CHAPTER 46-5
APPROPRIATION OF WATER
46-5-1
Natural flow of stream or spring--Restrictions on riparian use.
46-5-1.1
Obstruction of navigable watercourse or interference with stage, level, or
flow of public waters prohibited--Contests resolved by Water Management
Board.
46-5-1.2
Removal of obstructions built by beavers if lands flooded or water rights
impaired.
46-5-2
Nonnavigable stream--Right to construct and maintain dam.
46-5-3
Natural spring forming part of stream--Right to appropriate flow from
spring.
46-5-4
Priority of appropriative rights granted since March 7, 1907.
46-5-4.1
Validation of prior licenses.
46-5-5
Waters flowing in definite stream subject to appropriation--Beneficial use--Excessive appropriation not allowed.
46-5-6
Appropriation of water for irrigation--Limitation of amount.
46-5-6.1
Restrictions on appropriation of Missouri River water for irrigation.
46-5-6.2 to 46-5-6.10.
Repealed.
46-5-6.11
Authority of chief engineer to issue appropriation permits.
46-5-7
Priority of appropriation--Date of filing application.
46-5-8
Permit not required for domestic use--Permit required for dams on streams
or dry-draws--Registration of domestic wells.
46-5-8.1
Permit issued by board to effectuate contract between district and energy
industry user--Cancellation of permit or license.
46-5-8.2
Permit required for water distribution system.
46-5-9
Construction of works prior to obtaining permit to appropriate water
prohibited.
46-5-10
Appropriation of water--Application for permit required.
46-5-11
Application--Information required.
46-5-12
Repealed.
46-5-13
Diversion rate and amount allowed by permit.
46-5-13.1
Change of location of diversion point.
46-5-14
Water which may be reclaimed.
46-5-15
Water diverted for municipal use--Issuance of permit--Contest and appeal.
46-5-16
Repealed.
46-5-17 to 46-5-19.
Repealed.
46-5-20
Repealed.
46-5-20.1
Legislative approval required for large-scale appropriation--Eminent domain
powers denied for unauthorized appropriation.
46-5-21
Repealed.
46-5-21.1
Permits for energy industry use--Period for application of water to beneficial
use.
46-5-22
Repealed.
46-5-23
Repealed.
46-5-24
Amendment or change of plans of construction or place of diversion.
46-5-25
Diligent prosecution of construction work--Forfeiture of rights--Extension.
46-5-26
Extension of time for completion of construction or application to beneficial
use.
46-5-27 to 46-5-29.
Repealed.
46-5-30
Inspection of works by chief engineer before use--Authority to require
changes.
46-5-30.1
License issued by chief engineer.
46-5-30.2
Limitations on rights given by permit or license.
46-5-30.3
Sale or transfer of application, permit, or license--Notice to chief engineer.
46-5-30.4
Amendment of permits or rights.
46-5-30.5
Unpermitted acreage developed for irrigation--Requirement.
46-5-31
Change of use or place of diversion.
46-5-31.1
Abandoned permitted irrigation use--Stock watering permitted.
46-5-32
Assignment of application, permit, or license.
46-5-33
Irrigation application, permit, or right not assignable apart from land.
46-5-34
Irrigation rights appurtenant to land--Amendment of permit required for
severance and transfer.
46-5-34.1
Transfer of irrigation rights apart from land--Restricted purposes--Protection
of other users.
46-5-35
Repealed.
46-5-36
Abandonment of use of water appurtenant to land--Public water subject to
general appropriation.
46-5-37
Failure to use beneficially appropriated water--Forfeiture for nonuse--Reversion to public.
46-5-37.1
Abandonment or forfeiture of permits or rights--Recommendation of chief
engineer for cancellation.
46-5-37.2
Exceptions to forfeiture for nonuse.
46-5-38
Future use of water--Entities entitled to reservation.
46-5-38.1
Future use of water--Permit required for actual use--Review of future use
permits.
46-5-39
Temporary use permits--Authorization for.
46-5-40
Temporary use permits--Cancellation.
46-5-40.1
Temporary permits for use of public water for construction, testing, or
drilling purposes--Term of permit--Qualifications and limitations.
46-5-41 to 46-5-43.
Repealed.
46-5-44
United States withdrawal of unappropriated waters--Cancellation.
46-5-45
Repealed.
46-5-46
Unauthorized use or waste of water or violation of permit or license
prohibited.
46-5-47
Flood control--Permit required.
46-5-48
Flood control--Emergency facilities authorized.
46-5-49
Filing of vested right claim--Hearing--Mandatory filing--Waiver of right.
46-5-50
Drip irrigation defined.
46-5-51
Permit not required for drip irrigation.
46-5-52
Noncommercial purposes defined.