South Dakota Codified Laws 46-4-1. Dry-draw on agricultural lands–Right to construct dam–Right or permit for dam onstream or dry-draw subject to prior appropriation
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Upon compliance with § 46-4-3, any person who has or holds any possession, right or title to any agricultural lands may construct a dam across a dry–draw without obtaining a permit to appropriate water unless the dam will impound more than twenty–five acre feet of water. Any water right or permit for a dam on a stream or a dry–draw for domestic or other use is subject to the doctrine of prior appropriation.
Terms Used In South Dakota Codified Laws 46-4-1
- 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
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
Source: SDC 1939, § 61.0133; SL 1955, ch 430, § 1; SL 1957, ch 490, § 3; SL 1959, ch 451; SDC Supp 1960, § 61.0138 (1); SL 1983, ch 318, § 1.