South Dakota § 46-5-38 - Future use of water--Entities entitled to reservation.
Full text of South Dakota South Dakota Codified Laws § 46-5-38 — Future use of water--Entities entitled to reservation., with citation guidance and answers to common questions.
§ 46-5-38. Future use of water--Entities entitled to reservation.
The following entities may reserve water for contemplated future needs upon a showing of availability of unappropriated water and future need pursuant to procedures set forth in chapter 46-2A:
(1) A state institution, facility, or agency;
(2) A municipality as defined in § 9-1-1;
(3) The South Dakota Conservancy District or a water development district as defined in § 46A-2-4;
(4) A water user district as defined in § 46A-9-2;
(5) A nonprofit rural water supply company as defined in § 10-36A-1 engaged in the treatment, distribution, and sale of water primarily for domestic purposes to a rural area. The term "rural area" may include a municipality;
(6) A sanitary district as defined in chapter 34A-5;
(7) An irrigation district as defined in chapter 46A-4; and
(8) A water project district as defined in chapter 46A-18.
Source: SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0122; SL 1961, ch 456; SL 1966, ch 259, § 3; SL 1978, ch 322; SL 1983, ch 314, § 70; SL 1984 (SS), ch 1, § 60.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 46-5-38
What does South Dakota Codified Laws § 46-5-38 cover?
Section 46-5-38 ("Future use of water--Entities entitled to reservation.") 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 § 46-5-38?
A common citation format is "South Dakota Codified Laws § 46-5-38" (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 § 46-5-38 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.