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CHAPTER 43-17

WATER BOUNDARIES AND RIPARIAN LANDS

43-17-1      Land below ordinary high-water mark of navigable lake or stream--Law governing ownership.
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 and bed common to both.
43-17-5      Accretions to bank of river or stream belong to owner of bank subject to existing right-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 accretion land--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 newly occupied 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 and recording of survey.
43-17-15      Failure or neglect of owners of land acquired by reliction to plat land--Enforcement action 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 with clerk of courts.
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.
43-17-19      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 public lakes--Change on change in natural conditions.
43-17-22      Repealed.
43-17-23      Natural factors given precedence in water marks--When man-made influences considered.
43-17-24      Investigation of site where water mark to be established--Consultation with other agencies--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 to courts.
43-17-26      Ownership and rights of use unaffected.
43-17-27      Marks previously determined not affected--Effect on pending proceedings for determination.
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 clearly mark certain inundated property--Exception.
43-17-32      Landowner's right to deny state agency use of taxable property--Conditions for public access--Exceptions.
43-17-33      Public access to private lands pursuant to ยง 43-17-32--Identification of affected property 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 as misdemeanor.
43-17-36      Promulgation of rules for safe use of stream.
43-17-37      Repealed.
43-17-38      Gate or opening required in fence constructed across certain streams--Federally-navigable rivers--Public access--Violation as misdemeanor.
43-17-39      Repealed.
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.


Back to Title 43