Home/South Dakota/Statutes/Title 46: WATER RIGHTS/Ch. 46-5: APPROPRIATION OF WATER/§ 46-5-36
South Dakota Statutes

§ 46-5-36 — Abandonment of use of water appurtenant to land--Public water subject to general appropriation.

South Dakota § 46-5-36
JurisdictionSouth Dakota
Title 46WATER RIGHTS
Ch. 46-5APPROPRIATION OF WATER

This text of South Dakota § 46-5-36 (Abandonment of use of water appurtenant to land--Public water subject to general appropriation.) 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 § 46-5-36 (2026).

Text

If the owner of the land to which water has become appurtenant abandons the use of such water upon such land, such water shall become public water, subject to general appropriation.

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Legislative History

SDC 1939, § 61.0141; SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0128.

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.
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Bluebook (online)
South Dakota § 46-5-36, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/46-5-36.