46-5-1. Natural flow of stream or spring–Restrictions on riparian use. No landowner may prevent the natural flow of a stream, or of a natural spring from where it starts its definite course, or of a natural spring arising on his or her land which flows into and constitutes a part of the water supply of […]
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. No person may obstruct the free navigation of any navigable watercourse within this state. No person, except under lawful authority to do so, may intentionally obstruct, tamper with, or interfere with the stage, level, […]
46-5-1.2. Removal of obstructions built by beavers if lands flooded or water rights impaired. No person owning land through which a watercourse passes may prohibit the removal of obstructions built by beavers in the watercourse, if the beavers have obstructed or interfered with the flow of water through the watercourse in a manner that floods […]
46-5-10. Appropriation of water–Application for permit required. Any person intending to acquire a right to beneficial use of water shall, before starting construction or placement of works for that purpose or before taking the water from any constructed works, make an application to the Water Management Board for a permit to appropriate water, in the […]
46-5-11. Application–Information required. Water Management Board rules shall, in addition to providing the form and manner of preparing and presenting an application, require the applicant to state the amount of water, periods of annual use, and all other data necessary for proper description and limitation of the right applied for, together with such information, maps, […]
46-5-13. Diversion rate and amount allowed by permit. A permit may allow diversion from a designated source of water from one or more points within an area described in the permit. However total diversion rate and amount may not exceed the rate and amount allowed by the permit. Source: SL 1955, ch 430, §1; SL […]
46-5-13.1. Change of location of diversion point. The location of a point of diversion may be changed or additional points of diversion may be approved if the new or additional point of diversion is from the same source of water, no additional water is appropriated, and, if the water use is for irrigation, no new […]
46-5-14. Water which may be reclaimed. Water turned into any natural or artificial watercourse for means of transport by any person entitled to the use of the water may be reclaimed below and diverted by that person, subject to existing rights, accurate allowance for losses to be made, as approved by the Water Management Board. […]
46-5-15. Water diverted for municipal use–Issuance of permit–Contest and appeal. Natural flow water of any stream appropriated or diverted for municipal use is subject to downstream senior priority water rights. Any contest between water right owners shall be brought to the Water Management Board first for resolution. The board’s ruling may be appealed to circuit […]
46-5-2. Nonnavigable stream–Right to construct and maintain dam. Any person owning land through which any nonnavigable stream passes, may construct and maintain a dam across such nonnavigable stream if the course of the water is not changed, vested rights are not interfered with, and no land flooded other than that belonging to the owner of […]
46-5-20.1. Legislative approval required for large-scale appropriation–Eminent domain powers denied for unauthorized appropriation. Any application for appropriation of water, pursuant to this chapter, in excess of ten thousand acre feet annually shall be presented by the Water Management Board to the Legislature for approval prior to the board’s acting upon the application and all powers […]
46-5-21.1. Permits for energy industry use–Period for application of water to beneficial use. Section 46-2A-8 does not apply to permits issued to the South Dakota Conservancy District for energy industry use or to any permit or right held by an energy industry user acquired pursuant to an assignment by the district. Periods for completion of […]
46-5-24. Amendment or change of plans of construction or place of diversion. The plans of construction or place of diversion may be amended, but no amendment may authorize any extension of time for construction beyond five years from the date of the permit, except as provided by this chapter. A change in the proposed point […]
46-5-25. Diligent prosecution of construction work–Forfeiture of rights–Extension. The work of construction shall be diligently prosecuted to completion. If one-fifth of the work is not completed within one-half the time allowed, as determined by the Water Management Board, the board may accept and approve an application for the use of any of the waters included […]
46-5-26. Extension of time for completion of construction or application to beneficial use. A permit may be amended by extending the time for the completion of construction, or for application to beneficial use, for a reasonable time, but only on account of delays due to physical or engineering difficulties which could not have been reasonably […]
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 […]
46-5-30. Inspection of works by chief engineer before use–Authority to require changes. Within a reasonable time before the date set for the application of the water to a beneficial use, the chief engineer shall inspect the works, if any, after due notice to the holder of the permit. If the works are not properly and […]
46-5-30.1. License issued by chief engineer. Upon completion of an inspection, upon completion of any required changes and upon payment of any applicable fees, the chief engineer shall issue a license to appropriate water to the extent and under the conditions of the actual application of water to beneficial use, but he may not extend […]
46-5-30.2. Limitations on rights given by permit or license. Neither a permit to appropriate water nor a license to appropriate water may become a right to use the water for any purpose or in any manner other than that specified on the permit or license, unless amended pursuant to the provisions of this title. Source: […]
46-5-30.3. Sale or transfer of application, permit, or license–Notice to chief engineer. Notice of any sale, grant, lease, conveyance, or other transfer of an application, permit, or license to appropriate water under the provisions of this title shall be filed with the chief engineer within ninety days. Source: SL 1983, ch 314, §66; SL 2008, […]
