South Dakota § 46-4-1 Dry

South Dakota Statutes

§ 46-4-1 — Dry

South Dakota § 46-4-1

Title 46WATER RIGHTS

Ch. 46-4DRY-DRAW AND NONNAVIGABLE STREAM DAMS

This text of South Dakota § 46-4-1 (Dry) 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 § 46-4-1 (2026).

Text

Upon compliance with § 46-4-3 , any person who has or holds any possession, right or title to any agricultural lands may construct a dam across a dry - draw without obtaining a permit to appropriate water unless the dam will impound more than twenty - five acre feet of water. Any water right or permit for a dam on a stream or a dry - draw for domestic or other use is subject to the doctrine of prior appropriation.

Free access — add to your briefcase to read the full text and ask questions with AI

Upon compliance with § 46-4-3 , any person who has or holds any possession, right or title to any agricultural lands may construct a dam across a dry - draw without obtaining a permit to appropriate water unless the dam will impound more than twenty - five acre feet of water. Any water right or permit for a dam on a stream or a dry - draw for domestic or other use is subject to the doctrine of prior appropriation.