The bill amends South Dakota's groundwater appropriation law to ensure that the annual withdrawal of groundwater from any source does not exceed the annual recharge of that source. Specifically, it states that no application to appropriate groundwater can be approved if it is likely that the amount of water withdrawn will surpass the average estimated annual recharge.

Additionally, the bill removes a provision that previously allowed for the approval of applications for groundwater withdrawals from formations older than or lower than the Greenhorn formation, even if those withdrawals exceeded the average estimated annual recharge, specifically for use by water distribution systems. This change aims to promote sustainable groundwater management by aligning withdrawals with natural recharge rates.

Statutes affected:
Introduced, 01/21/2026: 46-6-3.1