South Dakota Code § 46-4-1

Dry
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draw on agricultural lands--Right to construct dam--Right or permit for dam on stream or dry
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draw subject to prior appropriation.
Upon compliance with §
46-4-3
, any person who has or holds any possession, right or title to any agricultural lands may construct a dam across a dry
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draw without obtaining a permit to appropriate water unless the dam will impound more than twenty
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five acre feet of water. Any water right or permit for a dam on a stream or a dry
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draw for domestic or other use is subject to the doctrine of prior appropriation.

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