South Dakota

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, or flow of public waters prohibited--Contests resolved by Water Management Board.

46-5-1.2. Removal of obstructions built by beavers if lands flooded or water rights impaired.

46-5-2. Nonnavigable stream--Right to construct and maintain dam.

46-5-3. Natural spring forming part of stream--Right to appropriate flow from spring.

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.

46-5-6.2. 46-5-6.2 to 46-5-6.10. Repealed by SL 1994, ch 313, § 6

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 streams or dry-draws--Registration of domestic wells.

46-5-8.1. Permit issued by board to effectuate contract between district and energy industry 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 water prohibited.

46-5-10. Appropriation of water--Application for permit required.

46-5-11. Application--Information required.

46-5-12. 46-5-12. Repealed by SL 1985, ch 345, § 4

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.

46-5-16. 46-5-16. Repealed by SL 1985, ch 345, § 6

46-5-17. 46-5-17 to 46-5-19. Repealed by SL 1983, ch 316, §§ 7 to 9

46-5-20. 46-5-20. Repealed by SL 1983, ch 316, § 15

46-5-20.1. Legislative approval required for large-scale appropriation--Eminent domain powers denied for unauthorized appropriation.

46-5-21. 46-5-21. Repealed by SL 1983, ch 316, § 17

46-5-21.1. Permits for energy industry use--Period for application of water to beneficial use.

46-5-22. 46-5-22. Repealed by SL 1983, ch 316, § 14

46-5-23. 46-5-23. Repealed by SL 1981 (2d SS), ch 1, § 14

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 beneficial use.

46-5-27. 46-5-27 to 46-5-29. Repealed by SL 1983, ch 314, §§ 54 to 56

46-5-30. Inspection of works by chief engineer before use--Authority to require changes.

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 for severance and transfer.

46-5-34.1. Transfer of irrigation rights apart from land--Restricted purposes--Protection of other users.

46-5-35. 46-5-35. Repealed by SL 1996, ch 263, § 3

46-5-36. Abandonment of use of water appurtenant to land--Public water subject to general 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 chief engineer 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 use permits.

46-5-39. Temporary use permits--Authorization for.

46-5-40. Temporary use permits--Cancellation.

46-5-40.1. Temporary permits for use of public water for construction, testing, or drilling purposes--Term of permit--Qualifications and limitations.

46-5-41. 46-5-41 to 46-5-43. Repealed by SL 1983, ch 314, §§ 74 to 76

46-5-44. United States withdrawal of unappropriated waters--Cancellation.

46-5-45. 46-5-45. Repealed by SL 1983, ch 314, § 78

46-5-46. Unauthorized use or waste of water or violation of permit or license prohibited.

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.

46A-5-1. Use of water and property for irrigation of lands--Public use--Regulation and control by state.

46A-5-2. Resolution of board of directors--General plan of proposed operation, contents.

46A-5-3. Determination of construction costs by board of directors--Examinations and surveys--Surveys, maps, plans, and estimates, certification by irrigation engineer.

46A-5-4. Determination of funds required--Authorization, issuance, and sale of bonds--Election--Amount of bonds.

46A-5-4.1. Eligibility to vote in bond election.

46A-5-5. Contract with United States for construction, operation, and maintenance of works--Bonds not deposited in connection therewith, issuance unnecessary--Issuance of bonds for funds in addition to amount of federal contract.

46A-5-6. Location of line of canal and branches--Purchase or condemnation of property.

46A-5-7. Construction of works for collection and distribution of water--Furnishing of water for irrigation.

46A-5-8. Right-of-way for laterals--Duties of board of directors--Eminent domain.

46A-5-9. Right-of-way for works for collection of water over state lands and waters.

46A-5-10. Construction of works across streams, watercourses, highways, and railways.

46A-5-11. Property acquired for project--Title vested in district--Management by board of directors.

46A-5-12. Acquisition of property--Actions and proceedings by and against district.

46A-5-13. Adoption of plan of works--Notice of plan and call for bids--Publication--Contents.

46A-5-14. Contractor's bond--Sureties--Approval by board of directors--Terms.

46A-5-15. Work done under engineer--Approval by board of directors.

46A-5-16. Contracts for material--Lowest responsible bidder--Security for bid, amount, forfeiture.

46A-5-17. Bids unnecessary for contract with United States.

46A-5-18. Contracts with United States concerning federal reclamation acts and water supply.

46A-5-19. Deposit of district bonds as security for federal contract.

46A-5-20. District bonds not deposited as security for federal contract.

46A-5-21. District appointment as fiscal agent of United States--Collection of money for federal reclamation projects.

46A-5-22. 46A-5-22. Obsolete

46A-5-23. Flow of water through ditches and canals at full capacity.

46A-5-24. Measuring devices, placement--System for interchange of water--Duties of board of directors.

46A-5-25. Apportionment of water by board.

46A-5-26. Liability for negligence in delivering or failure to deliver water--Notice to district chair--Time for service of notice and action.

46A-5-27. Diversion of water from channel unauthorized without payment of just compensation.

46A-5-28. Appropriation from district general fund for advertising.

46A-5-29. General fund of district--Appropriation by board of directors for support of county fair, maximum amount.

46A-5-30. 46A-5-30. Repealed by SL 1995, ch 253, § 4

46A-5-31. Contract to supply water to users for nonirrigation purposes--Authority of district to enter.