Section 46-5-34 - Irrigation rights appurtenant to land--Amendment of permit required for severance and transfer

46-5-34. Irrigation rights appurtenant to land--Amendment of permit required for severance and transfer.All water used in this state for irrigation purposes shall remain appurtenant to the land upon which it is used. However, if for any reason it should become impracticable to use all or any part of the water beneficially or economically for irrigation of any land to which the right of its use is appurtenant, all or any part of the right may be severed from the land and simultaneously transferred and become appurtenant to other land without losing priority of right previously established, subject to existing rights, upon approval of an application for an amended permit. No increase in total acres irrigated may be allowed under this section. Source: SDC 1939, §61.0141; SL 1955, ch 430, §1; SDC Supp 1960, §61.0128; SL 1983, ch 314, §64.