There is a newer version of the South Dakota Codified Laws
2012 South Dakota Codified Laws
Title 46 WATER RIGHTS
Chapter 05. Appropriation Of Water
- §46-5-1 Natural flow of stream or spring--Restrictions on riparian use.
- §46-5-1.1 Obstruction of navigable watercourse or interference with stage, level, or flow of public waters prohibited--Contests resolved by Water Management Board.
- §46-5-1.2 Removal of obstructions built by beavers if lands flooded or water rights impaired.
- §46-5-2 Nonnavigable stream--Right to construct and maintain dam.
- §46-5-3 Natural spring forming part of stream--Right to appropriate flow from spring.
- §46-5-4 Priority of appropriative rights granted since March 7, 1907.
- §46-5-4.1 Validation of prior licenses.
- §46-5-5 Waters flowing in definite stream subject to appropriation--Beneficial use--Excessive appropriation not allowed.
- §46-5-6 Appropriation of water for irrigation--Limitation of amount.
- §46-5-6.1 Restrictions on appropriation of Missouri River water for irrigation.
- §46-5-6.2 to 46-5-6.10. Repealed.
- §46-5-6.11 Authority of chief engineer to issue appropriation permits.
- §46-5-7 Priority of appropriation--Date of filing application.
- §46-5-8 Permit not required for domestic use--Permit required for dams on streams or dry-draws--Registration of domestic wells.
- §46-5-8.1 Permit issued by board to effectuate contract between district and energy industry user--Cancellation of permit or license.
- §46-5-8.2 Permit required for water distribution system.
- §46-5-9 Construction of works prior to obtaining permit to appropriate water prohibited.
- §46-5-10 Appropriation of water--Application for permit required.
- §46-5-11 Application--Information required.
- §46-5-12 Repealed.
- §46-5-13 Diversion rate and amount allowed by permit.
- §46-5-13.1 Change of location of diversion point.
- §46-5-14 Water which may be reclaimed.
- §46-5-15 Water diverted for municipal use--Issuance of permit--Contest and appeal.
- §46-5-16 Repealed.
- §46-5-17 to 46-5-19. Repealed.
- §46-5-20 Repealed.
- §46-5-20.1 Legislative approval required for large-scale appropriation--Eminent domain powers denied for unauthorized appropriation.
- §46-5-21 Repealed.
- §46-5-21.1 Permits for energy industry use--Period for application of water to beneficial use.
- §46-5-22 Repealed.
- §46-5-23 Repealed.
- §46-5-24 Amendment or change of plans of construction or place of diversion.
- §46-5-25 Diligent prosecution of construction work--Forfeiture of rights--Extension.
- §46-5-26 Extension of time for completion of construction or application to beneficial use.
- §46-5-27 to 46-5-29. Repealed.
- §46-5-30 Inspection of works by chief engineer before use--Authority to require changes.
- §46-5-30.1 License issued by chief engineer.
- §46-5-30.2 Limitations on rights given by permit or license.
- §46-5-30.3 Sale or transfer of application, permit, or license--Notice to chief engineer.
- §46-5-30.4 Amendment of permits or rights.
- §46-5-30.5 Unpermitted acreage developed for irrigation--Requirement.
- §46-5-31 Change of use or place of diversion.
- §46-5-31.1 Abandoned permitted irrigation use--Stock watering permitted.
- §46-5-32 Assignment of application, permit, or license.
- §46-5-33 Irrigation application, permit, or right not assignable apart from land.
- §46-5-34 Irrigation rights appurtenant to land--Amendment of permit required for severance and transfer.
- §46-5-34.1 Transfer of irrigation rights apart from land--Restricted purposes--Protection of other users.
- §46-5-35 Repealed.
- §46-5-36 Abandonment of use of water appurtenant to land--Public water subject to general appropriation.
- §46-5-37 Failure to use beneficially appropriated water--Forfeiture for nonuse--Reversion to public.
- §46-5-37.1 Abandonment or forfeiture of permits or rights--Recommendation of chief engineer for cancellation.
- §46-5-37.2 Exceptions to forfeiture for nonuse.
- §46-5-38 Future use of water--Entities entitled to reservation.
- §46-5-38.1 Future use of water--Permit required for actual use--Review of future use permits.
- §46-5-39 Temporary use permits--Authorization for.
- §46-5-40 Temporary use permits--Cancellation.
- §46-5-40.1 Temporary permits for use of public water for construction, testing, or drilling purposes--Term of permit--Qualifications and limitations.
- §46-5-41 to 46-5-43. Repealed.
- §46-5-44 United States withdrawal of unappropriated waters--Cancellation.
- §46-5-45 Repealed.
- §46-5-46 Unauthorized use or waste of water or violation of permit or license prohibited.
- §46-5-47 Flood control--Permit required.
- §46-5-48 Flood control--Emergency facilities authorized.
- §46-5-49 Filing of vested right claim--Hearing--Mandatory filing--Waiver of right.
- §46-5-50 Drip irrigation defined.
- §46-5-51 Permit not required for drip irrigation.
- §46-5-52 Noncommercial purposes defined.
Disclaimer: These codes may not be the most recent version. South Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.