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.