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Landowner Had Not Revived Water Right
Publication year - 1988
Publication title -
journal ‐ american water works association
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.466
H-Index - 74
eISSN - 1551-8833
pISSN - 0003-150X
DOI - 10.1002/j.1551-8833.1988.tb03048.x
Subject(s) - ditch , water right , law , property rights , land tenure , property (philosophy) , easement , business , political science , water resources , geography , archaeology , ecology , biology , agriculture , philosophy , epistemology
An appellate court decided that the South Dakota Water Management Board could not, without due process, cancel the water rights of a property owner who began using an irrigation ditch on his property which had gone unused by previous owners for 30 years. The court also said that once a water right has been forfeited, it cannot be revived by reinitiating the diversion of water.