PocketLaw | South Dakota Codified Laws | Appropriation Of Water

Appropriation Of Water

Checkout our iOS App for a better way to browser and research.

Natural flow of stream or spring--Restrictions on riparian use.

Section
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.

Section
46-5-1.2

Removal of obstructions built by beavers if lands flooded or water rights impaired.

Nonnavigable stream--Right to construct and maintain dam.

Natural spring forming part of stream--Right to appropriate flow from spring.

Priority of appropriative rights granted since March 7, 1907.

Section
46-5-4.1

Validation of prior licenses.

Waters flowing in definite stream subject to appropriation--Beneficial use--Excessive appropriation not allowed.

Appropriation of water for irrigation--Limitation of amount.

Section
46-5-6.1

Restrictions on appropriation of Missouri River water for irrigation.

Section
46-5-6.2

to 46-5-6.10. Repealed.

Section
46-5-6.11

Authority of chief engineer to issue appropriation permits.

Priority of appropriation--Date of filing application.

Permit not required for domestic use--Permit required for dams on streams or dry-draws--Registration of domestic wells.

Section
46-5-8.1

Permit issued by board to effectuate contract between district and energy industry user--Cancellation of permit or license.

Section
46-5-8.2

Permit required for water distribution system.

Construction of works prior to obtaining permit to appropriate water prohibited.

Section
46-5-10

Appropriation of water--Application for permit required.

Section
46-5-11

Application--Information required.

Section
46-5-12

Repealed.

Section
46-5-13

Diversion rate and amount allowed by permit.

Section
46-5-13.1

Change of location of diversion point.

Section
46-5-14

Water which may be reclaimed.

Section
46-5-15

Water diverted for municipal use--Issuance of permit--Contest and appeal.

Section
46-5-16

Repealed.

Sections
46-5-17 - to 46-5-19

Repealed.

Section
46-5-20

Repealed.

Section
46-5-20.1

Legislative approval required for large-scale appropriation--Eminent domain powers denied for unauthorized appropriation.

Section
46-5-21

Repealed.

Section
46-5-21.1

Permits for energy industry use--Period for application of water to beneficial use.

Section
46-5-22

Repealed.

Section
46-5-23

Repealed.

Section
46-5-24

Amendment or change of plans of construction or place of diversion.

Section
46-5-25

Diligent prosecution of construction work--Forfeiture of rights--Extension.

Section
46-5-26

Extension of time for completion of construction or application to beneficial use.

Sections
46-5-27 - to 46-5-29

Repealed.

Section
46-5-30

Inspection of works by chief engineer before use--Authority to require changes.

Section
46-5-30.1

License issued by chief engineer.

Section
46-5-30.2

Limitations on rights given by permit or license.

Section
46-5-30.3

Sale or transfer of application, permit, or license--Notice to chief engineer.

Section
46-5-30.4

Amendment of permits or rights.

Section
46-5-30.5

Unpermitted acreage developed for irrigation--Requirement.

Section
46-5-31

Change of use or place of diversion.

Section
46-5-31.1

Abandoned permitted irrigation use--Stock watering permitted.

Section
46-5-32

Assignment of application, permit, or license.

Section
46-5-33

Irrigation application, permit, or right not assignable apart from land.

Section
46-5-34

Irrigation rights appurtenant to land--Amendment of permit required for severance and transfer.

Section
46-5-34.1

Transfer of irrigation rights apart from land--Restricted purposes--Protection of other users.

Section
46-5-35

Repealed.

Section
46-5-36

Abandonment of use of water appurtenant to land--Public water subject to general appropriation.

Section
46-5-37

Failure to use beneficially appropriated water--Forfeiture for nonuse--Reversion to public.

Section
46-5-37.1

Abandonment or forfeiture of permits or rights--Recommendation of chief engineer for cancellation.

Section
46-5-37.2

Exceptions to forfeiture for nonuse.

Section
46-5-38

Future use of water--Entities entitled to reservation.

Section
46-5-38.1

Future use of water--Permit required for actual use--Review of future use permits.

Section
46-5-39

Temporary use permits--Authorization for.

Section
46-5-40

Temporary use permits--Cancellation.

Section
46-5-40.1

Temporary permits for use of public water for construction, testing, or drilling purposes--Term of permit--Qualifications and limitations.

Sections
46-5-41 - to 46-5-43

Repealed.

Section
46-5-44

United States withdrawal of unappropriated waters--Cancellation.

Section
46-5-45

Repealed.

Section
46-5-46

Unauthorized use or waste of water or violation of permit or license prohibited.

Section
46-5-47

Flood control--Permit required.

Section
46-5-48

Flood control--Emergency facilities authorized.

Section
46-5-49

Filing of vested right claim--Hearing--Mandatory filing--Waiver of right.

Section
46-5-50

Drip irrigation defined.

Section
46-5-51

Permit not required for drip irrigation.

Section
46-5-52

Noncommercial purposes defined.