South Dakota Code § 46A-10A-91

Drain or watercourse constructed to prevent entry of water as nuisance--Exception
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Any ditch, drain, or watercourse constructed to prevent surface and overflow water from adjacent land from entering it is hereby declared a nuisance and may be abated as such unless such action was taken in accordance with the provisions of this chapter and chapter
46A-11
and the principles outlined in §
46A-10A-20
.

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