Chapter 17 - Water Boundaries And Riparian Lands

Chapter 17 - Water Boundaries And Riparian Lands

§ 43-17-1 Land below ordinary high-water mark of navigable lake or stream--Law governing ownership.
§ 43-17-2 Upland owner taking to edge of navigable lake or stream at low-water mark--Exception--Navigable rivers and lakes as public highways.
§ 43-17-3 Lands forming in bed of navigable stream or meandered lake belong to state--Exception.
§ 43-17-4 Opposite banks of nonnavigable stream belonging to different persons--Stream and bed common to both.
§ 43-17-5 Accretions to bank of river or stream belong to owner of bank subject to existing right-of-way.
§ 43-17-6 Surveying and subdividing accretion lands--Permanency of uncontested boundaries.
§ 43-17-7 Notice of survey of accretion lands--Consent of interested parties necessary.
§ 43-17-8 Plat of accretion lands by surveyor--Contents--Recording.
§ 43-17-9 Attaching of additional land--Substitution of outer boundary of surveyed accretion land--Apportionment of new accreted land--Determination of boundary line.
§ 43-17-10 Title to land by avulsion--Reclamation by original owner of part of land carried away.
§ 43-17-11 Stream forming new course--Abandonment of ancient stream bed--Owners of newly occupied land take ancient stream bed proportionately.
§ 43-17-12 New arm of stream--Island formed by division belongs to owner of shore.
§ 43-17-13 Ownership of island or accumulation of land in nonnavigable stream.
§ 43-17-14 Land acquired by reliction--Apportionment and division--Preparation, contents and recording of survey.
§ 43-17-15 Failure or neglect of owners of land acquired by reliction to plat land--Enforcement action by municipal officials.
§ 43-17-16 Action to enforce survey of land acquired by reliction--Determination of ownership--Appointment of commissioners to divide and survey relicted lands.
§ 43-17-17 Plat and survey of relicted lands by commissioners--Report in writing--Filing with clerk of courts.
§ 43-17-18 Report and survey of relicted lands by commissioners--Adoption or modification by circuit court--Filing of certified copy of judgment--New trial and appeal.
§ 43-17-19 Costs of action to enforce plat and survey of relicted lands.
§ 43-17-20 Establishment of water marks on lakes--Definition of terms.
§ 43-17-21 Water Management Board to establish and mark high and low water marks on public lakes--Change on change in natural conditions.
§ 43-17-22 Repealed.
§ 43-17-23 Natural factors given precedence in water marks--When man-made influences considered.
§ 43-17-24 Investigation of site where water mark to be established--Consultation with other agencies--Public hearings.
§ 43-17-24.1 Notice of public hearings on water marks.
§ 43-17-24.2 Prior decisions on water marks validated--Rights barred by no action.
§ 43-17-25 Reconsideration of water marks established by board--Final unless appealed to courts.
§ 43-17-26 Ownership and rights of use unaffected.
§ 43-17-27 Marks previously determined not affected--Effect on pending proceedings for determination.
§ 43-17-28 Persons who may request board determination--Jurisdiction of courts.
§ 43-17-29 Public rights in lake above high water mark.
§ 43-17-30 Powers of Department of Game, Fish and Parks.
§ 43-17-31 Landowner's right to deny public access to taxable property--Department to clearly mark certain inundated property--Exception.
§ 43-17-32 Landowner's right to deny state agency use of taxable property--Conditions for public access--Exceptions.
§ 43-17-33 Public access to private lands pursuant to § 43-17-32--Identification of affected property by state agency.
§ 43-17-34 Navigable defined--Application of sections.
§ 43-17-35 Fencing certain land on both sides of navigable stream permitted--Violation as misdemeanor.
§ 43-17-36 Promulgation of rules for safe use of stream.
§ 43-17-37 Repealed.
§ 43-17-38 Gate or opening required in fence constructed across certain streams--Federally-navigable rivers--Public access--Violation as misdemeanor.
§ 43-17-39 Repealed.
§ 43-17-40 Responsibility for construction and maintenance of gate or opening.
§ 43-17-41 Liability for damage from fencing on both sides of navigable streams.

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