South Dakota Statutes

§ 46-4-2 — Upper users priority for domestic use--Exception--Contest resolution--Appeal.

South Dakota·Title 46 WATER RIGHTS·Ch. 46-4 DRY-DRAW AND NONNAVIGABLE STREAM DAMS
For the uses stated in this chapter, upper users have first priority for domestic use except that it is unlawful for an upper owner to build new works that would deprive a lower owner of water which has been regularly approved under this chapter. Any contest between upper and lower dry - draw owners shall be brought to the Water Management Board first for resolution. The board's ruling may be appealed to circuit court under the provisions of chapter 1-26 .

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South Dakota § 46-4-2 (Upper users priority for domestic use--Exception--Contest resolution--Appeal.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

SL 1957, ch 490, § 3; SDC Supp 1960, § 61.0138 (5); SL 1983, ch 318, § 3.

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