Water is the key to growth of the population and economy in South Dakota. Understanding the State’s water sources, their availability, and condition are vital to further develop the State. SCOPE Information in this section includes a review of source water in the State. South Dakota sources water from groundwater, including aquifers and surface water such as lakes and rivers. All water is owned by people of the State. The State of South Dakota issues rights to use water through the Department of Agriculture and Natural Resources (SD DANR). A water right is required for any use of water except for domestic use and then only if the usage is <25,000 gallons per day or 25 gallons per minute. The water rights process is as follows: » Applications are submitted to SD DANR and with the intended use of water stated. 1 3
» Upon approval of the Water Rights Program Chief Engineer, and publication of the intended use and request for water in a local newspaper, a water permit is issued to construct the water diversion system within a set timeframe. » Once the water diversion system has been constructed, it is then inspected by SD DANR staff. After it passes inspection, a water license is issued, which completes the process of obtaining a water right.
+ The State determined that domestic uses are the highest use of water and take precedence over all appropriative rights. » SD DANR reviews the water source to determine the allocation. + Available water allocation is the balance of annual recharge volume of aquifer minus the current allocations. + Pursuant to SDCL 46-2A-9, a water appropriation can only be issued if there is a reasonable probability that there is unallocated water available.
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92 | Water Rights
South Dakota Governor’s Office of Economic Development
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