46-5-3. Natural spring forming part of stream--Right to appropriate flow from spring.
Nothing in §46-5-1 or 46-5-2 may be construed to prevent the owner of land on which a natural spring arises and which constitutes the source or part of the water supply of a definite stream from acquiring a right to appropriate the flow from the spring as provided by law for appropriation of waters.
Source: SL 1955, ch 430, §1; SDC Supp 1960, §61.0137; SL 1983, ch 314, §40.