If any water level rises above the ordinary high water mark of a navigable lake, the right of the public to enjoyment of the entire lake may not be limited, except that access to the lake shall be by public right–of–way or by permission of the riparian landowner and is subject to §§ 43-17-2, 43-17-31, 43-17-32, and 43-17-33.

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Source: SL 1985, ch 337, § 7; SL 1989, ch 379, § 2.