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36 chapters · 221 sections in this title.
SDCL § 46-4-1 Dry - draw on agricultural lands--Right to construct dam--Right or permit for dam on stream or dry - draw subject to prior appropriation
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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…
SDCL § 46-4-1.1 Nonnavigable stream--Right to construct and maintain dam
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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…
SDCL § 46-4-2 Upper users priority for domestic use--Exception--Contest resolution--Appeal
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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…
SDCL § 46-4-3 Location notice required--Filing
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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; …
