Any person owning land through which any nonnavigable stream passes, may construct and maintain a dam across such 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 such dam or upon which an easement for such purpose has been secured.
S.D. Codified Laws § 46-5-2
Nonnavigable stream--Right to construct and maintain dam
Applied in 1 court decision — leading case Romey v. Landers (1986)
Most recently applied in Romey v. Landers (August 1986)
Source: SDC 1939, § 61.0101; SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0137.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.