South Dakota § 41-23-1 Legislative findings.

South Dakota Statutes

§ 41-23-1 — Legislative findings.

South Dakota § 41-23-1

Title 41GAME, FISH, PARKS AND FORESTRY

Ch. 41-23RECREATIONAL USE OF NONMEANDERED WATERS

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Bluebook

S.D. Codified Laws § 41-23-1 (2026).

Text

The Legislature finds:

(1)The South Dakota Supreme Court, in Parks v. Cooper , 2004 SD 27 and Duerre v. Hepler , 2017 SD 8, held that the Legislature has the obligation to determine the extent of public use of water overlying private property for recreational purposes; and (2) Because the state holds the waters in trust for the benefit of the public, the Legislature must balance the interests of recreational users and the rights of private property owners to provide a constitutionally sound and manageable basis for establishing public recreational use of water overlying private property in accordance with this chapter.

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The Legislature finds: (1) The South Dakota Supreme Court, in Parks v. Cooper , 2004 SD 27 and Duerre v. Hepler , 2017 SD 8, held that the Legislature has the obligation to determine the extent of public use of water overlying private property for recreational purposes; and (2) Because the state holds the waters in trust for the benefit of the public, the Legislature must balance the interests of recreational users and the rights of private property owners to provide a constitutionally sound and manageable basis for establishing public recreational use of water overlying private property in accordance with this chapter.