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Show Chapter 41. SOUTH DAKOTA CONTENTS Page 1. Development of South Dakota Water Law______________________ 675 2. State Organizational Structure for Water Administration and Control. _ 675 2.1 Administration of Water Rights_______________________ 675 2.2 Resolution of Water Use Conflicts_____________________ 677 2.3 Other Agencies Having Water Resource Responsibilities___ 678 3. Surface Waters____________________________________________ 680 3.1 Method of Acquiring Rights__________________________ 680 3.2 Nature and Limit of Rights__________________________ 680 3.3 Changes, Sales, and Transfers_________________________ 684 3.4 Loss of Rights____________________________________ 684 3.5 Storage Waters, Artificial Lakes, and Ponds_____________ 684 3.6 Springs__________________________________________ 685 3.7 Diffused Surface Waters_____________________________ 685 4. Ground Water____________________________________________ 686 Publications Available------------------------------------------------------------ 687 DISCUSSION 1. Development of South Dakota Water Law South Dakota has adopted the riparian system of water rights at a rather early day, then recognized that an appropriation system would better serve the needs of the State, and has since struggled to replace riparian doctrines with appropriation procedures and practices. In 1866 the territorial legislature enacted a statute which recog- nized private ownership of diffused surface water and seemed to suggest the "natural flow" theory of riparian rights for surface watercourses. An 1881 act provided for nonriparian acquisition of water rights and the abandonment of such rights if ditches were not used or worked upon for a period of 1 year. Then, in 1907, the State legislature enacted a rather comprehensive statute which de- clared that all waters of the State were public, and subject to ap- propriation for beneficial use. This statute was declared unconsti- tutional by the South Dakota Supreme Court in 1913 on the ground that it unlawfully infringed on vested rights of riparian owners. Comprehensive legislation to implement an appropriation system was again enacted in 1955, taking care to preserve and validate riparian rights in actual use as of the effective date of the act, and the constitutionality of this legislation was sustained by the South Dakota Supreme Court in 1964 and confirmed in 1970. 2. State Organizational Structure for Water Administration and Control 2.1 Administration of Water Bights The 1955 appropriation act creates the State Water Resources Commission which, in addition to passing upon applications for 675 499-242-73------44 |
