43-17-34. Navigable defined--Application of sections.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. The provisions of §§43-17-34 to 43-17-36, inclusive, and §43-17-38 do not grant, create, recognize, convey, remove, or diminish any right or title to property. The provisions of this section apply only to the implementation of §§43-17-35 and 43-17-38. Source: SL 1990, ch 348; SL 2016, ch 214, §1.
South Dakota Legal Code