Dams (South Dakota)
Last modified on February 12, 2015.
Dam construction in South Dakota requires a Location Notice or a Water Right Permit. A Location Notice is a form that must be filed with the County Register of Deeds, and is the only paperwork required if (a) the proposed dam will impound 25 acre feet of water or less at the primary spillway elevation, and (b) is constructed on either a dry draw or non-navigable stream but not on a navigable stream. A dry draw, in South Dakota law, is defined as any ravine or watercourse with less than 0.4 cubic feet of average daily flow from May 1st to September 30th.
A Water Right Permit is required if (a) the proposed dam will impound more than 25 acre feet of water at the primary spillway elevation, (b) diversions will be made from the dam to serve some use other than reasonable domestic use, or (c) the proposed dam is being constructed on a navigable stream. If any of these conditions apply, an application for a Water Right Permit must be filed and approved prior to building the dam.
The Department of Environment and Natural Resources has enacted dam safety rules (SDAR 74:02:08). For the purpose of these regulations, "a structure is a dam if (a) the height to the dam crest is greater than or equal to 25 feet AND the storage at the dam crest (not at the spillway elevation) is greater than 15 acre feet OR (b) if the height to the dam crest is greater than 6 feet AND the storage at the dam crest (not at the spillway elevation) is greater than or equal to 50 acre feet.
The height of the dam is the difference in elevation between the natural bed of the watercourse or the lowest point on the toe of the dam, whichever is lower, and the crest elevation of the dam."
|Department||South Dakota Department of Environment and Natural Resources|
|Address||Joe Foss Building|
|Address 2||523 E Capitol|
|Place||Pierre, South Dakota|
Authorities (Please contact the if there are any file problems.)
|Authority 1:||SDCL 46-4 (Dry-Draw and Nonnavigable Stream Dams)|
|Authority 2:||SDCL 46-7 (Storage, Diversion, and Irrigation Works)|
|Authority 3:||SDAR 74:02:08 (Safety of Dams)|