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. - 43-17-1. Land below ordinary high-water mark of navigable lake or...

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. - 43-17-2. Upland owner taking to edge of navigable lake or...

Section 43-17-3 - Lands forming in bed of navigable stream or meandered lake belong to state--Exception. - 43-17-3. Lands forming in bed of navigable stream or meandered...

Section 43-17-4 - Opposite banks of nonnavigable stream belonging to different persons--Stream and bed common to both. - 43-17-4. Opposite banks of nonnavigable stream belonging to different persons--Stream...

Section 43-17-5 - Accretions to bank of river or stream belong to owner of bank subject to existing right-of-way. - 43-17-5. Accretions to bank of river or stream belong to...

Section 43-17-6 - Surveying and subdividing accretion lands--Permanency of uncontested boundaries. - 43-17-6. Surveying and subdividing accretion lands--Permanency of uncontested boundaries. When...

Section 43-17-7 - Notice of survey of accretion lands--Consent of interested parties necessary. - 43-17-7. Notice of survey of accretion lands--Consent of interested parties...

Section 43-17-8 - Plat of accretion lands by surveyor--Contents--Recording. - 43-17-8. Plat of accretion lands by surveyor--Contents--Recording. The surveyor who...

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. - 43-17-9. Attaching of additional land--Substitution of outer boundary of surveyed...

Section 43-17-10 - Title to land by avulsion--Reclamation by original owner of part of land carried away. - 43-17-10. Title to land by avulsion--Reclamation by original owner of...

Section 43-17-11 - Stream forming new course--Abandonment of ancient stream bed--Owners of newly occupied land take ancient stream bed proportionately. - 43-17-11. Stream forming new course--Abandonment of ancient stream bed--Owners of...

Section 43-17-12 - New arm of stream--Island formed by division belongs to owner of shore. - 43-17-12. New arm of stream--Island formed by division belongs to...

Section 43-17-13 - Ownership of island or accumulation of land in nonnavigable stream. - 43-17-13. Ownership of island or accumulation of land in nonnavigable...

Section 43-17-14 - Land acquired by reliction--Apportionment and division--Preparation, contents and recording of survey. - 43-17-14. Land acquired by reliction--Apportionment and division--Preparation, contents and recording...

Section 43-17-15 - Failure or neglect of owners of land acquired by reliction to plat land--Enforcement action by municipal officials. - 43-17-15. Failure or neglect of owners of land acquired by...

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. - 43-17-16. Action to enforce survey of land acquired by reliction--Determination...

Section 43-17-17 - Plat and survey of relicted lands by commissioners--Report in writing--Filing with clerk of courts. - 43-17-17. Plat and survey of relicted lands by commissioners--Report in...

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. - 43-17-18. Report and survey of relicted lands by commissioners--Adoption or...

Section 43-17-19 - Costs of action to enforce plat and survey of relicted lands. - 43-17-19. Costs of action to enforce plat and survey of...

Section 43-17-20 - Establishment of water marks on lakes--Definition of terms. - 43-17-20. Establishment of water marks on lakes--Definition of terms. 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. - 43-17-21. Water Management Board to establish and mark high and...

Section 43-17-23 - Natural factors given precedence in water marks--When man-made influences considered. - 43-17-23. Natural factors given precedence in water marks--When man-made influences...

Section 43-17-24 - Investigation of site where water mark to be established--Consultation with other agencies--Public hearings. - 43-17-24. Investigation of site where water mark to be established--Consultation...

Section 43-17-24.1 - Notice of public hearings on water marks. - 43-17-24.1. Notice of public hearings on water marks. The Water...

Section 43-17-24.2 - Prior decisions on water marks validated--Rights barred by no action. - 43-17-24.2. Prior decisions on water marks validated--Rights barred by no...

Section 43-17-25 - Reconsideration of water marks established by board--Final unless appealed to courts. - 43-17-25. Reconsideration of water marks established by board--Final unless appealed...

Section 43-17-26 - Ownership and rights of use unaffected. - 43-17-26. Ownership and rights of use unaffected. Nothing in §§43-17-20...

Section 43-17-27 - Marks previously determined not affected--Effect on pending proceedings for determination. - 43-17-27. Marks previously determined not affected--Effect on pending proceedings for...

Section 43-17-28 - Persons who may request board determination--Jurisdiction of courts. - 43-17-28. Persons who may request board determination--Jurisdiction of courts. The...

Section 43-17-29 - Public rights in lake above high water mark. - 43-17-29. Public rights in lake above high water mark. If...

Section 43-17-30 - Powers of Department of Game, Fish and Parks. - 43-17-30. Powers of Department of Game, Fish and Parks. Nothing...

Section 43-17-31 - Landowner's right to deny public access to taxable property--Department to clearly mark certain inundated property--Exception. - 43-17-31. Landowner's right to deny public access to taxable property--Department...

Section 43-17-32 - Landowner's right to deny state agency use of taxable property--Conditions for public access--Exceptions. - 43-17-32. Landowner's right to deny state agency use of taxable...

Section 43-17-33 - Public access to private lands pursuant to § 43-17-32--Identification of affected property by state agency. - 43-17-33. Public access to private lands pursuant to §43-17-32--Identification of...

Section 43-17-34 - Navigable defined--Application of sections. - 43-17-34. Navigable defined--Application of sections. A stream, or portion of...

Section 43-17-35 - Fencing certain land on both sides of navigable stream permitted--Violation as misdemeanor. - 43-17-35. Fencing certain land on both sides of navigable stream...

Section 43-17-36 - Promulgation of rules for safe use of stream. - 43-17-36. Promulgation of rules for safe use of stream. The...

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

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....

Section 43-17-41 - Liability for damage from fencing on both sides of navigable streams. - 43-17-41. Liability for damage from fencing on both sides of...