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S.D. Codified Laws § 46-5-9

Construction of works prior to obtaining permit to appropriate water prohibited

Applied in 1 court decision — leading case McCook Lake Recreation Area v. Dakota Bay, LLC (2025)

Most recently applied in McCook Lake Recreation Area v. Dakota Bay, LLC (September 2025)

Source: SDC 1939, §§ 61.9907, 61.9910; SL 1965, ch 304, § 2; SL 1981, ch 316, § 1; SL 1983, ch 314, § 46.

No person may begin or carry on any construction of works for storing or carrying water until a permit to appropriate the water has been issued.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.