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Dry-Draw and Nonnavigable Stream Dams (South Dakota Codified Laws: Title 46 Water Rights; Chapter 46-4)

Country/Territory
United States of America
Territorial subdivision
South Dakota
Document type
Legislation
Date
2018
Source
FAO, FAOLEX
Subject
Water
Keyword
Waterworks Surface water Water rights Property rights Inland waters Procedural matters
Geographical area
Americas, Arctic, East Pacific, North America, North Atlantic
Abstract

This chapter of South Dakota Codified Laws concerns dry-draw and nonnavigable stream dams. It provides that, upon compliance of statutory requirements, any person who has or holds any possession, right or title to any agricultural lands may construct a dam across a dry-draw without obtaining a permit to appropriate water unless the dam will impound more than twenty-five acre feet of water. Any water right or permit for a dam on a stream or a dry-draw for domestic or other use is subject to the doctrine of prior appropriation. Any person owning land through which any nonnavigable stream passes may construct and maintain a dam across the nonnavigable stream if the course of the water is not changed, vested rights are not interfered with and no land flooded other than that belonging to the owner of the dam or upon which an easement for that purpose has been secured. Any person desiring to take advantage of any of the rights provided in this chapter shall file a location notice with the register of deeds of the county in which the right is located and shall mail a copy of the notice to the Water Management Board.

Full text
English
Website
sdlegislature.gov