SDCL § 46A-5-27: Diversion of water from channel unauthorized without payment of just compensation.

Nothing contained in chapters 46A-4 to 46A-7, inclusive, authorizes any person to divert the waters of any river, creek, stream, canal, or ditch from its channel, so that the vested right of any person having any interest in the river, creek, stream, canal, or ditch, or the waters of the river, creek, stream, canal, or ditch, is invaded or interfered with, unless previous compensation has been determined and paid under the laws of this state authorizing the taking of private property for public use.

Source: SDC 1939, § 61.0928; SDCL § 46-13-27; SL 2011, ch 165, § 390.