South Dakota Statutes

§ 46-8-1 — Right of eminent domain for application or conveyance of water for beneficial use.

South Dakota § 46-8-1
JurisdictionSouth Dakota
Title 46WATER RIGHTS
Ch. 46-8EMINENT DOMAIN

This text of South Dakota § 46-8-1 (Right of eminent domain for application or conveyance of water for beneficial use.) 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 § 46-8-1 (2026).

Text

Any person may exercise the right of eminent domain in the manner provided by law to acquire as a public use any property or other rights necessary for application of water to beneficial uses or to enlarge an existing structure for conveyance of water for use in common with an existing or former owner. Application of water to beneficial use is a public use, in the public interest and of benefit to the public.

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Related

Lewis & Clark Rural Water System, Inc. v. Seeba
2006 SD 7 (South Dakota Supreme Court, 2006)
29 case citations
Matter of SD Water Mgmt. Bd.
351 N.W.2d 119 (South Dakota Supreme Court, 1984)
29 case citations
In re the Decision of the State Water Management Board Approving Water Permit No. 1791-2
351 N.W.2d 119 (South Dakota Supreme Court, 1984)
13 case citations
S.J. Louis Construction, Inc. v. Lewis & Clark Regional Water System
585 F. Supp. 2d 1139 (D. South Dakota, 2008)
1 case citations
LEWIS & CLARK RURAL WATER SYSTEM v. Seeba
2006 SD 7 (South Dakota Supreme Court, 2006)

Legislative History

SDC 1939, § 61.0103; SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0156; SL 1983, ch 314, § 131.

Nearby Sections

15
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Bluebook (online)
South Dakota § 46-8-1, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/46-8-1.