46A-5-27. Diversion of water from channel unauthorized without payment of just compensation.
Nothing contained in chapters 46A-4 to 46A-7, inclusive, authorizes any person to divert the waters of any river, creek, stream, canal, or ditch from its channel, so that the vested right of any person having any interest in the river, creek, stream, canal, or ditch, or the waters of the river, creek, stream, canal, or ditch, is invaded or interfered with, unless previous compensation has been determined and paid under the laws of this state authorizing the taking of private property for public use.
Source: SDC 1939, §61.0928; SDCL §46-13-27; SL 2011, ch 165, §390.
Structure South Dakota Codified Laws
Chapter 05 - Irrigation District Projects And Operations
Section 46A-5-2 - Resolution of board of directors--General plan of proposed operation, contents.
Section 46A-5-4.1 - Eligibility to vote in bond election.
Section 46A-5-6 - Location of line of canal and branches--Purchase or condemnation of property.
Section 46A-5-8 - Right-of-way for laterals--Duties of board of directors--Eminent domain.
Section 46A-5-9 - Right-of-way for works for collection of water over state lands and waters.
Section 46A-5-10 - Construction of works across streams, watercourses, highways, and railways.
Section 46A-5-12 - Acquisition of property--Actions and proceedings by and against district.
Section 46A-5-14 - Contractor's bond--Sureties--Approval by board of directors--Terms.
Section 46A-5-15 - Work done under engineer--Approval by board of directors.
Section 46A-5-17 - Bids unnecessary for contract with United States.
Section 46A-5-19 - Deposit of district bonds as security for federal contract.
Section 46A-5-20 - District bonds not deposited as security for federal contract.
Section 46A-5-23 - Flow of water through ditches and canals at full capacity.
Section 46A-5-25 - Apportionment of water by board.
Section 46A-5-28 - Appropriation from district general fund for advertising.