South Dakota Code § 34A-10-2.4

Authority to promulgate rules regarding terms and release of security and its disposition upon expiration of permit or license
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The Water Management Board and the Board of Minerals and Environment shall establish, by rules promulgated pursuant to chapter
1-26
:
(1) Criteria to determine the amount of security required and other terms as necessary to define the respective obligation of the parties;
(2) The procedure to follow and the circumstances under which the state or applicant may obtain board approval for the release of the security; and
(3) Conditions under which the security may be held by the state after the expiration of the permit or license.

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