South Dakota Code § 46-6-1

Vested rights defined
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The term, vested rights, as used in this chapter, means:
(1) Beneficial uses of groundwater under diversions and applications of water before February 28, 1955;
(2) The right to take and use groundwater for beneficial purposes if an owner or lawful agent was engaged in the construction of works for the actual application of water to a beneficial use on February 28, 1955, if the works are completed and water is actually applied for such use within a reasonable time after that date.

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