Water Boundaries And Riparian Lands

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  2. South Dakota Codified Laws
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  4. Water Boundaries And Riparian Lands

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Section
43-17-1

Land below ordinary high-water mark of navigable lake or stream--Law governing ownership.

Section
43-17-2

Upland owner taking to edge of navigable lake or stream at low-water mark--Exception--Navigable rivers and lakes as public highways.

Section
43-17-3

Lands forming in bed of navigable stream or meandered lake belong to state--Exception.

Section
43-17-4

Opposite banks of nonnavigable stream belonging to different persons--Stream and bed common to both.

Section
43-17-5

Accretions to bank of river or stream belong to owner of bank subject to existing right-of-way.

Section
43-17-6

Surveying and subdividing accretion lands--Permanency of uncontested boundaries.

Section
43-17-7

Notice of survey of accretion lands--Consent of interested parties necessary.

Section
43-17-8

Plat of accretion lands by surveyor--Contents--Recording.

Section
43-17-9

Attaching of additional land--Substitution of outer boundary of surveyed accretion land--Apportionment of new accreted land--Determination of boundary line.

Section
43-17-10

Title to land by avulsion--Reclamation by original owner of part of land carried away.

Section
43-17-11

Stream forming new course--Abandonment of ancient stream bed--Owners of newly occupied land take ancient stream bed proportionately.

Section
43-17-12

New arm of stream--Island formed by division belongs to owner of shore.

Section
43-17-13

Ownership of island or accumulation of land in nonnavigable stream.

Section
43-17-14

Land acquired by reliction--Apportionment and division--Preparation, contents and recording of survey.

Section
43-17-15

Failure or neglect of owners of land acquired by reliction to plat land--Enforcement action by municipal officials.

Section
43-17-16

Action to enforce survey of land acquired by reliction--Determination of ownership--Appointment of commissioners to divide and survey relicted lands.

Section
43-17-17

Plat and survey of relicted lands by commissioners--Report in writing--Filing with clerk of courts.

Section
43-17-18

Report and survey of relicted lands by commissioners--Adoption or modification by circuit court--Filing of certified copy of judgment--New trial and appeal.

Section
43-17-19

Costs of action to enforce plat and survey of relicted lands.

Section
43-17-20

Establishment of water marks on lakes--Definition of terms.

Section
43-17-21

Water Management Board to establish and mark high and low water marks on public lakes--Change on change in natural conditions.

Section
43-17-22

Repealed.

Section
43-17-23

Natural factors given precedence in water marks--When man-made influences considered.

Section
43-17-24

Investigation of site where water mark to be established--Consultation with other agencies--Public hearings.

Section
43-17-24.1

Notice of public hearings on water marks.

Section
43-17-24.2

Prior decisions on water marks validated--Rights barred by no action.

Section
43-17-25

Reconsideration of water marks established by board--Final unless appealed to courts.

Section
43-17-26

Ownership and rights of use unaffected.

Section
43-17-27

Marks previously determined not affected--Effect on pending proceedings for determination.

Section
43-17-28

Persons who may request board determination--Jurisdiction of courts.

Section
43-17-29

Public rights in lake above high water mark.

Section
43-17-30

Powers of Department of Game, Fish and Parks.

Section
43-17-31

Landowner's right to deny public access to taxable property--Department to clearly mark certain inundated property--Exception.

Section
43-17-32

Landowner's right to deny state agency use of taxable property--Conditions for public access--Exceptions.

Section
43-17-33

Public access to private lands pursuant to § 43-17-32--Identification of affected property by state agency.

Section
43-17-34

Navigable defined--Application of sections.

Section
43-17-35

Fencing certain land on both sides of navigable stream permitted--Violation as misdemeanor.

Section
43-17-36

Promulgation of rules for safe use of stream.

Section
43-17-37

Repealed.

Section
43-17-38

Gate or opening required in fence constructed across certain streams--Federally-navigable rivers--Public access--Violation as misdemeanor.

Section
43-17-39

Repealed.

Section
43-17-40

Responsibility for construction and maintenance of gate or opening.

Section
43-17-41

Liability for damage from fencing on both sides of navigable streams.