South Dakota Statutes

§ 43-17-23 — Natural factors given precedence in water marks--When man

South Dakota § 43-17-23
JurisdictionSouth Dakota
Title 43PROPERTY
Ch. 43-17WATER BOUNDARIES AND RIPARIAN LANDS

This text of South Dakota § 43-17-23 (Natural factors given precedence in water marks--When man) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
S.D. Codified Laws § 43-17-23 (2026).

Text

In determining the ordinary high water mark, natural factors take precedence. Man - made influences, either those that have been constructed to lower the mark or those constructed to raise the mark, shall be disregarded unless the influences have been lawfully constructed or have existed and been accepted for a period of time determined by the Water Management Board to be the equivalent of natural conditions.

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Related

South Dakota Wildlife Federation v. Water Management Board
382 N.W.2d 26 (South Dakota Supreme Court, 1986)
14 case citations

Legislative History

SL 1978, ch 305, § 3; SL 1981, ch 308, § 3.

Nearby Sections

15
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Bluebook (online)
South Dakota § 43-17-23, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/43-17-23.