Chapter 17 - WATER BOUNDARIES AND RIPARIAN LANDS

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Section 43-17-22 - [Repealed]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