South Dakota Codified Laws
Chapter 17 - Water Boundaries And Riparian Lands
Section 43-17-40 - Responsibility for construction and maintenance of gate or opening.

43-17-40. Responsibility for construction and maintenance of gate or opening.
The responsibility for construction and maintenance of any gate or opening required pursuant to §§43-17-35 and 43-17-36 in a fence across a stream that is navigable pursuant to §43-17-34 shall be shared equally among those persons who caused the fence to be constructed. Any liability arising from the construction of a fence across a stream that is navigable pursuant to §43-17-34 shall be borne by those persons who caused the fence to be constructed.

Source: SL 1992, ch 311, §3.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 43 - Property

Chapter 17 - Water Boundaries And Riparian Lands

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 43-17-23 - 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 43-17-38 - Gate or opening required in fence constructed across certain streams--Federally-navigable rivers--Public access--Violation as misdemeanor.

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.