South Dakota § 46-1-9 Vested rights defined.

South Dakota Statutes

§ 46-1-9 — Vested rights defined.

South Dakota § 46-1-9

Title 46WATER RIGHTS

Ch. 46-1DEFINITIONS AND GENERAL PROVISIONS

This text of South Dakota § 46-1-9 (Vested rights defined.) 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 § 46-1-9 (2026).

Text

The term, vested rights, used in this title means:

(1)The right of a riparian owner to continue to use water actually applied to any beneficial use on March 2, 1955, or within three years immediately before that date to the extent of the existing beneficial use made of the water;

(2)Use for domestic purposes as that term is defined in subdivision 46-1-6(7);

(3)The right of a riparian owner to take and use water for beneficial purposes if the riparian owner was engaged in the construction of works for the actual application of the water to a beneficial use on March 2, 1955, and if the works were completed and water was applied to use within a reasonable time thereafter;

(4)Rights granted before July 1, 1955, by court decree;

(5)Uses of water under diversions and applicat

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The term, vested rights, used in this title means: (1) The right of a riparian owner to continue to use water actually applied to any beneficial use on March 2, 1955, or within three years immediately before that date to the extent of the existing beneficial use made of the water; (2) Use for domestic purposes as that term is defined in subdivision 46-1-6(7); (3) The right of a riparian owner to take and use water for beneficial purposes if the riparian owner was engaged in the construction of works for the actual application of the water to a beneficial use on March 2, 1955, and if the works were completed and water was applied to use within a reasonable time thereafter; (4) Rights granted before July 1, 1955, by court decree; (5) Uses of water under diversions and applications of water before the passage of the 1907 water law and not subsequently abandoned or forfeited.