§ 46-4-5 — Vested right to water from dry-draw.

South Dakota § 46-4-5

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

Text

The right of any person to continue the use of water from any dry-draw is a vested right, to the extent it is not abandoned or forfeited and: (1) The water had actually been applied to a beneficial use on March 18, 1957, or within three years immediately before that date to the extent of the actual beneficial use of the water; or (2) The dry-draw owner was engaged in the construction of works for the actual application of water to a beneficial use on March 18, 1957, if the works were completed and water actually applied for such use within a reasonable time after that date, to the extent of actual beneficial use of the water; or (3) The dry-draw owner filed a location notice and constructed or was in the process of constructing the dry-draw structure on December 31, 1982, if the works were completed and water actually applied to beneficial use within a reasonable time after that date to the extent of actual beneficial use.

Legislative History

SL 1957, ch 490, § 3; SDC Supp 1960, § 61.0138 (4); SL 1981, ch 315; SL 1983, ch 318, § 6; SL 2011, ch 165, § 264.