43-17-21. Water Management Board to establish and mark high and low water marks on public lakes--Change on change in natural conditions.
The Water Management Board shall establish, pursuant to §43-17-28 and in accordance with the contested case provisions of chapter 1-26, the ordinary high water mark and install benchmarks and may establish the ordinary low water mark on public lakes which are used for public purposes including, but not limited to boating, fishing, swimming, hunting, skating, picnicking, and similar recreational pursuits. The board may rescind and redetermine the ordinary high water mark and ordinary low water mark, in accordance with the contested case provisions of chapter 1-26, should significant natural changes occur in these levels as determined by the board.
Source: SL 1978, ch 305, §2; SL 1981, ch 308, §2; SL 1985, ch 337, §3.
Structure South Dakota Codified Laws
Chapter 17 - Water Boundaries And Riparian Lands
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 43-17-12 - 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 43-17-19 - 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 43-17-24.1 - Notice of public hearings on water marks.
Section 43-17-24.2 - Prior decisions on water marks validated--Rights barred by no action.
Section 43-17-26 - Ownership and rights of use unaffected.
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 43-17-34 - Navigable defined--Application of sections.
Section 43-17-36 - Promulgation of rules for safe use of stream.
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.