The Water Management Board shall determine any ordinary high or low water mark upon receiving a written request from an owner or lessee of real property riparian to a public lake, from twentyfive electors of the state or from a person seeking to develop, with approval by the Department of Game, Fish and Parks, the bed of a public lake for wildlife management purposes. The provisions of this section do not diminish the jurisdiction of the courts of this state otherwise to determine any ordinary high or low water mark in appropriate proceedings.

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Terms Used In South Dakota Codified Laws 43-17-28

  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2

Source: SL 1985, ch 337, § 6.