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Show 684 SOUTH DAKOTA and another section81 requires such entities to file applications for water for projected future needs. If the necessary waterworks have not been completed, so that the water is not yet being put to bene- ficial use, interim and temporary appropriations may be granted to others. These temporary permits are cancelled when the construction is completed, although six months' notice must be given to the tempo- rary permittee.82 The water code provides that excessive or wasteful uses of water are not allowed,83 and one section, retained from the 1970 water act, specifies the duty of water for irrigation purposes to be not in excess of the rate of 1 cubic foot per second for each 70 acres and, in volume, not to exceed 3 acre-feet per acre delivered on the land for a specified time each year.84 3.3 Changes, Sales, and Transfers Permits may be sold, assigned, and transferred,85 but irrigation water rights cannot be assigned or transferred except in connection with a transfer of the lands to which they are appurtenant.86 How- ever, the water code authorizes a change in the place of use if at any time it becomes impracticable to use all or any part of the water beneficially or economically for irrigation of the land to which the water rights were originally appurtenant. And, such changes can be made without a loss of priority, but they must be approved by the commission. 3.4 Loss of Rights During the time when riparian rights were recognized, the South Dakota court adopted the usual rule that they could be lost by non- use.87 Appropriation rights, however, are subject to abandonment (which presumably requires subjective intent to abandon as well as nonuse) 88 and to forfeiture after a period of nonuse for 3 years, at which time the water becomes unappropriated public water.89 3.5 Storage Waters, Artificial Lakes, and Ponds A permit to appropriate water must be acquired before any dam or other works for storing water may be constructed, and the failure to secure a permit is a misdemeanor.90 But a person owning land through which a nonnavigable stream passes may construct a dam across the stream if the course of the water is not changed, if vested rights are not interfered with, and if no land other than that be- 81 Sec. 46-5-38. 88 Compare those statutes In some States which give municipalities an absolute prefer- ence without ever being required to estimate in a formal manner what their future needs may be. See, for example, ch. 43, wherein the Texas municipal preference statute Is discussed. 83 Sec. 46-5-5. MSec. 46-5-6. 85 Sec. 46-5-32. 88 Sees. 46-5-33 to 46-5-35. 87 St. Germain Irrigating Ditch Co. v. Hawthorn Ditch Co., 32 S.D. 260, 143 N.W. 124 (1913). 88 Sec. 46-5-36; see Gundy v. Weber, 68 S.D. 214, 300 N.W. 17 (1941). 89 Sec. 46-5-37. 90 Sec. 46-5-9. |