Home/South Dakota/Statutes/Title 46: WATER RIGHTS/Ch. 46-8: EMINENT DOMAIN/§ 46-8-2.1
South Dakota Statutes

§ 46-8-2.1 — Order of circuit court for entry on land.

South Dakota § 46-8-2.1
JurisdictionSouth Dakota
Title 46WATER RIGHTS
Ch. 46-8EMINENT DOMAIN

This text of South Dakota § 46-8-2.1 (Order of circuit court for entry on land.) 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 § 46-8-2.1 (2026).

Text

The circuit court for the county in which a proposed water project is located has jurisdiction to issue an order permitting entry upon land for the purpose of surveying or locating the most advantageous route for works necessary to put water to beneficial use. No order may be issued unless the petitioner can show a present intent to construct a project to put water to beneficial use.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

STROM TRUST v. SCS CARBON TRANSPORT, LLC
2024 S.D. 48 (South Dakota Supreme Court, 2024)
4 case citations

Legislative History

SL 1983, ch 314, § 133A.

Nearby Sections

15
§ 46-1-1
Use of water of state--Paramount interest of people--Conversion to public use.
§ 46-1-10
Vested rights acquired before July 1, 1955, validated.
§ 46-1-11
Violations of water use laws as misdemeanors--Civil fine in addition--Each day as separate violation--Exemption of board and commission actions.
§ 46-1-12
Suspension or cancellation of permit or license.
§ 46-1-13
Grant of water right for use outside state.
§ 46-1-14
Terms and conditions of permits and licenses--Amendment.
§ 46-1-15
Permit required for appropriation of waters.
§ 46-1-16
Authority of chief engineer to issue permits--Scheduling application.
§ 46-1-2
Development of water resources for public benefit.
§ 46-1-3
Water as property of people--Appropriation of right to use.
§ 46-1-4
Beneficial use of water resources--Prevention of waste--Right to water from natural stream or watercourse.
§ 46-1-5
Domestic use of water takes precedence over appropriative rights--Governmental use.
§ 46-1-6
Definition of terms.
§ 46-1-7
Standards of measurement--Flow of water--Volume of water--Miner's inch.
§ 46-1-8
Beneficial use--Measure and limit of right to use of waters.
View on official source ↗

Cite This Page — Counsel Stack

Bluebook (online)
South Dakota § 46-8-2.1, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/46-8-2.1.