The use of all water required for irrigation of lands of any district formed under the provisions of chapter 46A-4, together with canals and ditches already constructed, the rights-of-ways for canals and ditches, sites for reservoirs and pumping plants, and all other property required in fully carrying out the pertinent provisions of this title, is hereby declared to be a public use, subject to the regulation and control of the state in the manner prescribed by law.
S.D. Codified Laws § 46A-5-1
Use of water and property for irrigation of lands--Public use--Regulation and control by state
Applied in 2 court decisions — leading case 845 F. Supp. 1361 - Nelson v. Belle Fourche Irrigation District (1994)
Most recently applied in 845 F. Supp. 1361 - Nelson v. Belle Fourche Irrigation District (March 1994)
Source: SDC 1939, § 61.0810; SL 1953, ch 482; SDCL, § 46-13-1.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.