46-4-2. Upper users priority for domestic use--Exception--Contest resolution--Appeal.
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 lower dry-draw owners shall be brought to the Water Management Board first for resolution. The board's ruling may be appealed to circuit court under the provisions of chapter 1-26.
Source: SL 1957, ch 490, §3; SDC Supp 1960, §61.0138 (5); SL 1983, ch 318, §3.
Structure South Dakota Codified Laws
Chapter 04 - Dry-Draw And Nonnavigable Stream Dams
Section 46-4-1.1 - Nonnavigable stream--Right to construct and maintain dam.
Section 46-4-2 - Upper users priority for domestic use--Exception--Contest resolution--Appeal.
Section 46-4-3 - Location notice required--Filing.
Section 46-4-4 - Location notice--Contents--Verification.
Section 46-4-5 - Vested right to water from dry-draw.
Section 46-4-6 - Time for construction and completion of dam.