South Dakota Code § 46-5-37

Failure to use beneficially appropriated water--Forfeiture for nonuse--Reversion to public
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If any person entitled to the use of appropriated water fails to use beneficially any part of the water for the purpose for which it was appropriated, for a period of three years, the unused water shall revert to the public and shall be regarded as unappropriated public water.

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