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South Dakota Codified Laws

Chapter 43-17

S.D. Codified Laws ch. 43-17

Water Boundaries and Riparian Lands

43-17-1Land below ordinary high-water mark of navigable lake or stream--Law governing ownership.43-17-2Upland owner taking to edge of navigable lake or stream at low-water mark--Exception--Navigable rivers and lakes as public highways.43-17-3Lands forming in bed of navigable stream or meandered lake belong to state--Exception.43-17-4Opposite banks of nonnavigable stream belonging to different persons--Stream and bed common to both.43-17-5Accretions to bank of river or stream belong to owner of bank subject to existing right-of-way.43-17-6Surveying and subdividing accretion lands--Permanency of uncontested boundaries.43-17-7Notice of survey of accretion lands--Consent of interested parties necessary.43-17-8Plat of accretion lands by surveyor--Contents--Recording.43-17-9Attaching of additional land--Substitution of outer boundary of surveyed accretion land--Apportionment of new accreted land--Determination of boundary line.43-17-10Title to land by avulsion--Reclamation by original owner of part of land carried away.43-17-11Stream forming new course--Abandonment of ancient stream bed--Owners of newly occupied land take ancient stream bed proportionately.43-17-12New arm of stream--Island formed by division belongs to owner of shore.43-17-13Ownership of island or accumulation of land in nonnavigable stream.43-17-14Land acquired by reliction--Apportionment and division--Preparation, contents and recording of survey.43-17-15Failure or neglect of owners of land acquired by reliction to plat land--Enforcement action by municipal officials.43-17-16Action to enforce survey of land acquired by reliction--Determination of ownership--Appointment of commissioners to divide and survey relicted lands.43-17-17Plat and survey of relicted lands by commissioners--Report in writing--Filing with clerk of courts.43-17-18Report and survey of relicted lands by commissioners--Adoption or modification by circuit court--Filing of certified copy of judgment--New trial and appeal.43-17-19Costs of action to enforce plat and survey of relicted lands.43-17-20Establishment of water marks on lakes--Definition of terms.43-17-21Water Management Board to establish and mark high and low water marks on public lakes--Change on change in natural conditions.43-17-22RepealedRepealed 43-17-23Natural factors given precedence in water marks--When man-made influences considered.43-17-24Investigation of site where water mark to be established--Consultation with other agencies--Public hearings.43-17-24.1Notice of public hearings on water marks.43-17-24.2Prior decisions on water marks validated--Rights barred by no action.43-17-25Reconsideration of water marks established by board--Final unless appealed to courts.43-17-26Ownership and rights of use unaffected.43-17-27Marks previously determined not affected--Effect on pending proceedings for determination.43-17-28Persons who may request board determination--Jurisdiction of courts.43-17-29Public rights in lake above high water mark.43-17-30Powers of Department of Game, Fish and Parks.43-17-31Landowner's right to deny public access to taxable property--Department to clearly mark certain inundated property--Exception.43-17-32Landowner's right to deny state agency use of taxable property--Conditions for public access--Exceptions.43-17-33Public access to private lands pursuant to § 43-17-32--Identification of affected property by state agency.43-17-34Navigable defined--Application of sections.43-17-35Fencing certain land on both sides of navigable stream permitted--Violation as misdemeanor.43-17-36Promulgation of rules for safe use of stream.43-17-37RepealedRepealed 43-17-38Gate or opening required in fence constructed across certain streams--Federally-navigable rivers--Public access--Violation as misdemeanor.43-17-39RepealedRepealed 43-17-40Responsibility for construction and maintenance of gate or opening.43-17-41Liability for damage from fencing on both sides of navigable streams.