Section 46A-4-9 - Ditches or canals constructed prior to July 1, 1917, and lands watered thereby--Exemption from chapter, exception--Rights of ditches already constructed notaffected. - South Dakota Statutes

46A-4-9. Ditches or canals constructed prior to July 1, 1917, and lands watered thereby--Exemption from chapter, exception--Rights of ditches already constructed not affected. Where ditches or canals were constructed prior to July 1, 1917, of sufficient capacity to water the lands for which the water was appropriated, such ditches and franchises and the land subject to be watered thereby shall be exempt from the operation of this chapter, except when an irrigation district shall be formed under the provisions of this chapter for the purpose of purchasing such ditches, canals, and franchises. This chapter and chapters 46A-5 to 46A-7, inclusive, shall not be construed in any way to affect the rights of ditches already constructed.

Source: SDC 1939, § 61.0801; SL 1947, ch 417, § 1; SL 1963, ch 455, § 1; SDCL, § 46-12-9.