Section 46-4-5 - Vested right to water from dry-draw. - South-dakota Statutes

State Codes and Statutes

Statutes > South-dakota > Title-46 > Chapter-04 > Statute-46-4-5

46-4-5. Vested right to water from dry-draw. The right of any person to continue the use of water from any dry-draw is a vested right, to the extent it is not abandoned or forfeited and:
(1) The water had actually been applied to a beneficial use on March 18, 1957, or within three years immediately prior thereto to the extent of the actual beneficial use thereof; or
(2) The dry-draw owner was engaged in the construction of works for the actual application of water to a beneficial use on March 18, 1957, provided that such works were completed and water actually applied for such use within a reasonable time thereafter, to the extent of actual beneficial use thereof; or
(3) The dry-draw owner filed a location notice and constructed or was in the process of constructing the dry-draw structure on December 31, 1982, provided that the works were completed and water actually applied to beneficial use within a reasonable time to the extent of actual beneficial use.

Source: SL 1957, ch 490, § 3; SDC Supp 1960, § 61.0138 (4); SL 1981, ch 315; SL 1983, ch 318, § 6.

State Codes and Statutes

Statutes > South-dakota > Title-46 > Chapter-04 > Statute-46-4-5

46-4-5. Vested right to water from dry-draw. The right of any person to continue the use of water from any dry-draw is a vested right, to the extent it is not abandoned or forfeited and:
(1) The water had actually been applied to a beneficial use on March 18, 1957, or within three years immediately prior thereto to the extent of the actual beneficial use thereof; or
(2) The dry-draw owner was engaged in the construction of works for the actual application of water to a beneficial use on March 18, 1957, provided that such works were completed and water actually applied for such use within a reasonable time thereafter, to the extent of actual beneficial use thereof; or
(3) The dry-draw owner filed a location notice and constructed or was in the process of constructing the dry-draw structure on December 31, 1982, provided that the works were completed and water actually applied to beneficial use within a reasonable time to the extent of actual beneficial use.

Source: SL 1957, ch 490, § 3; SDC Supp 1960, § 61.0138 (4); SL 1981, ch 315; SL 1983, ch 318, § 6.

State Codes and Statutes

Back To Homepage

State Codes and Statutes

Statutes > South-dakota > Title-46 > Chapter-04 > Statute-46-4-5

46-4-5. Vested right to water from dry-draw. The right of any person to continue the use of water from any dry-draw is a vested right, to the extent it is not abandoned or forfeited and:
(1) The water had actually been applied to a beneficial use on March 18, 1957, or within three years immediately prior thereto to the extent of the actual beneficial use thereof; or
(2) The dry-draw owner was engaged in the construction of works for the actual application of water to a beneficial use on March 18, 1957, provided that such works were completed and water actually applied for such use within a reasonable time thereafter, to the extent of actual beneficial use thereof; or
(3) The dry-draw owner filed a location notice and constructed or was in the process of constructing the dry-draw structure on December 31, 1982, provided that the works were completed and water actually applied to beneficial use within a reasonable time to the extent of actual beneficial use.

Source: SL 1957, ch 490, § 3; SDC Supp 1960, § 61.0138 (4); SL 1981, ch 315; SL 1983, ch 318, § 6.