South Dakota § 46-4-1 Dry

South Dakota Statutes

§ 46-4-1 — Dry

South Dakota·Title 46 WATER RIGHTS·Ch. 46-4 DRY-DRAW AND NONNAVIGABLE STREAM DAMS

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.

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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.

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