Section 43-17-34 - "Navigability" defined--Application of term. - South Dakota Statutes

43-17-34. "Navigability" defined--Application of term. A stream, or portion of a stream, is navigable if it can support a vessel capable of carrying one or more persons throughout the period between the first of May to the thirtieth of September, inclusive, in two out of every ten years. A dry draw, as defined in § 46-1-6, is not navigable. This section does not apply to any stream or portion of a stream which is navigable pursuant to federal law. Any person may petition the Water Management Board for a declaratory ruling as to the navigability of any stream, or portion of a stream, in this state. The Water Management Board may charge the petitioner a fee not to exceed two hundred fifty dollars to defray the costs of preparing the declaratory ruling. Neither this section nor any declaratory ruling made pursuant to this section grants, creates, recognizes, conveys, removes, or diminishes any right or title to property. The provisions of this section apply only to the implementation of §§ 43-17-35 to 43-17-37, inclusive.

Source: SL 1990, ch 348.