The right of eminent domain may not be exercised to allow two or more pipelines, canals, ditches, or other water conduits to be constructed on lands owned by any person when a single pipeline, canal, ditch, or other water conduit can feasibly convey the water.
S.D. Codified Laws § 46-8-6
Multiple water conduits prohibited where single conduit sufficient
Applied in 2 court decisions — leading case Lewis & Clark Rural Water System, Inc. v. Seeba (2006)
Most recently applied in LEWIS & CLARK RURAL WATER SYSTEM v. Seeba (January 2006)
Source: SDC 1939, § 61.0417; SL 1955, ch 431, § 1; SL 1983, ch 314, § 138.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.