South Dakota Rainwater Harvesting Allowed With Water Rights

South Dakota does not prohibit residential rainwater harvesting from rooftops, and homeowners may collect rain in barrels and cisterns for irrigation and non-potable uses. The state operates under prior appropriation doctrine codified in SDCL Title 46, where surface and groundwater diversions over the de minimis domestic threshold typically require a water right permit from the Water Management Board administered by DANR. Domestic use defined under SDCL 46-1-6 covers household and limited livestock and irrigation needs. Larger commercial or agricultural rain capture systems that materially affect downstream flow could require permitting.

Diverting water beyond the domestic exemption without a permit violates SDCL Title 46 and may result in cease-and-desist orders or civil penalties from the Water Management Board.