South Dakota § 46-2A-9 Appropriation of water--When permit may be issued.

South Dakota Statutes

§ 46-2A-9 — Appropriation of water--When permit may be issued.

South Dakota § 46-2A-9

Title 46WATER RIGHTS

Ch. 46-1ADMINISTRATIVE PROCEDURE FOR APPROPRIATION OF WATER

This text of South Dakota § 46-2A-9 (Appropriation of water--When permit may be issued.) 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 § 46-2A-9 (2026).

Text

A permit to appropriate water may only be issued if there is reasonable probability that unappropriated water is available for the applicant's proposed use, the proposed diversion can be developed without unlawful impairment of existing domestic water uses and water rights, the proposed use is a beneficial use, and the permit is in the public interest as it pertains to matters of public interest within the regulatory authority of the Water Management Board as defined by §§ 46-2-9 and 46-2-11 .

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A permit to appropriate water may only be issued if there is reasonable probability that unappropriated water is available for the applicant's proposed use, the proposed diversion can be developed without unlawful impairment of existing domestic water uses and water rights, the proposed use is a beneficial use, and the permit is in the public interest as it pertains to matters of public interest within the regulatory authority of the Water Management Board as defined by §§ 46-2-9 and 46-2-11 .