South Dakota § 46-5-15 Water diverted for municipal use--Issuance of permit--Contest and appeal.

South Dakota Statutes

§ 46-5-15 — Water diverted for municipal use--Issuance of permit--Contest and appeal.

South Dakota § 46-5-15

Title 46WATER RIGHTS

Ch. 46-5APPROPRIATION OF WATER

This text of South Dakota § 46-5-15 (Water diverted for municipal use--Issuance of permit--Contest and 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 § 46-5-15 (2026).

Text

Natural flow water of any stream appropriated or diverted for municipal use is subject to downstream senior priority water rights. Any contest between water right 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 . No water permit to appropriate natural flow of a stream by a municipality may be issued unless the board determines, based upon the evidence presented at a hearing that questions on impairment of downstream senior priority water rights have been resolved.

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Natural flow water of any stream appropriated or diverted for municipal use is subject to downstream senior priority water rights. Any contest between water right 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 . No water permit to appropriate natural flow of a stream by a municipality may be issued unless the board determines, based upon the evidence presented at a hearing that questions on impairment of downstream senior priority water rights have been resolved.