Legal Trend Sparks Special Session on Water Rights in a Plains State.

The Court Ruling in March:  A  unanimously declared that neither sportsmen nor landowners had a superior right when non-meandered waters move over private land

the state:  South Dakota

What did the South Dakota Game, Fish and Parks Commission do after the March court ruling? Closed public access to some, or all, of 25 lakes and sloughs

What does nonmeandered water mean?  “Non-meandered is a legal reference to impermanent water bodies that government survey crews in the late 1800s declined to designate as permanent water bodies in what was Dakota Territory”

The legislative fixes:

  • Authorizing the game commission to decide regulations for specific bodies of water
  • Limiting landowner liability
  • Authorizing game commission staff to negotiate with individual landowners.

Capital Journal | Legislators hint at June special session on non-meandered water