{"data":{"id":"us-sd/sdcl-46-4-5","jurisdiction":"us-sd","citation":"SDCL § 46-4-5","heading":"Vested right to water from dry-draw.","body":"The right of any person to continue the use of water from any dry-draw is a vested right, to the extent it is not abandoned or forfeited and:\n(1) The water had actually been applied to a beneficial use on March 18, 1957, or within three years immediately before that date to the extent of the actual beneficial use of the water; or\n(2) The dry-draw owner was engaged in the construction of works for the actual application of water to a beneficial use on March 18, 1957, if the works were completed and water actually applied for such use within a reasonable time after that date, to the extent of actual beneficial use of the water; or\n(3) The dry-draw owner filed a location notice and constructed or was in the process of constructing the dry-draw structure on December 31, 1982, if the works were completed and water actually applied to beneficial use within a reasonable time after that date to the extent of actual beneficial use.","path":["TITLE 46. WATER RIGHTS","CHAPTER 46-4. DRY-DRAW AND NONNAVIGABLE STREAM DAMS"],"source_url":"https://sdlegislature.gov/Statutes/46-4-5","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:57Z","sha256":"74a775785615bd327907f56353ea81e475448360da9d8478142b741eb70a7dbb","source_id":"us-sd","stale":true,"prev":"us-sd/sdcl-46-4-4","next":"us-sd/sdcl-46-4-6"},"notice":"GroundRules: Original legal text. Not legal advice."}