Author Topic: NE South Dakota losing their fishing waters?  (Read 9988 times)

Offline mbaiter

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Re: NE South Dakota losing their fishing waters?
« Reply #30 on: Jun 05, 2017, 10:09 AM »
Just FYI, they have now included meandering lakes that can be closed off by land owners(81 lake was taken off the list, so now it can be closes without public input, just like the rest now). If the water went beyond the "high water mark" they can close the water. How in the world can they prove where the mark was is beyond me. Their isn't 1 document that proves the line within 10 yards at the time of survey.  Just so everyone knows.  Several lodges and private landowners that charges to gain access, do NOT pay tourism tax, even though by sd law. They have to. I have looked up several guides and lodge, and private landowners that i know charge over 1k for fishing rights, and not a one paid the tax. Source: sd treasury .  And just so everyone knows, a landowner can close anybody of water, and we the public(water is to remain in the public trust , the use to be determined by the trustees, legislatures, source: supreme court ) have NO say anymore if the water is closed, once its closed its closed and only that landowner has rights to that public water. They can apply to have it closed but we have no way to appeal that application.!!!    We must email sd reps and be polite!!!! and stick to the facts from the supreme court, and remind them that this bill gives the landowners trustee power and that is against the Scourt ruling and will lose in court this year. If you think this is just about fishing your wrong, its about drinking water down the road. This bill sets precedence for drinking water rights. 

Offline rags

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Re: NE South Dakota losing their fishing waters?
« Reply #31 on: Jun 05, 2017, 06:50 PM »
I read the new one they released  today , I need to reread it to try and understand it

Offline mbaiter

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Re: NE South Dakota losing their fishing waters?
« Reply #32 on: Jun 08, 2017, 10:47 AM »
Hi,please contact the SD local reps and ask them to vote NO on this water bill, they are meeting monday at 10 am in pierre to vote.  This bill will close off a lot of public trust water without public input.  This allows the private landowner to privatize the water.  Please be polite and short.. vote NO.   Do it before sunday if possible. Thank you.

Offline rags

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Re: NE South Dakota losing their fishing waters?
« Reply #33 on: Jun 08, 2017, 08:47 PM »
Call or email either one

Offline rundrave

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Re: NE South Dakota losing their fishing waters?
« Reply #34 on: Jun 12, 2017, 09:25 PM »
SD special session on nonmeandered water ends with legislation passed. House voted 54-12 to accept Senate version. Senate voted 26-2.
 
now waiting for the governor to sign which he has already indicated he would
 
this is bittersweet, glad to see waters opened back up, not thrilled about seeing some closed for good.
 
we don't need private lakes stocked by the public with license dollars.
Tax forgiveness on flooded land is a better solution
 

Offline bowmandan

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Re: NE South Dakota losing their fishing waters?
« Reply #35 on: Jun 12, 2017, 09:54 PM »
What is their final verdict

Offline mbaiter

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Re: NE South Dakota losing their fishing waters?
« Reply #36 on: Jun 13, 2017, 09:26 AM »
it passed with a shorter sunset clause(which is somewhat good for SD residence). 3 amendments were brought forward which would of balanced out this bill(and satisfied the supreme court ruling), but voted down by senate.  Now outdoor people will have to look every time they want to go on public trust water through public land to see if its closed off or not by private landowners.  Why would anyone want to come to SD now?  We are going to North Dakota now.  If you go to SD to fish you will have to worry about getting a criminal trespassing ticket now if you boat floats over public trust water 5 ft thats privately owned now.  Just think this bill was written by a lawyer/lobbyist that was for 3 landowners that started this mess, and that lawyer works for Monsanto as well. And his firm leases up flooded lands for their personal fishing / hunting areas.  So this bill just gave away public trust waters to non res people/corps.   Worse part of this bill is the public has NO say or appeals process in any of the closings. I talked to 2 water attorneys and they both said this will end up in court, easy win.   I encourage EVERYONE to go to durrie slough and have their cameras rolling and ask to fish it and if he says no, put a 100 bill out and offer it, and make sure you record it. Plus their is WPA on that lake and by federal law they have to provide access to that water/land.  And this bill sets up that MEANDERING water could be closed off as well. This bill sets precedent that drinking water will be in private hands in the future as well. (probably the reason why Monsanto was very interested in this.). This bill opened 30 lakes(which still can be close by the landowner if they go in front of a non trustee board), just to let over 20k acres of water to be closed(by non trustee people , without public input, this water can be closed for good!), as a son of a land owner, this is a horrible law.

Offline mbaiter

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Re: NE South Dakota losing their fishing waters?
« Reply #37 on: Jun 13, 2017, 09:37 AM »
just got word that this bill/law allowed the injunctions of the waters to be put back on. Not sure how that is possible because nothing in the law stated this.  So guess what, a lot more landowners will be doing this  now.  Despite what the supreme court ruled on.... neither the landowner nor the public have superior right to public trust waters.

Offline rundrave

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Re: NE South Dakota losing their fishing waters?
« Reply #38 on: Jun 13, 2017, 10:27 AM »
just got word that this bill/law allowed the injunctions of the waters to be put back on. Not sure how that is possible because nothing in the law stated this.  So guess what, a lot more landowners will be doing this  now.  Despite what the supreme court ruled on.... neither the landowner nor the public have superior right to public trust waters.

whats your source for this?

The responsibility to mark off water will fall on the land owners and they will have to verify their property lines. How many do you think will go through the effort to stake off or put out markers? Even if they cant make a profit from closing water off. And with open and hard water they would have to do it every time the water thaws and freezes.

Offline ice dawg

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Re: NE South Dakota losing their fishing waters?
« Reply #39 on: Jun 13, 2017, 01:17 PM »
I didn't see Reetz on the list of lakes reopened.
It seems to go from zero to hero all some have to do is lie.

Offline mbaiter

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Re: NE South Dakota losing their fishing waters?
« Reply #40 on: Jun 13, 2017, 04:53 PM »
this is from the gfp's website, maybe i read it wrong but,  here it is. Injunctions from previous court actions (Duerre v. Hepler and Parks v. Cooper) remain in effect.

Offline rags

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Re: NE South Dakota losing their fishing waters?
« Reply #41 on: Jun 13, 2017, 07:33 PM »
GFP Works on Reopening public access after open water compromise passes

Pierre, S.D. -With passage of House Bill 1001 by the SD Legislature, the South Dakota Game, Fish and Parks (GFP) is now in the process of removing the cables that have blocked boat ramps on nonmeandered waters; primarily in the eastern half of the state.

 By the end of today, GFP staff will have removed all cables that previously restricted access to nearly 30 nonmeandered lakes. Full services will be restored by the end of the week; which includes having docks back in the water.

 "I want to thank the Legislature for taking quick action yesterday," said Kelly Hepler, GFP secretary. "I encourage everyone to join together for implementation of the Open Waters Compromise."

 Going forward, the department will work closely with the GFP Commission to engage the public in setting rules to implement sections of the bill; including the ability for landowners to mark water above private land closed. In the interim, landowners can still post the waters with conspicuous markers after notifying the department. GFP will work with landowners to maintain our state’s recreational opportunities for the public.   

 Injunctions from previous court actions (Duerre v. Hepler and Parks v. Cooper) remain in effect. As these waters are reopened GFP encourages all to get out and enjoy the great outdoors

Offline mbaiter

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Re: NE South Dakota losing their fishing waters?
« Reply #42 on: Jun 15, 2017, 10:48 AM »
over 60 "markers" have been pre ordered  as of yesterday already(gfp's office).  Thats just the beginning. If i was from out of state, i wouldn't bother with sd now.  Nothing like getting on a lake and seeing markers and not knowing where you can fish on public trust waters(when you get on the water and only see 4 markers, how can you tell where u can fish or not, plus how do we know if those markers are not on public land? ) , after you got on by legal means.   This is possibly the biggest joke ever.  just a example, lake lily , alot of state land that is in over 25 ft deep and how in the world do they mark it and keep it marked for ice fishing.  Another one is cattail lake(if a non elected body/landowner petitions to open and gets it open) and he marks off the state land. over 700 acres in state land scattered over the lake. I hate see the small business owners fail. but it will probably happen within 2 years if this keeps in law(in a way it would be a good deal if all the water was closed to prove to the governor that this is bad and illegal). Because certain people want it privatized and this bill is just the beginning.  I encourage everyone to contact the gfp/landowners and have them verify if their markers are in the correct place and not on public land. And if they can't or if they do and they are on public land, file charges of criminal trust-passing or closing off public land. I promise you this will happen. Wind, ice, human error/purpose.  Plus one lodge has already taken down WPA signs and put no trespassing signs up on the land/water. the WPA office forced them to change it(was done last year).  I wrote this on my phone, so apologizes for errors.

Offline rags

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Re: NE South Dakota losing their fishing waters?
« Reply #43 on: Jun 16, 2017, 07:09 PM »
I agree mbaiter , I am glad this crap show of a law is only going to last one year . There are some sportsman groups and sportsmen working on this right now to get it changed . From I catch on Facebook there is some landowners that want to close all the waters and go after meandering lakes also . It is really sad with the way things are turning out

Offline Markineyes

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Re: NE South Dakota losing their fishing waters?
« Reply #44 on: Aug 05, 2017, 09:34 PM »
I realize that it's early, but has anyone heard if any landowners marked off their property on some of the lakes and which ones?  Or do you think it'll be more of an ice fishing issue? 

Offline bowmandan

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Re: NE South Dakota losing their fishing waters?
« Reply #45 on: Aug 06, 2017, 08:40 AM »
Go up to antelope and Indian Springs south of Clark.   The "guided duck hunting" lodge on the north shore between the two has put hay bales between the lake so boats can not pass between.  The bales are on his "private" land and are starting to get rotten. This has ruined all fishing on antelope.  Turned the water brownish orange and it stinks so bad you can not fish antelope .

  He wants Indian Springs which has flooded some of his land all private so he has a duck hunters heaven.  Luckily another land owner put in a boat ramp with a free will donation to launch.   

Offline Agronomist_at_IA

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Re: NE South Dakota losing their fishing waters?
« Reply #46 on: Aug 06, 2017, 11:13 PM »
I can totally understand the landowners.....however I wish they just had a box to pay a little money to them so a guy could fish it.

Offline ice dawg

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Re: NE South Dakota losing their fishing waters?
« Reply #47 on: Aug 07, 2017, 11:44 AM »
Some did this and a lot of people didn't put money in the container so the landowners closed the access. I believe Jesse Slough was closed because of this.
It seems to go from zero to hero all some have to do is lie.

Offline mbaiter

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Re: NE South Dakota losing their fishing waters?
« Reply #48 on: Aug 07, 2017, 11:50 AM »
Jessie slough has WPA (federal land) under it, part of it. And by federal law, we the public has to have access to that wpa. The day county board tried to vacate the roads that led to it, and the supreme court of sd ruled they couldn't do that. Plus the feds stepped in.  I've fished jessie and durrie for many years... never once did i c a drop box anywhere.  I did see landowners there carrying guns around and threatening people though. ANd the fishermen were over the wpa.  Did you know landowners are posting right aways  now and closed. that is illegal by 2 laws in sd. But the state is letting them by with it.  Our governor caused this whole mess.

Offline ice dawg

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Re: NE South Dakota losing their fishing waters?
« Reply #49 on: Aug 07, 2017, 01:13 PM »
It has become a real mess, so I will continue to avoid the area and stay away from the thundering herd.  >:(
It seems to go from zero to hero all some have to do is lie.

Offline Markineyes

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Re: NE South Dakota losing their fishing waters?
« Reply #50 on: Aug 08, 2017, 07:12 PM »
I've fished a few of those lakes in the past but I'm not overly familiar with them so I'm a little hesitant to head back up there and fish those lakes this coming winter.  I'm not overly interested in the pay to fish idea so I'll have to look into other options maybe. It's disappointing that it has come to this but who knows maybe they'll figure something out yet.

Offline rags

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Offline jthod

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Re: NE South Dakota losing their fishing waters?
« Reply #52 on: Sep 18, 2017, 02:54 PM »
So according to that, Reetz is no longer 'closed'?

We are heading up in a few weeks smallie fishing, and we are very curious about Reetz.

Offline majic0135

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Re: NE South Dakota losing their fishing waters?
« Reply #53 on: Sep 19, 2017, 11:40 AM »
As for Reetz still working on an agreement,,, The Last I seen cable still at boat ramp,,, Hope to get some agreement soon the last I heard,,,
majic

Offline Agronomist_at_IA

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Re: NE South Dakota losing their fishing waters?
« Reply #54 on: Sep 19, 2017, 05:14 PM »
As for Reetz still working on an agreement,,, The Last I seen cable still at boat ramp,,, Hope to get some agreement soon the last I heard,,,

I'm fine just so it's done by the end of DEC.

Offline jthod

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Re: NE South Dakota losing their fishing waters?
« Reply #55 on: Sep 20, 2017, 08:49 AM »
A report from a local forum member that was there last weekend says it's still closed.   :(

Offline ice dawg

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Re: NE South Dakota losing their fishing waters?
« Reply #56 on: Sep 20, 2017, 09:30 AM »
Jessie slough has WPA (federal land) under it, part of it. And by federal law, we the public has to have access to that wpa. The day county board tried to vacate the roads that led to it, and the supreme court of sd ruled they couldn't do that. Plus the feds stepped in.  I've fished jessie and durrie for many years... never once did i c a drop box anywhere.  I did see landowners there carrying guns around and threatening people though. ANd the fishermen were over the wpa.  Did you know landowners are posting right aways  now and closed. that is illegal by 2 laws in sd. But the state is letting them by with it.  Our governor caused this whole mess.
I put money in a drop box at the private launch on the south side. In my opinion authorities allowed this issue to get out of hand since there were laws governing the situation. I used to enjoy our pheasant hunting until the state changed laws and it became a money game. When enough money changes hands we will have access to some of the non-meandered water again.
It seems to go from zero to hero all some have to do is lie.

Offline Agronomist_at_IA

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Re: NE South Dakota losing their fishing waters?
« Reply #57 on: Sep 20, 2017, 07:26 PM »
I put money in a drop box at the private launch on the south side. In my opinion authorities allowed this issue to get out of hand since there were laws governing the situation. I used to enjoy our pheasant hunting until the state changed laws and it became a money game. When enough money changes hands we will have access to some of the non-meandered water again.

Rule of thumb......it is always about the money.

Offline holehopper

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Re: NE South Dakota losing their fishing waters?
« Reply #58 on: Sep 20, 2017, 09:23 PM »
I'm from MN and enjoy fishing around the Watertown area. This makes me think I'll fish MN. I understand where the landowners are coming from but you have to create regs people can actually understand and follow. Trying to hunt pheasants in SD is bad enough. Fourteen different sign colors that all have different regs depending on the field. Farm equipment in the field with a yellow sign? See article 4 subsection 3 paragraph 2. Just for fun try reading the regs on road hunting. It is a beautiful state and a sportsmans paradise but the hunting and fishing regs make me want to stay home.
Never Stop Never Stopping

Offline ice dawg

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Re: NE South Dakota losing their fishing waters?
« Reply #59 on: Sep 21, 2017, 06:33 PM »
Lol, I have read the road hunting regulations and they are a joke. Just another reason I quit hunting pheasants. At least making landowner contact is easy in SD, just stop along a gravel road and shoot a round into the air. You will have a landowner screaming in your face in about a minute. Just be sure you park your vehicle according to G,F&P regulations. ;D ;)
It seems to go from zero to hero all some have to do is lie.

 



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