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Water Rights and Appropriation (South Dakota)

Eligibility 
Utility
Fed. Government
Commercial
Agricultural
Investor-Owned Utility
State/Provincial Govt
Industrial
Construction
Municipal/Public Utility
Local Government
Residential
Installer/Contractor
Rural Electric Cooperative
Tribal Government
Low-Income Residential
Schools
Retail Supplier
Institutional
Multi-Family Residential
Systems Integrator
Fuel Distributor
Nonprofit
General Public/Consumer
Transportation
Program Info
State 
South Dakota
Program Type 
Siting and Permitting
Provider 
South Dakota Department of Environment and Natural Resources

All uses of water in South Dakota, with the exception of domestic water uses, require a Water Right Permit. The Board of Water and Natural Resources has the authority to regulate and control the development, conservation, and allocation of the right to use the waters of the state according to the principles of beneficial use and priority of appropriation. Chapters 46-2A and 46-5 of the SD Codified Laws contain administrative procedures and requirements for water appropriation. Restrictions are placed on the obstruction of navigable watercourses, water use projects which may impair downstream water uses, and water diversions. Chapter 46-8 describes the circumstances in which the right of eminent domain may be used for application or conveyance of water for beneficial use.