Since South Dakota statehood the US Army Corps of Engineers have had purview over water that flows into bodies that can support navigation.
Nearly every moving stream, intermittent or not in South Dakota, has supported a pre-settlement Amerindian or European explorer pulling and propelling a canoe over it.
In South Dakota, once it leaves its source, all surface water that flows from or through private property is owned by the state.
Property owners can harvest and possess rainwater and with a permit can pump from aquifers; but, the moment runoff reaches another body of water outside that boundary, contaminated by whatever residue it encounters along the way, within state borders, it's the property of the State of South Dakota.
Unfortunately, in South Dakota, the Department of Environment and Natural Resources is governed by those same offenders and therefore effectively neutered.
Rapid City environmental lawyer David Ganje is doing work for the South Dakota Farmers Union. He believes the legislature's fix is deeply flawed.
The summer committee of the Legislature voted approval of a nonmeandered waters bill June 2. The bill includes several workable and good provisions. Still, the committee opted for a bill that is unfinished, even for the limited, immediate issues the bill seeks to remedy. This use of public waters cannot be bought or leased by the state. If the purpose of the bill is to buy or lease property rights from private landowners, the bill does not achieve this purpose. [David Ganje]According to KWAT Radio 2014 gubernatorial loser, Susan Wismer is supporting the fix.
Longtime Democratic politico, Nick Nemec said, "the simplest and easiest solution is to forgive all property taxes on submerged land and open it to recreation. Possibly include 50-100 foot setbacks from shore and expanded no wake zones as an answer to some of the complaints of landowners."
Largely created by tiling East River lakes are mostly eutrophic shit holes filled with toxic algae and unable to even support fish populations: why they're not tapped for irrigation instead of pumping fossil water from depleted aquifers remains a mystery.
Ranchers and farmers who pump aquifers to water hay crops are out of hay after giving it to other ag welfare recipients this Spring.
That's not self-reliance; it's moral hazard.
This legislation is simply an extension of the watershed buffer bill that has no teeth either.
Despite greater than average mountain runoff into the Missouri River permanent disaster area South Dakota is banking on drought to coax relief from the Trump Organization even as the Prairie Pothole Region suffers from the ravages of industrial agriculture.
Little wonder the federal government wants ag welfare and crop insurance reform.