5-4-2. Right-of-way for federally authorized waterworks and utility lines--Waterworks of persons holding water rights--Reservation in conveyances--Purchasers' right to irrigation water.
There is hereby granted over all school and public lands, now or hereafter belonging to the state, a right-of-way for ditches or canals and for tunnels, tramways and telephone and electrical transmission lines, constructed by authority of the United States. There is also hereby granted to any person holding a valid water right under statutes of this state a right-of-way for the construction of dams, canals, water ditches, and laterals over all school and public land now and hereafter belonging to the state, when constructed by authority of the commissioner of school and public lands. All conveyances and contracts of sale of school and public lands shall contain a reservation of such right-of-way. Purchasers of school and public lands shall have the right to obtain water from any irrigation system, parts of which may be located on such school and public lands, provided such lands are purchased within five years after the construction of any such irrigation system.
Source: SL 1907, ch 180, §58; SL 1911, ch 262; RC 1919, §8257; SDC 1939, §61.0147; SL 1955, ch 430, §1; SDC Supp 1960, §61.0133.
Structure South Dakota Codified Laws
Title 5 - Public Property, Purchases and Contracts
Chapter 04 - Administration Of School And Public Lands
Section 5-4-1 - Claim not acquired by occupancy by trespasser--Right to remove improvements.
Section 5-4-3 - Map of waterworks to be filed.
Section 5-4-5.1 - Easements for national guard training sites.
Section 5-4-5.2 - Wind and solar easements and leases.
Section 5-4-11 - Unauthorized removal of wood from school or public lands as misdemeanor.
Section 5-4-12 - Waste on public lands as misdemeanor.
Section 5-4-14 - Preparation of advertisements--Publication--Signature.
Section 5-4-15 - Misdemeanor to start open fire on public lands except in established fireplace.