Home/South Dakota/Statutes/Title 46: WATER RIGHTS/Ch. 46-5: APPROPRIATION OF WATER/§ 46-5-1
South Dakota Statutes

§ 46-5-1 — Natural flow of stream or spring--Restrictions on riparian use.

South Dakota § 46-5-1
JurisdictionSouth Dakota
Title 46WATER RIGHTS
Ch. 46-5APPROPRIATION OF WATER

This text of South Dakota § 46-5-1 (Natural flow of stream or spring--Restrictions on riparian use.) 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 § 46-5-1 (2026).

Text

No landowner may prevent the natural flow of a stream, or of a natural spring from where it starts its definite course, or of a natural spring arising on his or her land which flows into and constitutes a part of the water supply of a natural stream, nor pursue nor pollute any of these, except as provided by § 46-5-2 .

Free access — add to your briefcase to read the full text and ask questions with AI

Legislative History

SDC 1939, § 61.0101; SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0137; SL 1983, ch 314, § 39; SL 2011, ch 165, § 265.

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.
View on official source ↗

Cite This Page — Counsel Stack

Bluebook (online)
South Dakota § 46-5-1, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/46-5-1.