Title 46 — WATER RIGHTS
36 chapters · 230 sections in this title.
SDCL § 46-1-1 Use of water of state--Paramount interest of people--Conversion to public use
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It is hereby declared that the people of the state have a paramount interest in the use of all the water of the state and that the state shall determine what water of the state, surface and underground, can be converted to public use or controlled for public protection. Source: S…
SDCL § 46-1-10 Vested rights acquired before July 1, 1955, validated
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All vested rights as defined in § 46-1-9 acquired before July 1, 1955, are hereby in all respects validated. Source: SL 1955, ch 430 , § 1; SDC Supp 1960, § 61.0106.
SDCL § 46-1-11 Violations of water use laws as misdemeanors--Civil fine in addition--Each day as separate violation--Exemption of board and commission actions
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Unless otherwise provided in this title, any person, firm, or corporation violating any of the provisions of chapters 46-4 to 46-10 , inclusive, is guilty of a Class 2 misdemeanor. In addition, a civil fine of not more than five hundred dollars may be imposed for the violation. E…
SDCL § 46-1-13 Grant of water right for use outside state
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A water right may be granted for uses outside this state on the same basis and subject to the same terms and conditions as water rights are granted to persons for use of water within this state, subject to the principle of beneficial use as defined in subdivision § 46-1-6(3). Sou…
SDCL § 46-1-15 Permit required for appropriation of waters
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Except as otherwise provided throughout this title, no person may appropriate the waters of this state for any purpose without first obtaining a permit to do so. Source: SL 1983, ch 314 , § 13.
SDCL § 46-1-16 Authority of chief engineer to issue permits--Scheduling application
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The provisions of § 46-1-14 notwithstanding, the board may promulgate rules pursuant to chapter 1-26 to delegate the authority to issue permits to the chief engineer if the applicant does not contest the recommendation of the chief engineer and no person has filed a petition to o…
SDCL § 46-1-2 Development of water resources for public benefit
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It is hereby declared that the protection of the public interest in the development of the water resources of the state is of vital concern to the people of the state and that the state shall determine in what way the water of the state, both surface and underground, should be de…
SDCL § 46-1-3 Water as property of people--Appropriation of right to use
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It is hereby declared that all water within the state is the property of the people of the state, but the right to the use of water may be acquired by appropriation as provided by law. Source: SL 1955, ch 430 , § 1; SDC Supp 1960, § 61.0101 (2); SL 1983, ch 314 , § 1.
SDCL § 46-1-4 Beneficial use of water resources--Prevention of waste--Right to water from natural stream or watercourse
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It is hereby declared that, because of conditions prevailing in this state, the general welfare requires that the water resources of the state be put to beneficial use to the fullest extent of which they are capable, and that the waste or unreasonable method of use of water be pr…
SDCL § 46-1-5 Domestic use of water takes precedence over appropriative rights--Governmental use
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It is the established policy of this state: (1) That the use of water for domestic purposes is the highest use of water and takes precedence over all appropriative rights, if it is exercised in a manner consistent with public interest as provided in § 46-1-2 ; (2) That the state …
SDCL § 46-1-7 Standards of measurement--Flow of water--Volume of water--Miner's inch
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The standard of the measurement of the flow of water shall be the cubic foot per second of time; and the standard of measurement of the volume of water shall be the acre - foot, being the amount of water upon an acre covered one foot deep, equivalent to forty - three thousand fiv…
SDCL § 46-1-8 Beneficial use--Measure and limit of right to use of waters
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Beneficial use is the basis, the measure and the limit of the right to the use of waters described in this title. Source: SL 1955, ch 430 , § 1; SL 1955, ch 431 , § 1; SDC Supp 1960, §§ 61.0102 (6), 61.0401 (10).
SDCL § 46-1-9 Vested rights defined
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The term, vested rights, used in this title means: (1) The right of a riparian owner to continue to use water actually applied to any beneficial use on March 2, 1955, or within three years immediately before that date to the extent of the existing beneficial use made of the water…