ARSD 74:02:01:05.03. Volume of water for nonirrigation water permit or right or nonirrigation vested right

The total annual volume of water withdrawn for a nonirrigation water permit or right or a nonirrigation vested right is limited only by the authorized and developed diversion rate and not by the actual volume of water withdrawn annually. However, the board may limit the annual volume by qualification of the water permit or right or the vested right. If the owner diverts less than the authorized diversion rate for a period of three years, the chief engineer may reduce the authorized diversion rate to the lower diversion rate.