Title 46 — WATER RIGHTS

Upon compliance with § 46-4-3 , any person who has or holds any possession, right or title to any agricultural lands may construct a dam across a dry - draw without obtaining a permit to appropriate water unless the dam will impound more than twenty - five acre feet of water. Any…

Any person owning land through which any nonnavigable stream passes may construct and maintain a dam across the 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 the d…

For the uses stated in this chapter, upper users have first priority for domestic use except that it is unlawful for an upper owner to build new works that would deprive a lower owner of water which has been regularly approved under this chapter. Any contest between upper and low…

Any person desiring to take advantage of any of the rights provided in this chapter shall file a location notice with the register of deeds of the county in which the right is located and shall mail a copy of the notice to the Water Management Board. Source: SDC 1939, § 61.0133; …

The location notice required under the provisions of § 46-4-3 shall contain the following information: (1) The name and address of the landowner and of the locator; (2) The date of the notice; (3) The legal description of the land upon which the dam is to be located; (4) The tota…

The right of any person to continue the use of water from any dry-draw is a vested right, to the extent it is not abandoned or forfeited and: (1) The water had actually been applied to a beneficial use on March 18, 1957, or within three years immediately before that date to the e…

Any person appropriating the waters of any dry - draw or watercourse within this state, within sixty days after the filing of the notice provided for in §§ 46-4-3 and 46-4-4 , shall begin the construction of the dam mentioned in § 46-4-1 for the storage or diversion of the waters…