South Dakota § 46-5-38 Future use of water--Entities entitled to reservation.

South Dakota Statutes

§ 46-5-38 — Future use of water--Entities entitled to reservation.

South Dakota § 46-5-38

Title 46WATER RIGHTS

Ch. 46-5APPROPRIATION OF WATER

This text of South Dakota § 46-5-38 (Future use of water--Entities entitled to reservation.) 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 § 46-5-38 (2026).

Text

The following entities may reserve water for contemplated future needs upon a showing of availability of unappropriated water and future need pursuant to procedures set forth in chapter 46-2A :

(1)A state institution, facility, or agency;

(2)A municipality as defined in § 9-1-1 ;

(3)The South Dakota Conservancy District or a water development district as defined in § 46A-2-4 ;

(4)A water user district as defined in § 46A-9-2 ;

(5)A nonprofit rural water supply company as defined in § 10-36A-1 engaged in the treatment, distribution, and sale of water primarily for domestic purposes to a rural area. The term "rural area" may include a municipality;

(6)A sanitary district as defined in chapter 34A-5 ;

(7)An irrigation district as defined in chapter 46A-4 ; and (8)

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The following entities may reserve water for contemplated future needs upon a showing of availability of unappropriated water and future need pursuant to procedures set forth in chapter 46-2A : (1) A state institution, facility, or agency; (2) A municipality as defined in § 9-1-1 ; (3) The South Dakota Conservancy District or a water development district as defined in § 46A-2-4 ; (4) A water user district as defined in § 46A-9-2 ; (5) A nonprofit rural water supply company as defined in § 10-36A-1 engaged in the treatment, distribution, and sale of water primarily for domestic purposes to a rural area. The term "rural area" may include a municipality; (6) A sanitary district as defined in chapter 34A-5 ; (7) An irrigation district as defined in chapter 46A-4 ; and (8) A water project district as defined in chapter 46A-18 .

Legislative History

SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0122; SL 1961, ch 456; SL 1966, ch 259, § 3; SL 1978, ch 322; SL 1983, ch 314, § 70; SL 1984 (SS), ch 1, § 60.