46-8-1. Right of eminent domain for application or conveyance of water for beneficial use.

Any person may exercise the right of eminent domain in the manner provided by law to acquire as a public use any property or other rights necessary for application of water to beneficial uses or to enlarge an existing structure for conveyance of water for use in common with an existing or former owner. Application of water to beneficial use is a public use, in the public interest and of benefit to the public.

Source: SDC 1939, § 61.0103; SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0156; SL 1983, ch 314, § 131.

46-8-1.1. Limit on exercise of right of eminent domain.

Any exercise of the right of eminent domain under the provisions of this chapter shall do the least possible injury to private property, consistent with sound engineering principles and with economic feasibility.

Source: SL 1983, ch 314, § 132.

46-8-1.2. Location of routes restricted.

No routes acquired under the provisions of this chapter may be located within two hundred fifty feet of a dwelling house or other buildings on the premises or across any noncommercial orchard or garden without written consent of the owner. This section does not apply to works located in public rights-of-way or to water distribution systems as defined in § 46-1-6.

Source: SL 1983, ch 314, § 134; SL 2006, ch 225, § 1.