Any person appropriating the waters of any dry-draw or watercourse within this state, within sixty days after the filing of the notice provided for in §§ 46-4-3 and 46-4-4, shall begin the construction of the dam mentioned in § 46-4-1 for the storage or diversion of the waters, shall proceed diligently to complete the dam and shall divert the waters for beneficial use as rapidly as possible.
SDCL 46-4-6