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.
S.D. Codified Laws § 46-5-5
Waters flowing in definite stream subject to appropriation--Beneficial use--Excessive appropriation not allowed
Applied in 1 court decision — leading case Romey v. Landers (1986)
Most recently applied in Romey v. Landers (August 1986)
Source: SDC 1939, § 61.0102; SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0109; SL 1983, ch 314, § 42.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.