Home/South Dakota/Statutes/Title 46: WATER RIGHTS/Ch. 46-1: DEFINITIONS AND GENERAL PROVISIONS/§ 46-1-1
South Dakota Statutes

§ 46-1-1 — Use of water of state--Paramount interest of people--Conversion to public use.

South Dakota § 46-1-1
JurisdictionSouth Dakota
Title 46WATER RIGHTS
Ch. 46-1DEFINITIONS AND GENERAL PROVISIONS

This text of South Dakota § 46-1-1 (Use of water of state--Paramount interest of people--Conversion to public use.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
S.D. Codified Laws § 46-1-1 (2026).

Text

It is hereby declared that the people of the state have a paramount interest in the use of all the water of the state and that the state shall determine what water of the state, surface and underground, can be converted to public use or controlled for public protection.

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Related

Parks v. Cooper
2004 SD 27 (South Dakota Supreme Court, 2004)
27 case citations
In Re Application No. 5189-3 to Extend Time
467 N.W.2d 907 (South Dakota Supreme Court, 1991)
11 case citations
McCook Lake Recreation Area v. Dakota Bay, LLC
2025 S.D. 53 (South Dakota Supreme Court, 2025)

Legislative History

SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0101 (3).

Nearby Sections

15
§ 46-1-1
Use of water of state--Paramount interest of people--Conversion to public use.
§ 46-1-10
Vested rights acquired before July 1, 1955, validated.
§ 46-1-11
Violations of water use laws as misdemeanors--Civil fine in addition--Each day as separate violation--Exemption of board and commission actions.
§ 46-1-12
Suspension or cancellation of permit or license.
§ 46-1-13
Grant of water right for use outside state.
§ 46-1-14
Terms and conditions of permits and licenses--Amendment.
§ 46-1-15
Permit required for appropriation of waters.
§ 46-1-16
Authority of chief engineer to issue permits--Scheduling application.
§ 46-1-2
Development of water resources for public benefit.
§ 46-1-3
Water as property of people--Appropriation of right to use.
§ 46-1-4
Beneficial use of water resources--Prevention of waste--Right to water from natural stream or watercourse.
§ 46-1-5
Domestic use of water takes precedence over appropriative rights--Governmental use.
§ 46-1-6
Definition of terms.
§ 46-1-7
Standards of measurement--Flow of water--Volume of water--Miner's inch.
§ 46-1-8
Beneficial use--Measure and limit of right to use of waters.
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Bluebook (online)
South Dakota § 46-1-1, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/46-1-1.