S.D. Codified Laws § 46-5-37 (2026)
If any person entitled to the use of appropriated water fails to use beneficially any part of the water for the purpose for which it was appropriated, for a period of three years, the unused water shall revert to the public and shall be regarded as unappropriated public water.
Source: SDC 1939, § 61.0139; SL 1955, ch 430 , § 1; SDC Supp 1960, § 61.0125; SL 2011, ch 165 , § 269.