South Dakota Codified Laws
Chapter 05 - Appropriation Of Water
Section 46-5-9 - Construction of works prior to obtaining permit to appropriate water prohibited.

South Dakota Codified Laws

Title 46 - Water Rights

Chapter 05 - Appropriation Of Water

Section 46-5-1 - Natural flow of stream or spring--Restrictions on riparian use.

Section 46-5-1.1 - Obstruction of navigable watercourse or interference with stage, level, or flow of public waters prohibited--Contests resolved by Water Management Board.

Section 46-5-1.2 - Removal of obstructions built by beavers if lands flooded or water rights impaired.

Section 46-5-2 - Nonnavigable stream--Right to construct and maintain dam.

Section 46-5-3 - Natural spring forming part of stream--Right to appropriate flow from spring.

Section 46-5-4 - Priority of appropriative rights granted since March 7, 1907.

Section 46-5-4.1 - Validation of prior licenses.

Section 46-5-5 - Waters flowing in definite stream subject to appropriation--Beneficial use--Excessive appropriation not allowed.

Section 46-5-6 - Appropriation of water for irrigation--Limitation of amount.

Section 46-5-6.1 - Restrictions on appropriation of Missouri River water for irrigation.

Section 46-5-6.11 - Authority of chief engineer to issue appropriation permits.

Section 46-5-7 - Priority of appropriation--Date of filing application.

Section 46-5-8 - Permit not required for domestic use--Permit required for dams on streams or dry-draws--Registration of domestic wells.

Section 46-5-8.1 - Permit issued by board to effectuate contract between district and energy industry user--Cancellation of permit or license.

Section 46-5-8.2 - Permit required for water distribution system.

Section 46-5-9 - Construction of works prior to obtaining permit to appropriate water prohibited.

Section 46-5-10 - Appropriation of water--Application for permit required.

Section 46-5-11 - Application--Information required.

Section 46-5-13 - Diversion rate and amount allowed by permit.

Section 46-5-13.1 - Change of location of diversion point.

Section 46-5-14 - Water which may be reclaimed.

Section 46-5-15 - Water diverted for municipal use--Issuance of permit--Contest and appeal.

Section 46-5-20.1 - Legislative approval required for large-scale appropriation--Eminent domain powers denied for unauthorized appropriation.

Section 46-5-21.1 - Permits for energy industry use--Period for application of water to beneficial use.

Section 46-5-24 - Amendment or change of plans of construction or place of diversion.

Section 46-5-25 - Diligent prosecution of construction work--Forfeiture of rights--Extension.

Section 46-5-26 - Extension of time for completion of construction or application to beneficial use.

Section 46-5-30 - Inspection of works by chief engineer before use--Authority to require changes.

Section 46-5-30.1 - License issued by chief engineer.

Section 46-5-30.2 - Limitations on rights given by permit or license.

Section 46-5-30.3 - Sale or transfer of application, permit, or license--Notice to chief engineer.

Section 46-5-30.4 - Amendment of permits or rights.

Section 46-5-30.5 - Unpermitted acreage developed for irrigation--Requirement.

Section 46-5-31 - Change of use or place of diversion.

Section 46-5-31.1 - Abandoned permitted irrigation use--Stock watering permitted.

Section 46-5-32 - Assignment of application, permit, or license.

Section 46-5-33 - Irrigation application, permit, or right not assignable apart from land.

Section 46-5-34 - Irrigation rights appurtenant to land--Amendment of permit required for severance and transfer.

Section 46-5-34.1 - Transfer of irrigation rights apart from land--Restricted purposes--Protection of other users.

Section 46-5-36 - Abandonment of use of water appurtenant to land--Public water subject to general appropriation.

Section 46-5-37 - Failure to use beneficially appropriated water--Forfeiture for nonuse--Reversion to public.

Section 46-5-37.1 - Abandonment or forfeiture of permits or rights--Recommendation of chief engineer for cancellation.

Section 46-5-37.2 - Exceptions to forfeiture for nonuse.

Section 46-5-38 - Future use of water--Entities entitled to reservation.

Section 46-5-38.1 - Future use of water--Permit required for actual use--Review of future use permits.

Section 46-5-39 - Temporary use permits--Authorization for.

Section 46-5-40 - Temporary use permits--Cancellation.

Section 46-5-40.1 - Temporary permits for use of public water for construction, testing, or drilling purposes--Term of permit--Qualifications and limitations.

Section 46-5-44 - United States withdrawal of unappropriated waters--Cancellation.

Section 46-5-46 - Unauthorized use or waste of water or violation of permit or license prohibited.

Section 46-5-47 - Flood control--Permit required.

Section 46-5-48 - Flood control--Emergency facilities authorized.

Section 46-5-49 - Filing of vested right claim--Hearing--Mandatory filing--Waiver of right.

Section 46-5-50 - Drip irrigation defined.

Section 46-5-51 - Permit not required for drip irrigation.

Section 46-5-52 - Noncommercial purposes defined.