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

South Dakota Statutes

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

South Dakota § 46-4-2

Title 46WATER RIGHTS

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

This text of South Dakota § 46-4-2 (Upper users priority for domestic use--Exception--Contest resolution--Appeal.) 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 § 46-4-2 (2026).

Text

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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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 .