South Dakota § 46-4-5 - Vested right to water from dry-draw.
Full text of South Dakota South Dakota Codified Laws § 46-4-5 — Vested right to water from dry-draw., with citation guidance and answers to common questions.
§ 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 before that date to the extent of the actual beneficial use of the water; 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, if the works were completed and water actually applied for such use within a reasonable time after that date, to the extent of actual beneficial use of the water; 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, if the works were completed and water actually applied to beneficial use within a reasonable time after that date 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; SL 2011, ch 165, § 264.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 46-4-5
What does South Dakota Codified Laws § 46-4-5 cover?
Section 46-4-5 ("Vested right to water from dry-draw.") 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 § 46-4-5?
A common citation format is "South Dakota Codified Laws § 46-4-5" (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 § 46-4-5 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.