Water Rights and Appropriation (South Dakota)

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Last modified on February 12, 2015.

EZFeed Policy

Place South Dakota


Name Water Rights and Appropriation (South Dakota)
Policy Category Other Policy
Policy Type Siting and Permitting
Affected Technologies Biomass/Biogas, Coal with CCS, Hydroelectric, Hydroelectric (Small), Natural Gas, Nuclear
Active Policy Yes

Implementing Sector State/Province

Primary Website http://denr.sd.gov/des/wr/wateruse.aspx

Last Review 2014-08-01
Last Substantive Modification
to Summary


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.

Policy Contact

Department South Dakota Department of Environment and Natural Resources

Address Joe Foss Building
Address 2 523 E Capitol
Place Pierre, South Dakota
Zip/Postal Code 57501
Phone (605) 773-3151

Fax (605) 773-6035
Email DENRINTERNET@state.sd.us
Website http://denr.sd.gov/default.aspx
Department South Dakota Department of Environment and Natural Resources
Division Board of Water and Natural Resources

Website http://denr.sd.gov/dfta/wwf/bwnr.aspx

Authorities (Please contact the if there are any file problems.)

Authority 1: SDCL 46-1 (Water Rights - Definitions and General Provisions)

Authority 2: SDCL 46-2 (Water Management Board and Chief Engineer)

Authority 3: SDCL 46-2A (Administrative Procedure for Appropriation of Water)

Authority 4: SDCL 46-5 (Appropriation of Water)

Authority 5: SDCL 46-8 (Eminent Domain)

Authority 6: SDCL 46-10 (Adjudication of Water Rights)

Authority 7: SDAR 74:02 (Water Rights)

Authority 8: SDAR 74:05 (Water Development)