§ 46-5-8 — Permit not required for domestic use--Permit required for dams on streams or dry

Any person desiring to make reasonable domestic use of water from any source may do so without obtaining a permit from the Water Management Board, except that no person may construct a dam across any dry - draw for any purpose, including domestic use, if the dam will impound more than twenty - five acre - feet of water, without first obtaining a permit from the board. Permits for dams on streams or dry - draws for domestic or other uses are subject to the doctrine of prior appropriation. Domestic users other than water distribution systems may register a domestic well with the board to document the location and output of their water supply and the quality of its water. The registration of a domestic well is not subject to the procedures for appropriation of water under chapters 46-5 , 46-6 , and the procedure contained in chapter 46-2A . The fee for registration is twenty - five dollars.

Legislative History

SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0107; SL 1978, ch 319, § 1; SL 1983, ch 314, § 45.