South Dakota § 46-5-34 Irrigation rights appurtenant to land--Amendment of permit required for severance and transfer.

South Dakota Statutes

§ 46-5-34 — Irrigation rights appurtenant to land--Amendment of permit required for severance and transfer.

South Dakota § 46-5-34

Title 46WATER RIGHTS

Ch. 46-5APPROPRIATION OF WATER

This text of South Dakota § 46-5-34 (Irrigation rights appurtenant to land--Amendment of permit required for severance and transfer.) 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 § 46-5-34 (2026).

Text

All water used in this state for irrigation purposes shall remain appurtenant to the land upon which it is used. However, if for any reason it should become impracticable to use all or any part of the water beneficially or economically for irrigation of any land to which the right of its use is appurtenant, all or any part of the right may be severed from the land and simultaneously transferred and become appurtenant to other land without losing priority of right previously established, subject to existing rights, upon approval of an application for an amended permit. No increase in total acres irrigated may be allowed under this section.

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All water used in this state for irrigation purposes shall remain appurtenant to the land upon which it is used. However, if for any reason it should become impracticable to use all or any part of the water beneficially or economically for irrigation of any land to which the right of its use is appurtenant, all or any part of the right may be severed from the land and simultaneously transferred and become appurtenant to other land without losing priority of right previously established, subject to existing rights, upon approval of an application for an amended permit. No increase in total acres irrigated may be allowed under this section.