South Dakota § 46A-10A-31 - Recording existing drainage rights--Information required--Disputing rights--Appeals--Recording final decision.

§ 46A-10A-31. Recording existing drainage rights--Information required--Disputing rights--Appeals--Recording final decision.

Any natural drainage right lawfully acquired by the owner or owners of either a dominant or servient estate prior to July 1, 1985, is deemed vested. Any drainage right lawfully acquired prior to July 1, 1985, arising from drainage which is natural with man-made modifications or entirely man-made is also deemed vested, provided the right is recorded with the appropriate county register of deeds within seven years of July 1, 1985. Registration shall include the following information:

(1)    A legal description of any dominant estate or servient estate involved with the drainage right;

(2)    The general course and direction of flow of water by means of the drainage right;

(3)    The amount of time the drainage right has existed, if known, or, if not known, a statement to that effect;

(4)    The general course and direction of natural flow if different from that of the right being registered; and

(5)    The nature of the man-made modifications to the natural drainage.

The county register of deeds shall provide the board with a quarterly listing of such registrations, prior to the quarterly meetings of the board. The board shall include the list in its minutes which are published pursuant to § 7-18-3. A registration may include more than one drainage system.

Any drainage begun prior to July 1, 1988, and challenged by an affected landowner in a court of law or before a board or commission within two years of filing, may not become vested until and unless a final decision has been reached in favor of such drainage. Any commission decision may be appealed to the board within twenty days. Any board decision may be appealed to the circuit court of the county wherein the dispute arose within twenty days. Any circuit court decision may be appealed in the same manner as any other circuit court decision. If such final decision has been reached, including final decision on any appeal, the owner of the drainage right shall record the final decision within thirty days in order for the right to become vested. No county, township, or municipality is required to register its natural drainage rights.

Source: SL 1985, ch 362, § 31; SL 1986, ch 379, § 1; SL 1987, ch 338; SL 1991, ch 374.