South Dakota § 46-2A-16 - Validation of vested water right claim--Notice.
Full text of South Dakota South Dakota Codified Laws § 46-2A-16 — Validation of vested water right claim--Notice., with citation guidance and answers to common questions.
§ 46-2A-16. Validation of vested water right claim--Notice.
Any claim for vested rights as defined in § 46-1-9 or 46-6-1 that has been accepted for filing by the chief engineer or Board of Water Management, prior to July 1, 1986, is eligible for validation. The chief engineer shall prepare a list based on the point of diversion of these vested rights on a county-by-county basis. By July 31, 1988, the chief engineer shall cause to be published once a week for two consecutive weeks in a newspaper of general circulation in each county a notice of these vested rights in the county in which the notice is published. The notice shall include the following:
(1) The name and address of these vested right holders;
(2) The legal description of the diversion points and, if the water is used for irrigation purposes, the legal description of the land on which the water has been used;
(3) The source of water;
(4) A statement that any person who wishes to oppose validation of any such vested right shall, within ninety days of the date of the last publication, file a petition of intent to oppose the validation with the department and with the vested right holder; and
(5) A statement that any interested person may obtain a copy of the chief engineer's vested right list for other counties from the department.
A copy of each notice published in a county shall be mailed by the chief engineer by first class mail to all known water right or water permit holders in that county. No hearing may be scheduled unless a petition of intent to oppose is filed.
Source: SL 1986, ch 363, § 1.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 46-2A-16
What does South Dakota Codified Laws § 46-2A-16 cover?
Section 46-2A-16 ("Validation of vested water right claim--Notice.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 46-2A-16?
A common citation format is "South Dakota Codified Laws § 46-2A-16" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 46-2A-16 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.