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Non-Meandered Waters
Field Staff
Joined:
09/27/2011
From Eastern SD & SW MN
Posts: 891
To those that fish South Dakota, the following attachments show lakes that will no longer be "accessible" for fishing until further notice. This issue is not scheduled to be resolved until January 2018 - unless a special session is called.

Full details are located here:
http://gfp.sd.gov/fishing-boating/courtruling.aspx?utm_source=iContact&utm_medium=email&utm_campaign=GFP%20News&utm_content=

Attach file:



jpg  GFP News Release.JPG (139.35 KB)
15741_58ebbc5ce08d5.jpg 604X791 px

jpg  Public Notice Sign.jpg (126.72 KB)
15741_58ebbc6703573.jpg 900X584 px

Posted on: 4/10 12:10:47
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Re: Non-Meandered Waters
LSF Member
Joined:
11/22/2014
From St Michael
Posts: 292
Just a question about this whole mess, did these lakes develop on a person's private property and then grow to the point where it contacted a public road? If so, did the person who lost all of that real estate just loose out on all of it's land value?

Posted on: 4/10 12:17:47
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Re: Non-Meandered Waters
Field Staff
Joined:
09/27/2011
From Eastern SD & SW MN
Posts: 891
I will explain this the best I can, but I am no means an expert if this area.

To answer your questions.. Yes and no. It is a very complex issue and often varies on a case-to-case basis. Yes, many of the lakes did grow in early 90's and are on private land. But many of the lakes are already on GFP public lands and very little of the water comes in contact with private land. (See images below - any color indicates publicly owned land yet these lakes have been closed to fishing).

A big issue is that the landowners are upset with being taxed on the land that people are publicly fishing - at what rate, I do not know. From a fisherman's perspective, many of these lakes have a had public stocking, landings, docks, etc. that were installed by the GFP as well as public land underneath the lakes. Obviously, all funded by the people that buy a license. Non-resident and resident alike.

There is a petition going around to urge the Governor to call for a special session to resolve this issue. Here is following link if anyone would like to sign (you do not need to a resident of SD to sign): https://www.change.org/p/governor-dennis-daugaard-south-dakota-legislature-special-session

This article may also help answer some questions you may have: http://www.mitchellrepublic.com/outdoors/4247468-gfp-anglers-need-make-own-decision-regarding-restricted-lakes

Attach file:



jpg  Swan Lake.JPG (45.15 KB)
15741_58ebc3cb84a61.jpg 354X528 px

jpg  Dry Lake #2.JPG (39.80 KB)
15741_58ebc3d59e1f9.jpg 355X343 px

jpg  Twin Lake.JPG (32.25 KB)
15741_58ebc3de1b1fa.jpg 350X393 px

Posted on: 4/10 12:43:13
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Re: Non-Meandered Waters
LSF Member
Joined:
11/18/2008
Posts: 215
This pretty much clears it up, don't you think?

They are closing accesses on lakes you might be able to fish legally. Must have to be a politician to figure that one out

Here is what was in the Mitchell article

The South Dakota Game, Fish & Parks Department will not be giving "black and white answers" on a Supreme Court decision regarding certain South Dakota bodies of water

GF&P Secretary Kelly Hepler said Friday the state will not take a position as to whether people can use the bodies of non-meandering water overlying private property that were given restricted access.


"We're not telling you can go fish and we're not saying you can't," Hepler said in an interview with The Daily Republic.

Posted on: 4/10 14:37:36
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Re: Non-Meandered Waters
Field Staff
Joined:
09/27/2011
From Eastern SD & SW MN
Posts: 891
That's their way of not making a decision and postponing it even further. This has been a fight for a while now. Yes, it is all currently a "gray" area. However, gray area or not - shutting down the public landings to these lakes means you aren't getting out there to fish. In my mind, that's a problem when a lot of the lakes are mostly public already. (As shown above)

Posted on: 4/10 14:56:00
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Re: Non-Meandered Waters
LSF Member
Joined:
11/22/2014
From St Michael
Posts: 292
Thanks for the info. I can totally see the property owners side if they are being taxed for underwater land that is public access, but If most of the lake is on public land they should be able to use it. What a mess!

Posted on: 4/10 16:12:51
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