Section 46-10-2.3 – Powers and duties of court conducting general adjudication.
46-10-2.3. Powers and duties of court conducting general adjudication. The court conducting a general adjudication shall, in addition to exercising any other power or duty conferred by law: (1)Confirm those rights evidenced by previous court decrees when those rights have not been forfeited, abandoned, or otherwise lost; (2)Adjudicate the validity of all cancelled and uncancelled […]
Section 46-8-2.1 – Order of circuit court for entry on land.
46-8-2.1. Order of circuit court for entry on land. The circuit court for the county in which a proposed water project is located has jurisdiction to issue an order permitting entry upon land for the purpose of surveying or locating the most advantageous route for works necessary to put water to beneficial use. No order […]
Section 46-8-6 – Multiple water conduits prohibited where single conduit sufficient.
46-8-6. Multiple water conduits prohibited where single conduit sufficient. The right of eminent domain may not be exercised to allow two or more pipelines, canals, ditches, or other water conduits to be constructed on lands owned by any person when a single pipeline, canal, ditch, or other water conduit can feasibly convey the water. Source: […]
Section 46-8-7 – Plat of route for water conduit–Certification and recording.
46-8-7. Plat of route for water conduit–Certification and recording. When the route for any pipeline, canal, ditch, or other water conduit mentioned in this chapter is located, a correct survey and plat of the route shall be made, indicating by proper description the lands over which the route is located. The plat shall be certified […]
Section 46-8-8 – Right for location of route an easement.
46-8-8. Right for location of route an easement. The right acquired by the location of the route for any waterway mentioned in this chapter shall be an easement. Source: SDC 1939, §61.0425; SL 1955, ch 431, §1; SL 1983, ch 314, §140.
Section 46-8-10 – Reasonable access to land.
46-8-10. Reasonable access to land. The owner of any works for application of water to beneficial use which may prevent reasonable access to lands crossed or adjacent to the works is responsible for providing reasonable access to the land. If the owner of the works does not provide reasonable access, the owner or occupant of […]
Section 46-8-16 – Right to cross public or railroad right-of-way–Construction of bridges, culverts, or similar structures.
46-8-16. Right to cross public or railroad right-of-way–Construction of bridges, culverts, or similar structures. An owner of works for the storage, carriage, or application of water to beneficial use has the right to cross any public or railroad right-of-way, subject to such reasonable conditions as may be prescribed by the board or officer having charge […]
Section 46-8-18 – Right to cross school and public lands–Notice to commissioner.
46-8-18. Right to cross school and public lands–Notice to commissioner. An owner of works for storage, carriage, or application of water to beneficial use has the right, if necessary, to cross school and public lands, subject to such reasonable conditions as may be prescribed by the commissioner of school and public lands. The owner of […]
Section 46-10-1 – Action for general adjudication of water or water use rights–When attorney general to bring.
46-10-1. Action for general adjudication of water or water use rights–When attorney general to bring. It shall be the duty of the attorney general to bring an action for the general adjudication of the nature, extent, content, scope, and relative priority of the water rights and the rights to use water of all persons, or […]
Section 46-10-1.1 – Procedure in actions for general adjudication.
46-10-1.1. Procedure in actions for general adjudication. The procedure in any case of general adjudication shall be as in other civil cases, insofar as that procedure is not inconsistent with this chapter. Source: SL 1980, ch 305, §15.