hills within the following boundary: from the South Dakota-Wyoming state line and the Redwater River (inclusive) to U.S. Highway 85, then south on U.S. Highway 85 to I-90, then southeast on I-90 to U.S. Highway 16T (16B in Rapid City), then south on U.S. Highway 16T to S.D. Highway 79, then south on S.D. Highway 79 to Maverick Junction, then west on Highway 18 to Edgemont, then northwest along the Burlington Northern Railroad to the South Dakota-Wyoming state line, then north along the state line to the point of the beginning;

(10) "Board," Water Management Board;

(11) "Coldwater marginal fish life propagation," a beneficial use assigned to surface waters of the state that support aquatic life and are suitable for stocked catchable-size coldwater fish during portions of the year, but which, because of critical natural conditions including low flows, siltation, or warm temperatures, are not suitable for a permanent coldwater fish population. Warmwater fish may also be present;

(12) "Coldwater permanent fish life propagation," a beneficial use assigned to surface waters of the state that are capable of supporting aquatic life and are suitable for supporting a permanent population of coldwater fish from natural reproduction or fingerling stocking. Warmwater fish may also be present;

(13) "Commerce and industry," a beneficial use assigned to surface waters of the state that are suitable for use as cooling water, industrial process water, navigation, and production of hydroelectric power;

(14) "Criterion," a designated concentration of a substance, measure of a physical factor, or narrative statement that, when not exceeded, will protect an organism, a biological community, or a prescribed beneficial use or water quality;

(15) "Designated beneficial uses," those beneficial uses specified in chapters 74:51:02 and 74:51:03 for each water body or segment, whether or not they are being attained;

(16) "Domestic water supply," a beneficial use assigned to surface waters of the state that are suitable for human consumption, culinary or food processing purposes, and other household purposes after suitable conventional treatment;

(17) "Epilimnion," the upper stratum of a water column, in a thermally-stratified waterbody;

(18) "Existing beneficial uses," uses actually attained in surface waters of the state on March 27, 1973, whether or not they are so designated;

(19) "Fish and wildlife propagation, recreation, and stock watering," a beneficial use classification assigned to all surface waters of the state that:

(a) May support recreation, in and on the water, and fish and aquatic life, when sufficient quantities of water are present for sufficient duration to support those uses;

(b) Provide habitat for aquatic and semiaquatic wild animals and fowl;

(d) Are of suitable quality for watering domestic and wild animals;

(20) "Geometric mean," the nth root of a product of n factors;

(21) "Handbook 69," Maximum Permissible Body Burdens and Maximum Permissible Concentrations of Radionuclides in Air and in Water for Occupational Exposure, recommendations of the National Committee on Radiation Protection, National Bureau of Standards Handbook 69, (August 1963);

(22) "Immersion recreation," a beneficial use assigned to surface waters of the state that are suitable for uses where the human body may come in direct contact with the water, to the point of complete submersion, and where water may be accidentally ingested or where certain sensitive organs such as the eyes, ears, and nose may be exposed to water;

(23) "Impact," a man-induced change in the chemical, physical, or biological quality or condition of surface waters of the state;

(24) "Impairment," a detrimental effect on the aquatic community caused by an impact that prevents attainment of the designated use;

(25) "Irrigation," a beneficial use assigned to surface waters of the state that are suitable for irrigating farm lands, ranch lands, gardens, and recreational areas;

(26) "Lake," a pond, reservoir, or other body of water, created by either natural or artificial means, but not a pond or appurtenance that is used for the treatment and disposal of wastes and that is permitted for such uses;

(27) "Limited-contact recreation," a beneficial use assigned to surface waters of the state that are suitable for boating, fishing, and other water-related recreation, other than immersion recreation, where a person's water contact is limited to the extent that infections of the eyes, ears, respiratory or digestive systems, or urogenital areas are normally avoided;

(28) "Metalimnion," the middle layer of a water column, in a thermally stratified waterbody;

(29) "µg/L," micrograms per liter, a measure of concentration;

(30) "mg/L," milligrams per liter, a measure of concentration;

(31) "micromhos/cm," micromhos per centimeter, a measure of electrical conductivity;

(32) "Nonpoint source," a source of pollution that is not defined as a point source;

(33) "Parameter," a chemical, physical, or biological characteristic that affects the use of surface waters of the state;

(34) "pCi/L," picocuries per liter, a measure of radioactive concentration;

(35) "Segment," a continuous stretch of water found between two points in the bed of a stream;

(36) "Sodium adsorption ratio," a calculated value that evaluates the sodium hazard of irrigation water based on the Gapon equation and expressed by the mathematical expression:

Sodium Adsorption Ratio =

where Na⁺, Ca⁺², and Mg⁺² are expressed as milliequivalents per liter;

(37) "Spawning bed," a place where fish spawn;

(38) "Stream," a river, creek, tributary, or other watercourse;

(39) "Surface waters of the state," lakes, ponds, streams, rivers, wetlands, and any other body or accumulation of water on the land surface that is considered to be waters of the state, but not waste treatment systems, including treatment ponds, lagoons, leachate collection ponds, or stormwater retention ponds designed to meet the requirements under § 402 or § 404 of the Federal Water Pollution Control Act as amended to February 4, 1987;

(40) "Thermocline," the depth range characterized by a rapid change in temperature with depth, in a thermally stratified waterbody;

(41) "Thirty-day average," the arithmetic mean of a minimum of three consecutive grab or composite samples taken on separate weeks in a 30-day period;

(42) "Toxic pollutant," a pollutant or combination of pollutants, including disease-causing agents, which, upon exposure, ingestion, inhalation, or assimilation into an organism, either directly from the environment or indirectly by ingestion through food chains, may cause death, disease, behavioral abnormality, cancer, genetic mutation, physiological malfunctions including reproductive malfunction, or physical deformity, in an organism or its offspring;

(43) "Warmwater marginal fish life propagation," a beneficial use assigned to surface waters of the state that will support aquatic life and more tolerant species of warmwater fish naturally or by frequent stocking and intensive management but which suffer frequent fish kills because of critical natural conditions;

(44) "Warmwater permanent fish life propagation," a beneficial use assigned to surface waters of the state that support aquatic life and are suitable for the permanent propagation or maintenance, or both, of warmwater fish. Stocked coldwater fish may also be present;

(45) "Warmwater semipermanent fish life propagation waters," a beneficial use assigned to surface waters of the state that support aquatic life and are suitable for the propagation or maintenance, or both, of warmwater fish, but which may suffer occasional fish kills because of critical natural conditions;

(46) "Weekly average temperature," the mathematical mean of multiple, equally spaced daily temperature measurements over a seven-day consecutive period, with a minimum of three data points equally spaced throughout each day;

(47) "Wetlands," those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas;

(48) "Zone of mixing," an area in a stream where an effluent or discharge mixes with the upstream water.

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; 5 SDR 21, effective September 21, 1978; transferred from § 34:04:02:01, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 86, effective December 24, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:02:01, July 1, 1996; 24 SDR 10, effective July 20, 1997; 25 SDR 98, effective January 27, 1999; 31 SDR 29, effective September 13, 2004; 35 SDR 253, effective May 12, 2009; 41 SDR 109, effective January 12, 2015; 49 SDR 96, effective May 14, 2023.
General Authority: SDCL 34A-2-93.
Law Implemented: SDCL 34A-2-11.

ARSD 74:51:01:02 Compliance with criteria for beneficial use

A person may not discharge or cause to be discharged into surface waters of the state pollutants which cause the receiving water to fail to meet the criteria for its existing or designated beneficial use or uses.

History

Source: SL 1975, ch 16, § 1; transferred from § 34:04:02:02, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:02:02, July 1, 1996; 25 SDR 98, effective January 27, 1999.
General Authority: SDCL 34A-2-11, 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.

ARSD 74:51:01:02.01 Beneficial use analysis required

Before renewing an existing or issuing a new individual surface water discharge permit under article 74:52, the secretary shall conduct an analysis of the water body that receives, or is proposed to receive, the discharge. This analysis is required for those water bodies that only have the fishery beneficial use classification of fish and wildlife propagation, recreation, and stock watering waters. Upon completion of the analysis, the secretary shall determine whether the water body deserves a higher classification as listed in §§ 74:51:01:45 through 74:51:01:51, inclusive, based on the attainable use or uses identified during the analysis. If the secretary determines that a higher classification is warranted, the secretary shall include water quality-based limits in the renewed or new permit that are necessary to protect the attainable beneficial use as determined by the analysis. A review is required for any affected surface water discharge permit issued after March 31, 1999.

History

Source: 25 SDR 98, effective January 27, 1999; 31 SDR 29, effective September 13, 2004; 47 SDR 110, effective April 27, 2021.
General Authority: SDCL 34A-2-10, 34A-2-11, 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11, 34A-2-93.

ARSD 74:51:01:03 Restrictions for water with dual classifications

If waters have more than one designated beneficial use and criteria are established for a parameter that is common to two or more uses, such as coliform organisms or pH, the more restrictive criterion for the common parameter applies.

History

Source: SL 1975, ch 16, § 1; transferred from § 34:04:02:03, effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:02:03, July 1, 1996.
General Authority: SDCL 34A-2-11, 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.

ARSD 74:51:01:04 Application of criterion to contiguous water

If pollutants are discharged into a segment and the criteria for that segment's designated beneficial use are not exceeded, but the waters flow into another segment whose designated beneficial use requires a more stringent parameter criterion, the pollutants may not cause the more stringent criterion to be exceeded.

History

Source: SL 1975, ch 16, § 1; transferred from § 34:04:02:04, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:02:04, July 1, 1996.
General Authority: SDCL 34A-2-11, 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.

ARSD 74:51:01:05 Materials causing pollutants to form in waters

Wastes discharged into surface waters of the state may not contain a parameter which violates the criterion for the waters' existing or designated beneficial use or impairs the aquatic community as it naturally occurs. Where the interaction of materials in the wastes and the waters causes the existence of such a parameter, the material is considered a pollutant and the discharge of such pollutants may not cause the criterion for this parameter to be violated or cause impairment to the aquatic community.

History

Source: SL 1975, ch 16, § 1; transferred from § 34:04:02:11, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 86, effective December 24, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:02:11, July 1, 1996; 25 SDR 98, effective January 27, 1999.
General Authority: SDCL 34A-2-11, 34A-2-93.
Law Implemented: SDCL 34A-2-7, 34A-2-11, 34A-2-21.

ARSD 74:51:01:06 Visible pollutants prohibited

Raw or treated sewage, garbage, rubble, unpermitted fill materials, municipal wastes, industrial wastes, or agricultural wastes which produce floating solids, scum, oil slicks, material discoloration, visible gassing, sludge deposits, sediments, slimes, algal blooms, fungus growths, or other offensive effects may not be discharged or caused to be discharged into surface waters of the state.

History

Source: SL 1975, ch 16, § 1; transferred from § 34:04:02:13, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:02:13, July 1, 1996.
General Authority: SDCL 34A-2-11, 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.

ARSD 74:51:01:07 Acids and alkalis

No materials may be discharged or caused to be discharged which affect the pH of the receiving waters by more than 0.5 pH unit. This does not apply to pH fluctuations of more than 0.5 pH unit contributable to natural influences.

History

Source: SL 1975, ch 16, § 1; transferred from § 34:04:02:25, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:02:25, July 1, 1996.
General Authority: SDCL 34A-2-11, 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.

ARSD 74:51:01:08 Taste- and odor-producing materials

Materials which will impart undesirable tastes or undesirable odors to the receiving water may not be discharged or caused to be discharged into surface waters of the state in concentrations that impair a beneficial use.

History

Source: SL 1975, ch 16, § 1; transferred from § 34:04:02:26, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 41, effective July 1, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:02:26, July 1, 1996.
General Authority: SDCL 34A-2-11, 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.

ARSD 74:51:01:09 Nuisance aquatic life

Materials which produce nuisance aquatic life may not be discharged or caused to be discharged into surface waters of the state in concentrations that impair an existing or designated beneficial use or create a human health problem.

History

Source: SL 1975, ch 16, § 1; transferred from § 34:04:02:27, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:02:27, July 1, 1996; 31 SDR 29, effective September 13, 2004.
General Authority: SDCL 34A-2-11, 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.

ARSD 74:51:01:10 Petroleum products

A discharge of insoluble materials of petroleum derivation that imparts a visible film or sheen to the surface of the water or the adjoining shorelines is prohibited.

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:02:29, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:02:29, July 1, 1996; 24 SDR 10, effective July 20, 1997.
General Authority: SDCL 34A-2-11, 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34-2-11.

ARSD 74:51:01:11 Protection of wetlands as waters of the state

Wetlands are waters of the state and are allowed protection under the provisions of this chapter. The discharge of pollutants from any source, including indiscriminate use of fill material, may not cause destruction or impairment of wetlands except where authorized under § 402 or § 404 of the Federal Water Pollution Control Act as amended to February 4, 1987, or under 40 C.F.R. Parts 257 and 258, Solid Waste Disposal Facility Criteria; Final Rule, as amended to July 1, 1996. The provisions of §§ 74:51:01:06 to 74:51:01:10, inclusive, 74:51:01:12, 74:51:01:34 to 74:51:01:39, inclusive, 74:51:01:52, and 74:51:01:63 to 74:51:01:65, inclusive, apply to all wetlands. In addition, the department shall evaluate wetlands to determine the applicability of such wetlands to the toxic pollutant standards provided in § 74:51:01:55 and Appendix B at the end of this chapter.

Cross-Reference: Criteria for toxic pollutants, § 74:51:01:55.

History

Source: 19 SDR 111, effective January 31, 1993; transferred from § 74:03:02:58, July 1, 1996; 24 SDR 10, effective July 20, 1997.
General Authority: SDCL 34A-2-11, 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11, 34A-2-21.

ARSD 74:51:01:12 Biological integrity of waters

All waters of the state must be free from substances, whether attributable to human-induced point source discharges or nonpoint source activities, in concentrations or combinations which will adversely impact the structure and function of indigenous or intentionally introduced aquatic communities.

Cross-Reference: Introduction of nonnative fish into state waters prohibited, § 41:07:01:11.

History

Source: 19 SDR 111, effective January 31, 1993; transferred from § 74:03:02:59, July 1, 1996.
General Authority: SDCL 34A-2-11, 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.

ARSD 74:51:01:13 Total dissolved gas pressure

In waters protected as coldwater fisheries, discharges from impoundments or other sources may not cause the total dissolved gas pressure to exceed 110 percent of the saturation value.

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:02:28, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:03:02:28, July 1, 1996.
General Authority: SDCL 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.

ARSD 74:51:01:14 Radioactive iodine, radium, strontium, and tritium concentrations established

The average dissolved concentrations including the naturally occurring or background concentrations of iodine-131, radium-226, strontium-89, strontium-90, and tritium may not exceed the following concentration limits: iodine-131, 5 pCi/L; radium-226, 5 pCi/L; strontium-89, 100 pCi/L; strontium-90, 10 pCi/L; and tritium, 300 pCi/L.

History

Source: SL 1975, ch 16, § 1; transferred from § 34:04:02:17, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective, July 1, 1987; 14 SDR 86, effective December 24, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:02:17, July 1, 1996.
General Authority: SDCL 34A-2-11, 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.

ARSD 74:51:01:15 Concentrations established for miscellaneous radionuclides

For all radionuclides not listed in § 74:51:01:14, the average dissolved concentration limits in surface waters of the state are 1/150 of the corresponding maximum permissible concentration in water for continuous occupational exposure for a 168-hour week as contained in pages 24 to 91, inclusive, of Handbook 69.

Reference: Handbook 69, Maximum Permissible Body Burdens and Maximum Permissible Concentrations of Radionuclides in Air and in Water for Occupational Exposure , issued June 5, 1959, amended August 1963, AFP 160-6-7, 101 pages, U.S. Department of Commerce, National Bureau of Standards. This document is available from the Hilton M. Briggs Library, South Dakota State University, Brookings, SD 57007-1098. The Call Number for this document is C13.11:69. The document may be borrowed from the library or copied at the library at $0.05 per page. The document can be scanned for free. It is also available online at:

https://www.osti.gov/etdeweb/servlets/purl/20738430.

History

Source: SL 1975, ch 16, § 1; transferred from § 34:04:02:18, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:02:18, July 1, 1996; 31 SDR 29, effective September 13, 2004; 47 SDR 110, effective April 27, 2021.
General Authority: SDCL 34A-2-10, 34A-2-11, 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.

ARSD 74:51:01:16 Measuring mixtures of radionuclides

Where there is mixture of dissolved radionuclides in surface waters of the state, the following relationship must be satisfied:

with C denoting the average concentration of the respective radionuclide and L denoting its concentration limit established in § 74:51:01:14 or 74:51:01:15.

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:02:19, effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 86, effective December 24, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:02:19, July 1, 1996.
General Authority: SDCL 34A-2-11, 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.

ARSD 74:51:01:17 Analysis for dissolved gross beta radioactivity

Where alpha emitters, strontium-90, radium-228, iodine-129, iodine-130, and lead-210 are known to be a negligibly small fraction of the specific concentration limit in surface waters of the state, analyses for dissolved gross beta radioactivity, excluding any potassium-40 contribution, may be employed to monitor and show compliance with §§ 74:51:01:14 to 74:51:01:16, inclusive, except for tritium, if the gross concentration does not exceed 100 pCi/L. If these conditions are not met, quantitative analyses of individual radionuclides shall be performed to show compliance. Except in cases where tritium from other than natural sources are known to be absent, tritium analyses shall be performed to show compliance.

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:02:20, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:02:20, July 1, 1996; 31 SDR 29, effective September 13, 2004.
General Authority: SDCL 34A-2-11, 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.

ARSD 74:51:01:18 Suspended radionuclides

For radionuclides associated with suspended materials in the water, the average concentration limits are 1/150 of the corresponding maximum permissible concentration in water (insoluble form) for continuous occupational exposure for a 168-hour week as contained in pages 24 to 91, inclusive, of Handbook 69. Instream sedimentation of those materials may not produce solids beds and result in noncompliance, because of leaching, with the provisions of §§ 74:51:01:14 through 74:51:01:16.

Reference: Handbook 69, Maximum Permissible Body Burdens and Maximum Permissible Concentrations of Radionuclides in Air and in Water for Occupational Exposure , issued June 5, 1959, amended August 1963, AFP 160-6-7, 101 pages, is published by the U.S. Department of Commerce, National Bureau of Standards. This document is available from the Hilton M. Briggs Library, South Dakota State University, Brookings, SD 57007-1098. The Call Number for this document is C13.11:69. The document may be borrowed from the library or copied at the library at $0.05 per page. The document can be scanned for free. It is also available at https://www.osti.gov/etdeweb/servlets/purl/20738430.

History

Source: SL 1975, ch 16, § 1; transferred from § 34:04:02:21, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 86, effective December 24, 1987; transferred from § 74:03:02:21, July 1, 1996; 31 SDR 29, effective September 13, 2004; 47 SDR 110, effective April 27, 2021.
General Authority: SDCL 34A-2-10, 34A-2-11, 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.

ARSD 74:51:01:19 Maximum concentration of radionuclides per sample

The maximum concentration for any one sample may not exceed three times the average concentration limits of radionuclides specified in §§ 74:51:01:14 to 74:51:01:18, inclusive.

History

Source: SL 1975, ch 16, § 1; transferred from § 34:04:02:22, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:03:02:22, July 1, 1996.
General Authority: SDCL 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.

ARSD 74:51:01:20 Calculation of average radionuclide concentrations

Average concentrations of radionuclides shall be computed from monitoring data acquired during the previous ten months and reported as a rolling average.

History

Source: SL 1975, ch 16, § 1; transferred from § 34:04:02:23, effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:02:23, July 1, 1996.
General Authority: SDCL 34A-2-11, 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.

ARSD 74:51:01:21 Variances from radioactive concentration criteria

Variances from concentration limits specified in §§ 74:51:01:14 through 74:51:01:19, inclusive, are permitted only if there is a natural, uncontrollable contributing source or sources of radionuclides; the best available treatment is provided for all man-made discharges; and the concentration of radionuclides to which humans could be exposed is within the dose limits established in pages 24 to 91, inclusive, of Handbook 69.

Reference: Handbook 69, Maximum Permissible Body Burdens and Maximum Permissible Concentrations of Radionuclides in Air and in Water for Occupational Exposure , issued June 5, 1959, amended August 1963, AFP 160-6-7, 101 pages, is published by the U.S. Department of Commerce, National Bureau of Standards. This document is available from the Hilton M. Briggs Library, South Dakota State University, Brookings, SD 57007-1098. The Call Number for this document is C13.11:69. The document may be borrowed from the library or copied at the library at $0.05 per page. The document can be scanned for free. It is also available at https://www.osti.gov/etdeweb/servlets/purl/20738430.

History

Source: SL 1975, ch 16, § 1; transferred from § 34:04:02:24, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 86, effective December 24, 1987; transferred from § 74:03:02:24, July 1, 1996; 31 SDR 29, effective September 13, 2004; 47 SDR 110, effective April 27, 2021.
General Authority: SDCL 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.

ARSD 74:51:01:22 Laboratory procedures for tests

Tests or analytical procedures to determine conformity with criteria must be made in accordance with methods approved or references listed in 40 C.F.R. Part 136 (July 1, 2020) unless other test procedures are required by the secretary.

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; 5 SDR 21, effective September 21, 1978; transferred from § 34:04:02:05, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 86, effective December 24, 1987; 19 SDR 111, effective January 11, 1993; transferred from § 74:03:02:05, July 1, 1996; 24 SDR 10, effective July 20, 1997; 31 SDR 29, effective September 13, 2004; 35 SDR 253, effective May 12, 2009; 41 SDR 109, effective January 12, 2015; 47 SDR 110, effective April 27, 2021.
General Authority: SDCL 34A-2-11, 34A-2-93.
Law Implemented: SDCL 34A-2-11, 34A-2-44.

ARSD 74:51:01:23 Bioassay methods

The toxicity of pollutants to aquatic life must be based on bioassays which determine concentrations of a substance that at a defined period of exposure are toxic to aquatic life. Toxicity tests must simulate expected receiving water conditions. Tests must be conducted according to test procedures approved or methods given in the references listed in 40 C.F.R. Part 136 (July 1, 2020).

The term, acute, means a stimulus severe enough to rapidly induce an effect. In aquatic toxicity tests, a deleterious response (e.g., mortality, disorientation, immobilization) to a stimulus observed in 96 hours or less is considered acute. When referring to aquatic toxicology or human health, an acute effect is not always measured in terms of lethality.

The term, chronic, means a stimulus of the lowest concentration of a constituent causing observable effects. In aquatic toxicity tests, observable effects may include lethality, reduced growth, or reduced reproduction.

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:02:06, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 86, effective December 24, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:02:06, July 1, 1996; 24 SDR 10, effective July 20, 1997; 35 SDR 253, effective May 12, 2009; 41 SDR 109, effective January 12, 2015; 47 SDR 110, effective April 27, 2021.
General Authority: SDCL 34A-2-10, 34A-2-11, 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.

ARSD 74:51:01:24 Modification of criteria for specific sites

Criteria established in §§ 74:51:01:31, 74:51:01:32, and 74:51:01:44 through 74:51:01:54, inclusive, and in § 74:51:01:56 may be modified to reflect local conditions through determination of site-specific criteria for toxic pollutants in a segment. Modification of criteria must incorporate analyses of physical, chemical, and biological conditions of the receiving waters to assure maintenance of the assigned beneficial use. Actual effluents or effluent simulations may be evaluated in a toxicity testing program conducted under environmental conditions similar to the discharge site in the receiving waters. Analytical procedures, calculation procedures used to measure or demonstrate the toxicological significance of a pollutant, and numerical criteria may be modified by the board after opportunity for public review and comment.

All data necessary to defend the proposed modification of criteria are the responsibility of the person or entity requesting the modification. Methods used to develop site-specific criteria must be approved by the secretary and shall include methods to evaluate effects of bioaccumulative pollutants where appropriate. The Water Quality Standards Handbook , 2017, may be used as guidance in developing methods.

Reference: Water Quality Standards Handbook , 2017, U.S. Environmental Protection Agency, Office of Water Regulations and Standards. Copies are available from the U.S. Environmental Protection Agency, Region VIII, Denver, Colorado 80203. There is no charge for this document. The document is also available at:

https://www.epa.gov/wqs-tech/water-quality-standards-handbook.

Cross-Reference: Antidegradation requirements, §§ 74:51:01:34 through 74:51:01:39, inclusive.

History

Source: SL 1975, ch 16, § 1; transferred from § 34:04:02:15, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 86, effective December 24, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:02:15, July 1, 1996; 24 SDR 10, effective July 20, 1997; 31 SDR 29, effective September 13, 2004; 47 SDR 110, effective April 27, 2021.
General Authority: SDCL 34A-2-10, 34A-2-11, 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.

ARSD 74:51:01:25 Notification to Environmental Protection Agency of criteria changes

The board shall notify the administrator of the Environmental Protection Agency before granting a variance from, changing, modifying, or otherwise altering criteria set forth in chapters 74:51:01 to 74:51:03, inclusive.

History

Source: SL 1975, ch 16, § 1; transferred from § 34:04:02:12, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:03:02:12, July 1, 1996; 31 SDR 29, effective September 13, 2004.
General Authority: SDCL 34A-2-93.
Law Implemented: SDCL 34A-2-7, 34A-2-11, 34A-2-17.

ARSD 74:51:01:25.01 Application of criteria to protect attainable beneficial use

If the secretary determines that a water body is supporting a higher existing beneficial use than is currently designated for that water body, the secretary may apply the criteria found in §§ 74:51:01:31, 74:51:01:32, and 74:51:01:44 to 74:51:01:55, inclusive, that are necessary to protect that higher attainable beneficial use. In any case, for all waters that remain Class 9 following analysis or which are designated as Class 9, the secretary may apply the provisions of § 74:51:01:55 in controlling the discharge or presence of pollutants which could reasonably be expected to interfere with the uses included in Class 9 and as necessary to support those uses.

History

Source: 25 SDR 98, effective January 27, 1999.
General Authority: SDCL 34A-2-10, 34A-2-11, 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11, 34A-2-93.

ARSD 74:51:01:26 Zone of mixing for wastewater discharges to flowing waters

A zone of mixing is allowed for the discharge of wastewater to a flowing water. Each properly treated wastewater discharge to a flowing water must meet the chronic criterion established for the designated beneficial uses of the receiving water at the edge of its zone of mixing. Concentrations of substances in the discharge must not cause the acute criterion established for the designated beneficial uses of the receiving water to be exceeded. The water quality criteria set forth in §§ 74:51:01:06, 74:51:01:08, 74:51:01:09, and 74:51:01:10 apply within the zone of mixing.

Cross-References: Laboratory procedures for tests, § 74:51:01:22; Criteria for toxic pollutants, § 74:51:01:55.

History

Source: SL 1975, ch 16, § 1; transferred from § 34:04:02:07, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 86, effective December 24, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:02:07, July 1, 1996; 24 SDR 10, effective July 20, 1997.
General Authority: SDCL 34A-2-11, 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.

ARSD 74:51:01:27 Lakes not allowed a zone of mixing

No zone of mixing is allowed for lakes. Discharges to lakes must meet the water quality standards at the point of discharge. No discharge of pollutants is allowed which reaches a lake classified for the beneficial use of coldwater permanent, coldwater marginal, warmwater permanent, warmwater semipermanent, or warmwater marginal fish life propagation or causes impairment of an assigned beneficial use.

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:02:08, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 86, effective December 24, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:02:08, July 1, 1996; 31 SDR 29, effective September 13, 2004.
General Authority: SDCL 34A-2-11, 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.

ARSD 74:51:01:28 Water quality-limited streams -- Compliance schedules allowed

Inclusion of schedules of compliance with water quality-based limits and requirements in permits is allowable only for existing discharges where a new or more stringent water quality standard or water quality-based effluent limit is applied. To ensure compliance with applicable water quality standards, schedules of compliance may contain interim limits and establish schedules and conditions by which compliance with final water quality-based effluent limits may be achieved. A date for final compliance is required to be as soon as possible based on reasonable, negotiated estimates of the time required to make the necessary changes (e.g., construction of additional treatment capacity) to the treatment facility. Facilities may also be required to evaluate the possibility of achieving water quality-based limits via nonconstruction changes (e.g., facility operation, best management practices, pollution prevention). Compliance schedules are subject to the certification requirements of §§ 74:51:01:63 to 74:51:01:65, inclusive, if the permit is issued by a federal authority. Compliance schedules may not be issued to a new discharge or a new source.

History

Source: 19 SDR 111, effective January 31, 1993; transferred from § 74:03:02:08.01, July 1, 1996; 24 SDR 10, effective July 20, 1997.
General Authority: SDCL 34A-2-11, 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.

ARSD 74:51:01:29 Flow rates for high quality fishery waters

A high-quality fishery water is defined as a stream classified for the beneficial use of coldwater permanent fish life propagation, coldwater marginal fish life propagation, or warmwater permanent fish life propagation. The design low flow for a high-quality fishery is the minimum 7-day average low flow that can be expected to occur once in every 25 years (7Q25). During these low flow periods, the water quality criteria set forth in §§ 74:51:01:45 to 74:51:01:47, inclusive, and in § 74:51:01:56 do not apply to the water but all surface water discharge permit limits remain in force.

History

Source: SL 1975, ch 16, § 1; transferred from § 34:04:02:09, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 86, effective December 24, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:02:09, July 1, 1996; 24 SDR 10, effective July 20, 1997; 31 SDR 29, effective September 13, 2004.
General Authority: SDCL 34A-2-11, 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11, 34A-2-31.

ARSD 74:51:01:30 Flow rates for low quality fishery and irrigation waters

A low-quality fishery water is defined as a stream classified for the beneficial use of warmwater semipermanent fish life propagation or warmwater marginal fish life propagation, or fish and wildlife propagation, recreation, and stock watering. The design low flow for a low-quality fishery or irrigation water is the minimum 7-day average low flow that can be expected to occur once in every five years (7Q5) or 1.0 cubic foot per second, whichever is greater. During these low flow periods, the water quality criteria set forth in §§ 74:51:01:48 and 74:51:01:49, inclusive, and §§ 74:51:01:52 and 74:51:01:53 do not apply to the water but all surface water discharge permit limits remain in force. If one cubic foot per second is greater than the flow expected to occur once every five years (7Q5), the toxic pollutant standards contained in Appendix B continue to apply to the water to the point where the flow in the stream drops to or below the 7Q5.

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:02:10, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 86, effective December 24, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:02:10, July 1, 1996; 24 SDR 10, effective July 20, 1997; 35 SDR 253, effective May 12, 2009.
General Authority: SDCL 34A-2-11, 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11, 34A-2-22.

ARSD 74:51:01:31 Temperature change in fish life propagation waters

There may be no induced temperature change over spawning beds. No discharge or discharges may affect the temperature by more than 4°F in streams classified for the beneficial use of coldwater permanent, coldwater marginal, or warmwater permanent fish life propagation; by more than 5°F in streams classified for the beneficial use of warmwater semipermanent or warmwater marginal fish life propagation; or by more than 3°F in lakes or impoundments classified for the beneficial use of fish life propagation. Exceptions to this criterion may be granted by the board if the discharge will not impair the designated beneficial use of fish life propagation. In addition, the maximum incremental temperature may not exceed 2°F per hour.

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:02:39, effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 86, effective December 24, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:02:39, July 1, 1996.
General Authority: SDCL 34A-2-11, 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.

ARSD 74:51:01:32 Effluent limits for discharges to coldwater fishery waters

Effluents discharged from water pollution control facilities into waters classified for the beneficial use of coldwater permanent fish life propagation and coldwater marginal fish life propagation must be of high quality. In order to protect these uses, the effluent may not exceed 10 mg/L of suspended solids and 10 mg/L of 5-day biochemical oxygen demand as a 30-day average. Neither pollution characteristic may exceed 17.5 mg/L in any one sample collected during the sampling period. Facilities that apply for a permit to discharge to the reach of the Missouri River from the Big Bend Dam to the North Dakota border are exempt from this section.

History

Source: SL 1975, ch 16, § 1; 2 SDR 36, effective November 17, 1975; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:02:45, effective July 1, 1979; 7 SDR 48, effective November 24, 1980; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 86, effective December 24, 1989; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:02:45, July 1, 1996; 35 SDR 253, effective May 12, 2009.
General Authority: SDCL 34A-2-11, 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11, 34A-2-13.

ARSD 74:51:01:33 Repealed

Exemption of stream segments from fish life propagation categories.** Repealed.

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:02:46, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:03:02:46, July 1, 1996; repealed, 24 SDR 10, effective July 20, 1997.

ARSD 74:51:01:34 Antidegradation of waters of the state

The antidegradation policy for this state is as follows:

(1) The existing beneficial uses of surface waters of the state and the level of water quality that is assigned by designated beneficial uses shall be maintained and protected;

(2) Surface waters of the state in which the existing water quality is better than the minimum levels prescribed by the designated beneficial use shall be maintained and protected at that higher quality level;

(3) The board, or secretary, may allow a lowering of the water quality to levels established under the designated beneficial use if it is necessary in order to accommodate important economic or social development in the area in which the waters are located;

(4) Surface waters of the state which do not meet the levels of water quality assigned to the designated beneficial use shall be improved as feasible to meet those levels;

(5) No further reduction of water quality may be allowed for surface waters of the state that do not meet the water quality levels assigned to their designated beneficial uses as a result of natural causes or conditions, and all new discharges must meet applicable water quality standards; and

(6) The secretary shall assure that regulatory requirements are achieved for all new and existing point sources and that nonpoint sources are controlled through cost effective and reasonable best management practices.

History

Source: 14 SDR 86, effective December 24, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:02:49, July 1, 1996; 24 SDR 10, effective July 20, 1997.
General Authority: SDCL 34A-2-11, 34A-2-93.
Law Implemented: SDCL 34A-2-22, 34A-2-24, 34A-2-26.

ARSD 74:51:01:35 Antidegradation of water quality review for existing point source discharges to waters of the state

All surface water discharge permits, at the time of renewal, shall undergo an antidegradation of water quality review by the secretary unless any one of the following situations applies:

(1) The existing facility is operating at or below design flows and pollutant loadings;

(2) The existing effluent quality is in compliance with all of the discharge permit limits;

(3) The existing discharge permittee was discharging to the current stream segment prior to March 27, 1973, and the quality and quantity of the discharge has not degraded the water quality of that segment as it existed on March 27, 1973;

(4) The existing discharge permittee, with department approval, has upgraded or built new wastewater treatment facilities between March 27, 1973, and July 1, 1988; or

(5) The existing discharge permittee discharges to a receiving water assigned only the beneficial uses of fish and wildlife propagation, recreation, and stock watering and irrigation and the discharge is not expected to contain toxic pollutants in concentrations that may cause an impact to the receiving stream. This exemption does not apply to discharges that will cause any adverse impacts to downstream segments that are of higher quality.

History

Source: 14 SDR 86, effective December 24, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:02:50, July 1, 1996; 24 SDR 10, effective July 20, 1997; 25 SDR 98, effective January 27, 1999.
General Authority: SDCL 34A-2-11, 34A-2-93.
Law Implemented: SDCL 34A-2-22.

ARSD 74:51:01:36 Antidegradation of water quality review for new, potential point source discharges to waters of the state

New surface water discharge permit applications shall undergo an antidegradation of water quality review by the secretary prior to permit issuance. New surface water discharge permit applications are exempt from this section if the receiving water for the discharge is assigned only the beneficial uses of fish and wildlife propagation, recreation, and stock watering and irrigation and the discharge will not cause any adverse impacts to any downstream segment classified as a higher designated use.

History

Source: 14 SDR 86, effective December 24, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:02:51, July 1, 1996; 24 SDR 10, effective July 20, 1997; 25 SDR 98, effective January 27, 1999.
General Authority: SDCL 34A-2-11, 34A-2-93.
Law Implemented: SDCL 34A-2-22.

ARSD 74:51:01:37 Antidegradation of water quality review for thermal discharges to waters of the state

In situations with potential for water quality impairment associated with a thermal discharge, any antidegradation water quality review must be consistent with § 316 of the Federal Water Pollution Control Act as amended to February 4, 1987.

History

Source: 14 SDR 86, effective December 24, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:02:52, July 1, 1996.
General Authority: SDCL 34A-2-11, 34A-2-93.
Law Implemented: SDCL 34A-2-22.

ARSD 74:51:01:37.01 Antidegradation review public notice requirements

For any discharge for which an antidegradation review is required by this chapter, the secretary shall allow for intergovernmental coordination and public participation by providing a public notice of the secretary's recommendation and findings in a daily or weekly newspaper which serves the affected area. The public notice shall follow the requirements of chapter 74:52:05. If a petition in accordance with chapter 74:50:02 contesting the secretary's recommendation is received by the department, a contested case hearing shall be held before the board. If the recommendation is not contested, that recommendation shall become the final determination on the review.

History

Source: 24 SDR 10, effective July 20, 1997; 31 SDR 29, effective September 13, 2004.
General Authority: SDCL 34A-2-11, 34A-2-93, 34A-2-113.
Law Implemented: SDCL 34A-2-22.

ARSD 74:51:01:38 Antidegradation of water quality review for nonpoint source discharges to waters of the state

Nonpoint sources shall be reviewed as feasible by the board. Nonpoint source discharges shall be controlled utilizing cost-effective methods and reasonable best management practices.

History

Source: 14 SDR 86, effective December 24, 1987; transferred from § 74:03:02:53, July 1, 1996.
General Authority: SDCL 34A-2-93.
Law Implemented: SDCL 34A-2-22.

ARSD 74:51:01:39 Outstanding state resource waters

Surface waters of the state that are of high quality or are of exceptional recreational or ecological significance may be designated by the board as outstanding state resource waters. If high quality waters constitute an outstanding state resource water, that water quality shall be maintained and protected. Anyone wishing to nominate outstanding state resource waters shall follow petition requirements outlined in SDCL 1-26-13.

History

Source: 14 SDR 86, effective December 24, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:02:54, July 1, 1996; 24 SDR 10, effective July 20, 1997.
General Authority: SDCL 34A-2-11, 34A-2-93.
Law Implemented: SDCL 34A-2-11, 34A-2-22.

ARSD 74:51:01:40 Repealed

Variations allowed in parameters found in samples.** Repealed

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:02:32, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:02:32, July 1, 1996; repealed, 24 SDR 10, effective July 20, 1997.

ARSD 74:51:01:41 Application of chronic/acute criteria

Acute and chronic criteria established under § 74:51:01:55 and as translated by Appendix B at the end of this chapter shall be applied as follows:

(1) Compliance with the chronic criteria or criteria continuous concentration (CCC) is based on the results of a 30-day average. Compliance with CCC in a surface water discharge permit may be based on grab or composite samples;

(2) Compliance with the acute criteria or criteria maximum concentration (CMC) is based on the results of any one grab sample. However, compliance with CMC in a surface water discharge permit may be based on a composite sample.

Cross-References: Criteria for toxic pollutants, § 74:51:01:55.

History

Source: 19 SDR 111, effective January 31, 1993; transferred from § 74:03:02:32.01, July 1, 1996; 24 SDR 10, effective July 20, 1997.
General Authority: SDCL 34A-2-11, 34A-2-93.
Law Implemented: SDCL 34A-2-7, 34A-2-11, 34A-2-21.

ARSD 74:51:01:42 Beneficial uses of waters established

The beneficial use classifications of surface waters of the state established in this section do not limit the actual use of such waters. The classifications designate the minimum quality at which the surface waters of the state are to be maintained and protected. The following are the beneficial use classifications:

(1) Domestic water supply waters;

(2) Coldwater permanent fish life propagation waters;

(3) Coldwater marginal fish life propagation waters;

(4) Warmwater permanent fish life propagation waters;

(5) Warmwater semipermanent fish life propagation waters;

(6) Warmwater marginal fish life propagation waters;

(7) Immersion recreation waters;

(8) Limited contact recreation waters;

(9) Fish and wildlife propagation, recreation, and stock watering waters;

(10) Irrigation waters; and

(11) Commerce and industry waters.

Cross-References:

Beneficial uses of lakes indicated by listings, § 74:51:02:03.

Beneficial uses of streams indicated by listings, § 74:51:03:02.

Antidegradation standards, §§ 74:51:01:34 to 74:51:01:39, inclusive.

History

Source: SL 1975, ch 16, § 1; transferred from § 34:04:02:30, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 86, effective December 24, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:02:30, July 1, 1996; 25 SDR 98, effective January 27, 1999.
General Authority: SDCL 34A-2-11, 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.

ARSD 74:51:01:43 Missouri River impoundments classified as streams

For the purposes of chapters 74:51:01 to 74:51:03, inclusive, the Missouri River impoundments are classified as flowing streams and not as reservoirs.

History

Source: SL 1975, ch 16, § 1; transferred from § 34:04:02:31, effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:02:31, July 1, 1996.
General Authority: SDCL 34A-2-11, 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.

ARSD 74:51:01:44 Criteria for domestic water supply waters

The criteria of parameters for domestic water supply waters and their allowable variations that are not included under § 74:51:01:55 and Appendix B, unless set under § 74:51:01:24, are as found in the following table:

Parameter

Criteria

Unit of Measure

Special Conditions

Total dissolved solids

< 1,000

mg/L

30-day average

< 1,750

mg/L

daily maximum

Nitrates as N

< 10

mg/L

daily maximum

6.5 - < 9.0

units

Total Coliform

< 5,000

/100 mL

geometric mean of a minimum of 5 samples during separate 24-hour periods for a 30-day period and may not exceed this value in more than 20 percent of the samples examined in the same 30-day period

< 20,000

/100 mL

in any one sample

Barium

< 1.0

mg/L

daily maximum

Chloride

< 250

mg/L

30-day average

< 438

mg/L

daily maximum

Fluoride

< 4.0

mg/L

daily maximum

Sulfate

< 500

mg/L

30-day average

< 875

mg/L

daily maximum

Total Petroleum Hydrocarbons

< 1.0

mg/L

daily maximum

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:02:33, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 86, effective December 24, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:02:33, July 1, 1996; 24 SDR 10, effective July 20, 1997; 35 SDR 253, effective May 12, 2009; 47 SDR 110, effective April 27, 2021.
General Authority: SDCL 34A-2-10, 34A-2-11, 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.

ARSD 74:51:01:45 Criteria for coldwater permanent fish life propagation waters

The criteria of parameters for coldwater permanent fish life propagation waters and their allowable variations that are not included under § 74:51:01:55 and Appendix B, unless set under § 74:51:01:24, are as found in the following table:

Parameter

Criteria

Unit of Measure

Special Conditions

Total ammonia nitrogen as N

Equal to or less than the result from Equation 3 in Appendix A

mg/L

30-day average

Equal to or less than the result from Equation 1 in Appendix A

mg/l

daily maximum

Chlorides

< 100

mg/L

30-day average

< 175

mg/L

daily maximum

Dissolved oxygen as measured anywhere in the water column of a non-stratified water body, or in the epilimnion and metalimnion of a stratified water body

6.0

mg/L

daily minimum

7.0

mg/L

in spawning areas during the spawning season

Undisassociated hydrogen sulfide

< 0.002

mg/L

daily maximum

6.5 - < 9.0

units

see § 74:51:01:07

Total Suspended Solids

< 30

mg/L

30-day average

< 53

mg/L

daily maximum

Temperature

< 65

°F

see § 74:51:01:31

For special effluent limitations related to coldwater fisheries, see § 74:51:01:32.

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; 5 SDR 21, effective September 21, 1978; transferred from § 34:04:02:34, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:02:34, July 1, 1996; 24 SDR 10, effective July 20, 1997; 31 SDR 29, effective September 13, 2004; 35 SDR 253, effective May 12, 2009.
General Authority: SDCL 34A-2-11, 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.

ARSD 74:51:01:45.01 Site-specific criteria for coldwater permanent fish life propagation waters -- Black Hills Trout Management Area

The following site-specific criteria apply to all coldwater permanent fish life propagation streams within the Black Hills Trout Management Area:

Parameter

Criteria

Unit of Measure

Special Conditions

Temperature

75.2

°F

daily maximum

66.2

°F

weekly average temperature

History

Source: 41 SDR 109, effective January 12, 2015.
General Authority: SDCL 34A-2-11, 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.

ARSD 74:51:01:46 Criteria for coldwater marginal fish life propagation waters

The criteria of parameters for coldwater marginal fish life propagation waters and their allowable variations that are not included under § 74:51:01:55 and Appendix B, unless set under § 74:51:01:24, are as found in the following table:

Parameter

Criteria

Unit of Measure

Special Conditions

Total ammonia nitrogen as N

Equal to or less than the result from Equation 3 in Appendix A

mg/L

30-day average

Equal to or less than the result from Equation 1 in Appendix A

mg/L

daily maximum

Dissolved oxygen as measured anywhere in the water column of a non-stratified water body, or in the epilimnion and metalimnion of a stratified water body

5.0

mg/L

daily minimum

Undisassociated hydrogen sulfide

< 0.002

mg/L

daily maximum

6.5 - < 9.0

units

see § 74:51:01:07

Total Suspended Solids

< 90

mg/L

30-day average

< 158

mg/L

daily maximum

Temperature

< 75

°F

see § 74:51:01:31

For special effluent limitations related to coldwater fisheries, see § 74:51:01:32.

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; 5 SDR 21, effective September 21, 1978; transferred from § 34:04:02:35, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:02:35, July 1, 1996; 24 SDR 10, effective July 20, 1997; 31 SDR 29, effective September 13, 2004; 35 SDR 253, effective May 12, 2009.
General Authority: SDCL 34A-2-11, 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.

ARSD 74:51:01:46.01 Site-specific criteria for coldwater marginal fish life propagation waters -- Black Hills Trout Management Area

The following criterion applies to all coldwater marginal fish life propagation streams within the Black Hills Trout Management Area:

Parameter

Criteria

Unit of Measure

Special Conditions

Temperature

75.2

°F

daily maximum

History

Source: 41 SDR 109, effective January 12, 2015.
General Authority: SDCL 34A-2-11, 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.

ARSD 74:51:01:47 Criteria for warmwater permanent fish life propagation waters

The criteria of parameters for warmwater permanent fish life propagation waters and their allowable variations that are not included under § 74:51:01:55 and Appendix B, unless set under § 74:51:01:24, are as found in the following table:

Parameter

Criteria

Unit of Measure

Special Conditions

Total ammonia nitrogen as N

Equal to or less than the result from Equation 3 in Appendix A

mg/L

30-day average

Equal to or less than the result from Equation 2 in Appendix A

mg/L

daily maximum

Dissolved oxygen as measured anywhere in the water column of a non-stratified water body, or in the epilimnion and metalimnion of a stratified water body

5.0

mg/L

daily minimum

6.0

in Big Stone Lake and Lake Traverse during April and May

Undisassociated hydrogen sulfide

< 0.002

mg/L

daily maximum

6.5 - < 9.0

units

see § 74:51:01:07

Total Suspended Solids

< 90

mg/L

30-day average

< 158

mg/L

daily maximum

Temperature

< 80

°F

see § 74:51:01:31

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; 5 SDR 21, effective September 21, 1978; transferred from § 34:04:02:36, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:02:36, July 1, 1996; 24 SDR 10, effective July 20, 1997; 31 SDR 29, effective September 13, 2004; 35 SDR 253, effective May 12, 2009; 47 SDR 110, effective April 27, 2021.
General Authority: SDCL 34A-2-10, 34A-2-11, 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.

ARSD 74:51:01:48 Criteria for warmwater semipermanent fish life propagation waters

The criteria of parameters for warmwater semipermanent fish life propagation waters and their allowable variations that are not included under § 74:51:01:55 and Appendix B, unless set under § 74:51:01:24, are as found in the following table:

Parameter

Criteria

Unit of Measure

Special Conditions

Total ammonia nitrogen as N

Equal to or less than the result from Equation 3 in Appendix A

mg/L

30-day average

Equal to or less than the result from Equation 2 in Appendix A

mg/L

daily maximum

Dissolved oxygen as measured anywhere in the water column of a non-stratified water body, or in the epilimnion and metalimnion of a stratified water body

5.0

mg/L

daily minimum

Undisassociated hydrogen sulfide

< 0.002

mg/L

daily maximum

6.5 - < 9.0

Units

see § 74:51:01:07

Total Suspended Solids

< 90

mg/L

30-day average

< 158

mg/L

daily maximum

Temperature

< 90

°F

see § 74:51:01:31

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; 5 SDR 21, effective September 21, 1978; transferred from § 34:04:02:37, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 86, effective December 24, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:02:37, July 1, 1996; 24 SDR 10, effective July 20, 1997; 31 SDR 29, effective September 13, 2004; 35 SDR 253, effective May 12, 2009; 47 SDR 110, effective April 27, 2021.
General Authority: SDCL 34A-2-10, 34A-2-11, 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.

ARSD 74:51:01:48.01 Site-specific criteria for semipermanent fish life propagation waters -- White River from the Nebraska-South Dakota border to its confluence with the Missouri River

The following site-specific criteria for semipermanent fish life propagation waters are established for the White River from the Nebraska-South Dakota border to its confluence with the Missouri River:

Parameter: Total Suspended Solids

Criteria

Unit of Measure

Special Conditions

White River from the Nebraska-South Dakota border to its confluence with Willow Creek

< 4,525

mg/L

daily maximum

White River from its confluence with Willow Creek to its confluence with the Little White River

< 24,300

mg/L

daily maximum

White River from its confluence with the Little White River to its confluence with the Missouri River

< 21,550

mg/L

daily maximum

History

Source: 35 SDR 253, effective May 12, 2009.
General Authority: SDCL 34A-2-11, 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.

ARSD 74:51:01:48.02 Site-specific criterion for semipermanent fish life propagation waters -- Little White River from its confluence with Rosebud Creek to its confluence with the White River

The following site-specific criterion for semipermanent fish life propagation waters is established for the Little White River from its confluence with Rosebud Creek to its confluence with the White River:

Parameter

Criteria

Unit of Measure

Special Condition

Total Suspended solids

< 1,733

mg/L

daily maximum

History

Source: 35 SDR 253, effective May 12, 2009.
General Authority: SDCL 34A-2-11, 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.

ARSD 74:51:01:49 Criteria for warmwater marginal fish life propagation waters

The criteria for warmwater marginal fish life propagation waters and their allowable variations that are not included under § 74:51:01:55 and Appendix B, unless set under § 74:51:01:24, are as found in the following table:

Parameter

Criteria

Unit of Measure

Special Conditions

Total ammonia nitrogen as N

Equal to or less than the result from Equation 3 in Appendix A

mg/L

30-day average

Equal to or less than the result from Equation 2 in Appendix A

mg/L

daily maximum

Dissolved oxygen as measured anywhere in the water column of a non-stratified water body, or in the epilimnion and metalimnion of a stratified water body

4.0

mg/L

daily minimum October 1 - April 30

5.0

mg/L

daily minimum May 1 - September 30

Undisassociated hydrogen sulfide

< 0.002

mg/L

daily maximum

6.0 - < 9.0

units

see § 74:51:01:07

Total Suspended Solids

< 150

mg/L

30-day average

< 263

mg/L

daily maximum

Temperature

< 90

°F

see § 74:51:01:31

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; 5 SDR 21, effective September 21, 1978; transferred from § 34:04:02:38, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:02:38, July 1, 1996; 24 SDR 10, effective July 20, 1997; 31 SDR 29, effective September 13, 2004; 35 SDR 253, effective May 12, 2009; 47 SDR 110, effective April 27, 2021.
General Authority: SDCL 34A-2-10, 34A-2-11, 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.

ARSD 74:51:01:50 Criteria for immersion recreation waters

The criteria of parameters for immersion recreation waters and their allowable variations that are not included under § 74:51:01:55 and Appendix B, unless set under § 74:51:01:24, are as found in the following table and only apply May 1 - September 30:

Parameter

Criteria

Unit of Measure

Special Conditions

Dissolved oxygen as measured anywhere in the water column of a non-stratified water body, or in the epilimnion and metalimnion of a stratified water body

5.0

mg/L

daily minimum

Escherichia coli

< 126

/100 mL

geometric mean based on a minimum of 5 samples obtained during separate 24-hour periods for any 30-day period

< 235

in any one sample

Microcystin

µg/L

Not to be exceeded in more than three 10-day assessment periods over the course of the recreation season

Cylindrospermopsin

µg/L

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:02:40, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:02:40, July 1, 1996; 24 SDR 10, effective July 20, 1997; 35 SDR 253, effective May 12, 2009; 42 SDR 103, effective January 19, 2016; 47 SDR 110, effective April 27, 2021.
General Authority: SDCL 34A-2-10, 34A-2-11, 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.

ARSD 74:51:01:51 Criteria for limited contact recreation waters

The criteria of parameters for limited contact recreation waters and their allowable variations that are not included under § 74:51:01:55 and Appendix B, unless set under § 74:51:01:24, are as found in the following table and only apply May 1 - September 30:

Parameter

Criteria

Unit of Measure

Special Conditions

Dissolved oxygen as measured anywhere in the water column of a non-stratified water body, or in the epilimnion and metalimnion of a stratified water body

5.0

mg/L

daily minimum

Escherichia coli

< 630

/100mL

geometric mean based on a minimum of 5 samples obtained during separate 24-hour periods for any 30-day period

< 1178

in any one sample

Microcystin

µg/L

Not to be exceeded in more than three 10-day assessment periods over the course of the recreation season

Cylindrospermopsin

µg/L

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:02:41, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:02:41, July 1, 1996; 24 SDR 10, effective July 20, 1997; 35 SDR 253, effective May 12, 2009; 42 SDR 103, effective January 19, 2016; 47 SDR 110, effective April 27, 2021.
General Authority: SDCL 34A-2-10, 34A-2-11, 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.

ARSD 74:51:01:52 Criteria for fish and wildlife propagation, recreation, and stock watering waters

The criteria of parameters for fish and wildlife propagation, recreation, and stock watering waters and their allowable variations that are not included under § 74:51:01:55 and Appendix B, unless set under § 74:51:01:24, are as found in the following table:

Parameter

Criteria

Unit of Measure

Special Conditions

Total alkalinity as calcium carbonate

< 750

mg/L

30-day average

< 1313

mg/L

daily maximum

Total dissolved solids

< 2,500

mg/L

30-day average

< 4,375

mg/L

daily maximum

Conductivity at 25°C

< 4,000

micromhos/cm

30-day average

< 7,000

micromhos/cm

daily maximum

Nitrates as N

< 50

mg/L

30-day average

< 88

mg/L

daily maximum

6.0 - < 9.5

units

see § 74:51:01:07

Total petroleum hydrocarbon

< 10

mg/L

see § 74:51:01:10

Oil and grease

< 10

mg/L

see § 74:51:01:10

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:02:42, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:02:42, July 1, 1996; 24 SDR 10, effective July 20, 1997; 25 SDR 98, effective January 27, 1999.
General Authority: SDCL 34A-2-11, 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.

ARSD 74:51:01:53 Criteria for irrigation waters. The criteria of parameters for irrigation waters and the allowable variations that are not included under § 74:51:01:55 or Appendix B of this chapter, unless set under § 74:51:01:24, are as found in the following table: ParameterCriteriaUnit of MeasureSpecial ConditionsConductivity at 25C< 2,500micromhos/cm30-day average < 4,375micromhos/cmdaily maximumSodium adsorption ratio< 10 see definition The criteria set forth in this section are applicable from April first through October thirty-first. Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:02:43, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 86, effective December 24, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:02:43, July 1, 1996; 24 SDR 10, effective July 20, 1997; 47 SDR 110, effective April 27, 2021; 49 SDR 96, effective May 14, 2023. General Authority: SDCL 34A-2-10, 34A-2-11, 34A-2-93. Law Implemented: SDCL 34A-2-10, 34A-2-11

Criteria for irrigation waters. The criteria of parameters for irrigation waters and the allowable variations that are not included under § 74:51:01:55 or Appendix B of this chapter, unless set under § 74:51:01:24, are as found in the following table:

Parameter

Criteria

Unit of Measure

Special Conditions

Conductivity at 25C

< 2,500

micromhos/cm

30-day average

< 4,375

micromhos/cm

daily maximum

Sodium adsorption ratio

< 10

see definition

The criteria set forth in this section are applicable from April first through October thirty-first.

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:02:43, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 86, effective December 24, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:02:43, July 1, 1996; 24 SDR 10, effective July 20, 1997; 47 SDR 110, effective April 27, 2021; 49 SDR 96, effective May 14, 2023.
General Authority: SDCL 34A-2-10, 34A-2-11, 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.

ARSD 74:51:01:53.01 Site specific criterion for irrigation waters -- Belle Fourche River from the Wyoming-South Dakota border to its confluence with the Cheyenne River

The following site-specific criterion for irrigation waters is established for the Belle Fourche River from the Wyoming-South Dakota border to its confluence with the Cheyenne River:

Sodium adsorption ratio

< 6

See definition

History

Source: 31 SDR 29, effective September 13, 2004.
General Authority: SDCL 34A-2-11, 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.

ARSD 74:51:01:54 Criteria for commerce and industry waters

The criteria of parameters for commerce and industry waters and their allowable variations that are not included under § 74:51:01:55 and Appendix B, unless set under § 74:51:01:24, are as found in the following table:

Parameter

Criteria

Unit of Measure

Special Conditions

Total dissolved solids

< 2,000

mg/L

30-day average

< 3,500

mg/L

daily maximum

6.0 - < 9.5

units

see § 74:51:01:07

History

Source: SL 1975, ch 16, § 1; transferred from § 34:04:02:44, effective July 1, 1979: 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:02:44, July 1, 1996; 24 SDR 10, effective July 20, 1997.
General Authority: SDCL 34A-2-11, 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.

ARSD 74:51:01:55 Criteria for toxic pollutants

Toxic pollutants at levels which are or may become injurious to public health, safety, or welfare; plant, aquatic, and animal life; or the existing or designated uses of waters may not be present in the surface waters of the state. The toxic pollutants to which this section applies are the priority pollutants and chemicals in 40 C.F.R. Part 131 (July 1, 2020) and any other toxic pollutants or substances that produce nuisance aquatic life in concentrations that impair an existing or designated use or create a human health problem as prohibited in § 74:51:01:09, or that will adversely impact the structure and function of indigenous or intentionally introduced aquatic communities as prohibited in § 74:51:01:12. Appendix B at the end of this chapter lists the priority pollutants and chemicals for which specific numerical criteria have been adopted by the board.

The levels of toxic pollutants allowed in surface waters shall be determined by the secretary in accordance with the chronic/acute criteria levels specified for human health and aquatic life in the National Recommended Water Quality Criteria and as translated in Appendix B. The secretary shall use a one-in-a-million (10^-6) risk level when determining applicable human health criteria.

Upon written request, the board may determine allowable levels of toxic pollutants in surface waters of the state in accordance with §§ 74:51:01:23 or 74:51:01:24, after opportunity for public review and comment. If a numerical criterion has been established for a toxic pollutant in §§ 74:51:01:31, 74:51:01:32, and 74:51:01:44 through 74:51:01:54, inclusive, and in § 74:51:01:56, the provisions of this section do not apply to that substance. Toxic pollutants identified in and allowed by §§ 74:51:01:58 and 74:51:01:59 for water resource enhancement or restoration projects are exempt from the provisions of this section.

Reference: National Recommended Water Quality Criteria: (October 2020) The priority pollutants can be found on the United States Environmental Protection Agency's website at https://www.epa.gov/wqc/national-recommended-water-quality-criteria-aquatic-life-criteria-table and https://www.epa.gov/wqc/national-recommended-water-quality-criteria-human-health-criteria-table.

Cross-References: Toxic pollutant criteria, Appendix B, ch 74:51:01; Protection of wetlands as waters of the state, § 74:51:01:11.

History

Source: SL 1975, ch 16, § 1; transferred from § 34:04:02:14, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 86, effective December 24, 1987; 16 SDR 196, effective May 23, 1990; 18 SDR 128, effective February 11, 1992; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:02:14, July 1, 1996; 24 SDR 10, effective July 20, 1997; 25 SDR 98, effective January 27, 1999; 31 SDR 29, effective September 13, 2004; 35 SDR 253, effective May 12, 2009; 41 SDR 109, effective January 12, 2015; 47 SDR 110, effective April 27, 2021.
General Authority: SDCL 34A-2-10, 34A-2-11, 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.

ARSD 74:51:01:56 Site-specific criteria for Whitewood Creek from Interstate 90 to its confluence with Gold Run Creek

In addition to the criteria of parameters for the beneficial uses assigned in § 74:51:03:10 to the segment of Whitewood Creek from Interstate 90 to its confluence with Gold Run Creek and their allowable variations as listed in § 74:51:01:55, Appendix B, § 74:51:01:46 and §§ 74:51:01:50 to 74:51:01:53, inclusive, the following site-specific criteria are established for this segment:

Parameter

30-day average (ug/L)

Cyanide - weak acid dissociable (WAD)

Cadmium, total recoverable

Copper, total recoverable

Lead, total recoverable

Mercury, total recoverable

0.8

Silver, total recoverable

For the Lead-Deadwood Sanitary District effluent quality for total suspended solids may not exceed 18 mg/L as a 30-day average and effluent quality for 5-day biochemical oxygen demand may not exceed 10 mg/L as a 30-day average. For South Dakota Science and Technology Authority effluent quality for total suspended solids may not exceed 10 mg/L as a 30-day average. In accordance with the statements in this section, the existing surface water discharge permittees in this segment are exempt from the total suspended solids limits and 5-day biochemical oxygen demand limits contained in § 74:51:01:32.

Cross-References: Modification of criteria for specific sites, § 74:51:01:24; Effluent limitations for discharges to trout fishery waters, § 74:51:01:32.

History

Source: 14 SDR 86, effective December 24, 1987; 18 SDR 169, effective April 12, 1992; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:02:48, July 1, 1996; 24 SDR 10, effective July 20, 1997; 35 SDR 253, effective May 12, 2009.
General Authority: SDCL 34A-2-11, 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.

ARSD 74:51:01:57 Repealed

Site-specific criteria for Whitetail Creek from Whitewood Creek to the stream gauging station on the Kirk Power Plant road.** Repealed.

History

Source: 16 SDR 196, effective May 23, 1990; transferred from § 74:03:02:48.01, July 1, 1996; repealed, 31 SDR 29, effective September 13, 2004.

ARSD 74:51:01:58 Water resource enhancement or restoration projects -- Use of toxic pollutants

Toxic pollutants established under §§ 74:51:01:32 and 74:51:01:44 to 74:51:01:55, inclusive, may be present in surface waters of the state for the purpose of water resource enhancement or restoration if the overall goals of the project justify the short-term detriment.

History

Source: 18 SDR 128, effective February 11, 1992; 19 SDR 111, effective January 31, 1993; requirements for use of EPA-registered pesticides transferred to § 74:03:02:47.01.01, 21 SDR 214, effective June 21, 1995; transferred from § 74:03:02:47.01, July 1, 1996.
General Authority: SDCL 34A-2-11, 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.

ARSD 74:51:01:59 Water resource enhancement or restoration projects -- Use of EPA-registered pesticides

The use of EPA-registered pesticides in accordance with the individual label requirements specifying handling and application to aquatic sites is presumed not to cause long-term damage to the environment. The application of all registered pesticides must comply with SDCL chapter 38-21, 7 U.S.C.A. § 136 et seq. (October 25, 1988), and §§ 74:51:01:60 and 74:51:01:61. This section does not exempt any person from the penalty provisions of SDCL 34A-2-75 if misapplication results in impairment of a designated beneficial use.

History

Source: Transferred from § 74:03:02:47.01, 21 SDR 214, effective June 21, 1995; transferred from § 74:03:02:47.01.01, July 1, 1996; 31 SDR 29, effective September 13, 2004.
General Authority: SDCL 34A-2-11, 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.

ARSD 74:51:01:60 Water resource enhancement or restoration projects -- Department approval required

Projects designed to enhance or restore overall water quality or beneficial uses may include application of registered pesticides for elimination of nuisance aquatic life, including algae, weeds, and undesirable fish life; furtherance of fish and wildlife research projects; and removal of accumulated sediment. The secretary may allow these projects after review and approval of a written project plan and after opportunity for public review and comment pursuant to § 74:51:01:61. The project plan must be submitted on a form provided by the department and must contain the following information:

(1) Name and address of responsible party;

(2) Project goals and purpose;

(3) Project description;

(4) Legal location of project, including maps;

(5) Bodies of water affected;

(6) Estimated date and duration of project;

(7) Methods implemented to minimize pollution;

(8) Other alternatives available and reasons for rejection;

(9) Name and label of pesticide product to be used;

(10) Application rates of pesticide product to be used;

(11) Application methods of pesticide product to be used;

(12) Surfactant toxicity information of pesticide product to be used, if available;

(13) Disposition and quantity of accumulated/dredged sediment, if applicable; and

(14) Equipment used to remove accumulated sediment, if applicable.

If the applicant provides authorization from the South Dakota Department of Game, Fish and Parks under the provisions of SDCL 41-13-1, 41-13-2, and 41-12-13 for the application of registered pesticides, the secretary shall approve the project without requiring any further information or approval. Otherwise, the applicant shall follow the requirements of this section and § 74:51:01:61.

History

Source: 18 SDR 128, effective February 11, 1992; 19 SDR 111, effective January 31, 1993; 21 SDR 214, effective June 21, 1995; transferred from § 74:03:02:47.02, July 1, 1996; 24 SDR 10, effective July 20, 1997; 47 SDR 110, effective April 27, 2021.
General Authority: SDCL 34A-2-10, 34A-2-11, 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.

ARSD 74:51:01:61 Publication of notice of application for water resource enhancement or restoration projects -- Exception for registered pesticides

The applicant shall publish notice of application for approval of the proposed water resource enhancement or restoration project in one newspaper which serves the affected area. The secretary shall provide the notice and shall approve or select the official newspaper. The notice shall be published at least 10 days before the start of the proposed project. The notice shall include a summary of the proposed activity and the secretary's recommendation. If no comments are received within the 10-day notice period, the secretary shall approve or deny the plan in accordance with the secretary's recommendation as published in the notice. The cost of publication is the responsibility of the applicant.

A water restoration or enhancement project that includes the application of a registered pesticide only is not subject to the notice requirements of this section if all of the following criteria are met:

(1) The registered pesticide will not be applied within one-half mile of a well or surface intake used as a public water supply source;

(2) The registered pesticide will be applied only to surface waters of the state that are not designated for the beneficial use of immersion recreation and limited contact recreation; and

(3) The project will not affect more than 70 percent of the aquatic vegetation existing before the first application as approved by the secretary.

Cross-Reference: Legal newspapers and publication of notice, SDCL chapter 17-2.

History

Source: 18 SDR 128, effective February 11, 1992; 21 SDR 214, effective June 21, 1996; transferred from § 74:03:02:47.03, July 1, 1996; 24 SDR 10, effective July 20, 1997.
General Authority: SDCL 34A-2-11, 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.

ARSD 74:51:01:62 Hearing procedure for water resource enhancement or restoration projects

If any water resource enhancement or restoration project that requires public notice is contested in writing, the board shall hold a hearing pursuant to chapter 74:50:02. Based on the record of the hearing, the board shall approve the project if the board determines the overall goals of the project justify any short-term detriments and it is in the public interest.

History

Source: 18 SDR 128, effective February 11, 1992; 21 SDR 214, effective June 21, 1995; transferred from § 74:03:02:47.04, July 1, 1996.
General Authority: SDCL 34A-2-11, 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.

ARSD 74:51:01:63 Application requirements for certification of compliance with water quality standards

An applicant for a federal permit or license to conduct an activity, including the construction or operation of facilities, which may result in a discharge of pollutants into surface waters of the state shall receive certification of compliance with water quality standards from the secretary. A copy of the federal project application as submitted by the applicant or the responsible federal agency serves as a request for certification. If the contents of the federal application do not provide adequate information to determine compliance with applicable water quality standards, the secretary may request any additional information to determine compliance, including the following:

(1) The name and address of the applicant;

(2) A description of the activity to be performed, including the amount, duration, and potential impacts of any discharges to surface waters of the state;

(3) A description of the uses of the surface waters of the state within a one-quarter mile radius of the affected area;

(4) A description of any monitoring to be conducted prior to, during, and following the activity to assess impacts on water quality;

(5) A description of the present water quality in the affected area;

(6) A list and description of processes and operating procedures conducted by the permittee to reduce or eliminate impacts on water quality;

(7) The date or dates that the activity will begin and end, if known, and the date or dates that a discharge will occur; and

(8) A plan to avoid, minimize, or compensate for any adverse impacts directly attributable to the project, including changes in or reduction of:

(a) Channel length or width;

(b) Flood storage;

(d) Hydrology;

(e) Acreage; or

(f) Biological community.

Cross-Reference: State certification of activities requiring a federal license or permit, 40 C.F.R. Part 121 (September 11, 2020).

History

Source: 14 SDR 86, effective December 24, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:02:55, July 1, 1996; 31 SDR 29, effective September 13, 2004; 41 SDR 109, effective January 12, 2015; 47 SDR 110, effective April 27, 2021.
General Authority: SDCL 34A-2-11, 34A-2-33, 34A-2-34, 34A-2-93.
Law Implemented: SDCL 34A-2-33, 34A-2-34.

ARSD 74:51:01:64 Notice requirements for certification of compliance with water quality standards for hydropower facilities

The secretary shall ensure that public notice of any proposed actions for water quality certification for hydropower facilities regulated by the Federal Energy Regulatory Commission is provided either by the responsible federal agency or by the department. The public notice for hydropower facilities must follow requirements in § 74:52:05:13 and must be published in a daily or weekly newspaper that serves the affected area.

Cross-Reference: State certification of activities requiring a federal license or permit, 40 C.F.R. Part 121 (September 11, 2020).

History

Source: 14 SDR 86, effective December 24, 1987; 19 SDR 111, effective January 31, 1993; 21 SDR 18, effective August 8, 1994; transferred from § 74:03:02:56; July 1, 1996, 24 SDR 10, effective July 20, 1997 31 SDR 29, effective September 13, 2004; 35 SDR 253, effective May 12, 2009; 41 SDR 109, effective January 12, 2015; 47 SDR 110, effective April 27, 2021.
General Authority: SDCL 34A-2-11, 34A-2-33, 34A-2-34, 34A-2-93.
Law Implemented: SDCL 34A-2-33, 34A-2-34.

ARSD 74:51:01:64.01 Notice requirements for certification of compliance with water quality standards for dredge and fill permits

The secretary shall ensure that public notice of any proposed actions for water quality certification under § 404 of the Federal Water Pollution Control Act as amended to February 4, 1987, is provided in accordance with § 74:52:05:13, either by the responsible federal agency or by the department. The public notice must be sent to the applicant, to applicable city and county officials, to adjoining property owners, and to applicable state and federal agencies. The secretary shall mail a copy of the public notice to any party requesting a copy.

Cross-Reference: State certification of activities requiring a federal license or permit, 40 C.F.R. Part 121 (September 11, 2020).

History

Source: 14 SDR 86, effective December 24, 1987; 19 SDR 111, effective January 31, 1993; 21 SDR 18, effective August 8, 1994; transferred from § 74:51:01:64, 24 SDR 10, effective July 20, 1997; 31 SDR 29, effective September 13, 2004; 35 SDR 253, effective May 12, 2009; 41 SDR 109, effective January 12, 2015; 47 SDR 110, effective April 27, 2021.
General Authority: SDCL 34A-2-11, 34A-2-33, 34A-2-34, 34A-2-93.
Law Implemented: SDCL 34A-2-33, 34A-2-34.

ARSD 74:51:01:64.02 Notice requirements for certification of compliance with water quality standards for federal issued national pollutant discharge elimination system permits

The secretary shall ensure that public notice of any proposed actions for water quality certification for national pollutant discharge elimination system permits issued by the EPA, under § 402 of the Federal Water Pollution Control Act as amended to February 4, 1987, is provided either by the responsible federal agency or by the department. The public notice for federal issued national pollutant discharge elimination system permits must be made in accordance with § 74:52:05:13 and must also be published in a daily or weekly newspaper that serves the affected area.

Cross-Reference: State certification of activities requiring a federal license or permit, 40 C.F.R. Part 121 (September 11, 2020).

History

Source: 14 SDR 86, effective December 24, 1987; 19 SDR 111, effective January 31, 1993; 21 SDR 18, effective August 8, 1994; transferred from § 74:51:01:64, 24 SDR 10, effective July 20, 1997; 31 SDR 29, effective September 13, 2004; 35 SDR 253, effective May 12, 2009; 41 SDR 109, effective January 12, 2015; 47 SDR 110, effective April 27, 2021.
General Authority: SDCL 34A-2-11, 34A-2-33, 34A-2-34, 34A-2-93.
Law Implemented: SDCL 34A-2-33, 34A-2-34.

ARSD 74:51:01:64.03 Contents of public notice for certification of compliance with water quality standards

At a minimum, a public notice required under §§ 74:51:01:64 through 74:51:01:64.02, inclusive, must include the following:

(1) A brief description of the proposed activity and a summary of the required application;

(2) A period of time, at least 15 days from the date of mailing, within which interested parties may express their views concerning the permit application; and

(3) A statement that any person may request, in writing, within the comment period specified in the notice, that a public hearing pursuant to chapter 74:50:02 be held to consider the application. Requests for public hearings must state the reasons for holding a public hearing.

Cross-Reference: State certification of activities requiring a federal license or permit, 40 C.F.R. Part 121 (September 11, 2020).

History

Source: 14 SDR 86, effective December 24, 1987; 19 SDR 111, effective January 31, 1993; 21 SDR 18, effective August 8, 1994; transferred from § 74:51:01:64, 24 SDR 10, effective July 20, 1997; 31 SDR 29, effective September 13, 2004; 41 SDR 109, effective January 12, 2015; 47 SDR 110, effective April 27, 2021.
General Authority: SDCL 34A-2-11, 34A-2-33, 34A-2-34, 34A-2-93.
Law Implemented: SDCL 34A-2-33, 34A-2-34.

ARSD 74:51:01:65 Secretary's certification of compliance with water quality standards

The certification of the secretary that water quality standards are protected must include the conditions that are necessary to ensure compliance with the provisions of this chapter and a statement that there is a reasonable assurance that the activity will be conducted in a manner that will not violate applicable water quality standards. The secretary shall provide certification, denial of certification, or waiver of certification to the applicant within 60 business days after receipt of the complete application unless the secretary is granted an extension by the responsible federal agency.

If the secretary fails to act on an application for certification within the 60 business days after receipt of the complete application and any extension thereof granted by the responsible federal agency, the applicant's requirement to receive certification under this section is waived.

Cross-Reference: State certification of activities requiring a federal license or permit, 40 C.F.R. Part 121 (September 11, 2020).

History

Source: 14 SDR 86, effective December 24, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:02:57, July 1, 1996; 31 SDR 29, effective September 13, 2004; 35 SDR 253, effective May 12, 2009; 41 SDR 109, effective January 12, 2015; 47 SDR 110, effective April 27, 2021.
General Authority: SDCL 34A-2-11, 34A-2-33, 34A-2-34, 34A-2-93.
Law Implemented: SDCL 34A-2-33, 34A-2-34.

Chapter 74:51:02 Uses assigned to lakes

ARSD 74:51:02:01 Beneficial use of fish and wildlife propagation, recreation, and stock watering assigned to lakes

The beneficial uses of fish and wildlife propagation, recreation, and stock watering are assigned to all lakes in the state.

History

Source: SL 1975, ch 16, § 1; transferred from § 34:04:03:01, effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:03:03:01, July 1, 1996; 25 SDR 98, effective January 27, 1999.
General Authority: SDCL 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.

ARSD 74:51:02:02 Beneficial uses of recreation assigned to some lakes

Each lake listed in §§ 74:51:02:04 to 74:51:02:69, inclusive, is assigned the beneficial uses of immersion recreation and limited contact recreation, unless otherwise specified. These uses are not to be construed as limiting the actual use of such waters. The classifications only designate the quality at which the waters are to be maintained and protected. Lakes listed in this chapter may or may not be open to the public. Access to private property must be obtained from individual landowners.

History

Source: SL 1975, ch 16, § 1; transferred from § 34:04:03:02, effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:03:02, July 1, 1996.
General Authority: SDCL 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.

ARSD 74:51:02:03 Beneficial uses of lakes indicated by listings

Additional beneficial uses assigned to lakes listed in §§ 74:51:02:04 to 74:51:02:69, inclusive, are indicated by the number of the beneficial use classifications listed below:

(1) Domestic water supply waters;

(2) Coldwater permanent fish life propagation waters;

(3) Coldwater marginal fish life propagation waters;

(4) Warmwater permanent fish life propagation waters;

(5) Warmwater semipermanent fish life propagation waters;

(6) Warmwater marginal fish life propagation waters;

(7) Immersion recreation waters;

(8) Limited-contact recreation waters;

(9) Fish and wildlife propagation, recreation, and stock watering waters;

(10) Irrigation waters; and

(11) Commerce and industry waters.

Cross-References: Beneficial uses of waters established, § 74:51:01:42; Beneficial uses of stream segments indicated by listings, § 74:51:03:02.

History

Source: SL 1975, ch 16, § 1; transferred from § 34:04:03:03, effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 86, December 24, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:03:03, July 1, 1996; 25 SDR 98, effective January 27, 1999.
General Authority: SDCL 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.

ARSD 74:51:02:04 Uses of certain lakes

Lakes covered by §§ 74:51:02:02 and 74:51:02:03 include:

County

Waterbody

State Lake Identifier

Uses

Aurora

Crystal

LJA-Lake-340-000

Fish

LJA-Lake-655-000

Frazer, also known as Fraser Dam

LJA-Lake-18-000

Hansons

FTR-Lake-5652-000

Jail Pond, also known as Plankinton Community Fishing Pond

LJA-Lake-774-000

New Stickney, also known as Nelson

LJA-Lake-772-000

Old Stickney

LJA-Lake-55-000

Patton

FTR-Lake-5113-000

White

FTR-Lake-5129-000

Wilmarth

LJA-Lake-233-000

Beadle

Bergers

MJA-Lake-638-000

Byron

MJA-Lake-531-000

5,10

Cavour

MJA-Lake-532-000

Mud, includes Conners and Spring

MJA-Lake-531-001

Ravine

MJA-Lake-540-000

Staum

MJA-Lake-354-000

Stoney Run

MJA-Lake-317-000

Bennett

Allan Dam

UWH-Lake-19-000

Allen

LIW-Lake-143-000

Bad Hair

MWH-Lake-38-000

Cedar Creek No. 1

LIW-Lake-9-000

Cedar Creek No. 2

LIW-Lake-9-001

Jacquot, also known as Risse

MWH-Lake-41-000

LaCreek National Wildlife Refuge Pool 1

LIW-Lake-289-000

LaCreek National Wildlife Refuge Pool 2

LIW-Lake-292-000

LaCreek National Wildlife Refuge Pool 3

LIW-Lake-291-000

LaCreek National Wildlife Refuge Pool 4

LIW-Lake-290-000

LaCreek National Wildlife Refuge Pool 5

LIW-Lake-147-000

LaCreek National Wildlife Refuge Pool 6

LIW-Lake-286-000

LaCreek National Wildlife Refuge Pool 7

LIW-Lake-288-000

LaCreek National Wildlife Refuge Pool 8

LIW-Lake-287-000

LaCreek National Wildlife Refuge Pool 9

LIW-Lake-28-000

LaCreek National Wildlife Refuge Pool 10

LIW-Lake-27-000

Little White River Project Dam

LIW-Lake-8-000

Scharman

MWH-Lake-68-000

Bon Homme

Bucholz WPA

LCL-Lake-62-000

6, no 7

Clear

LCL-Lake-9-000

Cosby WPA

LCL-Lake-60-001

6, no 7

Hieb WPA

LCL-Lake-60-000

6, no 7

Henry

LJA-Lake-588-000

Kloucek

LJA-Lake-490-000

Schaefer WPA

LCL-Lake-63-000

6, no 7

Tyndall Kids Pond

LCL-Lake-71-000

Brookings

Campbell

MBS-Lake-234-000

East 81 Lake

MBS-Lake-233-001

Goldsmith

MBS-Lake-236-000

Hendricks

LQP-Lake-23-000

Johnson Pond, also known as Interstate Urban Fishing Pond

MBS-Lake-278-000

Oak

LQP-Lake-68-000

East Oakwood

MBS-Lake-215-001

North Oakwood, also known as Johnson Lake

MBS-Lake-215-702

West Oakwood, also known as Tetonkaha

MBS-Lake-215-700

Sinai

MBS-Lake-232-000

Brown

Elm

ELM-Lake-5-000

1,4

Elm River No. 1

ELM-Lake-190-001

1,6

Elm River No, 2, also known as Ordway Dam

ELM-Lake-190-000

1,6

Elm River No. 4

ELM-Lake-190-002

1,6

Frederick

ELM-Lake-189-000

Pigors

MUD-Lake-281-000

Richmond

UJA-Lake-831-000

Sand, which includes Mud Lake and Columbia Road Reservoirs

UJA-Lake-803-000

Tacoma Park

UJA-Lake-1218-000

Tollefson

MJA-Lake-343-000

Wiley Park

UJA-Lake-836-000

Willow Creek Dam

ELM-Lake-11-000

1,5

Brule

American

FTR-Lake-5577-000

Sharping

FTR-Lake-5167-000

Sixteen

FTR-Lake-5436-000

Wanalain

FTR-Lake-5333-000

Wells

CRW-Lake-141-000

Buffalo

Koch

CRW-Lake-454-000

Butte

Newell

LBF-Lake-528-000

Newell City Pond

LBF-Lake-479-000

Orman Dam, also known as Belle Fourche Reservoir

LBF-Lake-768-000

4,10

Campbell

WMC-Lake-891-000

Chester, also known as Boor

ULO-Lake-460-000

Pocasse

ULO-Lake-302-000

Charles Mix

Academy

FTR-Lake-5208-000

Andes

FTR-Lake-6099-000

Dante

LCL-Lake-33-000

Dowd

FTR-Lake-6087-000

Geddes

FTR-Lake-6083-000

Platte

FTR-Lake-5745-000

Song Hawk

LCL-Lake-47-000

Wagner

LCL-Lake-64-001

Clark

Antelope Lake

MBS-Lake-65-701

Bailey

UBS-Lake-88-000

Fordham

MJA-Lake-91-000

Indian Springs

MBS-Lake-65-000

Logan, also known as Paine

MJA-Lake-188-000

Reid

UBS-Lake-76-000

Round

UBS-Lake-76-001

Willow

MBS-Lake-121-003

Clay

Burbank

LCL-Lake-52-000

Codington

Bramble Pond

UBS-Lake-639-000

Dry

UBS-Lake-106-001

Grass

UBS-Lake-106-000

Kampeska

UBS-Lake-171-000

1,4

Kampeska Trout Pond

UBS-Lake-171-001

Pelican

UBS-Lake-173-000

Punished Woman

UMN-Lake-610-000

Round

UMN-Lake-610-001

Corson

Bohle

GRA-Lake-632-000

East McIntosh

GRA-Lake-16-000

East Morristown, also known as Railroad Dam

CED-Lake-55-000

Kellers

ULO-Lake-74-000

Mallard

GRA-Lake-993-000

McGee

GRA-Lake-513-000

West McIntosh

GRA-Lake-184-000

West Morristown

CED-Lake-41-000

Pudwell, also known as McCarthy

GRA-Lake-511-000

Tetanka

GRA-Lake-914-000

Trail City

ULO-Lake-765-000

Custer

Berner Dam

MCS-Lake-165-000

Bitmore, also known as Lakota

MCS-Lake-2-000

Bismarck

MCS-Lake-7-000

Butler

MCS-Lake-17-000

Center

MCS-Lake-1-000

Custer Municipal

MCS-Lake-24-000

Legion

MCS-Lake-3-000

Pilgrim

MCS-Lake-182-000

Stockade

MCS-Lake-12-000

Sylvan

MCS-Lake-4-000

Davison

Mitchell

LJA-Lake-623-000

1,4

Day

Amsden

MUD-Lake-22-000

Anderson

UBS-Lake-248-000

Bitter

UBS-Lake-409-000

Blue Dog

UBS-Lake-411-003

Campbell Slough

UBS-Lake-196-001

Enemy Swim

UBS-Lake-196-000

Minnewasta

UBS-Lake-411-705

North Waubay

UBS-Lake-411-700

Pickeral

UBS-Lake-358-000

Pierpont

MUD-Lake-43-000

Rush

UBS-Lake-411-001

South Waubay

UBS-Lake-411-000

Unnamed lake west of Bristol in Sections 26, 27 and 35 in T122N,

R58W

MUD-Lake-351-002 and 011

Deuel

Alice

UMN-Lake-710-000

Briggs

LQP-Lake-6-000

Bullhead

UBS-Lake-320-000

Clear

MBS-Lake-138-000

Cochrane

LQP-Lake-56-000

Coteau South

MBS-Lake-131-000

Fish

LQP-Lake-14-000

Francis

LQP-Lake-34-000

Ketchum

MBS-Lake-133-000

Lone Tree

LQP-Lake-1-000

Oliver

LQP-Lake-8-000

Round

UBS-Lake-320-001

School

UBS-Lake-322-001

Dewey

Adams

LMO-Lake-871-000

Dewberry

LMO-Lake-1087-000

Eagle Butte

LMO-Lake-999-000

Firesteel

GRA-Lake-525-000

Isabel

GRA-Lake-613-000

1,4

Jewett

LMO-Lake-831-000

Lantry

LMO-Lake-755-000

Little Moreau No. 1

LMO-Lake-1058-000

Little Moreau No. 2

LMO-Lake-1057-000

Little Moreau No. 3

LMO-Lake-1106-000

Peach

LMO-Lake-767-000

Rockcowen

LMO-Lake-759-000

Douglas

Armour Kids Fishing Pond

LCL-Lake-21-000

Corsica

LCL-Lake-16-000

Edmunds

Bowdle-Hosmer

WMC-Lake-125-000

Kraft

NFS-Lake-918-000\

Loyalton, also known as Stafford

NFS-Lake-874-000

North Scatterwood

SNK-Lake-435-000

Mina, also known as Parmley

SNK-Lake-23-001

Picton

NFS-Lake-1008-000

Rosette

SNK-Lake-26-000

Fall River

Angostura

ANR-Lake-4-000

4,10

Bochart

MCS-Lake-180-000

Coffee

ANR-Lake-62-000

Coldbrook

MCS-Lake-5-000

Cottonwood Springs

MCS-Lake-6-000

Crow, also known as Crowe

HAT-Lake-6-000

Dukes

HAT-Lake-26-000

Ebersol

MCS-Lake-91-000

Edgemont Airport North Pond

ANR-Lake-72-000

Edgemont Airport South Pond

ANR-Lake-72-001

Ellison

ANR-Lake-74-000

Fiddle Creek Dam

ANR-Lake-50-000

Five, also known as Fire

ANR-Lake-75-000

Indians South 1

HAT-Lake-25-000

Limestone Butte, also known as Oelrichs Dam

UWH-Lake-6-000

Old Pioneer

UWH-Lake-139-000

Otto

ANR-Lake-68-000

Ray

MCS-Lake-179-000

Sandoz

UWH-Lake-85-000

Sherberth

MCS-Lake-167-000

Sides

MCS-Lake-130-000

South East Highway Canyon

UWH-Lake-53-000

Vanderberg

MCS-Lake-181-000

White

MCS-Lake-76-000

Williams

ANR-Lake-22-000

Faulk

Cresbard

NFS-Lake-820-000

Faulkton

SNK-Lake-196-000

Hamak

NFS-Lake-826-000

Latham

SNK-Lake-202-000

Scatterwoods, also known as Scatterwood South

SNK-Lake-435-001

Voegler

SNK-Lake-209-000

Grant

Blue Cloud Abbey

UMN-Lake-827-000

Farley

UMN-Lake-517-000

Hunter Granite Quarry

UMN-Lake-850-000

LaBolt

UMN-Lake-1584-000

Summit

UMN-Lake-697-000

Gregory

Berry

PON-Lake-89-000

Burch, also known as Dixon

FTR-Lake-5039-000

Burke

FTR-Lake-3197-000

Fairfax

FTR-Lake-5880-000

Herrick, also known as Spendor

PON-Lake-75-000

Ponca, also known as Indian

PON-Lake-142-000

Star

PON-Lake-222-000

Haakon

Kroetche

LCH-Lake-374-000

Ottumwa

BAD-Lake-1145-000

Sunshine

BAD-Lake-204-000

Waggoner

BAD-Lake-2426-000

1,4

Hamlin

Clear

UBS-Lake-175-001

Dry

MBS-Lake-405-001

Florence

MBS-Lake-405-002

John, also known as St. John

MBS-Lake-176-701

Marsh

MBS-Lake-160-000

Mary

MBS-Lake-176-002

Norden

MBS-Lake-176-001

Poinsett

MBS-Lake-405-000

Hand

Crystal City Park

TUR-Lake-65-000

Dakotah

TUR-Lake-14-000

Jones

TUR-Lake-64-000

Louise

TUR-Lake-155-000

Pearl

MJA-Lake-28-000

Rose Hill

MJA-Lake-614-000

Hanson

Alexandria Quarry

LJA-Lake-565-000

Eli

LJA-Lake-678-000

Ethan

LJA-Lake-621-000

Fulton

LJA-Lake-539-000

Hanson

LJA-Lake-425-000

Long

LJA-Lake-714-000

Harding

Buffalo, also known as Gardner

SFG-Lake-581-000

Hanson

NFG-Lake-184-000

Jacobi

SFG-Lake-64-000

Ledger East

SFM-Lake-64-000

Ledger West

SFM-Lake-563-000

Painter

ULM-Lake-220-000

Phillips

UMO-Lake-561-000

Rabbit Creek Dam

UMO-Lake-567-000

Vessey Dam

NFG-Lake-295-000

Hutchinson

Dimock

LJA-Lake-34-000

Menno

LJA-Lake-52-000

Silver

VER-Lake-103-000

Tripp

LCL-Lake-24-000

Hyde

Boehm

CRW-Lake-891-000

Chapelle

FTR-Lake-3578-001

Holabird

MKN-Lake-242-000

Mission, also known as Stephan or as Ambrose

CRW-Lake-1035-000

Peno

CRW-Lake-48-000

Quirk

CRW-Lake-843-000

Jackson

Andrews

BAD-Lake-850-000

Bashen, also known as Bresham

BAD-Lake-854-000

Belevidere

BAD-Lake-1438-000

Brooke No. 1

BAD-Lake-1301-000

Cottonwood Range

BAD-Lake-903-000

Ditmar, also known as Dithmer

MWH-Lake-239-000

Freeman

BAD-Lake-1459-000

Kadoka

BAD-Lake-2118-000

May

MWH-Lake-295-000

Poor Bear

MWH-Lake-60-000

Wheeler No. 1

BAD-Lake-2639-000

Wheeler No. 2

BAD-Lake-2288-000

Jerauld

Crow

CRW-Lake-767-000

Jones

Draper Dam

MED-Lake-32-000

Murdo

BAD-Lake-2898-000

Murdo Railroad Dam

LWH-Lake-1079-002

National Grasslands Trout Dam

Okaton

BAD-Lake-2188-000

Richland

BAD-Lake-280-000

Kingsbury

Agnew

MJA-Lake-419-000

Albert

MBS-Lake-176-000

Arlington Kid's Pond

MBS-Lake-624-000

Badger

MBS-Lake-12-000

Cherry

LKT-Lake-96-000

Henry

LKT-Lake-55-003

Iroquois

MJA-Lake-640-000

Osceola

MJA-Lake-322-000

Spirit

LKT-Lake-95-000

Thisted

MBS-Lake-11-000

Thompson

LKT-Lake-55-000

West 81 Lake, also known as Twin

MBS-Lake-233-000

Whitewood

LKT-Lake-55-002

Lake

Badus

MBS-Lake-238-000

Bourne Slough

LBS-Lake-135-004

Brandt

LBS-Lake-135-001

Green

MBS-Lake-221-000

Herman

LBS-Lake-136-000

Long

LBS-Lake-137-000

Madison

LBS-Lake-135-000

Mud Lakes

MBS-Lake-243-000

Round

LBS-Lake-135-002

Winfred

VER-Lake-134-000

Lawrence

Columbia

RED-Lake-24-000

Coxes

RED-Lake-6-000

1,2

Dalton

MCE-Lake-3-000

Dumont Ponds

RAP-Lake-35-000

Iron Creek

RED-Lake-8-000

Mirror 1

RED-Lake-5-000

Mirror 2

RED-Lake-5-001

Reausaw

MCE-Lake-4-000

Roubaix

MCE-Lake-5-000

Strawberry Hill Pond

LBF-Lake-800-000

Swede Gulch Beaver Pond

RAP-Lake-57-000

Yates Ponds

RED-Lake-10-000

Lincoln

Alvin

LBS-Lake-180-000

Pattee Creek Watershed Reservoir No. 1, also known as Lakota

LBS-Lake-181-000

Pattee Creek Watershed Reservoir No. 2

LBS-Lake-42-000

Lyman

Brakke

MED-Lake-667-000

Byre

MED-Lake-25-000

Dybing

MED-Lake-654-000

Fate

MED-Lake-638-000

Fenenga

FTR-Lake-6328-000

Jackson

LWH-Lake-2307-000

Kennebec

MED-Lake-760-000

Knudtson

MED-Lake-564-000

Larson

FTR-Lake-4666-000

National Grasslands Dam (Ft. Pierre National Grassland Dam), also known as Trout

BAD-Lake-320-000

Reliance

FTR-Lake-3897-000

McCook

Baureles, also known as Schultz

LJA-Lake-751-001

Forsch

LJA-Lake-749-000

Gross

LJA-Lake-745-000

Jansen

LJA-Lake-298-000

Lerhman

LJA-Lake-725-000

Sabers

LJA-Lake-374-000

Schimmels

LJA-Lake-743-001

Tuschens

LJA-Lake-743-000

Vermillion

VER-Lake-62-000

McPherson

Eureka No. 1

WMC-Lake-1372-002

Eureka No. 2

WMC-Lake-1372-000

Hillview

WMC-Lake-133-002

Leola

UJA-Lake-756-000

Long

WMC-Lake-521-000

Rau, also known as Rath

WMC-Lake-774-003

Twin

WMC-Lake-526-000

Wolff

ULO-Lake-683-000

Marshall

Abraham

WWR-Lake-260-000

Almos

UJA-Lake-917-701

Buffalo North

UJA-Lake-917-800

Buffalo South

UJA-Lake-917-000

Bullhead

UJA-Lake-866-022

Cattle/Kettle Lake System

UJA-Lake-866-000

Clear

UJA-Lake-917-001

Cottonwood

UJA-Lake-882-000

Crystal, also known as Howley

UJA-Lake-416-000

Dumarce

UJA-Lake-881-000

Emma

UJA-Lake-60-000

Flat

WWR-Lake-78-000

Four Mile

UJA-Lake-866-007

Goodbird

UJA-Lake-890-000

Grays, also known as Grey

UJA-Lake-891-000

Hickman

UJA-Lake-458-000

High

WWR-Lake-63-000

Hills

UMN-Lake-304-000

Hoop

UJA-Lake-880-001

Horseshoe

UJA-Lake-866-015

Isabella

UJA-Lake-917-005

Island

UJA-Lake-900-000

Long

UJA-Lake-892-000

Lost

UJA-Lake-866-021

Martha

UJA-Lake-967-000

Mud

UJA-Lake-891-001

Nine Mile

UJA-Lake-882-001

Red Iron North

UJA-Lake-917-004

Red Iron South

UJA-Lake-917-002

Roy

UJA-Lake-866-001

Sarah

UJA-Lake-329-000

Simons

UJA-Lake-259-000

Six Mile

UJA-Lake-882-005

Turtle Foot

UMN-Lake-305-000

Two Island

UJA-Lake-882-006

White

WWR-Lake-42-000

Meade

Bear Butte

LBF-Lake-42-000

Bonita

LBF-Lake-403-000

Choate

CHE-Lake-204-000

Curlew

MCE-Lake-6-000

Durkee

CHE-Lake-516-000

1,4

Follet

LBF-Lake-100-000

Ft. Meade Bureau of Land Management

LBF-Lake-43-000

Herford

LBF-Lake-516-000

Lundgren

LBF-Lake-208-000

Maurine

UMO-Lake-256-000

Mud Butte

CHE-Lake-111-000

Opal

CHE-Lake-200-000

Pinnocle

CHE-Lake-147-000

Red Owl

CHE-Lake-179-000

Sulphur

CHE-Lake-54-000

Tisdale

MCE-Lake-44-000

Mellette

Blackpipe

MWH-Lake-255-000

Deiss

LIW-Lake-21-000

Rohloff

LIW-Lake-43-000

Sinclair

LWH-Lake-2311-000

White River, also known as Putranele

LIW-Lake-207-000

Miner

Carthage

MJA-Lake-598-000

Minnehaha

Baltic

LBS-Lake-276-000

Beaver

LBS-Lake-70-000

Clear

LBS-Lake-232-000

Covell

LBS-Lake-90-000

Dell Rapids

LBS-Lake-289-000

Diamond

LBS-Lake-223-000

Garretson

LBS-Lake-287-000

Grass

LBS-Lake-82-000

Island

LBS-Lake-213-000

Loss

VER-Lake-10-000

Lost

LBS-Lake-60-000

Scott

LBS-Lake-65-000

Twin Lakes

LBS-Lake-204-000

Wall

LBS-Lake-95-000

Moody

Allen

LBS-Lake-123-000

Flandreau

LBS-Lake-110-001

Lester Anderson GPA

LBS-Lake-225-000

6, no 7

Pennington

Alexander, also known as Medicine Mountain Boy Scout Camp

MCS-Lake-72-000

Big Foot

BAD-Lake-2220-000

Bloom

BAD-Lake-482-000

Bruce

MCE-Lake-54-000

Canyon

RAP-Lake-3-000

1,2

Caspers Dam

BAD-Lake-2647-000

Cement Plant

RAP-Lake-34-000

Conata

MWH-Lake-402-000

Deerfield

RAP-Lake-31-000

Eisenbaum

LCH-Lake-627-000

Farmingdale Dam

RAP-Lake-56-000

Farmingdale National Grasslands

RAP-Lake-8-000

Gage

BAD-Lake-484-000

Hamann

LCH-Lake-54-000

Hanlon

MCS-Lake-184-000

Hoffman

LCH-Lake-71-000

Horsethief

MCS-Lake-8-000

Imby

UWH-Lake-151-000

Johnson

BAD-Lake-476-000

Kellam Dam

MCE-Lake-108-000

Koopman Dam

MCS-Lake-40-000

Major

MCS-Lake-9-000

Mako Sica

MCE-Lake-56-000

Missile Allotment

BAD-Lake-2213-000

New Underwood

MCE-Lake-8-000

New Wall No. 1

MCE-Lake-9-000

Newton Fork

MCS-Lake-10-000

North White Water

BAD-Lake-1907

Old Wall

MCE-Lake-214-000

Owonka

MCE-Lake-219-000

Pactola

RAP-Lake-1-000

1,2,10

Pierce

LCH-Lake-108-000

Quinn Dam

BAD-Lake-613-000

Quinn Township Dam

BAD-Lake-2236-000

Rapid City

RAP-Lake-27-000

Richardson

LCH-Lake-159-000

Roosevelt Pond

RAP-Lake-37-000

Scanlon

MCS-Lake-48-000

Schroeder

LCH-Lake-626-000

Schulte

MCE-Lake-217-000

Sheridan

MCS-Lake-11-000

Slate Creek

RAP-Lake-33-000

Smith Dam

LCH-Lake-73-000

Table 71 Dam

MCE-Lake-116-000

Tennyson Dam

BAD-Lake-2235-000

Teuber Dam

LCH-Lake-94-000

U.S.D.A. Trout Dam

BAD-Lake-3556-000

White

MCE-Lake-134-000

Wicksville

MCE-Lake-10-000

Perkins

Ada Dam

UMO-Lake-354-000

Coal Springs

LMO-Lake-1689-000

Cole

SFG-Lake-913-000

Dam No. 73 (on National Grasslands)

SFG-Lake-1020-000

Flat Creek

GRA-Lake-767-000

Imogene

UMO-Lake-224-000

Jensen

SFG-Lake-902-000

Johnson

NFG-Lake-81-000

Lemmon State

GRA-Lake-392-000

Lewton

SFG-Lake-873-000

Marshfield

SFG-Lake-897-000

Meadow

SFG-Lake-983-000

Owen Lake

LMO-Lake-397-000

Peck

GRA-Lake-1002-000

Perkins

LMO-Lake-408-001

Reidy

GRA-Lake-92-000

Robotham

LMO-Lake-408-000

Seymour

UMO-Lake-40-000

Shadehill

SFG-Lake-1017-000

4,10

Sorum Dam

UMO-Lake-25-000

Viking

NFG-Lake-166-000

Vobedja

NFG-Lake-132-000

Week's Dam

SFG-Lake-747-000

White Butte

GRA-Lake-683-000

Whitehill

SFG-Lake-752-000

Potter

Gorman

LLO-Lake-2397-000

Hurley

LLO-Lake-2201-000

Potts

LLO-Lake-2378-000

Simon

LLO-Lake-2144-000

Roberts

Big Stone

UMN-Lake-720-000

4,10

Drywood North

UMN-Lake-476-000

Drywood South

UMN-Lake-476-005

Hurricane

UBS-Lake-207-000

Mud

BDS-Lake-182-000

One Road

UBS-Lake-345-031

Traverse

BDS-Lake-181-000

4,10

Whitestone

UMN-Lake-667-000

Sanborn

Letcher

LJA-Lake-653-000

Prior, also known as Woonsocket City Park

LJA-Lake-531-000

Twin

LJA-Lake-290-000

Oglala Lakota

Denby

UWH-Lake-25-000

Kyle

UWH-Lake-17-000

Oglala

UWH-Lake-101-000

White Clay

UWH-Lake-1-000

Spink

Bierman

SNK-Lake-372-000

Cottonwood

TUR-Lake-498-000

Dudley

MJA-Lake-461-000

Mirage Dam

MJA-Lake-605-000

Redfield

TUR-Lake-1-000

Timber Creek Dam

MJA-Lake-644-000

Twin

TUR-Lake-589-000

Stanley

Hayes

BAD-Lake-3119-000

Red Plum

BAD-Lake-3555-000

Smith Pond (Ft. Pierre National Grassland)

FTR-Lake-3716-000

Sully

Cottonwood

LLO-Lake-2428-000

Fuller

LLO-Lake-2464-000

Okobojo

LLO-Lake-2524-000

6,10

Post

MKN-Lake-148-000

Sully

LLO-Lake-2457-000

Todd

Beads

LIW-Lake-161-000

Boarding School

KYP-Lake-4-000

Chases Woman

LIW-Lake-110-000

Colombe

KYP-Lake-2-000

Eagle Feather, also known as Parmlee

LIW-Lake-23-000

Enemy Woman

LWH-Lake-1878-000

Ghost Hawk

LIW-Lake-106-000

He Dog

LIW-Lake-25-000

Heifer

LIW-Lake-105-000

Hidden Timber

KYP-Lake-34-000

Indian Scout

LIW-Lake-107-000

Ironwood

LIW-Lake-109-000

Omaha Boy

LIW-Lake-283-000

Rosebud

LIW-Lake-108-000

Sharps

Swift Bear

LIW-Lake-123-000

Tripp

Beaulieu

LWH-Lake-458-000

Big Dog Ear

KYP-Lake-4-000

Carter

LWH-Lake-2310-000

Dog Ear

KYP-Lake-116-000

Irwin

FTR-Lake-3116-000

King

LWH-Lake-529-000

Lone Tree

LWH-Lake-126-000

Rahn

KYP-Lake-122-000

Roosevelt

PON-Lake-203-000

Sinkler

LWH-Lake-1372-000

Snow

LWH-Lake-801-000

Sully

FTR-Lake-5029-000

Sundahl

KYP-Lake-95-000

Witten

LWH-Lake-2309-000

Woolheizer

KYP-Lake-136-000

Turner

Marion Kid's Pond

VER-Lake-293-000

Swan

VER-Lake-113-000

Union

Cole

LBS-Lake-283-000

McCook

LCL-Lake-5-000

Mud

LCL-Lake-74-000

8 only

Nixon

LBS-Lake-233-000

Walworth

Hiddenwood

WMC-Lake-1312-000

Molstad

ULO-Lake-370-000

Spring

LLO-Lake-239-000

Swan

LLO-Lake-512-000

Yankton

Beaver, also known as State

LJA-Lake-371-000

Marindahl

VER-Lake-276-000

Westside Kid's Pond

LCL-Lake-69-000

Yankton

LCL-Lake-72-000

Ziebach

Bedner

LMO-Lake-29-000

Buffalo

LCH-Lake-204-000

Glad Valley

GRA-Lake-271-000

Matter

LMO-Lake-197-000

Miller

LCH-Lake-541-000

Trent Dam

LMO-Lake-677-000

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:03:04, effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:03:04, July 1, 1996; 41 SDR 109, effective January 12, 2015; SL 2015, ch 56, § 1, effective May 1, 2015; 47 SDR 110, effective April 27, 2021; 49 SDR 96, effective May 14, 2023.
General Authority: SDCL 34A-2-10, 34A-2-11, 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.

ARSD 74:51:02:05 Repealed

Beadle County, uses of certain lakes.** Repealed.

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:03:05, effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:03:05, July 1, 1996; repealed, 41 SDR 109, effective January 12, 2015.

ARSD 74:51:02:06 Repealed

Bennett County, uses of certain lakes.** Repealed.

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:03:06, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:03:06, July 1, 1996; repealed, 41 SDR 109, effective January 12, 2015.

ARSD 74:51:02:07 Repealed

Bon Homme County, uses of certain lakes.** Repealed.

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:03:07, effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:03:07, July 1, 1996; repealed, 41 SDR 109, effective January 12, 2015.

ARSD 74:51:02:08 Repealed

Brookings County, uses of certain lakes.** Repealed.

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:03:08, effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:03:08, July 1, 1996; 24 SDR 10, effective July 20, 1997; 35 SDR 253, effective May 12, 2009; repealed, 41 SDR 109, effective January 12, 2015.

ARSD 74:51:02:09 Repealed

Brown County, uses of certain lakes.** Repealed.

History

Source: SL 1975, ch 16, § 1; transferred from § 34:04:03:09, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:03:09, July 1, 1996; repealed, 41 SDR 109, effective January 12, 2015.

ARSD 74:51:02:10 Repealed

Brule County, uses of certain lakes.** Repealed.

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:03:10, effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:03:03:10, July 1, 1996; 24 SDR 10, effective July 20, 1997; repealed, 41 SDR 109, effective January 12, 2015.

ARSD 74:51:02:11 Repealed

Buffalo County, uses of certain lakes.** Repealed.

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:03:11, effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:03:03:11, July 1, 1996; 35 SDR 253, effective May 12, 2009; repealed, 41 SDR 109, effective January 12, 2015.

ARSD 74:51:02:12 Repealed

Butte County, uses of certain lakes.** Repealed.

History

Source: SL 1975, ch 16, § 1; transferred from § 34:04:03:12, effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:03:12, July 1, 1996; repealed, 41 SDR 109, effective January 12, 2015.

ARSD 74:51:02:13 Repealed

Campbell County, uses of certain lakes.** Repealed.

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:03:13, effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:03:13, July 1, 1996; repealed, 41 SDR 109, effective January 12, 2015.

ARSD 74:51:02:14 Repealed

Charles Mix County, uses of certain lakes.** Repealed.

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:03:14, effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:03:03:14, July 1, 1996; repealed, 41 SDR 109, effective January 12, 2015.

ARSD 74:51:02:15 Repealed

Clark County, uses of certain lakes.** Repealed.

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:03:15, effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:03:15, July 1, 1996; 24 SDR 10, effective July 20, 1997; repealed, 41 SDR 109, effective January 12, 2015.

ARSD 74:51:02:16 Repealed

Clay County, uses of Burbank Lake.** Repealed.

History

Source: SL 1975, ch 16, § 1; transferred from § 34:04:03:16, effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:03:03:16, July 1, 1996; repealed, 41 SDR 109, effective January 12, 2015.

ARSD 74:51:02:17 Repealed

Codington County, uses of certain lakes.** Repealed.

History

Source: SL 1975, ch 16, § 1; transferred from § 34:04:03:17, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:03:03:17, July 1, 1996; 24 SDR 10, effective July 20, 1997; repealed, 41 SDR 109, effective January 12, 2015.

ARSD 74:51:02:18 Repealed

Corson County, uses of certain lakes.** Repealed.

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:03:18, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:03:18, July 1, 1996; 24 SDR 10, effective July 20, 1997; repealed, 41 SDR 109, effective January 12, 2015.

ARSD 74:51:02:19 Repealed

Custer County, uses of certain lakes.** Repealed.

History

Source: SL 1975, ch 16, § 1; transferred from § 34:04:03:19, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:03:19, July 1, 1996; repealed, 41 SDR 109, effective January 12, 2015.

ARSD 74:51:02:20 Repealed

Davison County, uses of Mitchell Lake.** Repealed.

History

Source: SL 1975, ch 16, § 1; transferred from § 34:04:03:20, effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:03:03:20, July 1, 1996; repealed, 41 SDR 109, effective January 12, 2015.

ARSD 74:51:02:21 Repealed

Day County, uses of certain lakes.** Repealed.

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:03:21, effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:03:21, July 1, 1996; 24 SDR 10, effective July 20, 1997; 35 SDR 253, effective May 12, 2009; repealed, 41 SDR 109, effective January 12, 2015.

ARSD 74:51:02:22 Repealed

Deuel County, uses of certain lakes.** Repealed.

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:03:22, effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:03:22, July 1, 1996; 24 SDR 10, effective July 20, 1997; repealed, 41 SDR 109, effective January 12, 2015.

ARSD 74:51:02:23 Repealed

Dewey County, uses of certain lakes.** Repealed.

History

Source: SL 1975, ch 16, § 1; transferred from § 34:04:03:23, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 19 SDR 111, effective January 31, 1993: transferred from § 74:03:03:23, July 1, 1996; repealed, 41 SDR 109, effective January 12, 2015.

ARSD 74:51:02:24 Repealed

Douglas County, uses of certain lakes.** Repealed.

History

Source: SL 1975, ch 16, § 1; transferred from § 34:04:03:24, effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:03:03:24, July 1, 1996; repealed, 41 SDR 109, effective January 12, 2015.

ARSD 74:51:02:25 Repealed

Edmunds County, uses of certain lakes.** Repealed.

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:03:25, effective July 1, 1979; 7 SDR 77, effective February 19, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:03:03:25, July 1, 1996; 35 SDR 253, effective May 12, 2009; repealed, 41 SDR 109, effective January 12, 2015.

ARSD 74:51:02:26 Repealed

Fall River County, uses of certain lakes.** Repealed.

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:03:26, effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:03:26, July 1, 1996; 24 SDR 10, effective July 20, 1997; 35 SDR 253, effective May 12, 2009; repealed, 41 SDR 109, effective January 12, 2015.

ARSD 74:51:02:27 Repealed

Faulk County, uses of certain lakes.** Repealed.

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:03:27, effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:03:03:27, July 1, 1996; repealed, 40 SDR 109, effective January 12, 2015.

ARSD 74:51:02:28 Repealed

Grant County, uses of certain lakes.** Repealed.

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:03:28, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:03:28, July 1, 1996; repealed, 41 SDR 109, effective January 12, 2015.

ARSD 74:51:02:29 Repealed

Gregory County, uses of certain lakes.** Repealed.

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:03:29, effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:03:29, July 1, 1996; repealed, 41 SDR 109, effective January 12, 2015.

ARSD 74:51:02:30 Repealed

Haakon County, uses of certain lakes.** Repealed.

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:03:30, effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:03:03:30, July 1, 1996; repealed, 41 SDR 109, effective January 12, 2015.

ARSD 74:51:02:31 Repealed

Hamlin County, uses of certain lakes.** Repealed.

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:03:31, effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:03:03:31, July 1, 1996; repealed, 41 SDR 109, effective January 12, 2015.

ARSD 74:51:02:32 Repealed

Hand County, uses of certain lakes.** Repealed.

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:03:32, effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:03:03:32, July 1, 1996; repealed, 41 SDR 109, effective January 12, 2015.

ARSD 74:51:02:33 Repealed.

Hanson County, uses of certain lakes.** Repealed.

History

Source: SL 1975, ch 16, § 1; transferred from § 34:04:03:33, effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:03:33, July 1, 1996; repealed, 41 SDR 109, effective January 12, 2015.

ARSD 74:51:02:34 Repealed

Harding County, uses of certain lakes.** Repealed.

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:03:34, effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:03:34, July 1, 1996; repealed, 41 SDR 109, effective January 12, 2015.

ARSD 74:51:02:35 Repealed

Hughes County, uses of Woodruff Lake.** Repealed.

History

Source: SL 1975, ch 16, § 1; transferred from § 34:04:03:35, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:03:03:35, July 1, 1996; repealed, 35 SDR 253, effective May 12, 2009.

ARSD 74:51:02:36 Repealed

Hutchinson County, uses of certain lakes.** Repealed.

History

Source: SL 1975, ch 16, § 1; transferred from § 34:04:03:36, effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:03:36, July 1, 1996; repealed, 41 SDR 109, effective January 12, 2015.

ARSD 74:51:02:37 Repealed

Hyde County, uses of certain lakes.** Repealed.

History

Source: SL 1975, ch 16, § 1; transferred from § 34:04:03:37, effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:03:37, July 1, 1996; repealed, 41 SDR 109, effective January 12, 2015.

ARSD 74:51:02:38 Repealed

Jackson County, uses of certain lakes.** Repealed.

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:03:38, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:03:03:68, 14 SDR 86, effective December 24, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:03:38, July 1, 1996; repealed, 41 SDR 109, effective January 12, 2015.

ARSD 74:51:02:39 Repealed

Jerauld County, uses of Crow Lake.** Repealed.

History

Source: SL 1975, ch 16, § 1; transferred from § 34:04:03:39, effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:03:39, July 1, 1996; repealed, 41 SDR 109, effective January 12, 2015.

ARSD 74:51:02:40 Repealed

Jones County, uses of certain lakes.** Repealed.

History

Source: SL 1975, ch 16, § 1; transferred from § 34:04:03:40, effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 19 SDR 111, effective January 23, 1993; transferred from § 74:03:03:40, July 1, 1996; 35 SDR 253, effective May 12, 2009; repealed, 41 SDR 109, effective January 12, 2015.

ARSD 74:51:02:41 Repealed

Kingsbury County, uses of certain lakes.** Repealed.

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:03:41, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:03:41, July 1, 1996; 35 SDR 253, effective May 12, 2009; repealed, 41 SDR 109, effective January 12, 2015.

ARSD 74:51:02:42 Repealed

Lake County, uses of certain lakes.** Repealed.

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:03:42, effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:03:42, July 1, 1996; repealed, 41 SDR 109, effective January 12, 2015.

ARSD 74:51:02:43 Repealed

Lawrence County, uses of certain lakes.** Repealed.

History

Source: SL 1975, ch 16, § 1; transferred from § 34:04:03:43, effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:03:43, July 1, 1996; 35 SDR 253, effective May 12, 2009; repealed, 41 SDR 109, effective January 12, 2015.

ARSD 74:51:02:44 Repealed

Lincoln County, uses of certain lakes.** Repealed.

History

Source: SL 1975, ch 16, § 1; transferred from § 34:04:03:44, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:03:44, July 1, 1996; repealed, 41 SDR 109, effective January 12, 2015.

ARSD 74:51:02:45 Repealed

Lyman County, uses of certain lakes.** Repealed.

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:03:45, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:03:45, July 1, 1996; 35 SDR 253, effective May 12, 2009; repealed, 41 SDR 109, effective January 12, 2015.

ARSD 74:51:02:46 Repealed

McCook County, uses of certain lakes.** Repealed.

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:03:46, effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:03:46, July 1, 1996; repealed, 41 SDR 109, effective January 12, 2015.

ARSD 74:51:02:47 Repealed

McPherson County, uses of certain lakes.** Repealed.

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:03:48, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141 effective July 1, 1987; transferred from § 74:03:03:47, July 1, 1996; repealed, 41 SDR 109, effective January 12, 2015.

ARSD 74:51:02:48 Repealed

Marshall County, uses of certain lakes.** Repealed.

History

Source: SL 1975, ch; 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:03:48, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:03:48, July 1, 1996; 24 SDR 10, effective July 20, 1997; 35 SDR 253, effective May 12, 2009; repealed, 41 SDR 109, effective January 12, 2015.

ARSD 74:51:02:49 Repealed

Meade County, uses of certain lakes.** Repealed.

History

Source: SL 1975, ch 16, § 1; transferred from § 34:04:03:49, effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 86, effective December 24, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:03:49, July 1, 1996; repealed, 41 SDR 109, effective January 12, 2015.

ARSD 74:51:02:50 Repealed

Mellette County, uses of certain lakes.** Repealed.

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:03:50, effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:03:50, July 1, 1996; repealed, 41 SDR 109, effective January 12, 2015.

ARSD 74:51:02:51 Repealed

Miner County, uses of Carthage Lake.** Repealed.

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:03:51, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:03:03:51, July 1, 1996; repealed, 41 SDR 109, effective January 12, 2015.

ARSD 74:51:02:52 Repealed

Minnehaha County, uses of certain lakes.** Repealed.

History

Source: SL 1975, ch 16, § 1; transferred from § 34:04:03:52, effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:03:52, July 1, 1996; 35 SDR 253, effective May 12, 2009; repealed, 41 SDR 109, effective January 12, 2015.

ARSD 74:51:02:53 Repealed

Moody County, uses of certain lakes.** Repealed.

History

Source: SL 1975, ch 16, § 1; transferred from § 34:04:03:53, effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:03:53, July 1, 1996; repealed, 41 SDR 109, effective January 12, 2015.

ARSD 74:51:02:54 Repealed

Pennington County, uses of certain lakes.** Repealed.

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:03:54, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:03:03:54, July 1, 1996; 31 SDR 29, effective September 13, 2004; 35 SDR 253, effective May 12, 2009; repealed, 41 SDR 109, effective January 12, 2015.

ARSD 74:51:02:55 Repealed

Perkins County, uses of certain lakes.** Repealed.

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:03:55, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:03:03:55, July 1, 1996; 35 SDR 253, effective May 12, 2009; repealed, 41 SDR 109, effective January 12, 2015.

ARSD 74:51:02:56 Repealed

Potter County, uses of certain lakes.** Repealed.

History

Source: SL 1975, ch 16, § 1; transferred from § 34:04:03:56, effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:03:03:56, July 1, 1996; repealed, 41 SDR 109, effective January 12, 2015.

ARSD 74:51:02:57 Repealed

Roberts County, uses of certain lakes.** Repealed.

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:03:57, effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:03:03:57, July 1, 1996; repealed, 41 SDR 109, effective January 12, 2015.

ARSD 74:51:02:58 Repealed

Sanborn County, uses of certain lakes.** Repealed.

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:03:58, effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:03:58, July 1, 1996; 35 SDR 253, effective May 12, 2009; repealed, 41 SDR 109, effective January 12, 2015.

ARSD 74:51:02:59 Repealed

Shannon County, uses of certain lakes.** Repealed.

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:03:59, effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:03:03:59, July 1, 1996; repealed, 41 SDR 109, effective January 12, 2015.

ARSD 74:51:02:60 Repealed

Spink County, uses of certain lakes.** Repealed.

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:03:60, effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:03:03:60, July 1, 1996; 24 SDR 10, effective July 20, 1997; repealed, 41 SDR 109, effective January 12, 2015.

ARSD 74:51:02:61 Repealed

Stanley County, uses of certain lakes.** Repealed.

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:03:61, effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:03:03:61, July 1, 1996; repealed, 41 SDR 109, effective January 12, 2015.

ARSD 74:51:02:62 Repealed

Sully County, uses of certain lakes.** Repealed.

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:03:62, effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:03:03:62, July 1, 1996; repealed, 41 SDR 109, effective January 12, 2015.

ARSD 74:51:02:63 Repealed

Todd County, uses of certain lakes.** Repealed.

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:03:63, effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:03:03:63, July 1, 1996; repealed, 41 SDR 109, effective January 12, 2015.

ARSD 74:51:02:64 Repealed

Tripp County, uses of certain lakes.** Repealed.

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:03:64, effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:03:64, July 1, 1996; 31 SDR 29, effective September 13, 2004; repealed, 41 SDR 109, effective January 12, 2015.

ARSD 74:51:02:65 Repealed

Turner County, uses of certain lakes.** Repealed.

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:03:65, effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:03:65, July 1, 1996; repealed, 41 SDR 109, effective January 12, 2015.

ARSD 74:51:02:66 Repealed

Union County, uses of certain lakes.** Repealed.

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:03:66, effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:03:66, July 1, 1996; repealed, 41 SDR 109, effective January 12, 2015.

ARSD 74:51:02:67 Repealed

Walworth County, uses of certain lakes.** Repealed.

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:03:67, effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:03:67, July 1, 1996; 24 SDR 10, effective July 20, 1997; repealed, 41 SDR 109, effective January 12, 2015.

ARSD 74:51:02:68 Repealed

Yankton County, uses of certain lakes.** Repealed.

History

Source: SL 1975, ch 16, § 1; transferred from § 34:04:03:69, effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:03:69, July 1, 1996; 24 SDR 10, effective July 20, 1997; repealed, 41 SDR 109, effective January 12, 2015.

ARSD 74:51:02:69 Repealed

Ziebach County, uses of certain lakes.** Repealed.

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:03:70, effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:03:70, July 1, 1996; repealed, 41 SDR 109, effective January 12, 2015.

Chapter 74:51:03 Uses assigned to streams

ARSD 74:51:03:01 Beneficial uses of South Dakota streams to include irrigation and fish and wildlife propagation, recreation, and stock watering

All streams in South Dakota are assigned the beneficial uses of irrigation and fish and wildlife propagation, recreation, and stock watering. The classifications only designate the quality at which the waters are to be maintained and protected. Streams listed in this chapter may or may not be open to the public. Access to private property must be obtained from individual landowners.

History

Source: SL 1975, ch 16, § 1; transferred from § 34:04:04:01, effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:03:04:01, July 1, 1996; 25 SDR 98, effective January 27, 1999.
General Authority: SDCL 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.

ARSD 74:51:03:02 Beneficial uses of stream segments indicated by listings

Additional beneficial uses assigned to stream segments listed in §§ 74:51:03:04 to 74:51:03:27, inclusive, are indicated by the number of the beneficial use classifications listed below. Unless otherwise indicated, the entire course of a named stream is the segment with the designated use. The beneficial use classifications are as follows:

(1) Domestic water supply waters;

(2) Coldwater permanent fish life propagation waters;

(3) Coldwater marginal fish life propagation waters;

(4) Warmwater permanent fish life propagation waters;

(5) Warmwater semipermanent fish life propagation waters;

(6) Warmwater marginal fish life propagation waters;

(7) Immersion recreation waters;

(8) Limited-contact recreation waters;

(9) Fish and wildlife propagation, recreation, and stock watering waters;

(10) Irrigation waters; and

(11) Commerce and industry waters.

Cross-References: Beneficial use of waters established, § 74:51:01:42; Beneficial uses of lakes indicated by listings, § 74:51:02:03.

History

Source: SL 1975, ch 16, § 1; transferred from § 34:04:04:02, effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 86, effective December 24, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:04:02, July 1, 1996; 25 SDR 98, effective January 27, 1999.
General Authority: SDCL 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.

ARSD 74:51:03:03 Segment boundaries described

When section, range, and township are used in chapter 74:51:03 to describe the beginning or end point of a stream segment, the boundary of the segment is that point where the most downstream portion of the stream crosses the boundary of that section.

History

Source: 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:03:04:02.01, July 1, 1996.
General Authority: SDCL 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.

ARSD 74:51:03:04 Minnesota River's tributaries' uses

Stream segments covered by § 74:51:03:02 include the following tributaries of the Minnesota River:

Water Body

From

Beneficial Uses

County

West Fork Lac Qui Parle River, also known as Gary Creek

South Dakota border

S8, T115N, R47W of the fifth principal meridian.

3,8

Deuel

Florida Creek, also known as Cobb Creek

South Dakota border

S19, T115N, R47W

4,8

Deuel

Jorgenson River

Little Minnesota River

S5, T124N, R50

6,8

Roberts

Monighan Creek

South Dakota border

S31, T116N, R48W

3,8

Deuel

Whetstone River

South Dakota-Minnesota border

the confluence of its north and south forks

5,8

Grant

North Fork Whetstone River

Whetstone River

S.D. Highway 15

6,8

Roberts

Substation Creek

North Fork Whetstone River

U.S. Highway 81

3,8

Roberts

South Fork Whetstone River

Whetstone River

S22, T120N, R51W

6,8

Grant

North Fork Yellow Bank River

South Dakota-Minnesota border

S27, T120N, R48W

4,8

Grant

South Fork Yellow Bank River

South Dakota-Minnesota Border

S33, T118N, R49W

3,8

Grant

Mud Creek

South Fork Yellow Bank River

S22, T118N, R48W

6,8

Grant

Labolt Lake Creek

South Dakota-Minnesota Border

Labolt Lake outlet

5,8

Grant

Little Minnesota River

Big Stone Lake

S15, T128N, R52W

5,8

Roberts

Seiche Hollow Creek

Little Minnesota River

S36, T127N, R53W

3,8

Roberts

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:04:03, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 86, effective December 24, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:04:03, July 1, 1996; 24 SDR 10, effective July 20, 1997; 32 SDR 38, effective September 6, 2005; 35 SDR 253, effective May 12, 2009.
General Authority: SDCL 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.

ARSD 74:51:03:05 Missouri River and certain small tributaries' beneficial uses

Stream segments of the Missouri River and certain small tributaries covered by § 74:51:03:02 include the following:

Water Body

From

Beneficial Uses

County

Missouri River

Iowa Border

Oahe Dam

1,4,7,8,11

Hughes/Stanley

Missouri River

Oahe Dam

North Dakota border

1,2,7,8,11

Campbell\Corson

American Creek

Lake Francis Case

Lake Wanalin

6,8

Brule

American Crow Creek

Lake Francis Case

Interstate 90

6,8

Lyman

Bull Creek

Lake Frances Case

the confluence with the West Branch Bull Creek in S25, T100N, R74W

6,8

Tripp

West Branch Bull Creek

Bull Creek

S23, T99N, R74W of the fifth principal meridian

6,8

Tripp

Artichoke Creek

Lake Oahe

S35, T117N, R79W

6,8

Sully

Cedar Creek

Lake Sharpe

S22, T108N, R76W

6,8

Lyman

Chapelle Creek

Lake Sharpe

S36, T111N, R75W

6,8

Hughes

Choteau Creek

Lewis and Clark Lake

S34, T96N, R63W

5,8

Charles Mix

Dante Creek

Choteau Creek

Dante Lake

6,8

Charles Mix

Dry Choteau Creek

Choteau Creek

S.D. Highway 50

6,8

Charles Mix

Crow Creek

Lake Francis Case

S18, T107N, R67W

5,8

Jerauld

Elm Creek

Crow Creek

West Fork Elm Creek

6,8

Buffalo

West Fork Elm Creek

Elm Creek

Stephan Lake

6,8

Hyde

Smith Creek

Crow Creek

Crow Lake

6,8

Jerauld

Emanuel Creek

Lewis and Clark Lake

S20, T94N, R60W

5,8

Bon Homme

Little Cheyenne Creek

Lake Oahe

Lake Hurly

5,8

Potter

Medicine Creek

Lake Sharpe

U.S. Highway 83

6,8

Lyman

Medicine Knoll Creek

Lake Sharpe

confluence with its north and south forks

6,8

Hughes

North Fork Medicine Knoll Creek

confluence with South Fork Medicine Knoll Creek

S7, T114N, R74W

6,8

Sully

South Fork Medicine Knoll Creek

confluence with North Fork Medicine Knoll Creek

S16, T112N, R74W

6,8

Hughes

‎Oak Creek

Lake Oahe

S20, T21N, R28E

6,8

Corson

Okobojo Creek

Lake Oahe

U.S. Highway 83

6,8

Sully

Pease Creek

Lake Francis Case

Lake Geddes

6,8

Charles Mix

Platte Creek

Lake Francis Case

S21, T100N, R67W

6,8

Charles Mix

Ponca Creek

Nebraska border

U.S. Highway 183

5,8

Tripp

Willow Creek

Ponca Creek

S32, T96N, R70W

5,8

Gregory

Snake Creek (Charles Mix County)

Lake Francis Case

Lake Academy

6,8

Charles Mix

Snake Creek (Corson County)

Lake Oahe

Trail City R.R. Lake

6,8

Corson

Spring Creek

Lake Pocasse

U.S. Highway 83

5,8

Campbell

Spring Creek

U.S. Highway 83

State Highway 271

6,8

Campbell

Swan Creek

Lake Oahe

Rieger Creek

5,8

Walworth

Swan Creek

Rieger Creek

Swan Lake

6,8

Walworth

Rieger Creek

Swan Creek

S18, T122N, R76W

6,8

Walworth

South Fork Whetstone Creek

Lake Francis Case

Coon Creek

5,8

Gregory

Note: Certain other segments in the Missouri River Basin are covered in §§ 74:51:03:06 through 74:51:03:26, inclusive.

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:04:04, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 86, effective December 24, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:04:04, July 1, 1996; 24 SDR 10, effective July 20, 1997; 41 SDR 109, effective January 12, 2015; 47 SDR 110, effective April 27, 2021; 49 SDR 96, effective May 14, 2023.
General Authority: SDCL 34A-2-10, 34A-2-11, 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.

ARSD 74:51:03:06 Bad River and certain tributaries' uses

Stream segments of the Bad River and certain tributaries covered by § 74:51:03:02 include the following:

Water Body

From

Beneficial Uses

County

Bad River

Missouri River

confluence with North and South Forks

6,8

Haakon

Grindstone Creek

Bad River

Lake Waggoner outlet

6,8

Haakon

North Fork Bad River

Bad River

S23, R18E, T2N

6,8

Haakon

South Fork Bad River

the mainstem Bad River

Cottonwood Creek

6,8

Jackson

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:04:05, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:03:04:05, July 1, 1996; 24 SDR 10, effective July 20, 1997; 35 SDR 253, effective May 12, 2009.
General Authority: SDCL 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.

ARSD 74:51:03:07 Big Sioux River and certain tributaries' uses

Stream segments of the Big Sioux River and certain tributaries covered by § 74:51:03:02 include the following:

Water Body

From

Beneficial Uses

County

Big Sioux River

Missouri River

Sioux Falls Diversion Ditch

5,7,8

Minnehaha

Big Sioux River

Sioux Falls Diversion Ditch

S2, T104N, R49W of the fifth principal meridian

1,5,7,8

Minnehaha

Big Sioux River

S2, T104N, R49W

Brookings-Moody County Line

1,5,8

Brookings/Moody

Big Sioux River

Brookings-Moody County Line

Lake Kampeska

5,8

Codington

Big Sioux River

Lake Kampeska

S28, T121N, R52W

5,8

Grant

Bachelor Creek

Big Sioux River

S28, T106N, R50W

6,8

Moody

Battle Creek

Big Sioux River

S16, T107N, R52W

6,8

Lake

Beaver Creek (Lincoln County)

Big Sioux River

S9, T98N, R49W

6,8

Lincoln

Beaver Creek (Minnehaha County)

Split Rock Creek

South Dakota - Minnesota border

6,8

Minnehaha

Four Mile Creek

Beaver Creek (Minnehaha County)

South Dakota - Minnesota border

6,8

Minnehaha

Springwater Creek

Beaver Creek (Minnehaha County)

South Dakota - Minnesota border

6,8

Minnehaha

Big Ditch Creek

Big Sioux River

S1,T91N, R50W

5,8

Union

Big Ditch Creek

S1,T91, R50W

S21, T92N, R50W

6,8

Union

Brule Creek

Big Sioux River

confluence of its east and west forks

6,8

Union

East Brule Creek

confluence with Brule Creek

S3, T95N, R49W

6,8

Union

Flandreau Creek

Big Sioux River

Minnesota Border

6,8

Moody

Hidewood Creek

Big Sioux River

U.S. Highway 15

6,8

Deuel

Medary Creek

Big Sioux River

South Dakota - Minnesota border

6,8

Brookings

Deer Creek

Medary Creek

S30, T111N, R47W

6,8

Brookings

Nine Mile Creek

Big Sioux River

Lake Alvin

6,8

Lincoln

No Name Creek, also known as Brookfield Creek (Brookings and Moody Counties)

Big Sioux River

S22, T104N, R48W

6,8

Brookings/Moody

Owens Creek

Blue Dog Lake

S17, T122N, R52W

4,8

Roberts

Pattee Creek

Big Sioux River

Lake Lakota outlet

5,8

Lincoln

Peg Munky Run

Big Sioux River

S17, T113N, R50W

6,8

Deuel

Pickerel Creek (Day County)

Pickerel Lake

Waubay Lake

6,8

Day

Park Creek

Bourne Slough

Silver Creek

6,8

Lake

Silver Creek

Park Creek

Lake Herman

6,8

Lake

Six Mile Creek

North Deer Creek

S30, T112N, R48W

6,8

Brookings

College Creek

Big Sioux River

S12, T110N, R50W

6,8

Brookings

North Deer Creek

Big Sioux River

U.S. Highway 15

6,8

Deuel

Skunk Creek

Big Sioux River

outlet of Brant Lake

6,8

Lake

Unnamed tributary Skunk Creek

Skunk Creek

S21, T102N, R51W

6,8

Minnehaha

Willow Creek

Skunk Creek

S16, T102N, R50W

6,8

Minnehaha

Split Rock Creek

Big Sioux River

Minnesota border

5,7,8

Minnehaha

West Pipestone Creek

Split Rock Creek

S33, T105N, R48W

6,8

Minnehaha

Unnamed tributary of West Pipestone Creek

West Pipestone Creek

Confluence with an unnamed tributary in S9, T103N, R48W

5,8

Minnehaha

Unnamed tributary

Unnamed tributary of West Pipestone Creek

EROS outfall in S8, T103N, R48W

5,8

Minnehaha

Slip-Up Creek

Big Sioux River

to its headwaters in S19, T104N, R48W

6,8

Minnehaha/Moody

Pipestone Creek

S22, T104N, R47W

Minnesota border

5,7,8

Minnehaha

Strayhorse Creek

Big Sioux River

S26, T116N, R51W

6,8

Codington

Spring Creek (Moody County)

Big Sioux River

Minnesota border

6,8

Brookings/Moody

Jack Moore Creek

Big Sioux River

S33, T107N, R49W

6,8

Moody

Union Creek

Big Sioux River

confluence with East and West Forks

6,8

Union

Indian River

Big Sioux River

U.S. Highway 81

6,8

Grant

Willow Creek

Big Sioux River

S7, T117N, R50W

6,8

Deuel

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:04:06, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:04:06, July 1, 1996; 24 SDR 10, effective July 20, 1997; 31 SDR 29, effective September 13, 2004; 32 SDR 38, effective September 6, 2005; 35 SDR 253, effective May 12, 2009; 41 SDR 109, effective January 12, 2015; 47 SDR 110, effective April 27, 2021; 49 SDR 96, effective May 14, 2023.
General Authority: SDCL 34A-2-10, 34A-2-11, 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.

ARSD 74:51:03:08 Cheyenne River and certain tributaries' uses

Stream segments of the Cheyenne River and certain tributaries covered by § 74:51:03:02 include the tributaries listed in §§ 74:51:03:09 through 74:51:03:18, inclusive, and the following:

Water Body

From

Beneficial Uses

County

Cheyenne River

Lake Oahe

confluence with the Belle Fourche River

4,7,8

Meade

Cheyenne River

confluence with the Belle Fourche River

confluence with the Fall River

5,7,8

Fall River

Cheyenne River

confluence with the Fall River

Angostura Reservoir

4,7,8

Fall River

Cheyenne River

Angostura Reservoir

Wyoming border

5,8

Fall River

Bear Creek

Cheyenne River

S26, T3S, R13E of the Black Hills meridian

6,8

Pennington

Beaver Creek (Custer and Fall River Counties)

Cheyenne River

Wyoming border

5,8

Custer

Beaver Creek

Cheyenne River

S.D. Highway 79

4,8

Custer

Beaver Creek

S.D. Highway 79

S13, T5S, R4E

2,8

Custer

Beaver Creek (Stockade Beaver)

Wyoming border

S5, T1N, R1E

2,8

Pennington

Cascade Creek

Cheyenne River

headwaters

3,7,8

Fall River

Cedar Canyon Creek

Cheyenne River

S23, T8S, R4E

3,8

Fall River

Cherry Creek

Cheyenne River

confluence with Sulphur and Beaver Dam Creeks

6,8

Meade

Red Scaffold Creek

Cherry Creek

S24, T12N, R16E

6,8

Meade

Beaver Dam Creek

Cherry Creek

the confluence with the Middle and West Branches Beaver Dam Creek

6,8

Meade

Middle Branch Beaver Dam Creek

Beaver Dam Creek

confluence with Beaver Creek

6,8

Meade

Beaver Creek

Middle Branch Beaver Dam Creek

S24, T12N, R13E

6,8

Meade

West Branch Beaver Dam Creek

Beaver Dam Creek

S21, T12N, R13E

6,8

Meade

Brushy Creek

Cherry Creek

Unnamed Creek in S2, T11N, R15E

6,8

Meade

Unnamed Creek

Brushy Creek

S34, T12N, R15E

6,8

Meace

Red Owl Creek

Cherry Creek

confluence with White Owl Creek

6,8

Meade

Sulphur Creek

Cherry Creek

S18, T11N, R8E

6,8

Butte

South Sulphur Creek

Sulphur Creek

S8, T10N, R10E

6,8

Meade

Pine Creek

Sulphur Creek

S18, T11N, R12E

6,8

Meade

Deep Creek

Cheyenne River

S31, T4N, R17E

6,8

Pennington

Hat Creek

Cheyenne River

Nebraska border

5,8

Fall River

Hell Canyon Creek

Cheyenne River

S21, T8S, R4E

3,8

Fall River

Horsehead Creek

Angostura Reservoir

S27, T11S, R7E

5,8

Fall River

Beef Creek

Horsehead Creek

S29, T10S, R6E

6,8

Fall River

Highland Creek

Wind Cave National Park Boundary

S6, T5S, R6E

2,8

Custer

Mixes Food Creek

Cheyenne River

S24, T4N, R17E

6,8

Pennington

Cedar Breaks Creek

Cheyenne River

S36, T5N, R15E

6,8

Pennington

Plum Creek

Cheyenne River

West Fork Plum Creek

6,8

Haakon

West Fork Plum Creek

Plum Creek

S22, T5N, R21E

6,8

Haakon

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:04:07, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 86, effective December 24, 1987; transferred from § 74:03:04:07, July 1, 1996; 24 SDR 10, effective July 20, 1997; 31 SDR 29, effective September 13, 2004; 32 SDR 38, effective September 6, 2005; 35 SDR 253, effective May 12, 2009; 47 SDR 110, effective April 27, 2021.
General Authority: SDCL 34A-2-10, 34A-2-11, 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.

ARSD 74:51:03:09 Battle Creek and certain tributaries' uses

Stream segments of Battle Creek and certain tributaries covered by § 74:51:03:02 include the following:

Water Body

From

Beneficial Uses

County

Battle Creek

Cheyenne River

S.D. Highway 79

6,8

Custer

Battle Creek

S.D. Highway 79

S2, T2S, R5E of the Black Hills meridian

2,8

Pennington

Grace Coolidge Creek

Battle Creek

S12, T3S, R5E

2,8

Custer

Bear Gulch Creek

S.D. Highway 16A

confluence with its north and south forks

3,8

Custer

Galena Creek

Grace Coolidge Creek

S31, T3S, R6E

3,8

Custer

Spokane Creek

Grace Coolidge Creek

S2, T3S, R6E

3,8

Custer

Grizzly Bear Creek

Battle Creek

S24, T2S, R5E

2,8

Pennington

Iron Creek

Grace Coolidge Creek

S33, T2S, R5E

2,8

Custer

Lafferty Gulch Creek and it's unnamed tributary

Battle Creek

Mount Rushmore's wastewater treatment facility discharge

2,8

Pennington

Pine Creek

Battle Creek

S11, T2S, R5E

2,8

Pennington

Tepee Gulch Creek

Battle Creek

S27, T1S, R6E

3,8

Pennington

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:04:08, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:03:04:08, July 1, 1996, 24 SDR 10, effective July 20, 1997; 31 SDR 29, effective September 13, 2004.
General Authority: SDCL 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.

ARSD 74:51:03:10 The Belle Fourche River and certain tributaries' uses

Stream segments of the Belle Fourche River and certain tributaries covered by § 74:51:03:02 include the following:

Water Body

From

Beneficial Uses

County

Belle Fourche River

Cheyenne River

Wyoming Border

4,7,8

Butte

Alkali Creek

Interstate 90

S4, T4N, R5E of the Black Hills meridian

1,3,8

Meade

Bear Butte Creek

Belle Fourche River

Highway 79

3,8

Meade

Bear Butte Creek

Highway 79

Deadman Creek

2,8

Meade

Bear Butte Creek

Deadman Creek

S2, T4N, R4E

3,8

Lawrence

Bear Butte Creek and its south fork

S2, T4N, R4E

S22, T4N, R3E

2,8

Lawrence

Boulder Creek

Bear Butte Creek

Two Bit Creek

3,8

Lawrence

Two Bit Creek

Boulder Creek

S30, T5N, R4E

3,8

Lawrence

North Fork of Bear Butte Creek

Bear Butte Creek

S14, T4N, R3E

3,8

Lawrence

Park Creek

Bear Butte Creek

S11, T4N, R4E

3,8

Lawrence

Spring Creek

Bear Butte Creek

S14, T6N, R5E

3,8

Meade

Strawberry Creek

Bear Butte Creek

S5, T4N, R4E

3,8

Lawrence

Vanocker Creek

Bear Butte Creek

S32, T5N, R5E

3,8

Meade

Crow Creek (Butte County)

Orman Canal

Wyoming border

6,8

Butte

Elm Creek

Belle Fourche River

S8, T8N, R10E

6,8

Meade

East Elm Creek

Elm Creek

S10, T7N, R11E

6,8

Meade

Hay Creek (Butte County)

Redwater River

Wyoming border

6,8

Butte

Hay Creek (Meade County)

Belle Fourche River

S.D. Highway 34

6,8

Meade

Horse Creek

Belle Fourche River

Indian Creek

5,8

Butte

Horse Creek

confluence of Indian Creek

S29, T10N, R5E

6,8

Butte

Indian Creek

Horse Creek

confluence with North Fork and South Fork Indian Creeks

5,8

Butte

North Fork Indian Creek

Indian Creek

S5, T12N, R2E

6,8

Butte

South Fork Indian Creek

Indian Creek

S4, T12N, R1E

6,8

Butte

Owl Creek

Belle Fourche River

Orman Dam

6,8

Butte

Owl Creek

Belle Fourche Reservoir

S16, T11N, R1E

6,8

Butte

Redwater River

Belle Fourche River

U.S. Highway 85

3,8

Butte\

Lawrence

Redwater River

U.S. Highway 85

Wyoming border

2,8

Butte\

Lawrence

Spring Creek

Redwater River

S13, T7N, R2E

3,8

Lawrence

Bear Gulch Creek

Wyoming border

S6, T5N, R1E

2,8

Lawrence

Cold Springs Creek

Wyoming border

S13, T2N, R1E

2,8

Pennington

Cold Creek

Cold Springs Creek

S23, T2N, R1E

3,8

Pennington

Crow Creek

Redwater River

S22, T6N, R1E

2,8

Lawrence

Beaver Creek (north)

Crow Creek

S20, T5N, R1E

2,8

Lawrence

Unnamed tributary of Crow Creek

Crow Creek

McNenney outfall 002 in S21, T7N, R1E

2,8

Lawrence

Potato Gulch Creek

Beaver Creek (north)

S30, T5N, R1E

2,8

Lawrence

Chicken Creek

Redwater River

U.S. Highway 14

2,8

Lawrence

False Bottom Creek

Redwater River

S23, T7N, R3E

2,8

Lawrence

False Bottom Creek

S23, T7N,R3E

S26, T5N, R2E

3,8

Lawrence

Burno Gulch Creek

False Bottom Creek

S14, T5N, R2E

3,8

Lawrence

Columbia Dam Creek

False Bottom Creek

headwaters

3,8

Lawrence

Tetro Creek

False Bottom Creek

S6, T5N, R3E

3,8

Lawrence

Lake Creek

Redwater River

S21, T7N, R1E

2,8

Lawrence

Spearfish Creek

Redwater River

Homestake Hydro-electric Plant discharge (Spearfish Plant) in S15, T6N, R2E

1,2,7,8

Lawrence

Spearfish Creek

Homestake Hydro-electric Plant at Spearfish in S15, T6N, R2E

Spearfish City intake dam in S33, T6N, R2E

3,8

Lawrence

Spearfish Creek

Spearfish City intake dam in S33, T6N, R2E

Homestake Hydro-electric Plant intake dam, known as Maurice, in S8, T5N, R2E

2,8

Lawrence

Spearfish Creek

Homestake Hydro-electric Plant intake dam , known as Maurice, in S8, T5N, R2E

Intake Gulch

1,2,7,8,11

Lawrence

Rubicon Gulch

Spearfish Creek

S14, T5N, R2E

3,8

Lawrence

Annie Creek

Spearfish Creek

S3, T4N, R2E

3,8

Lawrence

Higgens Gulch Creek

Spearfish Creek

S34, T6N, R1E

2,8

Lawrence

Hanna Creek (east fork of Spearfish Creek)

Spearfish Creek

S6, T3N, R3E

2,8

Lawrence

Ward Draw Creek

Hanna Creek

S16, T3N, R2E

1,2,8

Lawrence

Ice Box Gulch Creek

Spearfish Creek

S24, T4N, R2E

3,8

Lawrence

Iron Creek

Spearfish Creek

Iron Creek Lake

2,8

Lawrence

Deer Creek

Iron Creek

S21, T5N, R1E

2,8

Lawrence

Pettigrew Gulch Creek

Iron Creek

S33, T5N, R1E

3,8

Lawrence

Tollgate Flats Creek

Deer Creek

S14, T5N, R1E

2,8

Lawrence

Little Spearfish Creek

Spearfish Creek

S16, T4N, R1E

2,8

Lawrence

Dry Gulch Creek

Little Spearfish Creek

S14, T4N, R1E

2,8

Lawrence

Cleopatra Creek

Spearfish Creek

confluence with East Branch Cleopatra Creek

2,7,8

Lawrence

Stinkingwater Creek

Belle Fourche River

S13, T8N, R4E

3,8

Butte

Willow Creek

Belle Fourche River

S10, T10N, R6E

6,8

Butte

Whitewood Creek

Belle Fourche River

Interstate 90

4,8

Lawrence

Whitewood Creek

Interstate 90

confluence with Gold Run Creek

3,7,8

Lawrence

Whitewood Creek

confluence with Gold Run Creek

S5, T4N, R3E (includes a reach sometimes called Kirk Creek)

2,7,8

Lawrence

Whitewood Creek

S5, T4N, R3E

S31, T4N, R3E

2,8

Lawrence

Fantail Creek

Whitetail Creek

S6, T4N, R3E

2,7,8

Lawrence

Nevada Gulch Creek

the confluence with Fantail Creek

S6, T4N, R3E

3,8

Lawrence

Whitetail Creek

Whitewood Creek

S18, T4N, R3E

2,7,8

Lawrence

Stewart Gulch Creek

Whitetail Creek

NW1/4, NW1/4, Sec. 7, T4N, R3E

2,8

Lawrence

Deadwood Creek

Whitewood Creek

S30, T5N, R3E

3,7,8

Lawrence

West Strawberry Creek

Whitewood Creek

S12, T4N, R3E

2,8

Lawrence

Grizzly Creek

West Strawberry Creek

S3, T4N, R3E

2,8

Lawrence

Yellow Creek

Whitewood Creek

S10, T4N, R3E

3,8

Lawrence

Cross-References: Modification of criteria for specific sites, § 74:51:01:24.

Site-specific criteria for Whitewood Creek from Interstate 90 to its confluence with Gold Run Creek, § 74:51:01:56.

History

Source: SL 1975, ch 16, § 1; 2 SDR 17, effective September 9, 1975; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:04:09, effective July 1, 1979; 9 SDR 143, effective May 15, 1983; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 86, effective December 24, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:04:09, July 1, 1996; 24 SDR 10, effective July 20, 1997; 31 SDR 29, effective September 13, 2004; 32 SDR 38, effective September 6, 2005; 35 SDR 253, effective May 12, 2009; 41 SDR 109, effective January 12, 2015; 47 SDR 110, effective April 27, 2021.
General Authority: SDCL 34A-2-10, 34A-2-11, 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.

ARSD 74:51:03:11 Box Elder Creek and certain tributaries' uses

Stream segments of Box Elder Creek and certain tributaries covered by § 74:51:03:02 include the following:

Water Body

From

Beneficial Uses

County

Box Elder Creek

Cheyenne River

S22, T2N, R8E

6,8

Pennington

Box Elder Creek

S22, T2N, R8E

Haines Avenue

4,8

Meade

Box Elder Creek

Haines Avenue

Interstate 90

2,7,8

Pennington

Box Elder Creek

Interstate 90

S16, T2N, R6E (Custer’s Gap)

3,8

Pennington

Box Elder Creek

S16, T2N, R6E

the confluence of its middle and north forks at S14, T3N, R4E

2,8

Lawrence

Middle Fork Box Elder Creek

S14, T3N, R4E

S23, T3N, R3E

2,8

Lawrence

North Fork Box Elder Creek

S14, T3N, R4E

S11, T3N, R3E

2,8

Lawrence

South Fork Box Elder Creek

Box Elder Creek

S33, T3N, R4E

2,8

Lawrence

Unnamed tributary

Box Elder Creek

southeast ¼ of southeast ¼ of S18, T2N, R9E

6,8

Pennington

Unnamed tributary

Box Elder Creek

south ½ of southeast ¼ of S13, T2N, R8E

6,8

Pennington

Bogus Jim Creek

Box Elder Creek

headwaters of its north, middle and south forks at S15, 16 and 22, T2N, R5E

3,8

Pennington

Corral Creek

Box Elder Creek

S6, T3N, R4E

2,8

Lawrence

Estes Creek

Box Elder Creek

West Fork Estes Creek

3,8

Lawrence

West Fork Estes Creek

Estes Creek

S6, T2N, R5E

3,8

Lawrence

Hay Creek

Box Elder Creek

S32, T4N, R4E

2,8

Lawrence

Jim Creek

Box Elder Creek

S14, T2N, R4E

2,8

Pennington

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 14, 1977; transferred from § 34:04:04:10, effective July 1, 1979; 7 SDR 77, effective February 19, 1981; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 86, effective December 24, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:04:10, July 1, 1996, 24 SDR 10, effective July 20, 1997; 31 SDR 29, effective September 13, 2004; 47 SDR 110, effective April 27, 2021.
General Authority: SDCL 34A-2-10, 34A-2-11, 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.

ARSD 74:51:03:12 Elk Creek and certain tributaries' uses

Stream segments of Elk Creek and certain tributaries covered by § 74:51:03:02 include the following:

Water Body

From

Beneficial Uses

County

Elk Creek

Cheyenne River

S9, T3N, R7E

4,8

Meade

Elk Creek

S9, T3N, R7E

S28, T4N, R3E of the Black Hills meridian

2,7,8

Lawrence

Little Elk Creek

Elk Creek

S7, T3N, R6E

3,8

Meade

Little Elk Creek

S7, T3N, R6E

S4, T3N, R5E

2,8

Lawrence

Meadow Creek

Elk Creek

S25, T4N, R4E

3,8

Lawrence\

Mead

Morris Creek

Elk Creek

S22, T4N, R6E

3,8

Meade

Stagebarn Canyon Creek

Elk Creek

headwaters of its north and south forks located at S18 and 32, T3N, R6E

3,8

Meade

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:04:11, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 86, effective December 24, 1987; transferred from § 74:03:04:11, July 1, 1996, 24 SDR 10, effective July 20, 1997.
General Authority: SDCL 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.

ARSD 74:51:03:13 Fall River and certain tributaries' uses

Stream segments of Fall River and certain tributaries covered by § 74:51:03:02 include the following:

Water Body

From

Beneficial Uses

County

Fall River

Cheyenne River

S13, T7S, R5E

4,8

Fall River

S13, T7S, R5E

Confluence with Cold Brook and Hot Brooks Creeks

4,7,8

Fall River

Cold Brook Creek

Fall River

S25, T6S, R5E

1,3,8

Custer

Hot Brook Creek

Fall River

S19, T7S, R5E

1,4,8

Fall River

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; 6 SDR 59, effective December 16, 1979; transferred from § 34:04:04:12, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:03:04:12, July 1, 1996, 24 SDR 10, effective July 20, 1997; 31 SDR 29, effective September 13, 2004; 41 SDR 109, effective January 12, 2015; 47 SDR 110, effective April 27, 2021.
General Authority: SDCL 34A-2-10, 34A-2-11, 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.

ARSD 74:51:03:14 French Creek and certain tributaries' uses

Stream segments of French Creek and certain tributaries covered by § 74:51:03:02 include the following:

Water Body

From

Beneficial Uses

County

French Creek

Cheyenne River

S.D. Highway 79

6,8

Custer

French Creek

S.D. Highway 79

S23, T3S, R3E of the Black Hills meridian

3,8

Custer

Bismarck Lake Creek

French Creek

S9, T3S, R5E

3,8

Custer

Glen Erin Dam Creek

French Creek

S7, T4S, R5E

3,8

Custer

Laughing Water Creek

French Creek

S34, T2S, R4E

3,8

Custer

Ruby Creek

French Creek

S36, T2S, R3E

3,8

Custer

Sidney Creek

French Creek

confluence with unnamed tributary

3,8

Custer

Unnamed tributary

Sidney Creek

S1, T4S, R4E

3,8

Custer

Willow Creek

French Creek

S36, T2S, R4E

3,8

Custer

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:04:13, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:03:04:13, July 1, 1996, 24 SDR 10, effective July 20, 1997; 47 SDR 110, effective April 27, 2021.
General Authority: SDCL 34A-2-10, 34A-2-11, 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.

ARSD 74:51:03:15 Lame Johnny Creek and certain tributaries' uses

Stream segments of Lame Johnny Creek and certain tributaries covered by § 74:51:03:02 include the following:

Water Body

From

Beneficial Uses

County

Lame Johnny Creek

Cheyenne River

S.D. Highway 79

5,8

Custer

Lame Johnny Creek

S.D. Highway 79

headwaters of its north fork located at S21, T4S, R6E of the Black Hills meridian

3,8

Custer

South Fork Lame Johnny Creek

its confluence with Lame Johnny Creek

S24, T4S, R5E

3,8

Custer

Flynn Creek

south fork of Lame Johnny Creek

S23, T4S, R5E

3,8

Custer

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:04:14, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:04:14, July 1, 1996, 24 SDR 10, effective July 20, 1997.
General Authority: SDCL 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.

ARSD 74:51:03:16 Pleasant Valley Creek and certain tributaries' uses

Stream segments of Pleasant Valley Creek and certain tributaries covered by § 74:51:03:02 include the following:

Water Body

From

Beneficial Uses

County

Red Canyon Creek

Cheyenne River

Pleasant Valley Creek

5,8

Custer

Pleasant Valley Creek

Red Canyon Creek

S24, T4S, R3E of the Black Hills Meridian

5,8

Custer

Four Mile Creek

Pleasant Valley Creek

S5 and 6, T4S, R4E

3,8

Custer

Lightning Creek

Pleasant Valley Creek

S2, T4S, R3E

3,8

Custer

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:04:15, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:03:04:15, July 1, 1996, 24 SDR 10, effective July 20, 1997.
General Authority: SDCL 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.

ARSD 74:51:03:17 Rapid Creek and certain tributaries' uses

Stream segments of Rapid Creek and certain tributaries covered by § 74:51:03:02 include the following:

Water Body

From

Beneficial Uses

County

Rapid Creek

Cheyenne River

S15, T1N, R8E of the Black Hills meridian

4,7,8

Pennington

Rapid Creek

S15, T1N, R8E

Canyon Lake

1,2,7,8

Pennington

Rapid Creek

Canyon Lake

its confluence with the North Fork Rapid Creek

1,2,7,8

Pennington

North Fork Rapid Creek

its confluence with Rapid Creek

S8, T3N, R3E

2,8

Lawrence

South Fork Rapid Creek

its confluence with the North Fork Rapid Creek

S4, T2N, R2E

2,8

Lawrence

Bittersweet Creek

Castle Creek

S23, T1N, R3E

3,8

Pennington

Bjorland Draw Creek

Castle Creek

S12, T1N, R1E

3,8

Pennington

Black Fox Springs Creek

South Fork Rapid Creek

S3, T2N, R2E

3,8

Lawrence

Buskala Creek

North Fork Rapid Creek

S19, T3N, R3E

2,8

Lawrence

Cabin Draw Creek

Castle Creek

S17, T1N, R2E

3,8

Pennington

California Gulch Creek

Skull Gulch Creek

S36, T1N, R4E

3,8

Pennington

Castle Creek

Rapid Creek

S36, T2N, R1E

2,8

Pennington

North Fork Castle Creek

Castle Creek

S26, T2N, R2E,

2,8

Pennington

Cement Draw Creek

Gold Run Creek

S6, T1S, R3E

3,8

Pennington

Crooked Creek

Castle Creek

S24, T1N, R3E

3,8

Pennington

Deer Creek

Rapid Creek

U.S. Highway 385

3,8

Pennington

Ditch Creek

South Fork Castle Creek

S23, T1S, R2E

2,8

Pennington

Friday Gulch Creek

California Gulch Creek

S35, T1N, R4E

3,8

Pennington

Frink Draw Creek

Slate Creek

S24, T1S, R3E

3,8

Pennington

Fulton Draw Creek

Castle Creek

S7, T1N, R2E

3,8

Pennington

Gimlet Creek

Rapid Creek

S8, T2N, R4E

2,8

Pennington

East Gimlet Creek

Gimlet Creek

S15, T2N, R4E

2,8

Pennington

West Gimlet Creek

Gimlet Creek

S6, T2N, R4E

3,8

Lawrence

Gold Run Creek

Castle Creek

S8, T1S, R3E

2,8

Pennington

Hop Creek

South Fork Rapid Creek

S6, T2N, R3E

3,8

Lawrence

Jenny Gulch Creek

Rapid Creek

S24, T2N, R4E

2,8

Pennington

Kelley Gulch Creek

Rapid Creek

S23, T2N, R4E

2,8

Pennington

Lime Creek

Rapid Creek

S32, T2N, R7E

2,8

Pennington

Lind Gulch Creek

Castle Creek

S16, T1N, R4E

3,8

Pennington

Long Draw Creek

South Fork Rapid Creek

S20, T2N, R3E

3,8

Pennington

Heely Creek

South Fork Castle Creek

S18, T1S, R3E

2,8

Pennington

Nichols Creek

South Fork Castle Creek

S34, T1N, R2E

3,8

Pennington

West Nugget Gulch

Rapid Creek

S14, T1N, R4E

3,8

Pennington

Plantation Draw Creek

North Fork Rapid Creek

S4, T2N, R3E

3,8

Lawrence

Pole Creek

South Fork Castle Creek

S15, T1S, R2E

3,8

Pennington

Prairie Creek

Rapid Creek

U.S. Highway 385

2,8

Pennington

Rickover Springs Creek

South Fork Rapid Creek

S11, T2N, R2E

3,8

Lawrence

Rhoads Fork Creek

South Fork Rapid Creek

S29, T2N, R2E

2,8

Pennington

Silver Creek

Castle Creek

S21, T1N, R2E

2,8

Pennington

Silver Creek

Rapid Creek

S2, T2N, R3E

2,8

Lawrence

Skull Gulch Creek

Slate Creek

Confluence with California Gulch and Spruce Gulch Creeks

3,8

Pennington

Spruce Gulch Creek

Skull Gulch Creek

S25, T1N, R4E

3,8

Pennington

Slate Creek

Rapid Creek

S14, T1S, R3E

2,8

Pennington

South Fork Slate Creek

Slate Creek

S3, T1S, R3E

2,8

Pennington

Swede Gulch Creek

North Fork Rapid Creek

S1, T2N, R2E

2,8

Lawrence

Tillson Creek

Swede Gulch Creek

S26, T3N, R2E

2,8

Lawrence

Trebor Draw Creek

South Fork Rapid Creek

S8, T2N, R2E

3,8

Lawrence

Victoria Creek

Rapid Creek

S19, T1N, R6E

2,8

Pennington

South Fork Victoria Creek

Victoria Creek

S30, T1N, R6E

3,8

Pennington

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:04:16, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 86, effective December 24, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:04:16, July 1, 1996, 24 SDR 10, effective July 20, 1997; 47 SDR 110, effective April 27, 2021.
General Authority: SDCL 34A-2-10, 34A-2-11, 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.

ARSD 74:51:03:18 Spring Creek and certain tributaries' uses

Stream segments of Spring Creek and certain tributaries covered by § 74:51:03:02 include the following:

Water Body

From

Beneficial Uses

County

Spring Creek

Cheyenne River

S.D. Highway 79

4,8

Pennington

Spring Creek

S.D. Highway 79

Sheridan Lake

3,7,8

Pennington

Spring Creek

Sheridan Lake

S5, T2S, R3E of the Black Hills meridian

2,7,8

Pennington

Bear Gulch Creek

Spring Creek

S26, T2S, R4E

3,8

Custer

Bobcat Gulch Creek

Spring Creek

S34, T1S, R3E

3,8

Pennington

Cabin Springs Creek

Sunday Gulch Creek

headwaters

3,8

Pennington

Horse Creek

Spring Creek

S30, T1N, R5E

3,8

Pennington

Loues Creek

Vanderlehr Creek

S30, T2S, R4E

3,8

Custer

Marshall Gulch Creek

Newton Fork Creek

S6, T1S, R5E

3,8

Pennington

Medicine Mountain Creek

Spring Creek

S10, T2S, R3E

3,8

Pennington

Newton Fork Creek

Spring Creek

S18, T1S, R4E

2,8

Pennington

Medicine Mountain Creek

Spring Creek

S26, T1S, R3E

3,8

Pennington

Palmer Gulch Creek

Spring Creek

S8, T2S, R5E

2,8

Pennington

Reno Gulch Creek

Spring Creek

S28, T1S, R4E

3,8

Pennington

Sunday Gulch Creek

Spring Creek

S18, T2S, R5E

2,8

Pennington

Tenderfoot Creek

Spring Creek

S29, T2S, R4E

2,8

Custer

Vanderlehr Creek

Spring Creek

S24, T2S, R3E

3,8

Pennington

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:04:17, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 86, effective December 24, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:04:17, July 1, 1996, 24 SDR 10, effective July 20, 1997; 31 SDR 29, effective September 13, 2004.
General Authority: SDCL 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.

ARSD 74:51:03:19 Grand River and certain tributaries' uses

Stream segments of the Grand River and certain tributaries covered by § 74:51:03:02 include the following:

Water Body

From

Beneficial Uses

County

Grand River

Lake Oahe

West Corson County Line

4,8

Corson

Grand River

West Corson County Line

Shadehill Reservoir

3,8

Perkins

South Fork Grand River

Shadehill Reservoir

Highway 79

5,7,8

Harding

South Fork Grand River

Highway 79

S13, T18N, R3E of the Black Hills meridian

5,8

Harding

North Fork Grand River

Shadehill Reservoir

North Dakota border

6,7,8

Perkins

Big Nasty Creek

South Fork Grand River

S6, T21N, R8E

6,8

Harding

Black Horse Butte Creek

Grand River

confluence with Coal Creek, also known as Darling Creek

6,8

Corson

Bull Creek

South Fork Grand River

S15, T21N, R5E

6,8

Harding

Crooked Creek

North Dakota border

S34, T23N, R5E

6,8

Harding

Flat Creek

Grand River

North Dakota border

6,8

Perkins

Jones Creek

South Fork Grand River

S18, T20N, R5E

6,8

Harding

Lodgepole Creek

Shadehill Reservoir

S28, T21N, R13E

6,8

Perkins

Clarks Fork Creek

South Fork Grand River

S17, T17N, R5E

6,8

Harding

Buffalo Creek

Clarks Fork Creek

S35, T18N, R4E

6,8

Harding

Skull Creek

South Fork Grand River

S32, T21N, R8E

6,8

Harding

Thunder Hawk Creek

Grand River

S3, T22N, R16E

6,8

Perkins

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:04:18, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 86, effective December 24, 1987; transferred from § 74:03:04:18, July 1, 1996, 24 SDR 10, effective July 20, 1997; 41 SDR 109, effective January 12, 2015.
General Authority: SDCL 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.

ARSD 74:51:03:20 James River and certain tributaries' uses

Stream segments of the James River and certain tributaries covered by § 74:51:03:02 include the following:

Water Body

From

Beneficial Uses

County

James River

Missouri River

Huron Third Street Dam

5,8

Beadle

James River

Huron Third Street Dam

James River Diversion Dam

1,5,8

Beadle

James River

James River Diversion Dam

North Dakota border

5,8

Brown

Beaver Creek

James River

Beaver Lake

6,8

Yankton

Cain Creek

James River

S33, T110N, R63W of the fifth principal meridian

6,8

Beadle

Dawson Creek

James River

Lake Henry

6,8

Bon Homme

Elm River

James River

North Dakota border

1,5,8

Brown

Maple River

Elm River

North Dakota border

1,5,8

Brown

Enemy Creek

James River

S18, T102N, R60W

6,8

Davison

North Fork Enemy Creek

Enemy Creek

S36, T103N, R61W

6,8

Davison

Firesteel Creek

James River

confluence with West Fork Firesteel Creek

1,4,8

Davison

Firesteel Creek

confluence West Fork Firesteel Creek

S.D. Highway 34

1,5,8

Jerauld

West Fork Firesteel Creek

Firesteel Creek

Wilmarth Lake

1,6,8

Aurora

Foster Creek

James River

S6, T114N, R60W

6,8

Spink

North Fork Foster Creek

James River

U.S. Highway 212

6,8

Spink

Jim Creek

James River

S19, T106N, R59W

6,8

Sanborn

Johnson Creek

James River

Fulton Dam

6,8

Hanson

Lonetree Creek

James River

S31, T98N, R58W

6,8

Hutchinson

Dry Creek

James River

confluence with its north and south branches

6,8

Hutchinson

North Branch Dry Creek

Dry Creek

S27, T99N, R61W

6,8

Hutchinson

Morris Creek, also known as Dry Run Creek

James River

S10, T104N, R61W

6,8

Davison

Moccasin Creek

James River

S24, T123N, R64W

6,8

Brown

Foot Creek

Moccasin Creek

Richmond Dam

6,8

Brown

Mud Creek (Brown and Spink Counties)

James River

S.D. Highway 37

6,8

Brown

Mud Creek (Yankton County)

James River

S.D. Highway 46

6,8

Yankton

Pearl Creek

James River

S8, T109N, R60W

6,8

Beadle

Pierre Creek

James River

S11, T102N, R58W

5,8

Hanson

Plum Creek

James River

S30, T100N, R58W

6,8

Hutchinson

Redstone Creek

James River

State Highway 14

6,8

Kingsbury

Rock Creek

James River

S9, T103N, R59W

6,8

Hanson

Sand Creek

James River

S32, T110N, R66W

5,8

Hand

Snake Creek

James River

confluence with South Fork Snake Creek

5,8

Spink

Snake Creek

confluence with the South Fork Snake Creek

S26, T124N, R66W

6,8

Edmunds

South Fork Snake Creek

confluence with Snake Creek

S23, T118N, R70W

6,8

Faulk

Shue Creek

James River

S23, T112N, R60W

6,8

Beadle

Turtle Creek

James River

S17, T113N, R65W

6,8

Beadle

Timber Creek

James River

S31, T118N, R61W

6,8

Spink

Twelve Mile Creek

James River

S11, T101N, R60W

6,8

Davison

South Fork Twelve Mile Creek

Twelve Mile Creek

S12, T100N, R61W

6,8

Hutchinson

Willow Creek

Elm River

S31, T126N, R65W

1,6,8

Brown

Wolf Creek (Spink and Hand Counties)

Turtle Creek

S10, T114N, R66W

6,8

Hand

Wolf Creek (Hutchinson, McCook, and Hanson Counties)

James River

S5, T103N, R56W

6,8

McCook

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; 6 SDR 59, effective December 16, 1979; transferred from § 34:04:04:19, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 86, effective December 24, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:04:19, July 1, 1996, 24 SDR 10, effective July 20, 1997; 29 SDR 107, effective February 2, 2003; 31 SDR 29, effective September 13, 2004; 35 SDR 253, effective May 12, 2009; 41 SDR 109, effective January 12, 2015; 47 SDR 110, effective April 27, 2021.
General Authority: SDCL 34A-2-10, 34A-2-11, 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.

ARSD 74:51:03:21 Little Missouri River and certain tributaries' uses

Stream segments of the Little Missouri River and certain tributaries covered by § 74:51:03:02 include the following:

Water Body

From

Beneficial Uses

County

Little Missouri River

Montana-South Dakota border

South Dakota-North Dakota border

5,8

Harding

Box Elder Creek

Montana-South Dakota border

North Dakota border

6,8

Harding

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:04:20, effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:03:04:20, July 1, 1996, 24 SDR 10, effective July 20, 1997.
General Authority: SDCL 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.

ARSD 74:51:03:22 Moreau River and certain tributaries' uses

Stream segments of the Moreau River and certain tributaries covered by § 74:51:03:02 include the following:

Water Body

From

Beneficial Uses

County

Moreau River

Lake Oahe

North and South forks of the Moreau River

5,8

Perkins

North Fork Moreau River

Moreau River

U.S. Highway 85

6,8

Harding

South Fork Moreau River

Moreau River

S17, T14N, R4E of the Black Hills meridian

6,8

Butte

Battle Creek

South Fork Moreau River

S32, T13N, R5E

6,8

Butte

Deep Creek

Moreau River

S9, T13N, R13E

6,8

Perkins

Flint Creek

Deep Creek

U.S. Highway 212

6,8

Meade

Four Mile Creek

Battle Creek

S11, T13N, R4E

6,8

Butte

Rabbit Creek

Moreau River

S.D. Highway 79

6,8

Harding

Antelope Creek

Rabbit Creek

S8, T16N, R9E

6,8

Harding

Sand Creek

South Fork Moreau River

U.S. Highway 85

6,8

Harding

Sheep Creek

North Fork Moreau River

S30, T16N, R9E

6,8

Harding

Thunder Butte Creek

Moreau River

Confluence with the South Branch Thunder Butte Creek

6,8

Perkins

South Branch

Thunder Butte

Creek

Thunder Butte Creek

S11, T18N, R10E

6,8

Perkins

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:04:21, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 86, effective December 24, 1987; transferred from § 74:03:04:21, July 1, 1996, 24 SDR 10, effective July 20, 1997; 47 SDR 110, effective April 27, 2021.
General Authority: SDCL 34A-2-10, 34A-2-11, 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.

ARSD 74:51:03:23 Little Moreau River's uses

A stream segment of the Little Moreau River covered by § 74:51:03:02 is the following:

Water Body

From

Beneficial Uses

County

Little Moreau River

Moreau River

S30, T17N, R24E of the Black Hills meridian

5,8

Dewey

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:04:22, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:04:22, July 1, 1996, 24 SDR 10, effective July 20, 1997.
General Authority: SDCL 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.

ARSD 74:51:03:24 Niobrara's tributaries' uses

Stream segments of the Niobrara River covered by § 74:51:03:02 include the following:

Water Body

From

Beneficial Uses

County

Keya Paha River

Nebraska Border

its confluence with Antelope Creek

5,8

Todd

Antelope Creek

Keya Paha River

S7, T38N, R28W of the sixth principal meridian

5,8

Todd

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:04:23, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:03:04:23, July 1, 1996, 24 SDR 10, effective July 20, 1997; 35 SDR 253, effective May 12, 2009.
General Authority: SDCL 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.

ARSD 74:51:03:25 Vermillion River and certain tributaries' uses

Stream segments of the Vermillion River and certain tributaries covered by § 74:51:03:02 include the following:

Water Body

From

Beneficial Uses

County

Vermillion River

Missouri River

confluence of its east and west forks

5,8

Turner

West Fork Vermillion River

Vermillion River

McCook-Miner County Line

6,8

McCook\

Miner

Silver Lake Creek

West Fork Vermillion River

Silver Lake outlet

6,8

Turner

East Fork Vermillion River

Vermillion River

McCook-Lake County Line

6,8

McCook\

Lake

Blind Creek

Vermillion River

S22, T96N, R51W

6,8

Lincoln

Long Creek

Vermillion River

Highway 44

5.8

Lincoln

Long Creek

Highway 44

276^th Street

6.8

Turner

Saddle Creek

Long Creek

S17, T97N, R50W

6,8

Lincoln

Haram Creek

Saddle Creek

S23, T97N, R51W

6,8

Lincoln

Clay Creek

Clay County ditch

S.D. Highway 46

6,8

Yankton

Norwegian Gulch Creek

Vermillion River

S36, T95N, R53W

5,8

Clay

Turkey Creek

Clay County ditch

S.D. Highway 46

6,8

Yankton

Turkey Ridge Creek

Vermillion River

S31, T98N, R53W of the fifth principal meridian

6,8

Turner

Camp Creek

Vermillion River

S6, T99N, R52W

6,8

Turner

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:04:24, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:03:04:24, July 1, 1996, 24 SDR 10, effective July 20, 1997; 31 SDR 29, effective September 13, 2004; 32 SDR 38, effective September 6, 2005; 32 SDR 129, effective February 1, 2006; 35 SDR 253, effective May 12, 2009.
General Authority: SDCL 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.

ARSD 74:51:03:26 White River and certain tributaries' uses

Stream segments of the White River and certain tributaries covered in § 74:51:03:02 include the following:

Water Body

From

Beneficial Uses

County

White River

Missouri River

Nebraska border

5,8

Oglala Lakota

South Fork White River (also known as the Little White River)

White River

S6, T36N, R39W of the sixth principal meridian

5,8

Bennett

Bear-In-The-Lodge Creek

White River

S30, T40N, R37W

6,8

Jackson

Black Pipe Creek

White River

Harris Lake

6,8

Mellette

Cedar Creek

Little White River

S18, T36N, R33W

5,8

Bennett

Cut-Meat Creek

Little White River

He Dog Lake

6,8

Todd

Dog Ear Creek

White River

confluence with Owl Creek

6,8

Tripp

Ironwood Creek

Little White River

Ironwood Lake

6,8

Todd

Lake Creek

Pool 7 in LaCreek National Wildlife Refuge

S23, T36N, R38W

4,8

Bennett

Medicine Root Creek

White River

Kyle Reservoir

6,8

Oglala Lakota

Moccasin Creek

White River

S34, T102N, R74W of the fifth principal meridian

6,8

Tripp

Oak Creek

White River

S.D. Highway 44

6,8

Mellette

Old Lodge Creek

White River

S36, T100N, R76W

6,8

Tripp

Pass Creek

White River

S2, T42N, R35W of the sixth principal meridian

6,8

Jackson

Porcupine Creek

White River

S30, T38N, R42W

6,8

Oglala Lakota

Rosebud Creek

Little White River

S34, T38N, R30W

3,8

Todd

Soldier Creek

Little White River

S13, T38N, R30W

3,8

Todd

Spring Creek

Little White River

Spring Creek Reservoir

3,8

Todd

White Clay Creek, also known as Clay Creek

White River

White Clay Reservoir

4,8

Oglala Lakota

Wounded Knee Creek

White River

Spring Creek

6,8

Oglala Lakota

Spring Creek

Wounded Knee Creek

S31, T36N, R42W

6,8

Oglala Lakota

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; 6 SDR 59, effective December 16, 1979; transferred from § 34:04:04:25, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 86, effective December 24, 1987; transferred from § 74:03:04:25, July 1, 1996, 24 SDR 10, effective July 20, 1997; 35 SDR 253, effective May 12, 2009; SL 2015, ch 56, § 1, effective May 1, 2015.
General Authority: SDCL 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.

ARSD 74:51:03:27 Red River of the North's tributaries' uses

Stream segments of the tributaries of the Red River of the North covered in § 74:51:03:02 include the following:

Water Body

From

Beneficial Uses

County

Bois de Sioux River

Lake Traverse

South Dakota-North Dakota-Minnesota border

5,8

Roberts

Big Slough Creek

Bois de Sioux River

S13, T128N, R49W

5,8

Roberts

Jim Creek

Lake Traverse

S13, T126N, R50W of the fifth principal meridian

6,8

Roberts

Note: The Red River of the North is located in North Dakota.

History

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:04:26, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:03:04:26, July 1, 1996, 24 SDR 10, effective July 20, 1997; 35 SDR 253, effective May 12, 2009; 47 SDR 110, effective April 27, 2021.
General Authority: SDCL 34A-2-10, 34A-2-11, 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.