# S.D. Codified Laws § 46-7-5.8: Requirements as to form and content of owner's affidavit

> South Dakota · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_SD_T46_C7_S46-7-5.8

## Section

- **Citation:** S.D. Codified Laws § 46-7-5.8
- **Heading:** Requirements as to form and content of owner's affidavit
- **Jurisdiction:** South Dakota
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** SD Code / Title 46 / Chapter 7 / Section 46-7-5.8

## Text

The owner's affidavit referred to in § 46-7-5.7 shall:

(1) Be in a form prescribed and approved by the board;

(2) Identify and describe the dam in question;

(3) State the construction date of the dam;

(4) Acknowledge that the owner is aware that the unsafe condition exists;

(5) State that the owner refuses to correct the unsafe condition;

(6) Include a description of the flood plain as determined by the chief engineer;

(7) State that no one other than the owner and the owner's immediate family reside within the flood plain;

(8) Include the owner's express assumption of all liability for any claim, injury, or damage resulting from failure of the dam, specifically holding the state, the board, the department, the chief engineer, and all officers, agents, or employees of the state harmless from any liability and damages for claims, injuries, damages, and costs, including attorney's fees resulting from failure of the dam;

(9) Acknowledge that the owner is aware that the provisions of §§ 46-7-5.4 to 46-7-5.11 , inclusive, only apply to privately owned high-hazard dams constructed before January 1, 1990, if the owner and the owner's immediate family are the only persons residing below the dam within the flood plain; and

(10) State that if any individual other than the owner establishes a habitation within the flood plain, the owner will report the name, address, and location of the individual to the chief engineer within ten days.

Source: SL 1990, ch 357, § 5; SL 2011, ch 165, § 282.

## Nearby sections

- [S.D. Codified Laws § 46-7-1 Excess capacity of works--Availability for beneficial use](https://www.frixlaw.com/law-library/statutes/STATE_SD_T46_C7_S46-7-1.md)
- [S.D. Codified Laws § 46-7-2 Headgates or other measuring devices required](https://www.frixlaw.com/law-library/statutes/STATE_SD_T46_C7_S46-7-2.md)
- [S.D. Codified Laws § 46-7-3 Repair of works required--Rules](https://www.frixlaw.com/law-library/statutes/STATE_SD_T46_C7_S46-7-3.md)
- [S.D. Codified Laws § 46-7-5 Inspection of works by chief engineer--Order for repair of unsafe works--Repair by chief engineer--Costs--Filing of written protest--Hearing--Liability of chief engineer and state](https://www.frixlaw.com/law-library/statutes/STATE_SD_T46_C7_S46-7-5.md)
- [S.D. Codified Laws § 46-7-5.1 Repair of unsafe works by chief engineer--Cost as lien against property--Bidding provisions](https://www.frixlaw.com/law-library/statutes/STATE_SD_T46_C7_S46-7-5.1.md)
- [S.D. Codified Laws § 46-7-5.2 Breach or repair of works by chief engineer to protect human life--Cost as lien against property--Other remedies](https://www.frixlaw.com/law-library/statutes/STATE_SD_T46_C7_S46-7-5.2.md)
- [S.D. Codified Laws § 46-7-5.3 Investigation of dam--Variance relating to minimum spillway design requirements--Hearing](https://www.frixlaw.com/law-library/statutes/STATE_SD_T46_C7_S46-7-5.3.md)
- [S.D. Codified Laws § 46-7-5.4 Definition of terms](https://www.frixlaw.com/law-library/statutes/STATE_SD_T46_C7_S46-7-5.4.md)
- [S.D. Codified Laws § 46-7-5.5 Application to dams constructed before January 1, 1990--Owner and family sole residents--Determination of flood plain](https://www.frixlaw.com/law-library/statutes/STATE_SD_T46_C7_S46-7-5.5.md)
- [S.D. Codified Laws § 46-7-5.6 Owner's reporting requirements where nonowner establishes habitation within flood plain](https://www.frixlaw.com/law-library/statutes/STATE_SD_T46_C7_S46-7-5.6.md)
- [S.D. Codified Laws § 46-7-5.7 Privately owned high-hazard dam--Where chief engineer and state not obligated to secure safety thereof--Owner's affidavit upon refusal to correct unsafe condition](https://www.frixlaw.com/law-library/statutes/STATE_SD_T46_C7_S46-7-5.7.md)
- [S.D. Codified Laws § 46-7-5.8 Requirements as to form and content of owner's affidavit](https://www.frixlaw.com/law-library/statutes/STATE_SD_T46_C7_S46-7-5.8.md)
- [S.D. Codified Laws § 46-7-5.9 Board's acceptance of owner's affidavit--Conditions](https://www.frixlaw.com/law-library/statutes/STATE_SD_T46_C7_S46-7-5.9.md)
- [S.D. Codified Laws § 46-7-5.10 Recording requirements as to owner's affidavit](https://www.frixlaw.com/law-library/statutes/STATE_SD_T46_C7_S46-7-5.10.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_SD_T46_C7_S46-7-5.8. Check the current official text before relying on it. Not legal advice.