SIOUX FALLS, S.D. (KELO AM) - A recent state supreme court ruling didn't settle the issue of public access to bodies of water, primarily in northeast South Dakota, that expanded due to flooding.
South Dakota Attorney General Marty Jackley says this month's ruling favored landowners when the court basically said only the legislature has the authority to determine water access and how the waters are to "be beneficially used in the public's interest."
Jackley says the court did lift the injunction that prohibited some public use of the waters. He says the ruling also prohibits Game, Fish and Parks from promoting access to these waters.
Jackley says the Supreme Court was clear in its decision that "until the legislature acts, neither the public nor the landowners have a superior right to use the water or ice overlying the landowner's property."
He admits the issue is thorny but adds that the solution for outdoorsmen is to get landowner permission.
The issue has been controversial since 2004 after ponds grew dramatically after years of flooding. It created bountiful fisheries, water access controversy and landowner outrage.
The court that year said all water belonged to the public, allowing anglers to access the water if there was a public entry point. Landowners filed a series of lawsuits against the state.
Jackley says the Supreme Court, in its decision, indicated the legislature needs to act and that the issue will not be settled by the court.