Notwithstanding the provisions of this chapter, any nonmeandered lake listed in § 41-23-8 is declared open for recreational use, based on the following conditions occurring before January 1, 2017:

(1) The open, obvious, and continuous recreational use by the public for a significant period; and

Terms Used In South Dakota Codified Laws 41-23-7

  • Recreational use: except as otherwise provided by law, use for outdoor sporting and leisure activities, including, but not limited to, hunting, fishing, swimming, floating, boating, and trapping. See South Dakota Codified Laws 41-23-2

(2) The expenditure of public funds for the construction of one or more boat ramps.

Source: SL 2017 (SS), ch 1, § 7, eff. June 12, 2017.