The Bad River news. [volume] (Philip, Stanley County, S.D.) 19??-1912, 1911-10-12
QUESTION OF DAMS DISCUSSED
By Attorney George Philip, of
the County Seat


in Stanley county, at the present
time, and having been asked many
questions in regard thereto recent
ly, | submit the following for the
information of those who may be
interested.
The law of South Dakota is that
all surface waters are appropriated
to the use and benefit of the pub
lie. In order to appropriate this
surface water the law provides
that what | hereafter state as the
law may be adopted in any county
in this state by majority vote at
any election.
A petition to vote upon the
adoption of the law as hereafter
stated, signed by at least thirty of
the legal voters of the county,
must be presented to the board of
county commissioners at least
thirty days before any election in
and for the county. The question
on the ballots for this particular
subject be For the storage of
water' and against the storage
of water" and if a majority of the
votes cast are for the storage of
water the law shall at once take
effect and be put into operation
by the construction of dams, etc. .,
as shown in the following lines.
As this presents great possibili-
ties for Stanley county it should
receive careful study from the
thoughtful men of the county.
Section 2736, Political Code of
this state, reads as follows:
THE supervisors in each town
ship may construct dams across
all draws, sloughs, ravines, and
other natural drains or water
courses except permanent flowing
creeks and rivers. The dams shall,
as far as practicable, be construct
ed on the section lines or public
highways of the township, and
shall be built out Of earth, straw,
or other practicable materials, and
the dams shall be of such height
and dimensions as to safe guard
the surface water and prevent it
from flowing over or around such
dams; PROVIDED, that said su-
pervisors may, if they deem it
necessary, for the protection of
such dams in case of floods, con-
struct sfuice way or other open
ings for the overflow of such sur,
face waters. Such dams shall be
at least twenty feet wide across
the top, smooth and level, SO that
all kinds of vehicles, including
steam threshing machines, car
pass over them in safety"
In Stanley county, many very
excellent dams could be construct
ed by the townships and thereby
serve a double purpose, the roads
would be improved and all the
flood waters be conserved insteac
of being allowed to flow in waste
ful and often destructive torrent
to the Missouri river. Take the
above section of the Code, which
l have quoted, study its provision!
with care. In all instances sucl
dams should be constructed under
the careful supervision of com
petent engineer. Thus a prope
sluice-way can be arranged to in
sure the safety of the dam and i
should be SC planned that in ever.
instance a small bridge spans tn
sluice-way.
Before constructing any dam
on private property, the board o
township supervisors shall Obtain
the consent of the owner of suc|
property to construct the proposes
dam, which consent shall be il
writing, and shall be filed with tn
town clerk of the township, an
preserved as other records are i
his Office.
In cases of refusal oy such own
or to give consent the supervisor