South Dakota § 46-5-2 - Nonnavigable stream--Right to construct and maintain dam.
Full text of South Dakota South Dakota Codified Laws § 46-5-2 — Nonnavigable stream--Right to construct and maintain dam., with citation guidance and answers to common questions.
§ 46-5-2. Nonnavigable stream--Right to construct and maintain dam.
Any person owning land through which any nonnavigable stream passes, may construct and maintain a dam across such nonnavigable stream if the course of the water is not changed, vested rights are not interfered with, and no land flooded other than that belonging to the owner of such dam or upon which an easement for such purpose has been secured.
Source: SDC 1939, § 61.0101; SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0137.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 46-5-2
What does South Dakota Codified Laws § 46-5-2 cover?
Section 46-5-2 ("Nonnavigable stream--Right to construct and maintain dam.") 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 § 46-5-2?
A common citation format is "South Dakota Codified Laws § 46-5-2" (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 § 46-5-2 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.