Home/South Dakota/Statutes/Title 46: WATER RIGHTS/Ch. 46-5: APPROPRIATION OF WATER/§ 46-5-37
South Dakota Statutes

§ 46-5-37 — Failure to use beneficially appropriated water--Forfeiture for nonuse--Reversion to public.

South Dakota § 46-5-37
JurisdictionSouth Dakota
Title 46WATER RIGHTS
Ch. 46-5APPROPRIATION OF WATER

This text of South Dakota § 46-5-37 (Failure to use beneficially appropriated water--Forfeiture for nonuse--Reversion to public.) 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 § 46-5-37 (2026).

Text

If any person entitled to the use of appropriated water fails to use beneficially any part of the water for the purpose for which it was appropriated, for a period of three years, the unused water shall revert to the public and shall be regarded as unappropriated public water.

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

Related

In Re Application No. 5189-3 to Extend Time
467 N.W.2d 907 (South Dakota Supreme Court, 1991)
11 case citations
McCook Lake Recreation Area v. Dakota Bay, LLC
2025 S.D. 53 (South Dakota Supreme Court, 2025)

Legislative History

SDC 1939, § 61.0139; SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0125; SL 2011, ch 165, § 269.

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 § 46-5-37, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/46-5-37.