With an overflow crowd of nearly 300 people at the Watertown Convention Center today the Game Fish And Parks Department addressed, for the first time, the recent Supreme Court ruling targeting lake access. This is the first time the department has issued a statement since the South Dakota Supreme Court handed down a ruling in march that favored landowners. The controversy has been kicked down the road by the South Dakota Legislature since 2004 and has now landed firmly in their legislative lap. The original ruling by the court stated that all water belonged to the public, leaving the door open for anglers to access the water if they had a public entry point. The original decision also stated that the legislature had the clear authority to determine the beneficial use of the water. Attorney General Marty Jackley says the latest ruling by the court states that, until the legislature takes action, neither the public or landowner has a superior right to use the water or ice overlying a landowner’s property. Further, it prohibits the Game Fish and Parks Department from promoting access to these lakes. At the Commission meeting Thursday afternoon, Secretary Kelly Hepler said his department will abide by the ruling by closing down the department managed boat launches on non-meandered bodies of water.
He said the land where these access areas exist will remain open to the public, however the boat ramps will be shut down and the docks kept high and dry. He says the Game Fish and Parks will also discontinue stocking these lakes with fingerling fish
Hepler also said that future fishing reports provided by the department will only be given for meandered waters with no reports made available for non-meandered bodies of water
Kepler says the department is advising each individual to read the court’s decision and to seek appropriate legal advice to interpret the ruling because the Game, Fish and Parks Department cannot provide it
To comply with the Supreme Court ruling, GFP is posting signage and limiting access to infrastructure at the following water bodies, with the potential of additional water bodies to be added:
- Caseys Slough, Cottonwood Lake GPA, Dry Lake #1, Dry Lake #2 and Swan Lake in Clark County;
- Deep Lake and Goose Lake in Codington County;
- East Krause Lake, Lynn Lake, Middle Lynn Lake and Reetz Lake in Day County;
- North Scatterwood Lake in Edmunds County;
- Three Buck Lake in Hamlin County;
- Bullhead Lake, Cattail-Kettle Lake and Cottonwood Lake in Marshall County;
- Keisz Lake in McPherson County;
- Grass Lake, Loss Lake, Scott Lake and Twin Lakes in Minnehaha County;
- Twin Lakes in Sanborn County;
- Cottonwood Lake and Mud Lake in Spink County; and
- Dog Ear Lake in Tripp County.
Public notice signs will be posted in these areas by the end of April.
(KXLG)