§ 46-5-1 Natural flow of stream or spring–Restrictions on riparian use
§ 46-5-1.1 Obstruction of navigable watercourse or interference with stage, level, orflow of public waters prohibited–Contests resolved by Water ManagementBoard
§ 46-5-1.2 Removal of obstructions built by beavers if lands flooded or water rightsimpaired
§ 46-5-2 Nonnavigable stream–Right to construct and maintain dam
§ 46-5-3 Natural spring forming part of stream–Right to appropriate flow fromspring
§ 46-5-4 Priority of appropriative rights granted since March 7, 1907
§ 46-5-4.1 Validation of prior licenses
§ 46-5-5 Waters flowing in definite stream subject to appropriation–Beneficial use–Excessive appropriation not allowed
§ 46-5-6 Appropriation of water for irrigation–Limitation of amount
§ 46-5-6.1 Restrictions on appropriation of Missouri River water for irrigation
§ 46-5-6.11 Authority of chief engineer to issue appropriation permits
§ 46-5-7 Priority of appropriation–Date of filing application
§ 46-5-8 Permit not required for domestic use–Permit required for dams on streamsor dry-draws–Registration of domestic wells
§ 46-5-8.1 Permit issued by board to effectuate contract between district and energyindustry user–Cancellation of permit or license
§ 46-5-8.2 Permit required for water distribution system
§ 46-5-9 Construction of works prior to obtaining permit to appropriate waterprohibited
§ 46-5-10 Appropriation of water–Application for permit required
§ 46-5-11 Application–Information required
§ 46-5-13 Diversion rate and amount allowed by permit
§ 46-5-13.1 Change of location of diversion point
§ 46-5-14 Water which may be reclaimed
§ 46-5-15 Water diverted for municipal use–Issuance of permit–Contest and appeal
§ 46-5-20.1 Legislative approval required for large-scale appropriation–Eminent domainpowers denied for unauthorized appropriation
§ 46-5-21.1 Permits for energy industry use–Period for application of water to beneficialuse
§ 46-5-24 Amendment or change of plans of construction or place of diversion
§ 46-5-25 Diligent prosecution of construction work–Forfeiture of rights–Extension
§ 46-5-26 Extension of time for completion of construction or application to beneficialuse
§ 46-5-30 Inspection of works by chief engineer before use–Authority to requirechanges
§ 46-5-30.1 License issued by chief engineer
§ 46-5-30.2 Limitations on rights given by permit or license
§ 46-5-30.3 Sale or transfer of application, permit, or license–Notice to chief engineer
§ 46-5-30.4 Amendment of permits or rights
§ 46-5-30.5 Unpermitted acreage developed for irrigation–Requirement
§ 46-5-31 Change of use or place of diversion
§ 46-5-31.1 Abandoned permitted irrigation use–Stock watering permitted
§ 46-5-32 Assignment of application, permit, or license
§ 46-5-33 Irrigation application, permit, or right not assignable apart from land
§ 46-5-34 Irrigation rights appurtenant to land–Amendment of permit required forseverance and transfer
§ 46-5-34.1 Transfer of irrigation rights apart from land–Restricted purposes–Protectionof other users
§ 46-5-36 Abandonment of use of water appurtenant to land–Public water subject togeneral appropriation
§ 46-5-37 Failure to use beneficially appropriated water–Forfeiture for nonuse–Reversion to public
§ 46-5-37.1 Abandonment or forfeiture of permits or rights–Recommendation of chiefengineer for cancellation
§ 46-5-37.2 Exceptions to forfeiture for nonuse
§ 46-5-38 Future use of water–Entities entitled to reservation
§ 46-5-38.1 Future use of water–Permit required for actual use–Review of future usepermits
§ 46-5-44 United States withdrawal of unappropriated waters–Cancellation
§ 46-5-46 Unauthorized use or waste of water or violation of permit or licenseprohibited
§ 46-5-47 Flood control–Permit required
§ 46-5-48 Flood control–Emergency facilities authorized
§ 46-5-49 Filing of vested right claim–Hearing–Mandatory filing–Waiver of right
§ 46-5-50 Drip irrigation defined
§ 46-5-51 Permit not required for drip irrigation
§ 46-5-52 Noncommercial purposes defined
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Terms Used In South Dakota Codified Laws > Title 46 > Chapter 5 - Appropriation of Water

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Contract: A legal written agreement that becomes binding when signed.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2