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South Dakota · Through 2026-08-31

SDCL § 46-5-5: Waters flowing in definite stream subject to appropriation--Beneficial use--Excessive appropriation not allowed.

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Where this section sits in the code
  1. TITLE 46. WATER RIGHTS
  2. CHAPTER 46-5. APPROPRIATION OF WATER

Subject to vested rights and prior appropriations, all waters flowing in definite streams of the state may be appropriated only as provided in chapters 46-1 to 46-10, inclusive. A water right does not constitute absolute ownership of the water, but shall remain subject to the principle of beneficial use. No appropriation in excess of the reasonable needs of the appropriators may be allowed.

Collected 2026-09-03T15:18:57Z. Source file · JSON

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