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·Title 46 WATER RIGHTS·Ch. 46-5 APPROPRIATION OF WATER

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 .

South Dakota § 46-5-38 (Future use of water--Entities entitled to reservation.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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.