AN ACT
ENTITLED, An Act to codify the list of navigable streams requiring gates.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 43-17-34 be amended to read:
43-17-34. A stream, or portion of a stream, is navigable if it can support a vessel capable of carrying one or more persons throughout the period between the first of May to the thirtieth of September, inclusive, in two out of every ten years. A dry draw, as defined in § 46-1-6, is not navigable. This section does not apply to any stream or portion of a stream which is navigable pursuant to federal law. The provisions of §§ 43-17-34 to 43-17-36, inclusive, and § 43-17-38 do not grant, create, recognize, convey, remove, or diminish any right or title to property. The provisions of this section apply only to the implementation of §§ 43-17-35 and 43-17-38, inclusive.
Section 2. That § 43-17-37 be repealed.
Section 3. That § 43-17-38 be amended to read:
43-17-38. A gate or opening constructed pursuant to § 43-17-36 is required in any fence that may be constructed across any of the following streams or portions of such streams:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 43-17-34 be amended to read:
43-17-34. A stream, or portion of a stream, is navigable if it can support a vessel capable of carrying one or more persons throughout the period between the first of May to the thirtieth of September, inclusive, in two out of every ten years. A dry draw, as defined in § 46-1-6, is not navigable. This section does not apply to any stream or portion of a stream which is navigable pursuant to federal law. The provisions of §§ 43-17-34 to 43-17-36, inclusive, and § 43-17-38 do not grant, create, recognize, convey, remove, or diminish any right or title to property. The provisions of this section apply only to the implementation of §§ 43-17-35 and 43-17-38, inclusive.
Section 2. That § 43-17-37 be repealed.
Section 3. That § 43-17-38 be amended to read:
43-17-38. A gate or opening constructed pursuant to § 43-17-36 is required in any fence that may be constructed across any of the following streams or portions of such streams:
(1) Big Sioux River from the Grant-Codington County boundary to a point five miles north
of the Missouri River in Union County;
(2) Turtle creek, from Highway 26 to the James River, located in Spink County;
(3) Elm River, from Elm Lake to the James River, located in Brown County;
(4) Moccasin Creek, from 18th Avenue southwest to 8th Avenue northwest in the City of
Aberdeen, located in Brown County;
(5) Flandreau Creek, from the Minnesota state boundary to the Big Sioux River, located in
Moody County;
(6) Vermillion River, from Lake Vermillion to the Missouri River;
(7) East fork of the Vermillion River, from Interstate 90 to Lake Vermillion, located in
McCook County;
(8) Splitrock Creek, from the Minnesota state boundary to the Big Sioux River, located in
Minnehaha County;
(9) Firesteel Creek, that portion located in Davison County;
(10) Little White River, from the Bennett-Todd County boundary to the White River, located
in Todd and Mellette Counties;
(11) White River, from the Nebraska state boundary to the Missouri River;
(12) Bad River, from the Stanley-Jones County boundary to the Missouri River, located in
Stanley County;
(13) Cheyenne River, from Hat Creek to the Angostura Dam in Fall River County, and from
Custer-Fall River County boundary to Highway 44 in Pennington County, and from the
confluence of the Belle Fourche-Cheyenne Rivers to the Missouri River;
(14) Moreau River, from Highway 63 to the Missouri River;
(15) Grand River, from Shadehill Reservoir to the Missouri River; and
(16) Redwater River, from Highway 85 to the Belle Fourche River, located in Butte County.
Because the Missouri River, James River, Boise des Sioux River, and the lower five miles of the
Big Sioux River have been designated as navigable pursuant to federal law, this chapter does not
permit fencing, with or without gates, across the federally-navigable portions of these rivers.
The public's right to the use of such designated streams as public highways pursuant to § 43-17-2
may be impaired if a gate or opening is not provided in each fence across the streams. Construction
of a fence in violation of this section is a Class 2 misdemeanor.
The public's interest in or right to use other streams navigable pursuant to § 43-17-34 but not
designated pursuant to this section is not impaired or unduly restricted if fences crossing such other
An Act to codify the list of navigable streams requiring gates.
navigable streams are not provided with a gate or opening. This does not diminish the public's
interest in or right to use streams that are navigable pursuant to § 43-17-34 but that are not
designated pursuant to this section.
Section 4. That § 43-17-39 be repealed.
Section 5. That ARSD 74:02:10:04 be repealed.
Section 6. That ARSD 74:02:10:05 be repealed.
Section 7. That ARSD 74:02:10:06 be repealed.
Section 8. That ARSD 74:02:10:07 be repealed.
An Act to codify the list of navigable streams requiring gates.
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I certify that the attached Act originated in the
HOUSE as Bill No. 1082
____________________________
Chief Clerk ____________________________
Speaker of the House
Attest:
____________________________
Chief Clerk
____________________________
Attest:
____________________________
Secretary of the Senate
House Bill No. 1082 File No. ____ Chapter No. ______ |
Received at this Executive Office this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor STATE OF SOUTH DAKOTA, ss.
Office of the Secretary of State
Filed ____________ , 20___
____________________________ Secretary of State
By _________________________ |
