46-4-1. Dry-draw on agricultural lands--Right to construct dam--Right or permit for dam on stream or dry-draw subject to prior appropriation.
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/sd/title-46/chapter-46-4/46-4-1A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.