S.D. Codified Laws § 46-1-9
This is the official text of S.D. Codified Laws § 46-1-9, part of South Dakota’s Codified Laws — part of the compiled statutory law of South Dakota, published by the state as "Codified Laws." Browse the sections below, each linked to its official government source.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
Vested rights defined
Official statutory text
The term, vested rights, used in this title means:
(1) The right of a riparian owner to continue to use water actually applied to any beneficial use on March 2, 1955, or within three years immediately before that date to the extent of the existing beneficial use made of the water;
(2) Use for domestic purposes as that term is defined in subdivision 46-1-6(7);
(3) The right of a riparian owner to take and use water for beneficial purposes if the riparian owner was engaged in the construction of works for the actual application of the water to a beneficial use on March 2, 1955, and if the works were completed and water was applied to use within a reasonable time thereafter;
(4) Rights granted before July 1, 1955, by court decree;
(5) Uses of water under diversions and applications of water before the passage of the 1907 water law and not subsequently abandoned or forfeited.
Source: SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0102 (7); SL 1983, ch 314, § 9; SL 2011, ch 165, § 255.
(1) The right of a riparian owner to continue to use water actually applied to any beneficial use on March 2, 1955, or within three years immediately before that date to the extent of the existing beneficial use made of the water;
(2) Use for domestic purposes as that term is defined in subdivision 46-1-6(7);
(3) The right of a riparian owner to take and use water for beneficial purposes if the riparian owner was engaged in the construction of works for the actual application of the water to a beneficial use on March 2, 1955, and if the works were completed and water was applied to use within a reasonable time thereafter;
(4) Rights granted before July 1, 1955, by court decree;
(5) Uses of water under diversions and applications of water before the passage of the 1907 water law and not subsequently abandoned or forfeited.
Source: SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0102 (7); SL 1983, ch 314, § 9; SL 2011, ch 165, § 255.
Status: in_force · Read it on the official government site
Need a lawyer in South Dakota?
Find a South Dakota lawyer
About this page: Statute text is reproduced from official government publishers via the
Open US Law dataset
(Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine
(Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.