74:02:01:03Uses of water which require a

permit. A water permit or right is required for all beneficial uses of water except for: (1) Validated vested right claims; (2) Water distribution systems diverting 18 gallons per minute or less; (3) Domestic uses not exceeding reasonable domestic use; and (4) Livestock uses within a confinement operation not exceeding reasonable domestic use or stock watering outside of a confinement operation. A privately-owned water system supplying multiple domestic uses as defined by SDCL 46-1-6(7) requires a water permit or right if the combined water usage exceeds reasonable domestic use. A water permit is not required to construct a dam or dugout on either a dry draw as defined by SDCL 46-1-6(8) or a nonnavigable watercourse if the dam or dugout stores 25 acre-feet or less of water. Diversion of water from any dam or dugout requires a water permit or right unless exempted from permitting by this section. A water permit is required to construct a dam across a navigable watercourse for any purpose. A water permit is required to construct a dam or dugout on either a dry draw or nonnavigable watercourse if the dam or dugout stores more than 25 acre-feet of water.

Source: SL 1975, ch 16, § 1; transferred from § 52:01:01:03, effective July 1, 1979; 9 SDR 96, effective January 30, 1983; 10 SDR 27, effective September 26, 1983; 13 SDR 49, effective October 27, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 15 SDR 158, effective April 23, 1989; 17 SDR 103, effective January 22, 1991; 20 SDR 53, effective October 20, 1993; 39 SDR 37, effective September 10, 2012.