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South Dakota Codified Laws

Chapter 46-5

S.D. Codified Laws ch. 46-5

Appropriation of Water

46-5-1Natural flow of stream or spring--Restrictions on riparian use.46-5-1.1Obstruction of navigable watercourse or interference with stage, level, or flow of public waters prohibited--Contests resolved by Water Management Board.46-5-1.2Removal of obstructions built by beavers if lands flooded or water rights impaired.46-5-2Nonnavigable stream--Right to construct and maintain dam.46-5-3Natural spring forming part of stream--Right to appropriate flow from spring.46-5-4Priority of appropriative rights granted since March 7, 1907.46-5-4.1Validation of prior licenses.46-5-5Waters flowing in definite stream subject to appropriation--Beneficial use--Excessive appropriation not allowed.46-5-6Appropriation of water for irrigation--Limitation of amount.46-5-6.1Restrictions on appropriation of Missouri River water for irrigation.46-5-6.246-5-6.2 to 46-5-6.10. Repealed by SL 1994, ch 313, § 6 46-5-6.11Authority of chief engineer to issue appropriation permits.46-5-7Priority of appropriation--Date of filing application.46-5-8Permit not required for domestic use--Permit required for dams on streams or dry-draws--Registration of domestic wells.46-5-8.1Permit issued by board to effectuate contract between district and energy industry user--Cancellation of permit or license.46-5-8.2Permit required for water distribution system.46-5-9Construction of works prior to obtaining permit to appropriate water prohibited.46-5-10Appropriation of water--Application for permit required.46-5-11Application--Information required.46-5-12RepealedRepealed 46-5-13Diversion rate and amount allowed by permit.46-5-13.1Change of location of diversion point.46-5-14Water which may be reclaimed.46-5-15Water diverted for municipal use--Issuance of permit--Contest and appeal.46-5-16RepealedRepealed 46-5-1746-5-17 to 46-5-19. Repealed by SL 1983, ch 316, §§ 7 to 9 46-5-20RepealedRepealed 46-5-20.1Legislative approval required for large-scale appropriation--Eminent domain powers denied for unauthorized appropriation.46-5-21RepealedRepealed 46-5-21.1Permits for energy industry use--Period for application of water to beneficial use.46-5-22RepealedRepealed 46-5-23RepealedRepealed 46-5-24Amendment or change of plans of construction or place of diversion.46-5-25Diligent prosecution of construction work--Forfeiture of rights--Extension.46-5-26Extension of time for completion of construction or application to beneficial use.46-5-2746-5-27 to 46-5-29. Repealed by SL 1983, ch 314, §§ 54 to 56 46-5-30Inspection of works by chief engineer before use--Authority to require changes.46-5-30.1License issued by chief engineer.46-5-30.2Limitations on rights given by permit or license.46-5-30.3Sale or transfer of application, permit, or license--Notice to chief engineer.46-5-30.4Amendment of permits or rights.46-5-30.5Unpermitted acreage developed for irrigation--Requirement.46-5-31Change of use or place of diversion.46-5-31.1Abandoned permitted irrigation use--Stock watering permitted.46-5-32Assignment of application, permit, or license.46-5-33Irrigation application, permit, or right not assignable apart from land.46-5-34Irrigation rights appurtenant to land--Amendment of permit required for severance and transfer.46-5-34.1Transfer of irrigation rights apart from land--Restricted purposes--Protection of other users.46-5-35RepealedRepealed 46-5-36Abandonment of use of water appurtenant to land--Public water subject to general appropriation.46-5-37Failure to use beneficially appropriated water--Forfeiture for nonuse--Reversion to public.46-5-37.1Abandonment or forfeiture of permits or rights--Recommendation of chief engineer for cancellation.46-5-37.2Exceptions to forfeiture for nonuse.46-5-38Future use of water--Entities entitled to reservation.46-5-38.1Future use of water--Permit required for actual use--Review of future use permits.46-5-39Temporary use permits--Authorization for.46-5-40Temporary use permits--Cancellation.46-5-40.1Temporary permits for use of public water for construction, testing, or drilling purposes--Term of permit--Qualifications and limitations.46-5-4146-5-41 to 46-5-43. Repealed by SL 1983, ch 314, §§ 74 to 76 46-5-44United States withdrawal of unappropriated waters--Cancellation.46-5-45RepealedRepealed 46-5-46Unauthorized use or waste of water or violation of permit or license prohibited.46-5-47Flood control--Permit required.46-5-48Flood control--Emergency facilities authorized.46-5-49Filing of vested right claim--Hearing--Mandatory filing--Waiver of right.46-5-50Drip irrigation defined.46-5-51Permit not required for drip irrigation.46-5-52Noncommercial purposes defined.