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U.S. State Codes
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South-Dakota
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Title 46 - Water Rights
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Chapter 05 - Appropriation Of Water
Chapter 05 - Appropriation Of Water
§ 46-5-1 Natural flow of stream or spring--Restrictions on riparian use.
§ 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.
§ 46-5-1.2 Removal of obstructions built by beavers if lands flooded or water rights impaired.
§ 46-5-2 Nonnavigable stream--Right to construct and maintain dam.
§ 46-5-3 Natural spring forming part of stream--Right to appropriate flow from spring.
§ 46-5-4 Priority of appropriative rights granted since March 7, 1907.
§ 46-5-4.1 Validation of prior licenses.
§ 46-5-5 Waters flowing in definite stream subject to appropriation--Beneficial use--Excessive appropriation not allowed.
§ 46-5-6 Appropriation of water for irrigation--Limitation of amount.
§ 46-5-6.1 Restrictions on appropriation of Missouri River water for irrigation.
§ 46-5-6.2 to 46-5-6.10. Repealed.
§ 46-5-6.11 Authority of chief engineer to issue appropriation permits.
§ 46-5-7 Priority of appropriation--Date of filing application.
§ 46-5-8 Permit not required for domestic use--Permit required for dams on streams or dry-draws--Registration of domestic wells.
§ 46-5-8.1 Permit issued by board to effectuate contract between district and energy industry user--Cancellation of permit or license.
§ 46-5-8.2 Permit required for water distribution system.
§ 46-5-9 Construction of works prior to obtaining permit to appropriate water prohibited.
§ 46-5-10 Appropriation of water--Application for permit required.
§ 46-5-11 Application--Information required.
§ 46-5-12 Repealed.
§ 46-5-13 Diversion rate and amount allowed by permit.
§ 46-5-13.1 Change of location of diversion point.
§ 46-5-14 Water which may be reclaimed.
§ 46-5-15 Water diverted for municipal use--Issuance of permit--Contest and appeal.
§ 46-5-16 Repealed.
§ 46-5-17 to 46-5-19. Repealed.
§ 46-5-20 Repealed.
§ 46-5-20.1 Legislative approval required for large-scale appropriation--Eminent domain powers denied for unauthorized appropriation.
§ 46-5-21 Repealed.
§ 46-5-21.1 Permits for energy industry use--Period for application of water to beneficial use.
§ 46-5-22 Repealed.
§ 46-5-23 Repealed.
§ 46-5-24 Amendment or change of plans of construction or place of diversion.
§ 46-5-25 Diligent prosecution of construction work--Forfeiture of rights--Extension.
§ 46-5-26 Extension of time for completion of construction or application to beneficial use.
§ 46-5-27 to 46-5-29. Repealed.
§ 46-5-30 Inspection of works by chief engineer before use--Authority to require changes.
§ 46-5-30.1 License issued by chief engineer.
§ 46-5-30.2 Limitations on rights given by permit or license.
§ 46-5-30.3 Sale or transfer of application, permit, or license--Notice to chief engineer.
§ 46-5-30.4 Amendment of permits or rights.
§ 46-5-30.5 Unpermitted acreage developed for irrigation--Requirement.
§ 46-5-31 Change of use or place of diversion.
§ 46-5-31.1 Abandoned permitted irrigation use--Stock watering permitted.
§ 46-5-32 Assignment of application, permit, or license.
§ 46-5-33 Irrigation application, permit, or right not assignable apart from land.
§ 46-5-34 Irrigation rights appurtenant to land--Amendment of permit required for severance and transfer.
§ 46-5-34.1 Transfer of irrigation rights apart from land--Restricted purposes--Protection of other users.
§ 46-5-35 Repealed.
§ 46-5-36 Abandonment of use of water appurtenant to land--Public water subject to general appropriation.
§ 46-5-37 Failure to use beneficially appropriated water--Forfeiture for nonuse--Reversion to public.
§ 46-5-37.1 Abandonment or forfeiture of permits or rights--Recommendation of chief engineer for cancellation.
§ 46-5-37.2 Exceptions to forfeiture for nonuse.
§ 46-5-38 Future use of water--Entities entitled to reservation.
§ 46-5-38.1 Future use of water--Permit required for actual use--Review of future use permits.
§ 46-5-39 Temporary use permits--Authorization for.
§ 46-5-40 Temporary use permits--Cancellation.
§ 46-5-40.1 Temporary permits for use of public water for construction, testing, or drilling purposes--Term of permit--Qualifications and limitations.
§ 46-5-41 to 46-5-43. Repealed.
§ 46-5-44 United States withdrawal of unappropriated waters--Cancellation.
§ 46-5-45 Repealed.
§ 46-5-46 Unauthorized use or waste of water or violation of permit or license prohibited.
§ 46-5-47 Flood control--Permit required.
§ 46-5-48 Flood control--Emergency facilities authorized.
§ 46-5-49 Filing of vested right claim--Hearing--Mandatory filing--Waiver of right.
§ 46-5-50 Drip irrigation defined.
§ 46-5-51 Permit not required for drip irrigation.
§ 46-5-52 Noncommercial purposes defined.