South Dakota Statutes
§ 43-17-23 — Natural factors given precedence in water marks--When man
South Dakota § 43-17-23
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)
Legislative History
SL 1978, ch 305, § 3; SL 1981, ch 308, § 3.
Nearby Sections
15
§ 43-1-1
Property defined.§ 43-1-2
Classes of property.§ 43-1-4
Land as solid material of earth.§ 43-1-6
Law governing real property.§ 43-1-7
Law governing personal property.§ 43-10-13
Repealed§ 43-11-10
Power in trust defined.§ 43-11-11
General power in trust defined.§ 43-11-12
Special power in trust defined.§ 43-11-13
Capacity to create power.§ 43-11-14
Manner of creating power.§ 43-11-15
Vesting of power.Cite This Page — Counsel Stack
Bluebook (online)
South Dakota § 43-17-23, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/43-17-23.