South Dakota Statutes
§ 46-5-5 — Waters flowing in definite stream subject to appropriation--Beneficial use--Excessive appropriation not allowed.
South Dakota § 46-5-5
This text of South Dakota § 46-5-5 (Waters flowing in definite stream subject to appropriation--Beneficial use--Excessive appropriation not allowed.) 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 § 46-5-5 (2026).
Text
Subject to vested rights and prior appropriations, all waters flowing in definite streams of the state may be appropriated only as provided in chapters 46-1 to 46-10 , inclusive. A water right does not constitute absolute ownership of the water, but shall remain subject to the principle of beneficial use. No appropriation in excess of the reasonable needs of the appropriators may be allowed.
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Related
Romey v. Landers
392 N.W.2d 415 (South Dakota Supreme Court, 1986)
Legislative History
SDC 1939, § 61.0102; SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0109; SL 1983, ch 314, § 42.
Nearby Sections
15
§ 46-1-6
Definition of terms.Cite This Page — Counsel Stack
Bluebook (online)
South Dakota § 46-5-5, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/46-5-5.