Home/South Dakota/Statutes/Title 46: WATER RIGHTS/Ch. 46-1: DEFINITIONS AND GENERAL PROVISIONS/§ 46-1-3
South Dakota Statutes

§ 46-1-3 — Water as property of people--Appropriation of right to use.

South Dakota § 46-1-3
JurisdictionSouth Dakota
Title 46WATER RIGHTS
Ch. 46-1DEFINITIONS AND GENERAL PROVISIONS

This text of South Dakota § 46-1-3 (Water as property of people--Appropriation of right to 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 § 46-1-3 (2026).

Text

It is hereby declared that all water within the state is the property of the people of the state, but the right to the use of water may be acquired by appropriation as provided by law.

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Related

Matter of SD Water Mgmt. Bd.
351 N.W.2d 119 (South Dakota Supreme Court, 1984)
29 case citations
Parks v. Cooper
2004 SD 27 (South Dakota Supreme Court, 2004)
27 case citations
In re the Decision of the State Water Management Board Approving Water Permit No. 1791-2
351 N.W.2d 119 (South Dakota Supreme Court, 1984)
13 case citations
McCook Lake Recreation Area v. Dakota Bay, LLC
2025 S.D. 53 (South Dakota Supreme Court, 2025)
Nelson v. Belle Fourche Irrigation District
845 F. Supp. 1361 (D. South Dakota, 1994)

Legislative History

SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0101 (2); SL 1983, ch 314, § 1.

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 § 46-1-3, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/46-1-3.