Home/South Dakota/Statutes/Title 46: WATER RIGHTS/Ch. 46-4: DRY-DRAW AND NONNAVIGABLE STREAM DAMS/§ 46-4-1.1
South Dakota Statutes

§ 46-4-1.1 — Nonnavigable stream--Right to construct and maintain dam.

South Dakota § 46-4-1.1
JurisdictionSouth Dakota
Title 46WATER RIGHTS
Ch. 46-4DRY-DRAW AND NONNAVIGABLE STREAM DAMS

This text of South Dakota § 46-4-1.1 (Nonnavigable stream--Right to construct and maintain dam.) 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 § 46-4-1.1 (2026).

Text

Any person owning land through which any nonnavigable stream passes may construct and maintain a dam across the nonnavigable stream if the course of the water is not changed, vested rights are not interfered with and no land flooded other than that belonging to the owner of the dam or upon which an easement for that purpose has been secured.

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Legislative History

SL 1983, ch 318, § 2.

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 § 46-4-1.1, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/46-4-1.1.