The water right holder enjoys the right to make personal and beneficial use of the public's resource. Once a water right is obtained, it remains effective indefinitely provided water use is within permit parameters and not forfeited due to nonuse or abandonment. All water uses in South Dakota require water rights permits and are subject to the doctrine of prior appropriation, except certain domestic uses of water.
Domestic use is the highest use of water and takes precedence over appropriative uses.
In 1907, the state legislature affirmed the doctrine by authorizing the state engineer to administer appropriation of surface water. In 1955, the authority to issue water right permits was given to a citizens' board with a chief engineer making recommendations to the board. The board is appointed by the governor and called the Water Management Board. In addition, the 1955 legislation included ground water in the doctrine of prior appropriation and allowed vested water rights to be claimed for uses predating March 2, 1955. An application for a water right must be filed on forms supplied by the chief engineer.