FOR AN ACT ENTITLED, An Act to  permit the fencing of certain lakes, ponds, and sloughs for the containment of livestock.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  That chapter 43-17 be amended by adding thereto a NEW SECTION to read as follows:

     Any landowner or lessee, who confines or pastures livestock, annually or seasonally, may construct and maintain a fence appropriate to the containment of such livestock across or through any lake, pond, slough, or similar natural body of water if the landowner owns, or the lessee leases, the inundated land in which the fence is set or over which the fence floats or is suspended. The fence may not limit the free navigation of any navigable watercourse or limit the right of the public to the enjoyment of the entire lake. At the request of any person, unit of local government, or political subdivision of the state, any contest pertaining to the restrictions set forth in this section may be brought to the Water Management Board for resolution consistent with the process established in §  46-5-1.1. This section does not apply to meandered lakes, lakes

where an ordinary high water mark has been established pursuant to §  43-17-21, or any lake that has a history of public use and access.
     Section  2.  That chapter 43-17 be amended by adding thereto a NEW SECTION to read as follows:

     The liability provisions related to landowners, tenants, or lessees in § §  20-9-11 and 20-9-16 apply to any landowner, tenant, or lessee that constructs a fence in accordance with section 1 of this Act.