ARSD 74:02:01:03. Uses 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.