South Dakota § 46A-10A-70 Permissible drainage of land.

South Dakota Statutes

§ 46A-10A-70 — Permissible drainage of land.

South Dakota § 46A-10A-70

Title 46AWATER MANAGEMENT

Ch. 46A-10COUNTY DRAINAGE

This text of South Dakota § 46A-10A-70 (Permissible drainage of 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 § 46A-10A-70 (2026).

Text

Subject to any official controls pursuant to this chapter and chapter 46A-11 , owners of land may drain the land in the general course of natural drainage by constructing open or covered drains and discharging the water into any natural watercourse, into any established watercourse, or into any natural depression whereby the water will be carried into a natural watercourse, into an established watercourse, or into a drain on a public highway, conditioned on consent of the board having supervision of the highway. If such drainage is wholly upon an owner's land, the owner is not liable in damages to any person. Nothing in this section affects the rights or liabilities of landowners in respect to running waters or streams.

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Subject to any official controls pursuant to this chapter and chapter 46A-11 , owners of land may drain the land in the general course of natural drainage by constructing open or covered drains and discharging the water into any natural watercourse, into any established watercourse, or into any natural depression whereby the water will be carried into a natural watercourse, into an established watercourse, or into a drain on a public highway, conditioned on consent of the board having supervision of the highway. If such drainage is wholly upon an owner's land, the owner is not liable in damages to any person. Nothing in this section affects the rights or liabilities of landowners in respect to running waters or streams.