Section 46-1-9 - Vested rights defined. - South-dakota Statutes

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46-1-9. Vested rights defined. The term "vested rights" used in this title, unless the context otherwise clearly requires, means:
(1) The right of a riparian owner to continue to use water actually applied to any beneficial use on March 2, 1955, or within three years immediately prior to that date to the extent of the existing beneficial use made of the water;
(2) Use for domestic purposes as that term is defined in subdivision 46-1-6(7);
(3) The right of a riparian owner to take and use water for beneficial purposes if the riparian owner was engaged in the construction of works for the actual application of the water to a beneficial use on March 2, 1955, provided the works were completed and water was applied to use within a reasonable time thereafter;
(4) Rights granted before July 1, 1955, by court decree;
(5) Uses of water under diversions and applications of water prior to the passage of the 1907 water law and not subsequently abandoned or forfeited.

Source: SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0102 (7); SL 1983, ch 314, § 9.

State Codes and Statutes

Statutes > South-dakota > Title-46 > Chapter-01 > Statute-46-1-9

46-1-9. Vested rights defined. The term "vested rights" used in this title, unless the context otherwise clearly requires, means:
(1) The right of a riparian owner to continue to use water actually applied to any beneficial use on March 2, 1955, or within three years immediately prior to that date to the extent of the existing beneficial use made of the water;
(2) Use for domestic purposes as that term is defined in subdivision 46-1-6(7);
(3) The right of a riparian owner to take and use water for beneficial purposes if the riparian owner was engaged in the construction of works for the actual application of the water to a beneficial use on March 2, 1955, provided the works were completed and water was applied to use within a reasonable time thereafter;
(4) Rights granted before July 1, 1955, by court decree;
(5) Uses of water under diversions and applications of water prior to the passage of the 1907 water law and not subsequently abandoned or forfeited.

Source: SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0102 (7); SL 1983, ch 314, § 9.

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State Codes and Statutes

Statutes > South-dakota > Title-46 > Chapter-01 > Statute-46-1-9

46-1-9. Vested rights defined. The term "vested rights" used in this title, unless the context otherwise clearly requires, means:
(1) The right of a riparian owner to continue to use water actually applied to any beneficial use on March 2, 1955, or within three years immediately prior to that date to the extent of the existing beneficial use made of the water;
(2) Use for domestic purposes as that term is defined in subdivision 46-1-6(7);
(3) The right of a riparian owner to take and use water for beneficial purposes if the riparian owner was engaged in the construction of works for the actual application of the water to a beneficial use on March 2, 1955, provided the works were completed and water was applied to use within a reasonable time thereafter;
(4) Rights granted before July 1, 1955, by court decree;
(5) Uses of water under diversions and applications of water prior to the passage of the 1907 water law and not subsequently abandoned or forfeited.

Source: SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0102 (7); SL 1983, ch 314, § 9.