A permit to appropriate water may only be issued if there is reasonable probability that unappropriated water is available for the applicant's proposed use, the proposed diversion can be developed without unlawful impairment of existing domestic water uses and water rights, the proposed use is a beneficial use, and the permit is in the public interest as it pertains to matters of public interest within the regulatory authority of the Water Management Board as defined by §§ 46-2-9 and 46-2-11.
S.D. Codified Laws § 46-2A-9
Appropriation of water--When permit may be issued
Applied in 2 court decisions — leading case DeKay v. United States Fish & Wildlife Service (1994)
Most recently applied in McCook Lake Recreation Area v. Dakota Bay, LLC (September 2025)
Source: SL 1983, ch 316, § 18; SL 2021, ch 192, § 4.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.