The Kadoka press and Kadoka reporter. [volume] (Kadoka, S.D.) 1910-1923, 1911-10-20
LEGAL LIGHT ON
THE DAM QUESTION
CBy Attorney Gee. Philips, of Fo.t Pierre. }

(By Attorney Gee. Philips, of FOEt Pierre.
Knowing that the storage of sur
face water is pressing question in
Stanley County, at the present time,
and having been asked many ques-
tions in regard thereto recently, l
submit the following for the'informa-
tion 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 public. In or
der 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 a majority
vote at any election.
A petition to vote upon the adop-
tion of the law as hereafter stated,
signed by at least thirty of the legal
voters of the county, must be present
ed to the board of county commits
sioners OF least thirty days before any
election in and for said county. The
question on the ballots for this partic-
uar subject shall 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 follow
ing lines.
AS this presents great possibilities
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 township
may construct dams across all draws,
sloughs, ravines, and other natural
drains or water courses except per-
manent flowing creeks and rivers.
The dams shall, as far as practicable,
be constructed 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 d.
mensions as TO safeguard the surface
water and prevent it from flowing
over or around such dams; PROVID-
ED, that said supervisors may, il they
deem it necessary, for the protection
of such dams in cases of floods con-
struct sluice ways or other openings
for the overflow of such surface wa
ters. 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, can pass oyer them in
safety"
In Stanley county, many very ex-
cellent dams could he constructed by
the townships and thereby serve a
double purpose, the roads would be
improved and all the flood waters be
conserved instead of being allowed to
flow in q wasteful and often destruc-
tive torrent to the Missouri river.
Take the above section of the Code,
which have quoted, study its pro-
visions with care. In all instances
such dams should be constructed un-
der the careful supervision of coIi1-
petent engineer. Thus proper sluice-
way can be arranged to insure the
safety of the dam and it should be SO
planned that in every instance small
bridge span the sluice-way.
Before constructing any dams on
private property, the board of town
ship supervisors shall obtain the con-
sent of the owner OF such property to
construct the proposed dams, which
consent shall be in writing, and shall
be filed with the town clerk of the
township. and preserved as other re-
cords are in his office.
In cases of refusal by such owner to
give consent the supervisors shall ap-
point person, the owner of such
property another person, but if he
neglects to do so for three days after
written notice has been given him or
his agent, then the supervisors shall
appoint another person, and the two
so appointed shall appoint a third
These three men then act as ali ap-
praising jury of th damages.to the
land in a method provided by law,
but such method would be little used
in Stanley county where we are not
inclined to believe that little water
damages our real property holdings.
The law provides that in counties
where the townships are unor ganized
IT SHALL BE THE DUTY OF the
board OF county commissioners to
construct and maintain such dams and
their duties shall be the same as the
duties of boards of supervisors IN
organized townships.
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