§ 43-17-1 Land below ordinary high-water mark of navigable lake or stream–Law governingownership
§ 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
§ 43-17-3 Lands forming in bed of navigable stream or meandered lake belong to state–Exception
§ 43-17-4 Opposite banks of nonnavigable stream belonging to different persons–Stream andbed common to both
§ 43-17-5 Accretions to bank of river or stream belong to owner of bank subject to existingright-of-way
§ 43-17-6 Surveying and subdividing accretion lands–Permanency of uncontested boundaries
§ 43-17-7 Notice of survey of accretion lands–Consent of interested parties necessary
§ 43-17-8 Plat of accretion lands by surveyor–Contents–Recording
§ 43-17-9 Attaching of additional land–Substitution of outer boundary of surveyed accretionland–Apportionment of new accreted land–Determination of boundary line
§ 43-17-10 Title to land by avulsion–Reclamation by original owner of part of land carried away
§ 43-17-11 Stream forming new course–Abandonment of ancient stream bed–Owners of newlyoccupied land take ancient stream bed proportionately
§ 43-17-12 New arm of stream–Island formed by division belongs to owner of shore
§ 43-17-13 Ownership of island or accumulation of land in nonnavigable stream
§ 43-17-14 Land acquired by reliction–Apportionment and division–Preparation, contents andrecording of survey
§ 43-17-15 Failure or neglect of owners of land acquired by reliction to plat land–Enforcementaction by municipal officials
§ 43-17-16 Action to enforce survey of land acquired by reliction–Determination of ownership–Appointment of commissioners to divide and survey relicted lands
§ 43-17-17 Plat and survey of relicted lands by commissioners–Report in writing–Filing withclerk of courts
§ 43-17-18 Report and survey of relicted lands by commissioners–Adoption or modification bycircuit court–Filing of certified copy of judgment–New trial and appeal
§ 43-17-19 Costs of action to enforce plat and survey of relicted lands
§ 43-17-20 Establishment of water marks on lakes–Definition of terms
§ 43-17-21 Water Management Board to establish and mark high and low water marks on publiclakes–Change on change in natural conditions
§ 43-17-23 Natural factors given precedence in water marks–When man-made influencesconsidered
§ 43-17-24 Investigation of site where water mark to be established–Consultation with otheragencies–Public hearings
§ 43-17-24.1 Notice of public hearings on water marks
§ 43-17-24.2 Prior decisions on water marks validated–Rights barred by no action
§ 43-17-25 Reconsideration of water marks established by board–Final unless appealed tocourts
§ 43-17-26 Ownership and rights of use unaffected
§ 43-17-27 Marks previously determined not affected–Effect on pending proceedings fordetermination
§ 43-17-28 Persons who may request board determination–Jurisdiction of courts
§ 43-17-29 Public rights in lake above high water mark
§ 43-17-30 Powers of Department of Game, Fish and Parks
§ 43-17-31 Landowner’s right to deny public access to taxable property–Department to clearlymark certain inundated property–Exception
§ 43-17-32 Landowner’s right to deny state agency use of taxable property–Conditions for publicaccess–Exceptions
§ 43-17-33 Public access to private lands pursuant to § 43-17-32–Identification of affectedproperty by state agency
§ 43-17-34 Navigable defined–Application of sections
§ 43-17-35 Fencing certain land on both sides of navigable stream permitted–Violation asmisdemeanor
§ 43-17-36 Promulgation of rules for safe use of stream
§ 43-17-38 Gate or opening required in fence constructed across certain streams–Federally-navigable rivers–Public access–Violation as misdemeanor
§ 43-17-40 Responsibility for construction and maintenance of gate or opening
§ 43-17-41 Liability for damage from fencing on both sides of navigable streams
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Terms Used In South Dakota Codified Laws > Title 43 > Chapter 17 - Water Boundaries and Riparian Lands

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Children: includes children by birth and by adoption. See South Dakota Codified Laws 2-14-2
  • Contract: A legal written agreement that becomes binding when signed.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2