South Dakota Code § 46-5-3

Natural spring forming part of stream--Right to appropriate flow from spring
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Nothing in §
46-5-1
or
46-5-2
may be construed to prevent the owner of land on which a natural spring arises and which constitutes the source or part of the water supply of a definite stream from acquiring a right to appropriate the flow from the spring as provided by law for appropriation of waters.

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